Terms of Use
Please carefully read these Terms of Use (the “Terms”) before using our website https://stagepointeurope.com/ (“Website”) and the products and services provided, offered through it (“Products”, “Services”). By accessing or using the Website, you agree to be governed by these Terms and all other terms and conditions incorporated by reference. If you disagree with any clauses of these Terms, you must discontinue using our Website.
Before enrolling on the Website, you must read, agree to, and accept all of the Terms, our Privacy Policy, Cookies Policy, and any other policies, terms, and rules allocated at the Website. We recognize that by registering on our Website, you agree to the Terms, our Privacy Policy, Cookies Policy, and any other policies, terms, and rules that are allocated at the Website.
By accessing or using our Products, Services, you confirm that you had access to the Terms (via allocation on the Website) prior to using them, that you have had enough time to thoroughly review them in advance, and that you can easily copy them.
The Terms is a public offer that includes typical, standardized terms and conditions. This offer is accepted when you take actions that reflect your will, such as commencing to access or use Products and Services through Website, registering at the Website indicating that you agree to the Terms.
When applying to use Products, Services through Website functionality, registering at Website, it means the execution of a written agreement, equivalent due communications exchange via Website, and we declare that we ensure the protection of the communication.
By accessing or using Products, Services, you confirm that the Terms do not contain unexpected conditions, do not exclude your rights and possibilities that are commonly granted in similar agreements, do not establish other provisions that violate the principle of equality of parties, cause imbalance in the Parties' interests, or are contrary to the criteria of reasonableness, good faith, and justice, and do not establish other provisions that violate the principle of equality of parties, cause imbalance in the Parties' interests, or are contrary to the criteria of reasonableness, good faith.
We reserve the right, at our sole discretion and without previous particular notice to you, to update or modify these Terms at any time. Your continuing use of the Website confirms your acceptance of the revised Terms.
We reserve the right, in our sole discretion, to modify Website, Customer Cabinet, or any their part, or Products, Services.
Before enrolling on the Website, you must read, agree to, and accept all of the Terms, our Privacy Policy, Cookies Policy, and any other policies, terms, and rules allocated at the Website. We recognize that by registering on our Website, you agree to the Terms, our Privacy Policy, Cookies Policy, and any other policies, terms, and rules that are allocated at the Website.
By accessing or using our Products, Services, you confirm that you had access to the Terms (via allocation on the Website) prior to using them, that you have had enough time to thoroughly review them in advance, and that you can easily copy them.
The Terms is a public offer that includes typical, standardized terms and conditions. This offer is accepted when you take actions that reflect your will, such as commencing to access or use Products and Services through Website, registering at the Website indicating that you agree to the Terms.
When applying to use Products, Services through Website functionality, registering at Website, it means the execution of a written agreement, equivalent due communications exchange via Website, and we declare that we ensure the protection of the communication.
By accessing or using Products, Services, you confirm that the Terms do not contain unexpected conditions, do not exclude your rights and possibilities that are commonly granted in similar agreements, do not establish other provisions that violate the principle of equality of parties, cause imbalance in the Parties' interests, or are contrary to the criteria of reasonableness, good faith, and justice, and do not establish other provisions that violate the principle of equality of parties, cause imbalance in the Parties' interests, or are contrary to the criteria of reasonableness, good faith.
We reserve the right, at our sole discretion and without previous particular notice to you, to update or modify these Terms at any time. Your continuing use of the Website confirms your acceptance of the revised Terms.
We reserve the right, in our sole discretion, to modify Website, Customer Cabinet, or any their part, or Products, Services.
1. Definitions
1.1. In these Terms, the following terms have the meanings assigned to them as set forth below:
1.2. Other undefined terms that can be found in the text of the Terms should be defined as set forth in appropriated provisions of the Terms, and, if not, construed by the Parties in accordance with the law.
1.3. Interpretations:
Headings are intended for convenience and do not influence the interpretation of the Terms' provisions.
In the Terms, you and Company are together referred to as "Parties" and individually as "Party".
Unless stated otherwise, words in the singular include plurals, and plurals include singulars.
References to one gender must include references to the other genders, unless the context indicates otherwise.
When the words "include(s), including," or "in particular" are used in the Terms, they are followed by "without limitation".
Other and otherwise are illustrative and do not limit the meaning of the preceding terms.
The terms and conditions of the Agreement apply to both you and any Authorized Person. You are responsible for ensuring that each Authorized Person complies with the Agreement and for everything they conduct in connection with it.
- Affiliate: means with respect to any Person, an individual, corporation, partnership, firm, association, unincorporated organization, or other entity directly or indirectly controlling, controlled by, or under common control with such Person.
- Agreement: refers to the agreement between you as an individual or a legal entity and us, that is made up of the following documents: the Terms, our Privacy Policy, Cookies Policy, and any other policies, terms, and rules allocated at Website, elements of Website, when using Products, Services, any other addendum thereto.
- AML and CTF Requirements: refers to any law on prevention of money laundering, terrorism financing, the proliferation of weapons of mass destruction, sanction evasion, fraud, bribery, tax evasion, the trafficking of arms, humans, or drugs, or any other financial crime regulation.
- Authorized Person: means any person, authorized by you (where you act as a representative, or an owner or an ultimate beneficial owner of a legal entity) being our corporate client, to act on your behalf, to manage your Wallet, performing any other act in connection with the Agreement.
- Confidential Information: means any information disclosed by one party (“Disclosing Party”) to another party (“Receiving Party”) unknown to the public (irrespective of its source or form of communication). Confidential information includes Wallet, Orders transactions, Customer Cabinet information, and any other information that cannot be seen publicly and cannot be obtained by third parties legally from other sources.
- Customer Cabinet: refers to an integrated part of our Webpage with proper tools, features, which enables users to engage in, act within accessible functionality, enabling you to use our Services, purchase, sale and stake Products, initiate Orders, execute Staking Contracts, and access other functionalities available.
- Cyber-attacks: include, but are not limited to, interventions using social engineering, forks, phishing, hacking, smurfing, sybil attacks, distributed denial of service, malware, misinformation campaigns, spoofing, majority-mining, consensus-based or other mining attacks, double spending, etc.
- Encumbrances: refers to any pledge, suretyship, guarantee, mortgage, charge, lien, or other encumbrance over your crypto-assets, NFT, whether imposed by an agreement, regulations, governmental authorities, or the enforcement of a judgment, that gives another person or institution priority or advantage over creditors.
- Force Majeure Event: means any event that is beyond our and your reasonable control and prevents or delays us or you from performing the obligations under the Agreement (earthquake, fire, explosion, flood, landslide, lightning, epidemics, pandemic, acts of war and terrorism, etc.).
- IP Rights: means intellectual property rights of Company associated with intangible assets owned by Company.
- NFT: means unique and non-fungible token developed, issued by us, and offered on Website.
- Order: refers to a request to buy or sell (exchange) an appropriate NFT for the crypto-asset, and based on the available terms and conditions, accessible in Customer Cabinet, on Website.
- Person: means an individual, partnership, limited partnership, corporation, limited liability company, joint-stock company, unincorporated organization or association, trust or joint venture, or other forms of a legal entity.
- Product: means NFTs that are created by us, and offered on Website.
- Proscribed Person: means a person who appears to us to be in violation of any AML and CTF Requirements, or on a list of persons with whom dealings are prohibited by regulatory authorities.
- Services: means the provision of our services, proposed on the Website as described in the Terms.
- Staking Contract: refers to a smart contract offered by us, which terms and conditions you could accept, allowing us to use your NFT in exchange for compensation.
- User: means any Person using our Website, Customer Cabinet.
- Wallet: means crypto-assets wallet created by you with third-parties, providing you with information about the supported crypto-assets belonging to you.
1.2. Other undefined terms that can be found in the text of the Terms should be defined as set forth in appropriated provisions of the Terms, and, if not, construed by the Parties in accordance with the law.
1.3. Interpretations:
Headings are intended for convenience and do not influence the interpretation of the Terms' provisions.
In the Terms, you and Company are together referred to as "Parties" and individually as "Party".
Unless stated otherwise, words in the singular include plurals, and plurals include singulars.
References to one gender must include references to the other genders, unless the context indicates otherwise.
When the words "include(s), including," or "in particular" are used in the Terms, they are followed by "without limitation".
Other and otherwise are illustrative and do not limit the meaning of the preceding terms.
The terms and conditions of the Agreement apply to both you and any Authorized Person. You are responsible for ensuring that each Authorized Person complies with the Agreement and for everything they conduct in connection with it.
2. Subject Matter
2.1. These Terms govern the contractual relationship between Parties, Stage Point Europe, registered under the law of Czech Republic, identification number 22 1 594, with the registered address: VIkova 532/8, Zizkov, 130 00 Prague 3, Czech Republic (“Company”, “we”, “us” or “our”) and you as individual or a legal entity, as a client if you access, use our Products, Services, visit our Website ("you", "your").
2.2. These Terms govern your rights and obligations in connection with the use of Company's Products, Services, which are available via Website. We offer Products, Services only to Persons being residents of countries, territories, defined and updated by us. We do not provide Products, Services to residents of countries, territories included into the list of restricted countries as set forth in the Terms.
2.3. We do not assist in Wallets opening and maintenance, do not provide crypto-assets custody services. For this purpose, you use the services of third-parties. We could limit the list of such third-parties names accepted by our Website. Our Website allows to integrate, connect your Wallet with, to Website, Customer Cabinet.
2.4. Products, Services provided by us are only intended for persons over the age of 18. Registering on Website, a user confirms that he, she is over 18 years of age. Using our Products, Services is prohibited for those, who are under 18 years of age.
2.5. The full scope of Products, Services you can find on the Website, in the Customer Cabinet.
2.6. The place of Agreement execution shall be Czech Republic, Prague. Agreement shall be governed, construed, interpreted, and enforced in accordance with the law of the Czech Republic. You understand and recognize that the place of Products, Services provided is the Czech Republic, and that Products, Services are not provided in the country where you reside.
2.2. These Terms govern your rights and obligations in connection with the use of Company's Products, Services, which are available via Website. We offer Products, Services only to Persons being residents of countries, territories, defined and updated by us. We do not provide Products, Services to residents of countries, territories included into the list of restricted countries as set forth in the Terms.
2.3. We do not assist in Wallets opening and maintenance, do not provide crypto-assets custody services. For this purpose, you use the services of third-parties. We could limit the list of such third-parties names accepted by our Website. Our Website allows to integrate, connect your Wallet with, to Website, Customer Cabinet.
2.4. Products, Services provided by us are only intended for persons over the age of 18. Registering on Website, a user confirms that he, she is over 18 years of age. Using our Products, Services is prohibited for those, who are under 18 years of age.
2.5. The full scope of Products, Services you can find on the Website, in the Customer Cabinet.
2.6. The place of Agreement execution shall be Czech Republic, Prague. Agreement shall be governed, construed, interpreted, and enforced in accordance with the law of the Czech Republic. You understand and recognize that the place of Products, Services provided is the Czech Republic, and that Products, Services are not provided in the country where you reside.
3. Services, Products
3.1. We provide crypto-assets/NFT exchange services. Orders could only be submitted by you, via Customer Cabinet in the format defined there.
3.2. Our mission is to provide you with the leeway in the definition of NFT price when you purchase it from us, meaning that when we sell NFT to you, the price is defined by you and we accept such initial price (the “Initial Price”). When we purchase NFT from you, the price is not below the Initial Price.
3.3. You may purchase, sell NFTs by exchanging available crypto-assets at your Wallet. Purchased NFT will be added to your Wallet as soon as the crypto-asset from your Wallet account will be transferred to our crypto-assets wallet.
3.4. When the Order is initiated together with accepting the staking terms and conditions, the purchased NFT is not transferred to your Wallet, but immediately saved for staking.
3.5. For Order performance you must have enough balance of the relevant crypto-asset or NFT at your Wallet, free of any Encumbrances or other limitations, for covering the total value of the Order. When you initiate Order, you shall, first, transfer a complete volume of the crypto-asset or NFT to our crypto-assets wallet.
3.6. For each initiated Order, we perform the role of the seller or purchaser, not perform an agent function.
3.7. Order could be initiated within the minimum, maximum thresholds established by us or the applicable AML and CTF Requirements.
3.8. You understand that in the case of Order for the thresholding amounts set by AML and CTF Requirements or our internal policies with reference to AML and CTF Requirements, we reserve the right not to execute Order, until we receive some information, documents that satisfy us completely.
3.9. We make reasonable efforts to fulfill Orders, but cannot guarantee completion or timeliness due to unforeseen circumstances. We are not liable for any delays caused by a Force Majeure Event, technological issues, our own verification or authorization processes, other reasons.
3.10. We are entitled to calculate a net amount in respect of all amounts transferable on the same date in the same crypto-asset, in respect of two or more initiated Orders to which you are a party.
3.11. Without limiting any other terms and conditions of Agreement, you are solely responsible for (a) the submission of Order and their performance on your side; and (b) for complying with all notification requirements and other reporting obligations relating to Orders under law applicable to you.
3.12. We could reject Order without execution, if:
3.13. We shall not be liable for any losses or expenses you may incur because of Order rejection.
3.14. As a separate type of Services, we offer also Staking Contracts detailed below.
3.15. Products are related to the NFTs developed, created and issued by us and offered to the public.
3.2. Our mission is to provide you with the leeway in the definition of NFT price when you purchase it from us, meaning that when we sell NFT to you, the price is defined by you and we accept such initial price (the “Initial Price”). When we purchase NFT from you, the price is not below the Initial Price.
3.3. You may purchase, sell NFTs by exchanging available crypto-assets at your Wallet. Purchased NFT will be added to your Wallet as soon as the crypto-asset from your Wallet account will be transferred to our crypto-assets wallet.
3.4. When the Order is initiated together with accepting the staking terms and conditions, the purchased NFT is not transferred to your Wallet, but immediately saved for staking.
3.5. For Order performance you must have enough balance of the relevant crypto-asset or NFT at your Wallet, free of any Encumbrances or other limitations, for covering the total value of the Order. When you initiate Order, you shall, first, transfer a complete volume of the crypto-asset or NFT to our crypto-assets wallet.
3.6. For each initiated Order, we perform the role of the seller or purchaser, not perform an agent function.
3.7. Order could be initiated within the minimum, maximum thresholds established by us or the applicable AML and CTF Requirements.
3.8. You understand that in the case of Order for the thresholding amounts set by AML and CTF Requirements or our internal policies with reference to AML and CTF Requirements, we reserve the right not to execute Order, until we receive some information, documents that satisfy us completely.
3.9. We make reasonable efforts to fulfill Orders, but cannot guarantee completion or timeliness due to unforeseen circumstances. We are not liable for any delays caused by a Force Majeure Event, technological issues, our own verification or authorization processes, other reasons.
3.10. We are entitled to calculate a net amount in respect of all amounts transferable on the same date in the same crypto-asset, in respect of two or more initiated Orders to which you are a party.
3.11. Without limiting any other terms and conditions of Agreement, you are solely responsible for (a) the submission of Order and their performance on your side; and (b) for complying with all notification requirements and other reporting obligations relating to Orders under law applicable to you.
3.12. We could reject Order without execution, if:
- you have no enough crypto-assets or NFT for its performance, or there is Encumbrance over such crypto-assets or NFT; or
- it contains errors on different parameters; or
- we are not capable to execute it on terms specified by you in Order or technical issues or other preventing circumstances occurred; or
- we believe that Order execution could result in a breach of any applicable law or if Order execution is prohibited by sanctions list, AML and CTF Requirements etc. or could result in a fraudulent transaction; or
- you fail to provide any information requested by us, where it is required by the Agreement, applicable law; or
- other reasons that could occur and create a condition for Order rejection.
3.13. We shall not be liable for any losses or expenses you may incur because of Order rejection.
3.14. As a separate type of Services, we offer also Staking Contracts detailed below.
3.15. Products are related to the NFTs developed, created and issued by us and offered to the public.
4. NFT Characteristics
4.1. We issue and propose various NFTs which individual characteristics (not equivalent characteristics) are detailed on the Website. Each NFT is a separate individual [serigraph or picture], which impacts the value and uniqueness of such NFT, and is not comparable and interchangeable.
4.2. We may create and issue NFTs from time to time, either as a stand-alone or with bundles. Issuances may be at different prices, including discounted sales.
4.3. Each NFT is unique and not fungible with other crypto-assets, has genuine uniqueness and has no comparable and interchangeable attributes. The uniqueness is not related to the specific technical identifiers or standards, NFT is unique by nature.
4.4. As an additional factor of the uniqueness of each NFT is the fact that you are individually define the purchase price of the chosen NFT.
4.5. Each NFT is not connected to any physical assets. The value of NFT is not compared to an existing market or equivalent asset.
4.6. Each NFT has characteristics and/or the rights it provides, which distinguishes it from the other NFTs issued by us or any other issuer. Value of each NFT is intrinsically connected to its individual attributes.
4.7. If you buy different NFTs proposed by us and form a collection of NFTs, the elements of such collection are not interchangeable.
4.8. NFTs are not hybrid.
4.9. NFTs do NOT provide the promise of profits or monetary claims to its holder. It is not related to Staking Contract, being a separate type of our Services.
4.10. An NFT does NOT qualify as a security under applicable legal frameworks, as it does not confer rights to dividends, interest, ownership, equity participation, or any equivalent financial or governance rights. Furthermore, it does not entitle the holder to future revenue shares or any form of participation in the Company or its assets.
4.11. NFT is NOT a public offering of equity or debt.
4.12. NFT is NOT an investment advice, a security nor an investment product and any action, notice, communication, message, decision, managerial act, or omission of the mentioned shall not be understood and interpreted as such.
4.13. NFT does NOT have the legal qualification as a financial instrument, since it is not intended for investment purposes and does not represent a claim on any financial asset.
4.14. NFT does NOT have the legal qualification as an e-money, since it is not interned for the purpose of making payments and transferring electronically.
4.15. NFTs holders have neither influence or rights in the development or governance of the Company, its Affiliates, or third parties. It does not represent any form of ownership or equity in the Company, its Affiliates, and should not be construed as an investment opportunity.
4.16. NFT does NOT have the legal qualification as an instrument of collective investment, since it does not entitle the holder to participate in any pooled investment scheme or collective investment vehicle, does not provide the token holder with any ownership rights, voting rights, or profit-sharing rights in any collective investment vehicle.
4.17. We give no warranties that NFTs will be exchangeable on specific platforms or that they shall remain exchangeable on exchange platforms or that they would be exchangeable on other exchanges.
4.18. Each NFT is unique and possesses distinct attributes that may grant access to specific communities or content. These attributes are randomly assigned and are exclusively available to the respective NFT holder.
4.19. Access to a specific community does not influence the company’s decisions and does not constitute ownership or equity in the company. Instead, it primarily provides the holder with the opportunity to participate in conversations and discussions with other holders of NFTs.
4.20. Access to content may vary depending on the NFT held, granting holders different levels of access to information related to recent news, projects, or other relevant materials.
4.21. The unique features of each NFT contribute to its non-fungibility and therefore no two tokens are identical in terms of utility or value.
4.2. We may create and issue NFTs from time to time, either as a stand-alone or with bundles. Issuances may be at different prices, including discounted sales.
4.3. Each NFT is unique and not fungible with other crypto-assets, has genuine uniqueness and has no comparable and interchangeable attributes. The uniqueness is not related to the specific technical identifiers or standards, NFT is unique by nature.
4.4. As an additional factor of the uniqueness of each NFT is the fact that you are individually define the purchase price of the chosen NFT.
4.5. Each NFT is not connected to any physical assets. The value of NFT is not compared to an existing market or equivalent asset.
4.6. Each NFT has characteristics and/or the rights it provides, which distinguishes it from the other NFTs issued by us or any other issuer. Value of each NFT is intrinsically connected to its individual attributes.
4.7. If you buy different NFTs proposed by us and form a collection of NFTs, the elements of such collection are not interchangeable.
4.8. NFTs are not hybrid.
4.9. NFTs do NOT provide the promise of profits or monetary claims to its holder. It is not related to Staking Contract, being a separate type of our Services.
4.10. An NFT does NOT qualify as a security under applicable legal frameworks, as it does not confer rights to dividends, interest, ownership, equity participation, or any equivalent financial or governance rights. Furthermore, it does not entitle the holder to future revenue shares or any form of participation in the Company or its assets.
4.11. NFT is NOT a public offering of equity or debt.
4.12. NFT is NOT an investment advice, a security nor an investment product and any action, notice, communication, message, decision, managerial act, or omission of the mentioned shall not be understood and interpreted as such.
4.13. NFT does NOT have the legal qualification as a financial instrument, since it is not intended for investment purposes and does not represent a claim on any financial asset.
4.14. NFT does NOT have the legal qualification as an e-money, since it is not interned for the purpose of making payments and transferring electronically.
4.15. NFTs holders have neither influence or rights in the development or governance of the Company, its Affiliates, or third parties. It does not represent any form of ownership or equity in the Company, its Affiliates, and should not be construed as an investment opportunity.
4.16. NFT does NOT have the legal qualification as an instrument of collective investment, since it does not entitle the holder to participate in any pooled investment scheme or collective investment vehicle, does not provide the token holder with any ownership rights, voting rights, or profit-sharing rights in any collective investment vehicle.
4.17. We give no warranties that NFTs will be exchangeable on specific platforms or that they shall remain exchangeable on exchange platforms or that they would be exchangeable on other exchanges.
4.18. Each NFT is unique and possesses distinct attributes that may grant access to specific communities or content. These attributes are randomly assigned and are exclusively available to the respective NFT holder.
4.19. Access to a specific community does not influence the company’s decisions and does not constitute ownership or equity in the company. Instead, it primarily provides the holder with the opportunity to participate in conversations and discussions with other holders of NFTs.
4.20. Access to content may vary depending on the NFT held, granting holders different levels of access to information related to recent news, projects, or other relevant materials.
4.21. The unique features of each NFT contribute to its non-fungibility and therefore no two tokens are identical in terms of utility or value.
5. Staking contracts
5.1. You acknowledge that we could offer Staking Contracts in the Customer Cabinet, which exact terms and conditions are available in the Customer Cabinet. If you accept such Staking Contracts, you accept and agree that we may freeze, block your NFT(s), and take other actions to ensure Staking Contracts' execution and performance.
5.2. Staking Contracts are proposed by us only, not third parties.
5.3. We offer Staking Contracts for NFTs which we issue, and you can select your preferred staking conditions in the Customer Cabinet, depending on NFT. If you accept the relevant staking conditions, you permit us and grant us the right to manage your NFT for staking purposes in accordance with applicable laws and our internal procedures and processes. We agree to follow the staking terms and conditions that we offered and that you accepted. If you accept the proposed staking terms and conditions, you agree that your NFT may be frozen for the fixed term and that you will be unable to freely move or exchange it.
5.2. Staking Contracts are proposed by us only, not third parties.
5.3. We offer Staking Contracts for NFTs which we issue, and you can select your preferred staking conditions in the Customer Cabinet, depending on NFT. If you accept the relevant staking conditions, you permit us and grant us the right to manage your NFT for staking purposes in accordance with applicable laws and our internal procedures and processes. We agree to follow the staking terms and conditions that we offered and that you accepted. If you accept the proposed staking terms and conditions, you agree that your NFT may be frozen for the fixed term and that you will be unable to freely move or exchange it.
6. Customer Cabinet
6.1. You will be solely and absolutely responsible for the safe storage, back-up and use of your password, other security credentials, and your email safety of access to your Customer Cabinet. For security purposes we implement minimum two-factor authentication.
6.2. In case of unauthorized access to your Customer Cabinet and/or any other security violation, you must immediately inform us. Furthermore, the user agrees to provide all evidence of such unauthorized access upon request.
6.3. If you do not notify us of the case set forth in clause 6.2., under no circumstances are we liable for any damage exposed by you as a result of abuse of your login data by another person. That is, the loss of access to your Customer Cabinet is under the user's responsibility only.
6.4. Customer Cabinet may be unavailable at certain times. For the following circumstances, we may occasionally shut down Customer Cabinet, as well as disrupt any automatic functions: (a) planned system and software maintenance; (b) unscheduled emergency maintenance; (c) any other event that we consider requires suspension of Services.
6.2. In case of unauthorized access to your Customer Cabinet and/or any other security violation, you must immediately inform us. Furthermore, the user agrees to provide all evidence of such unauthorized access upon request.
6.3. If you do not notify us of the case set forth in clause 6.2., under no circumstances are we liable for any damage exposed by you as a result of abuse of your login data by another person. That is, the loss of access to your Customer Cabinet is under the user's responsibility only.
6.4. Customer Cabinet may be unavailable at certain times. For the following circumstances, we may occasionally shut down Customer Cabinet, as well as disrupt any automatic functions: (a) planned system and software maintenance; (b) unscheduled emergency maintenance; (c) any other event that we consider requires suspension of Services.
7. Records
7.1. All records of NFT transactions, Orders, Staking Contracts, and their performance in relation to Products and Services are for your knowledge only. If there is a conflict between the information available on the Website and the information in our records, the information in our records shall prevail unless there is a manifest error.
7.2. Check the records in the Customer Cabinet for mistakes. You shall notify us of any incorrect or unlawful Orders, Staking Contract execution, or performance as soon as practicable. If you do not disclose it to us within three days of the date of Orders, Staking Contract execution, or performance, we may assume it is correct.
7.3. You acknowledge and agree that in case of any dispute arising in connection with Agreement, our records relating to your use of the Products, Services shall form evidence.
7.2. Check the records in the Customer Cabinet for mistakes. You shall notify us of any incorrect or unlawful Orders, Staking Contract execution, or performance as soon as practicable. If you do not disclose it to us within three days of the date of Orders, Staking Contract execution, or performance, we may assume it is correct.
7.3. You acknowledge and agree that in case of any dispute arising in connection with Agreement, our records relating to your use of the Products, Services shall form evidence.
8. Rights and Obligations
8.1. The Parties must not:
8.2. You and your Authorized Persons are responsible for keeping your log-in/password/access credentials etc. confidential.
8.3. You shall inform us immediately if an Authorized Person occurs to be a Proscribed Person.
8.4. We are entitled to block, put on hold (meaning to limit your right of withdrawal, transfer, exchange etc.) your NFTs, crypto-assets, in the following cases:
8.5. If technical issues or other conditions make it impossible or difficult for you to initiate Order, or use your Customer Cabinet, we may take any measure necessary to protect our system's integrity, which could include:
8.6. You authorize us to debit your Wallet account for Orders performance, and payment of actual indebtedness, costs in amounts equivalent to the amounts of actual indebtedness.
8.7. If you or we have transfer obligations in the same crypto-asset in respect of two or more Orders on any given day, we may choose to provide such crypto-asset on a net basis so that such obligations are immediately satisfied and discharged. If, in relation to the same crypto-asset, the aggregate amount transferable by one Party exceeds the aggregate amount transferable by other Party, such transfer and delivery obligations will be replaced by an obligation on Party which shall transfer the larger aggregate amount to transfer to other Party the excess of the larger aggregate amount over the smaller aggregate amount.
8.8. We may set off any amount we owe you against any amount you owe us.
- Provide incorrect, incomplete, or misleading information;
- Use Products and Services for illegal, unlawful, or immoral activities;
- Upload content, data with viruses or malicious codes;
- Take actions that impose an unreasonable burden on Website infrastructure or interfere with data or information.
8.2. You and your Authorized Persons are responsible for keeping your log-in/password/access credentials etc. confidential.
8.3. You shall inform us immediately if an Authorized Person occurs to be a Proscribed Person.
8.4. We are entitled to block, put on hold (meaning to limit your right of withdrawal, transfer, exchange etc.) your NFTs, crypto-assets, in the following cases:
- if it is needed for Order performance;
- If a technical error, glitch or another technical, fraudulent or another reason, any failure occurs when Order is performed;
- if Authorized Person occurs to be Proscribed Person;
- if there is an uncertainty regarding indebtedness (potential indebtedness) amount towards us, or there is a dispute between you and us regarding indebtedness amount or settlement of debts;
- if we are concerned about security of your Customer Cabinet;
- if we believe that a transaction is potentially suspicious or illegal;
- in accordance with the Terms and Conditions of Staking Policy;
- in other cases, provided by the applicable laws, internal policies, procedures, in particular, but not limited to, in cases defined in the AML and CTF Requirements.
8.5. If technical issues or other conditions make it impossible or difficult for you to initiate Order, or use your Customer Cabinet, we may take any measure necessary to protect our system's integrity, which could include:
- disabling or restricting access to Customer Cabinets;
- restricting access via Website;
- prohibiting the submission of Orders;
- any other action to be in the best interests of our system.
8.6. You authorize us to debit your Wallet account for Orders performance, and payment of actual indebtedness, costs in amounts equivalent to the amounts of actual indebtedness.
8.7. If you or we have transfer obligations in the same crypto-asset in respect of two or more Orders on any given day, we may choose to provide such crypto-asset on a net basis so that such obligations are immediately satisfied and discharged. If, in relation to the same crypto-asset, the aggregate amount transferable by one Party exceeds the aggregate amount transferable by other Party, such transfer and delivery obligations will be replaced by an obligation on Party which shall transfer the larger aggregate amount to transfer to other Party the excess of the larger aggregate amount over the smaller aggregate amount.
8.8. We may set off any amount we owe you against any amount you owe us.
9. Taxes
9.1. It is solely your responsibility to determine whether and to what extent any taxes apply to any transactions associated with Orders you initiate, Staking Contracts you accept, as well as to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Customer Cabinet provides access to your transactions history. We are not required to, and will not, decide if and to what extent taxes apply, or calculate, collect, report, or remit any taxes arising from any of your transactions to any tax authority.
9.2. We may be required to withhold payments from you and remit them to a government agency. If any relevant government agency requires us to deduct or withhold any payment owed to you at any time, you agree to immediately reimburse us for the amount of any such deduction or withholding. You will hold us harmless for any losses we experience or incur as a result of such deduction or withholding.
9.3. You must file or cause to be filed all required tax returns and reports on time, and you must pay or cause to be paid all applicable taxes. We are not responsible for any taxation agency or reporting duties associated with your filing or payment of taxes.
9.2. We may be required to withhold payments from you and remit them to a government agency. If any relevant government agency requires us to deduct or withhold any payment owed to you at any time, you agree to immediately reimburse us for the amount of any such deduction or withholding. You will hold us harmless for any losses we experience or incur as a result of such deduction or withholding.
9.3. You must file or cause to be filed all required tax returns and reports on time, and you must pay or cause to be paid all applicable taxes. We are not responsible for any taxation agency or reporting duties associated with your filing or payment of taxes.
10. Representations and warranties
10.1. By registering at our Website you represent and warrant the following:
10.2. You repeat the representations and warranties set out above every time you:
Initiate Order, enter into Staking Contract;
otherwise operate your Customer Cabinet or use our Products, Services.
- you are at least 18 years old if you are an individual;
- if you are a legal entity, you are duly incorporated and/or organized under the applicable law, all the proper corporate and other authorizations have been duly received;
- if you are a legal person, the person who enters into Agreement on your behalf is properly authorized to do so, as is any person who represents you in respect to any Order, Staking Contracts;
- you are the sole ultimate beneficial owner of your Wallet and are not acting on behalf of another individual, legal entity;
- you are not located in, under the control of, or a national or resident of any international sanctioned countries;
- any device used by you or any of your Authorized Persons, is not jailbroken;
- you have not concealed any information that could have caused us to refuse to enter into, perform Agreement with you;
- you are not a resident or tax resident of, and have no other relevant connection with, any jurisdiction where entering into or performing your obligations under these Terms or the delivery, holding, use, or Orders, Staking Contracts execution is unlawful or restricted in any way, or requires any kind of licensing, registration, or approval;
- the information and documents you provided are true, accurate, and up to date, and will remain true, accurate, and up to date throughout the term of Agreement;
- your obligations under the Agreement are valid, binding and enforceable and it will not be in breach of any applicable law, agreement, court decision etc., by entering into or complying with obligations or exercising rights under Agreement or any Order, Staking Contract;
- you, any Authorized Person, any person who controls you and any person for whom you act, as applicable, is not a Proscribed Person;
- you are capable of assuming, and do assume, all risks associated with Agreement and any Order, Staking Contract;
- you engage into Agreement and submit each Order, enter into Staking Contract as principal, not as an agent for another person, as trustee of any trust, or on behalf of, or for the benefit of, another person. Without limiting the generality of the preceding sentence, no Authorized Person has any interest in your Wallet or any Order, Staking Contract;
- in connection with Agreement or any Order, Staking Contract, you are not relying on any communication from us as advice (whether written or oral), and we are not an advisor to you;
- whenever you give or procure the delivery of crypto-asset, NFT to us in connection with Order, Staking Contract, you have the absolute right to sell, assign, convey, transfer, and transmit such crypto-asset, NFT, and you are deemed to confirm that it is fully paid and free of any Encumbrance;
- no action, suit, or proceeding at law or in equity is pending or, to your knowledge, threatened against you before any court, arbitrage, government agency, that is likely to affect the legality, validity, or enforceability of you or Agreement or your ability to perform your obligations under Agreement.
10.2. You repeat the representations and warranties set out above every time you:
Initiate Order, enter into Staking Contract;
otherwise operate your Customer Cabinet or use our Products, Services.
11. Acknowledgement of Disclaimers
11.1. You use our Products, Services at your own risk and subject, but not limited, to the disclaimers stated below and other terms and conditions of these Terms:
11.2. By using Website, Customer Cabinet, you hereby consent to our disclaimers contained in the Terms.
- The Company is not regulated by any financial authority, and does not provide financial, tax, employment, legal, or investment advice. You agree that the Company is not your financial advisor or agent, nor will it be construed to be. You understand that any decisions you make are entirely at your own risk.
- You accept the risks that crypto-assets, non-fungible tokens may be vulnerable to forks or assaults on network security, which are beyond our control. This could damage the market or value of a crypto-asset, non-fungible token and lead to network closure. You agree that in the event of a fork, we may temporarily suspend all access to Products and Services.
- You acknowledge that crypto-assets, non-fungible tokens may face legal and regulatory risks. Regulations in various jurisdictions may alter the regime of crypto-assets, non-fungible tokens, and their impact is currently unknown.
- You recognize the significant risks involved with crypto-asset, non-fungible token.
- Neither we nor our relative third parties shall be held liable in that regard for any of your activities outcomes resulting from your use of the Products, Services.
- Crypto-asset, non-fungible token is not a legal tender, may not be backed by physical assets or guaranteed by a government, some of them may not circulate freely or widely, loss or stolen crypto-assets, non-fungible tokens generally will not be reversible, and you understand it all.
- You also understand that crypto-assets rely on various types of distributed ledger technology, some of which is open-source software built on experimental technology - blockchain, and you accept the risk of crypto-assets technical flaws, malicious person targeting, fraud or cyber-attack, changes in the consensus protocol or algorithms, and so on.
- You acknowledge and accept the risk of any Orders, Staking Contracts being unauthorized or given by an unauthorized person, the risk that any information sent by electronic means cannot be guaranteed to be secure or free from virus or delay.
- You acknowledge and agree that (a) our representations and warranties contained in the Terms are the sole and exclusive our representations and warranties in connection with the Products, Services contemplated by these Terms, (b) all representations and warranties, express or implied, of any nature whatsoever, other than those specifically set forth in these Terms are specifically disclaimed, and (c) any data, information or any other materials or information provided or addressed to you or your representatives are not and shall not be deemed to be or to include representations or warranties.
- Products, Services, data, tools on Website, Customer Cabinet are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to Products, Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that Products, Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or Products, Services operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
- We make a decision ourselves when to update information on Website. To the maximum extent permitted by the law, we provide no expressed or implied warranties of accuracy, compatibility, reliability, wholeness, integrity, and the usefulness of our Website. Any reliance you place on such information is therefore strictly at your own risk.
- While we make reasonable efforts to ensure that Website is secure and free of errors, viruses, and other malware, we do not warrant or guarantee it. Users are responsible for their own security, including the security of their personal information and computers, as well as any other potential or obvious threats. You agree to alert us immediately of any unauthorized access to your Customer Cabinet or other breach of security.
- You acknowledge and agree that the relationship between you and us described in the Agreement or related to it does not constitute any fiduciary, trustee, or analogous duties on our side in your favor, and that there are no duties that would obligate us to take on additional responsibilities beyond those specified in the Agreement. This agreement does not establish a partnership, joint venture, adviser, agency, trustee, or other similar relationship between you and us.
- On our Website we include or may include the references or links to the third parties’ websites. These references or links are or may be declared, published and exposed/displayed on our Website solely for general information and your reference purpose. We, thus, do not control outbound websites, nor take responsibility for their content. We are not responsible for any hyperlinked Internet sites through Website, and are not responsible for any losses incurred in connection with those sites.
- You understand that, if a transaction is made in any crypto-asset issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, some restrictions, deductions could be imposed by governmental authorities related to exchange controls, moratoriums or other actions imposed. Given this, before Orders submission you should satisfy yourself about any relevant rules or laws.
- To the maximum extent permitted by applicable law, in no event shall we or third parties engaged by us be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use Products, Services, third-party software used with Products, Services, or otherwise in connection with any provision of Agreement), even if we or any third parties engaged by us has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
- All rights that are not expressly granted under Agreement are reserved. Thus, you are prohibited from using Products, Services in any manner that is not expressly and unambiguously authorized by the Terms.
11.2. By using Website, Customer Cabinet, you hereby consent to our disclaimers contained in the Terms.
12. Intellectual Property
12.1. Subject to your compliance with the Terms, you are granted a limited, revocable, non-exclusive, royalty-free, and non-transferable license to access and use Website, Customer Cabinet during Agreement validity term for the purposes set out in, and in a manner consistent with Agreement.
12.2. You acknowledge and agree that the Company is the only owner of all rights, titles, and interests in the IP Rights (save to the extent controlled by third-party licensors, including third-party technology suppliers). You will not receive any rights in or to the IP Rights other than the limited rights granted to you by the Company. By using the Website, Customer Cabinet, you understand and accept that the content is protected by copyright, trademarks, and any other intellectual property rights.
12.3. Unless uploaded by users, all content on our Website is the property of and controlled or operated by the Company, whether registered or not. Such material includes, but is not limited to, text, pictures, logos, trademarks, graphics, designs, software, data compilations, audio, video, page layout, and any other form of information that can be stored in a computer or any other device and appears on or is part of this Website.
12.4. You must not:
12.2. You acknowledge and agree that the Company is the only owner of all rights, titles, and interests in the IP Rights (save to the extent controlled by third-party licensors, including third-party technology suppliers). You will not receive any rights in or to the IP Rights other than the limited rights granted to you by the Company. By using the Website, Customer Cabinet, you understand and accept that the content is protected by copyright, trademarks, and any other intellectual property rights.
12.3. Unless uploaded by users, all content on our Website is the property of and controlled or operated by the Company, whether registered or not. Such material includes, but is not limited to, text, pictures, logos, trademarks, graphics, designs, software, data compilations, audio, video, page layout, and any other form of information that can be stored in a computer or any other device and appears on or is part of this Website.
12.4. You must not:
- Alter, maintain, enhance or otherwise modify Website, Customer Cabinet;
- Disassemble, decompile, reverse-engineer, bug fix, correct, update, transfer, broadcast or create derivative works based on Website, Customer Cabinet; nor
- Otherwise take express action to discover any equivalent of Website, Customer Cabinet.
13. AML and CTF Requirements
13.1. We must comply with AML and CTF Requirements and take suitable measures to prevent money laundering and terrorism financing. You must furnish us with any information or documents that we reasonably request from time to time, related to Know Your Client, AML and CTF Requirements.
13.2. The Terms prohibit money laundering, terrorist financing, and other illicit actions, when using our Services, Products.
13.3. We are committed to meet AML and CTF Requirements, in accordance with the best international standards and laws.
13.4. We are not compelled to take any action, if we believe it will or may result in a violation of any AML or CTF Requirements. You must provide us with any information or documentation that we reasonably request from time to time in order to comply with any applicable AML and CTF obligations. You agree that any information we have on you may be disclosed to a financial monitoring authority, other governmental agency, or a court as required by law. You understand and accept that we may need to assess and verify initiated transactions to ensure that you or the recipient's/sender's name matches that of a sanctioned person.
13.5. You understand and agree that certain information acquired and decisions made are kept confidential under AML and CTF Requirements, and we are unable to reveal this information or decision to you.
13.6. We strictly adhere to the requirements of national and international sanctions. We do not provide Products or Services to persons from sanctioned countries, according to the most recent lists of the US Department of the Treasury's Office of Foreign Assets Control (OFAC), the United Nations (UN), the EU. The list of countries is subject to change.
13.7. If you avoid, refuse to submit or fail to submit satisfactorily the information, documents required by us with the reference to AML and CTF Requirements, other regulation or policies, at our request and within the specified time limits, we may, in accordance with internal policies and internal control procedures, refuse to execute Orders, Staking Contract and terminate the transactions or business relationship with you. In such case we shall not be responsible to you for the non-fulfilment of contractual obligations and for the damage caused in the course of performing the duties and actions specified in this clause. Immunity from legal proceedings shall also apply to our directors, other employees, designated representatives, representatives who report, in good faith, information about suspected money laundering or terrorist financing or suspicious money.
13.8. Users of Website, Customer Cabinet are strictly prohibited from engaging in the following actions, including those prohibited by other clauses of the Terms:
13.2. The Terms prohibit money laundering, terrorist financing, and other illicit actions, when using our Services, Products.
13.3. We are committed to meet AML and CTF Requirements, in accordance with the best international standards and laws.
13.4. We are not compelled to take any action, if we believe it will or may result in a violation of any AML or CTF Requirements. You must provide us with any information or documentation that we reasonably request from time to time in order to comply with any applicable AML and CTF obligations. You agree that any information we have on you may be disclosed to a financial monitoring authority, other governmental agency, or a court as required by law. You understand and accept that we may need to assess and verify initiated transactions to ensure that you or the recipient's/sender's name matches that of a sanctioned person.
13.5. You understand and agree that certain information acquired and decisions made are kept confidential under AML and CTF Requirements, and we are unable to reveal this information or decision to you.
13.6. We strictly adhere to the requirements of national and international sanctions. We do not provide Products or Services to persons from sanctioned countries, according to the most recent lists of the US Department of the Treasury's Office of Foreign Assets Control (OFAC), the United Nations (UN), the EU. The list of countries is subject to change.
13.7. If you avoid, refuse to submit or fail to submit satisfactorily the information, documents required by us with the reference to AML and CTF Requirements, other regulation or policies, at our request and within the specified time limits, we may, in accordance with internal policies and internal control procedures, refuse to execute Orders, Staking Contract and terminate the transactions or business relationship with you. In such case we shall not be responsible to you for the non-fulfilment of contractual obligations and for the damage caused in the course of performing the duties and actions specified in this clause. Immunity from legal proceedings shall also apply to our directors, other employees, designated representatives, representatives who report, in good faith, information about suspected money laundering or terrorist financing or suspicious money.
13.8. Users of Website, Customer Cabinet are strictly prohibited from engaging in the following actions, including those prohibited by other clauses of the Terms:
- Conducting actions that may harm other users of Website or Customer Cabinet;
- Making false representations when registering in Customer Cabinet or using the Website;
- Using inappropriate language or discriminating against other users, the Company’s workers, or representatives;
- Infringing on IP Rights;
- Illegally using email addresses, passwords, or other personal data;
- Any actions that may harm our reputation;
- Engage in illicit acts such as money laundering, drug trafficking, terrorism, fraud, or other illegal activity;
- Any business activity that does not align with our AML Policy and falls outside of our risk appetite;
- Taking acts that may infringe on the copyright, privacy, or property rights of other users or third parties on Website;
- Any actions that may disrupt the Website or Customer Cabinet, including security and safety features, or interfere with the delivery of our Products and Services;
- Conduct that is hurtful, illegal, abusive, or violates the Agreement and applicable laws.
14. Liability, Indemnification
14.1. You and we will not be held liable to you in respect of any losses arising out of Force Majeure Event.
14.2. We are liable for direct losses only and within the limit of the value of Products you purchased, revenues you received from Staking Contract, within preceding 12 months.
14.3. Nothing in the Terms shall or shall be construed to exclude or limit either Party’s liability for:
14.4. To the maximum extent permitted by law, we accept no liability to you in connection with Website, Customer Cabinet, Products, Services for any of the following, including but not limited to:
14.5. You agree to defend, hold harmless and hereby indemnify us, our personnel, designated representatives, from and against any loss, damage, cost, claim, proceeding, penalty, fine or expense, including legal fees, incurred by or suffered by us, which arises out of, or relates to, directly or indirectly:
14.2. We are liable for direct losses only and within the limit of the value of Products you purchased, revenues you received from Staking Contract, within preceding 12 months.
14.3. Nothing in the Terms shall or shall be construed to exclude or limit either Party’s liability for:
- fraud or fraudulent misrepresentation, or
- market manipulation, or
- any other liability that cannot be excluded or limited by the applicable law.
14.4. To the maximum extent permitted by law, we accept no liability to you in connection with Website, Customer Cabinet, Products, Services for any of the following, including but not limited to:
- Loss or corruption of any data, database or software;
- ANY SPECIAL, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE;
- Any business or commercial losses, such as loss of profits, income, revenue, anticipated savings, contracts, or commercial opportunities;
- Any errors in the content of our Website, Customer Cabinet, any delay, disruption, failure, non-availability, or suspension of work of our Website, Customer Cabinet;
- Any other losses or damage that may be incurred through using Website, Customer Cabinet, Products, Services rendered through Website, Customer Cabinet.
14.5. You agree to defend, hold harmless and hereby indemnify us, our personnel, designated representatives, from and against any loss, damage, cost, claim, proceeding, penalty, fine or expense, including legal fees, incurred by or suffered by us, which arises out of, or relates to, directly or indirectly:
- your use of Website, Customer Cabinet;
- your failure to fully and timely perform any of your obligations under Agreement, including non-performance of your obligations with respect to any usage of Products, Services;
- any of your representations or warranties made hereunder being, at any time, untrue or incorrect;
- any violation by you of any law, rule, regulation, or the rights of any third party.
15. Corporate Guarantee, Security
15.1. PLEASE NOTE THAT OUR OBLIGATIONS UNDER THESE TERMS AND STAKING CONTRACTS TOWARDS YOU ARE GUARANTEED, SECURED BY Stage Point Capital LLC with the registered office in the State of Delaware, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, 19808.
16. Electronic communication
16.1. When Orders are initiated by you, Staking Contract are executed by you, as well as for various communication, documents signing between the Parties, you and we agree to refer to and trust electronic signatures affixed via Website, Customer Cabinet, and other services proposed by us. Such electronic signatures shall have the equivalent legal effect, validity, admissibility and enforceability of a handwritten signature. You acknowledge and agree that you are satisfied with the documents which are electronically executed. You agree with the electronic communications between you and us. The Parties understand and accept the risks connected with the use of electronic signatures which do not meet the requirements for the qualified or advanced electronic signature, and recognize the documents signed with such signatures as legal, binding for them.
16.2. We and you agree that a simple e-signature mentioned in the clause above can be in form of pushing a button or order of other Products, Services, or sending a statement via email confirming the terms and conditions of data logically associated with such statement, or e-signature inserted via Website, Customer Cabinet, or other acceptable for us platforms allowing e-signatures insertion, all could be used by the signatory to sign.
16.3. You acknowledge that all Orders initiation, acceptance of Staking Contract, other communications given by you in electronic form are original documents in writing and when submitted through Website, in Customer Cabinet, they shall be treated as signed by you with your electronic signature as set forth in the Terms. You accept full responsibility for the security and authenticity of all Order initiated, acceptance of Staking Contracts, other communications sent by you and you are bound by them. We treat all your communications received through Website, Customer Cabinet are yours, and shall not verify that they are in fact yours. You understand that communications transmitted via Website, Customer Cabinet are transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected against unauthorized access, and you accept these risks.
16.4. You authorize us to deliver all communications, agreements, documents, notices, disclosures and confirmations to you via Website, Customer Cabinet, e-mail, through any other electronic means as we deem fit. It is your responsibility to ensure that the details of these communication methods are correct and they are operational and available for receipt of all communications and you shall notify us of any changes to the details of the communication methods as soon as practicable after the change is made.
16.5. Communications take effect from the time they are received or treated as received (whichever happens first) unless a later time is specified in the communication. Communications are treated as received:
16.2. We and you agree that a simple e-signature mentioned in the clause above can be in form of pushing a button or order of other Products, Services, or sending a statement via email confirming the terms and conditions of data logically associated with such statement, or e-signature inserted via Website, Customer Cabinet, or other acceptable for us platforms allowing e-signatures insertion, all could be used by the signatory to sign.
16.3. You acknowledge that all Orders initiation, acceptance of Staking Contract, other communications given by you in electronic form are original documents in writing and when submitted through Website, in Customer Cabinet, they shall be treated as signed by you with your electronic signature as set forth in the Terms. You accept full responsibility for the security and authenticity of all Order initiated, acceptance of Staking Contracts, other communications sent by you and you are bound by them. We treat all your communications received through Website, Customer Cabinet are yours, and shall not verify that they are in fact yours. You understand that communications transmitted via Website, Customer Cabinet are transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected against unauthorized access, and you accept these risks.
16.4. You authorize us to deliver all communications, agreements, documents, notices, disclosures and confirmations to you via Website, Customer Cabinet, e-mail, through any other electronic means as we deem fit. It is your responsibility to ensure that the details of these communication methods are correct and they are operational and available for receipt of all communications and you shall notify us of any changes to the details of the communication methods as soon as practicable after the change is made.
16.5. Communications take effect from the time they are received or treated as received (whichever happens first) unless a later time is specified in the communication. Communications are treated as received:
- if posted/sent on/via Website, Customer Cabinet – at the time of posting/sending;
- if sent by email or other electronic means - when we receive an automated message confirming delivery or 4 hours after the time sent unless we receive a delivery failure receipt.
17. Third Parties
17.1. We use or may use facilities of the other relevant third parties (our vendors, partners, contractors, agents etc.), in order to provide our Products, Services to you.
17.2. Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and accept no responsibility for, any third-party websites or services' content. You also acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content.
17.3. We spanly advise you to read terms and conditions and privacy policies of any third-party websites or services you visit.
17.2. Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and accept no responsibility for, any third-party websites or services' content. You also acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content.
17.3. We spanly advise you to read terms and conditions and privacy policies of any third-party websites or services you visit.
18. Termination
18.1. You are entitled to unilaterally terminate the relations with us in case of no your indebtedness towards us.
18.2. We may terminate or suspend your access to Products, Services immediately, without prior notice or liability, if you breach Agreement.
18.3. Upon termination, your right to use Products, Services will cease immediately.
18.4. All provisions of Agreement, which by their nature should survive termination shall survive termination, including, without limitation, clauses of intellectual property, disclaimers, liability, indemnity, confidentiality, contractual debiting, taxes.
18.5. We are entitled, at any time, without liability, to vary, suspend, terminate providing some Products, Services with an immediate effect, if:
18.2. We may terminate or suspend your access to Products, Services immediately, without prior notice or liability, if you breach Agreement.
18.3. Upon termination, your right to use Products, Services will cease immediately.
18.4. All provisions of Agreement, which by their nature should survive termination shall survive termination, including, without limitation, clauses of intellectual property, disclaimers, liability, indemnity, confidentiality, contractual debiting, taxes.
18.5. We are entitled, at any time, without liability, to vary, suspend, terminate providing some Products, Services with an immediate effect, if:
- we have reason to believe that you have not complied with the Agreement and such breach is material;
- we have reason to believe that a transaction is related to any illegal activities;
- any applicable law requires us to do so;
- some of our Products, Services characteristics have been altered;
- any legal proceedings or other procedure or step is taken against you as a result of: suspension of payments, a moratorium of any indebtedness, the appointment of an administrator of the debtor's property or other similar officer, or any analogous procedure or step is taken in any jurisdiction.
19. Final Provisions
19.1. The Receiving Party will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Disclosing Party. We are entitled to disclose the Confidential Information to our personnel, designated representatives, officers, owners, contractors, advisors, consultants, vendors, partners, auditors and other third parties (the “Engaged Entities”) only:
19.2. The disclosure of the Confidential Information is allowed without the consent if such disclosure is authorized under the law, legally binding judicial or governmental order/proceeding, provided, that the Receiving Party give the Disclosing Party prompt notice of such disclosure prior to disclosure, cooperate with the Disclosing Party in the event that the Disclosing Party elects to contest such disclosure or seek a protective order with respect thereto.
19.3. Personal data protection clauses are reflected in our Privacy Policy.
19.4. If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
19.5. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under the Terms shall not affect Party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
19.6. If a dispute between the Parties involving the subject of Agreement cannot be resolved through negotiation, the court will resolve the matter in accordance with the terms and conditions of Agreement and the law rules.
19.7. We may provide a referral program for our users from time to time, which is a type of affiliation in which you may suggest other users to use our Products, Services for proper incentive, profit as set forth at Website, that is paid as a reward every time they use your unique referral link. More information and facts about our referral program can be found on our Website.
19.8. Agreement constitutes the entire agreement between the Parties with regard to its subject matter.
19.9. Without prior notice or your approval, we may transfer, subcontract, or otherwise deal with your rights and obligations under Agreement. You may not assign, subcontract, or otherwise deal with your rights and obligations under Agreement.
19.10. Agreement does not create or confer any rights or benefits enforceable by any third party, save for assignees, permitted successors.
19.11. Should you have any questions about this Agreement, please contact us at: [email protected].
- if it is required for the Products, Services providing, fulfillment of internal procedures of either party related to such business relations, legal requirements, and
- in the scope based on a need-to-know basis, and
- if we procure that the Engaged Entities have an obligation and technical, other capability to protect the Confidential Information with the same or better care as / than the Company.
19.2. The disclosure of the Confidential Information is allowed without the consent if such disclosure is authorized under the law, legally binding judicial or governmental order/proceeding, provided, that the Receiving Party give the Disclosing Party prompt notice of such disclosure prior to disclosure, cooperate with the Disclosing Party in the event that the Disclosing Party elects to contest such disclosure or seek a protective order with respect thereto.
19.3. Personal data protection clauses are reflected in our Privacy Policy.
19.4. If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
19.5. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under the Terms shall not affect Party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
19.6. If a dispute between the Parties involving the subject of Agreement cannot be resolved through negotiation, the court will resolve the matter in accordance with the terms and conditions of Agreement and the law rules.
19.7. We may provide a referral program for our users from time to time, which is a type of affiliation in which you may suggest other users to use our Products, Services for proper incentive, profit as set forth at Website, that is paid as a reward every time they use your unique referral link. More information and facts about our referral program can be found on our Website.
19.8. Agreement constitutes the entire agreement between the Parties with regard to its subject matter.
19.9. Without prior notice or your approval, we may transfer, subcontract, or otherwise deal with your rights and obligations under Agreement. You may not assign, subcontract, or otherwise deal with your rights and obligations under Agreement.
19.10. Agreement does not create or confer any rights or benefits enforceable by any third party, save for assignees, permitted successors.
19.11. Should you have any questions about this Agreement, please contact us at: [email protected].
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