TERMS OF USE

Welcome to [INSERT THE NAME OF PLATFORM] (hereinafter referred to as “Platform”, “We”, “Us”, “Our”). This Platform is hosted and operated by [INSERT THE NAME OF THE COMPANY], a Company having its registered office at[INSERT THE ADDRESS OF THE COMPANY](hereinafter referred to as the “Company”).

We are an online platform providing selling, buying and storing of digital assets and other related services. Please read carefully these Terms of Use (the “Terms”) and our Privacy Policy, which may be found at [INSERT WHERE WILL PRIVACY POLICY BE FOUND ON PLATFORM], and which is incorporated by reference into these Terms.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform or our services. These terms govern your purchase of Tokens of the Company.

We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind. 

It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability and you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets or cryptocurrency based on the information provided by us, including any losses you incur arising from those decisions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

AS WITH ANY CRYPTOCURRENCY OR DIGITAL ASSET, THE VALUE OF CRYPTOCURRENCY OR DIGITAL ASSET CAN FLUCTUATE SIGNIFICANTLY AND THERE IS A MATERIAL RISK OF ECONOMIC LOSS WHEN BUYING, SELLING, HOLDING OR INVESTING IN ANY SUCH CRYPTOCURRENCY OR DIGITAL ASSET. YOU SHOULD THEREFORE CONSIDER WHETHER TRADING OR HOLDING DIGITAL ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CIRCUMSTANCES.

YOU SHOULD READ OUR RISK WARNING CAREFULLY, HOWEVER IT DOES NOT EXPLAIN ALL OF THE RISKS THAT MAY ARISE, OR HOW SUCH RISKS RELATE TO YOUR PERSONAL CIRCUMSTANCES.

IT IS IMPORTANT THAT YOU FULLY UNDERSTAND THE RISKS INVOLVED BEFORE MAKING A DECISION TO USE OUR SERVICES. PLEASE VISIT [INSERT WHERE THE RISKS ARE MENTIONED ON PLATFORM] TO READ THE RISKS THAT MAY ARISE FROM CRYPTOCURRENCY OR DIGITAL ASSET.

We are not a broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any Transactions or other activities you undertake when using our Services.

1. DEFINITIONS
   1. “Account” means the accounts created by the users on our Platform to access the services.
   2. “Content” means text, graphics, images, music, audio, video, information or other materials.
   3. “Fork” means any planned, unplanned, sudden, scheduled, expected, unexpected, publicised, not well-known, consensual, and/or controversial changes to the underlying operating rules of certain Digital Assets that may occur from time to time, in such a way as to result in the creation of one or more related versions of an existing Digital Asset.
   4. “Forked Digital Asset” means a Digital Asset that results from a Fork.
   5. “Terms”. By registering to open an Account under this Platform, you are entering into a legally binding agreement with us. These Terms will govern your use of the Services and tell you who we are, how we will provide the Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information.
   6. “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our Platform.
2. ELIGIBILITY
   1. Use of our services is available only to persons, corporation, legal person, entity or other organization who can form legally binding contracts under applicable law and who are of the age of majority that is 18 years and are of sound mind;
   2. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
   3. We reserve the right to terminate your account and refuse to provide you with access to the Platform and the services therein and immediately suspend your digital assets wallet without furnishing you refunds of the funds in your wallet, if we discover that you are under the age of 18 years. We may amend our eligibility criteria at any time at our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance.
3. REGISTRATION
   1. To transact at our Platform, you are required to create an account on our Platform. You need to provide us with name, email, address, postal code and password. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
   2. One user can own only one account in his/her name.
   3. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our Platform’s policies as stated in the Agreement and the Platform policy documents published on the Platform as well as all other operating rules, policies and procedures that may be published from time to time on the Platform by Company
   4. Identity Verification. You will need to comply with our identity verification procedures before you are permitted to open an Account and access and use the Services, by providing us with certain information about yourself. All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes.  You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, and that of any Permitted Users, or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, and that of any Permitted Users, or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries.
   5. When we carry out inquiries, you acknowledge and understand that your personal data, and that of any Permitted Users, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full.
4. SCOPE OF SERVICES
   1. We offer the following Services:
      1. Wallet Services: We provide access to hosted Digital Asset wallet(s) which allows you to store, track, transfer, and manage your balances of digital assets. We store Supported Digital Assets private keys, which are used to process transactions, using industry standard security procedures and controls in a combination of online and offline storage. Based on our use of our security controls, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate certain transactions in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such transactions.
5. PROHIBITED USE OF THE PLATFORM
   1. You may not use the Platform for any of the following purposes:
      1. Use the Platform or Services in a manner that violates public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prevent other users from using our Services;
      2. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
      3. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
      4. Interfering with any other person's use or enjoyment of the Platform;
      5. Breaching any applicable laws;
      6. Interfering or disrupting networks or websites connected to the Platform.
      7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
      8. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
      9. Hacking and cracking materials which includes manuals, how-to guides, informatio0n, or equipment enabling illegal access to software, servers or other protected property
      10. You should not use the Services for anything which, in our sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by Applicable Law.
      11. Any other product or service which is not in compliance with all the applicable laws and regulations whether federal, state, local or international including the laws of [INSERT THE STATE/COUNTRY WHOSE LAWS WILL APPLY].
      12. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Platform, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Platform, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Platform, services
6. TRANSACTIONS
   1. We may from time to time support Digital Assets that purport to be backed by or otherwise tied or pegged in value to another asset, including Digital Assets, Fiat Currency or commodities such as silver or gold (“Backed Digital Assets”). You agree that you have read, understood and accepted all of the terms and conditions and risks associated with each particular Backed Digital Asset before entering into any Transaction relating to that Backed Digital Asset. We have no obligation to purchase, repurchase or effect or facilitate the redemption of your Backed Digital Assets. We reserve the right to change, suspend, or discontinue any service in relation to any Backed Digital Asset. We make no representation as to whether any particular Backed Digital Asset will hold its value as against any asset, nor as to the amount or quality of reserves or collateral held by each issuer or any third party in relation to any Backed Digital Asset.
7. LIMITATION OF LIABILITY
   1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.
   2. We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses.
   3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
8. FORCE MAJEURE
   1. Our services are offered only on the digital domain, which is subject to risks including offensive attacks. We shall not be liable for any loss, harm or damage caused to the User’s account or the monies or digital assets accrued therein if the same arises due to Force Majeure including commissions or omissions by third parties, forces of nature, offensive attacks on our servers or on the personal devices of the users or any loss caused by conditions or events beyond our reasonable control.
   2. Offensive attacks including virus attack, hacking, denial of service attack or theft of the personal devices of the User resulting in loss or damage of the account. The validity and enforceability of any remaining provisions shall not be affected by any such condition.
   3. We shall not be liable for any harm, loss or damage caused to User due to a data breach of confidential information of the User, including of the User account details or User password, including when such breach has occurred due to the User sharing the details with third parties or the User’s failure to follow due diligence. We shall also not be responsible for disclosure by User of account details including by falling prey by way of a phishing attack.
   4. “Force Majeure” shall mean and include any cause arising from or attributable to acts, or events, beyond our reasonable control, including natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of a Government or regulatory authority.
9. INDEMNITY
   1. User shall indemnify the Company, its representatives, Affiliates and their respective directors, officers, shareholders, representatives and assigns (the “Indemnified Parties”) and hold harmless the Indemnified Parties against and in respect of any and all claims, losses, damages, expenses, costs or other liabilities (including attorney’s fees) incurred or suffered by the Indemnified Parties in any manner from or due to any failure or default by the User, to duly perform its obligations under this Agreement and the terms contained herein or due to any material breach by User of the User Guidelines or due to any misrepresentation under this Agreement or in compliance of its terms.
   2. We shall indemnify User and hold harmless against and in respect of claims, losses, damages, expenses, costs or other liabilities (including attorney’s fees) incurred or suffered by the User solely due to any proven willful and malicious act or default by us. This indemnity is subject to the representations and warranties set out herein above i.e., we shall not be liable for any claim, action, loss, damage, expenses, costs or other liabilities including attorney’s fees arising out of risks or consequences set out in the representations and warranties herein or for actions initiated by us against User for suspension, cancellation or termination of the account for any reason. Liability of the Company in any event shall be limited to the amounts actually received from the User as consideration. User shall be required to submit proof thereof for substantiating the claim.
   3. These provisions shall survive the expiration or termination of this Agreement.
10. TERMINATION:
    1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the Platform (or any portion of the Platform). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Platform affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Platform and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
    2. Without limiting the foregoing, we may close, suspend or limit your access to our Platform:
       1. if we determine that you have breached, or are acting in breach of, this Agreement;
       2. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
       3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
       4. to manage any risk of loss to us, a User, or any other person; or
    3. For other similar reasons.
    4. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
11. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
    1. This User Agreement shall be construed in accord with the applicable laws of [INSERT THE STATE/COUNTRY WHOSE LAWS WILL APPLY] regardless of your physical location.
    2. The Courts at [INSERT THE PLACE WHICH WILL HAVE EXCLUSIVE JURISDICTION IN CASE OF DISPUTES] have exclusive jurisdiction in any proceedings arising out of this agreement.
    3. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    4. The seat for arbitration shall be [INSERT THE PLACE WHICH WILL BE THE SEAT OF ARBITRATION].
    5. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
12. NO WAIVER IMPLIED:
    1. The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
13. SEVERABILITY
    1. Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
14. ASSIGNMENT:
    1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
    2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
15. NOTICES
    1. Any notices must be given by postal mail to us at the below mentioned address [INSERT THE ADDRESS OF THE COMPANY].
    2. In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
16. DIGITAL SIGNATURE:
    1. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
       1. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform, you give us permission to provide these records to you electronically instead of in paper form.
    2. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Platform or by contacting Customer Support.
17. ENTIRE AGREEMENT
    1. These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
18. CONTACT US:
    1. For any further clarification of our Terms and Conditions, please write to us at [INSERT THE EMAIL ADDRESS OF THE COMPANY].