1. Introduction

Last updated: April 8, 2024

This document acts as an agreed upon terms of use ("Terms") between you ("User", "you") and Cryptokens or any other entity authorized by Cryptokens("us" or "we"). You accept these Terms when you access any of our website https://cryptokens.fi (including any and all mobile platforms and versions of the mobile application, and any and all subdomains, collectively, the "Website" or the "Application") and/or use our services or any other features, technologies or functionalities offered by us through the Website (collectively, the "Services"). 

These Terms shall enter into force at the time you first access the Website or use Services. If you disagree with any provision of these Terms, you shall cease using the Website or any Services immediately. You have read, understood and agree with these Terms and any provisions thereof. If you are using Services on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and acknowledge that such entity shall be responsible for any damage arising out of a breach of these Terms by you or any other employee or agent of such entity (in such event references to "you" in these Terms Refer jointly to you and such entity). You should read these Terms carefully before using the Website. By using the Website or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Website immediately.  We will provide notice of any amendment to these Terms by posting any revised document to the Website and updating the "Last updated" field above accordingly, or by any other method we deem appropriate. We are not obligated to provide notice by any other means. Any change to these Terms will be effective immediately upon such notice and apply to any ongoing or subsequent use of the Website and Services. 

2. Use of the Service

• 2.1 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website. We make no promise that the Website is appropriate or available for use in any location. If you choose to access the Website from any location, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply. 
• 2.2 The Website and the Services are offered and available to you only if (i) you are at least eighteen (18) years of age and you are legally entitled to use the internet and services like those provided by us, and (ii) your right to use Services have not had been previously suspended or revoked by us. You may neither use the Website or the Services if you are located in, or a citizen or resident (tax or otherwise) or any state, country or another jurisdiction where use of the Website or the Services would be illegal or prohibited or otherwise violate any applicable laws and regulations. You represent and warrant that you are not a citizen or resident (tax or otherwise) of any such jurisdiction and that you will not use neither the Website or the Services while located in any such jurisdiction ("Restricted Person"). You also may not use the Services If you are located in, or a citizen or resident (tax or otherwise) of, any other jurisdiction where we have determined, at our sole discretion, to prohibit use of the Website and/or the Services. We may implement controls to restrict access to the Website and/or the Services from any jurisdiction prohibited pursuant to these Terms. You agree to comply with these Terms even if our methods to prevent use of the Website and/or the Services are not effective or can be bypassed. We may at any time restrict fully or partially your access and/or use of the Website and/or the Services if you are a Restricted Person. 
• 2.3 As a condition of your use of the Website and the Services, you agree to comply with our acceptable use policy and warrant and represent that: 
  • 2.3.1 you will not misuse or attack our Website or Services by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); 
  • 2.3.2 you will not attempt to gain unauthorized access to our Website or Services, the server on which ourWebsite is stored or any server, computer or database connected to ourWebsite; 
  • 2.3.3 you will not use the Website or the Services for any criminal, illegal, or otherwise prohibited use, including, without limitations, activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion; 
  • 2.3.4 you have sufficient understanding of cryptocurrencies, their storage mechanisms (such as digital wallets), and blockchain technology; 
  • 2.3.5 you have: (i) the necessary technical expertise and ability to review and evaluate the security, integrity and operation you wish to proceed and (ii) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the related merits and risks; 
  • 2.3.6 you are not Restricted Person and you are not acting on behalf of any unrevealed third party, including Restricted Person;
  • 2.3.7 you hereby confirm and agree that Company will have no responsibility or liability for, such risks; and  2.3.8 you hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. 
• 2.4 We may prevent or suspend your access to the Website and/or to the Services or any portions thereof at any time as we may deem reasonable, including, but not limited to, if you do not comply with these Terms or any applicable laws and/regulations. 

3. Our Services

• 3.1 Using the Website and/or the Services requires no account registration; however, we may from time to time implement additional security measures. Through our Website and Services, you can access a wide range of cryptocurrency-related information, including but not limited to utility tokens, digital coins, initial info offerings (excluding securities or securities-tokens), and other relevant virtual currency details.

  The Website and the Services serve as a free client-side interface, enabling direct interaction with various Third-Party Services. These services/products include token swaps and identification protection, among others, and extend beyond this functionality. Neither we owned nor otherwise control such Third-Party Services, their availability and/or operations. It shall be your sole responsibility to read and accept all the applicable terms and conditions and evaluate any and all risks available to you in connection with the use of these Third-Party Services and any use thereof is at your own risk. In no  3 event we shall not be responsible for any (i) errors, actions, omissions, misleading information, operations and for anything else related to Third-Party Services; (ii) damages incurred in connection with the use of Third-Party Services; (iii) transactions that were consummated by you or actions made by you with the use of Third-Party Services. All the links and embeddings of Third-Party Services are made by us for informational purposes only and we assume no liability whatsoever in connection with these Third-Party Services including in relation to accuracy and reliance of the information provided in relation to these Third-Party Services. Availability of any Third-Party Service and reference to thereof does not mean that we endorse that third party’s website, products or services. 

  We provide no custodial or facilitation services, our Website and Services are the interface application only and act as an aggregator and intermediary between the User and various Virtual Currency (“VCs”) exchanges across the globe that act as external third parties with respect to Cryptokens.Our Services are designated to assist buyers and sellers to exchange VCs by accessing External Websites via our Website and Services. 

  All monetary values specified within the Services encompass any and all types of fees, unless explicitly stated otherwise on the Website. Solely VCs shall be accepted as the exclusive mode of fee payment.The provision of Service to Users is conducted without any associated charges. Cryptokens does not collect any payments from Buyers; all fees are directed from Buyers to Sellers without intermediation. Consequently, we bear no responsibility for reimbursements, refunds, or any other financial liabilities toward Users. In the event of erroneous VCs transfers, Users are obligated to inform the pertinent VCs exchange or the rightful owner, as validated by the respective VCs exchange.

  All the operations with or in connections with Virtual Currencies are made solely by you and we assume no liability for any reason whatsoever related to such operations. Also we do not control market volatility of VCs. We merely acts as an intermediary for the Services offered, which are more fully set out herein.

• 3.2 We assume no liability or responsibility any permanent or temporary inability to access or use the Website and/or any Services, including your inability to interact with any Third-Party Services, their services provider, APIs, blockchains and any other resources and/or services available or cause available on the Website and/or during the Services.

4. User Data and Privacy

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at the Website, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. 

5. Third-Party Links and Content

• 5.1 The Website & Services may include hyperlinks to websites and content created by third parties. This third-party content is safeguarded by intellectual property laws and regulations. Cryptokens does not undertake verification of these websites and their content to ensure compliance with applicable legal provisions. Cryptokens bears no responsibility for the information or content presented on such third-party websites accessible to the User through the Website & Services, which encompasses any opinions or statements expressed on those websites.
• 5.2 Following the activation of a hyperlink on the Website leading to a third-party website, your association with Cryptokens ceases. We assume no liability for the accuracy of information available on third-party websites, your utilization of third-party services and content, the legality of such utilization, or the caliber of services and content featured on third-party websites.

6. Risk Disclosure

• 6.1. Reliance Disclaimer The content of the Services is intended to provide information concerning the Service Provider, our products, services, APIs, applications, cryptocurrency prices, token values, coin rankings, trade volume data, new ICOs, and other digital currency-related information. Please note that this information is of a general nature only and should not be relied upon for any purpose whatsoever by any individual or entity. It is strongly recommended that you conduct your own due diligence and seek professional advice before making any trades, investments, or swaps, as none of the content herein constitutes trading or investment advice or guarantees of any kind, including but not limited to profit or returns. For clarity, the Service Provider presents content and third-party products based on information and products, such as token swap features, obtained from third-party sources.
• 6.2. No Investment Advice Disclaimer None of the information, write-ups, listings, prices, events, ICO data, media, analysis, reports, or other content provided through the Services, marketing materials, promotional updates, API updates, support patches, messages, or emails constitutes any form of advice, including financial, trading, investment, insurance, or legal advice, for which a license may be required under applicable law.

• 6.3. Virtual Currency (VC) Transactions and Risks Once initiated by you, Virtual Currency (VC) transactions become irreversible once they are confirmed on the network and cannot be canceled, modified, or reversed by us.

  The values of VCs are highly volatile and subject to fluctuations, which may result in an increase or decrease in the value of the VC you receive after conversion. VCs are known to experience significant price swings and could even become worthless. There is an inherent risk of losses associated with buying, selling, or trading VCs. Additionally, the valuation and price of VCs may change after you initiate a transaction or during the transaction process, and you are hereby informed of this risk. We shall not be held responsible for such changes or fluctuations under any circumstances.

  VCs operate as an autonomous and largely unregulated global system for transferring value between private parties. They lack government backing or physical assets, making them susceptible to risks uncommon to traditional legal tenders.

  As VC is a digital currency managed by a peer-to-peer network, there is also the risk of a loss of confidence in VC trading. VC valuations rely on supply and demand dynamics. There may be unforeseen or unidentified risks not covered in these Terms of Use. Therefore, it is crucial to assess whether your financial situation and risk tolerance align with buying, selling, or trading VCs.

  During periods of high trading volume, market illiquidity, rapid price movements, or volatility in the cryptocurrency market, the actual execution rate of a market trade may differ from the rate indicated via the Services at the time of your transaction. Please understand that we do not assume responsibility for such rate fluctuations.

  The rates provided through the Services should not be construed as investment or financial advice and cannot be used as a basis for investment strategies, legal positions in court, or guaranteed to be free of errors, inaccuracies, misrepresentations, or failures, etc. Our Services operate on an 'execution-only' basis, meaning we will act on your instructions without providing advice on transactions or assisting in loss prevention. For comprehensive guidance, you should seek financial, legal, tax, and other professional advice.

  Taxes. You acknowledge full responsibility for complying with the prevailing tax laws in your place of residence regarding any transactions or operations, including but not limited to income tax. You are solely liable for determining, reporting, and remitting all applicable taxes to the relevant tax authority. We bear no responsibility for assessing the applicability of taxes to your transfers or for collecting, reporting, withholding, or remitting taxes resulting from your trades and transfers, and we do not act as your tax agent.

7. License and Termination

• 7.1 We hereby grant you a limited, non-exclusive, non-transferable, revocable at any time license ("License") to access and you use of our Website and Services, and any content thereof. This License is subject to these Terms. Any other use of the Services and the Website not expressly permitted by these Terms is prohibited. All other rights are expressly reserved by us and our affiliates, contractors, agents, representatives, suppliers and`` licensors, and any of their directors, officers, employees, agents or representatives (collectively, the "Affiliates"). All copyright, any other intellectual property rights and any other rights to all content, including user-generated content, and other materials published on the Website and provided by our Services, including, but not limited to, APIs, logos, designs, content, text, graphics, pictures, information, data, software, sound files, any other files, and the selections and arrangements thereof are our proprietary property, intellectual property or otherwise belongs to us and/or our licensors or suppliers and are protected by law, unless otherwise is expressly provided (collectively,the "Materials").
• 7.2 We may in its sole discretion at any time terminate, suspend (partly or in full) or otherwise limit your License, and the Website and/or the Services that may be provided to you, without prior notice or liability for any reason whatsoever, including, but not limited to, (a) in the case breach any provision of these Terms, (b) when we are required by law to do so, (c) you are using of the Website and/or the Services to scam other users or for any other unlawful purpose, (d) change in applicable to the Services or out business laws and regulations. In the case of License termination,suspension or another limitation, your access to the Website and the Services will be accordingly canceled or otherwise terminated or suspended. Nothing in these Terms or in any other communication or action by us or our Affiliates shall be taken as a waiver of any legal remedies available for any event causing termination. All provisions of these Terms which by their nature should survive termination, including (but not limited to) ownership provisions, disclaimers or limitations of obligations or liability, and indemnity.

8. Intellectual Property

Using the Website does not give you ownership of any intellectual property rights in the Website, any software, or the content you access. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.

9. Dispute Resolution

• 9.1 The laws of the Cayman Islands shall govern all issues arising under or relating to these Terms, without giving effect to the conflict of laws principles thereof. 
• 9.2 Should any dispute arising out of, or in connection with, these Terms, including any question regarding its existence, validity or termination, fail to be resolved amicably, such dispute may be referred by either party to and finally resolved through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. All disputes arising in connection with these Terms, or further agreements resulting therefrom, shall be settled and finally resolved by arbitration to be seated in the Cayman Islands and conducted in the English language by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the "Rules"). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The award or decision of the arbitrator shall be final and binding upon the parties and the parties to the arbitration expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator. The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary in accordance with applicable laws.

10. Disclaimer of Warranties and Guarantees. Limitation of Liability

• 10.1 We do not guarantee any level of performance or the continued, uninterrupted availability of the Services and the Website. We do not guarantee the accuracy of any information provided on the Website or during the Services. We hereby disclaim all warranties and representations that not expressly made in these Terms. You agree that neither we nor any of our Affiliates in no case will be responsible whatsoever for any damages caused by the interception, loss or alteration to any information sent over the Internet or through of any transaction. We make no representation and do not warrant the safety of the Website and the services, and are not liable for any damages, lost value or stolen property, regardless of whether we were negligent in providing appropriate security. 
• 10.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, (A) THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OR REPRESENTATIONS AS TO THE WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS OR WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT, AVAILABILITY, TIMELINESS, QUALITY, STABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE SERVICES OR RESULTS OBTAINED BY USING THE WEBSITE AND THE SERVICES, AND QUALITY OF THE WEBSITE AND THE SERVICES, (II) WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE AND THE SERVICES ARE RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE WEBSITE AND THE SERVICES WILL BE CORRECTED, AND (III) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE AND OUR AFFILIATES ASSUME NO LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE OR THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED BY A REASON OF ANY DEFECT OF SOFTWARE OR BY A REASON ON OUR PART OR OUR AFFILIATES, ERROR-FREE OR WILL BE AVAILABLE, ACCESSIBLE, FUNCTIONAL TWENTY FOUR HOURS A DAY OR WILL BE FUNCTIONAL AS IT DESIGNED. 
• 10.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL WE OR ANY OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE AND THE SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). 
• 10.4 THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS CLAUSE WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF US AND OUR AFFILIATES.

11. Compliance with Laws

• 11.1 By accessing and using Cryptokens’s services and the Website, you acknowledge and declare that you are not located in, or are not a citizen or resident of Cuba, Iran, North Korea, Crimea, Sudan, Syria, United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John, and St. Thomas)), Bangladesh, Bolivia, and any other country subject to United Nations Security Council Sanctions List and its equivalent. Cryptokens maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its services to certain countries. Cryptokens also maintains the right to use various methods to prevent the use of the Website and its services by the Users listed above. You are to comply with this Section, even if Cryptokens’s methods to prevent the use of its services and the Website are not effective or can be bypassed.
• 11.2. Users are required to comply with all applicable local, national, and international laws and regulations while using Cryptokens’s services.

12. Updates and Notifications  

• 12.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 12.
• 12.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website and/or the Services Following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
 

13. Contact Information

If You have any questions relating to these Terms of Use, Your rights and obligations arising from these Terms of Use and/or Your use of the Website and the Service, or any other matter, please contact us at [email protected].

14. Miscellaneous

• 14.1. Entire AgreementThese Terms constitute the whole agreement between the Parties and supersedes any previous arrangements or agreements between them relating to the transactions contemplated in these Terms.
• 14.2. Severance and Validity
  • 14.2.1 If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from these Terms and shall be replaced with one having an effect as close as possible to the deficient provision.
  • 14.2.2 The remaining provisions of these Terms will remain in full force.
• 14.3. Waiver Cryptokens's failure to enforce these Terms of Use in a timely manner shall not be construed as a waiver of Cryptokens's past or future obligations.
• 14.4. AssignmentYou may not assign or transfer any of your rights or obligations under these Terms of Use without prior written consent from Cryptokens, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.