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The Terms of Service govern your rights and responsibilities when you use the Platform. By agreeing to these terms, you hereby certify that you are at least 18 years of age.
We reserve the right to change or modify these Terms of Service at any time and at our sole discretion. If we make changes to these Terms of Service, we will provide notice of such changes, such as by sending an email notification, providing notice through the Platform or updating the date at the beginning of this document. By continuing to access or use the Platform, you confirm your acceptance of the revised Terms of Service and all of the terms incorporated therein. If you do not agree to these Terms of Service, you must not access or use the Platform and the Services.
1) General provisions
a) By using the Platform, you agree to the following:
i) to maintain the security of your wallet and accept all risks of unauthorised access to it;
iii) to represent and warrant that in the jurisdiction to which you are a citizen of, domiciled in, or resident of, you are of legal age to use the Platform and/or the Services and to create binding legal and financial obligations for any liability you may incur as a result of the use of the Platform and/or the Services; and
iv) to represent and warrant that you are not a Disqualified Person/Entity (as defined in Annex 1) or acting on behalf of a Disqualified Person/Entity.
b) We reserve the right to refuse service if your wallet address is on the sanctions list of the Office of Foreign Assets Control.
c) We may require you to provide additional information and documents at the request of any competent authority, including but not limited to cases related to anti-laundering (legalisation) of incomes obtained by criminal means or for counteracting the financing of terrorism. In such cases, we may suspend your usage of the Platform and the Services.
d) We may use or provide your transaction details as we believe necessary or appropriate to comply with applicable laws (including anti-money laundering laws), lawful requests and legal processes, including but not limited to respond to subpoenas or requests from government authorities.
e) We may invite decentralized auditing committees to reveal particular transactions to any competent authorities to protect investigate, and deter against fraudulent, unauthorized, or illegal activities.
f) We may use or provide any transaction details to any competent authorities to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
g) We may disallow your wallet address from using the Platform and any of the Services to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
h) It is at your sole discretion to provide all equipment and software necessary to connect to the Platform and the Services, as well as any fees, including internet connection or mobile fees, which you incur when accessing the Platform or the Services.
a) Unless otherwise indicated in writing by us, content and other materials contained on the Platform and all other platforms (including, without limitation, social media platforms), including, without limitation, the Mystiko.Network logo and pages design, texts, graphics, pictures, information, data, software, sound files, promotional or other files and the selection and arrangement thereof (collectively, “Content”) and the Platform as a whole are our property.
b) The Mystiko.Network logo and any service names, logos or slogans that may appear on the Platform and all other platforms (including, without limitation, social media platforms) are the exclusive property of us or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform. You may not use any metatags or other “hidden text” utilising “Mystiko.Network”, or any other name, trademark, product or service name of Mystiko.Network or our affiliates without our prior written permission. In addition, the “look and feel” of the Platform, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Mystiko.Network and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
3) Interactions with the Platform
a) You are responsible for all activities that occur under your wallet, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or other end users), and we and our affiliates are not responsible for unauthorized access to your account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated by third parties.
b) You are solely responsible for properly configuring and using the Platform and otherwise taking appropriate action to secure, protect and backup your accounts and/or your content in a manner that will provide appropriate security and protection, which might include use of encryption. This includes your obligation under this Terms of Service to record and securely maintain any passwords or backup security phrases that relate to your use of the Platform. You acknowledge that you will not share with us nor any other third party any password or backup/seed phrase that relates to your use of the Platform, and that we will not be held responsible if you do share any such phrase or password.
c) You are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. Under no circumstances should you share your wallet credentials or seed phrase with anyone. We assume no responsibility for, or liability to you, in connection with your use of a wallet. Additionally, you are solely responsible for any associated wallet and we cannot be held liable for any acts or omissions on your part in connection with, or as a result of, your wallet being compromised.
d) Access to the Platform is intended for and extended only to, and the Services are intended for and extended only to, a person or body corporate who is not a Disqualified Person/Entity. Accordingly, you are not eligible to access the Platform or use the Services if you are a Disqualified Person/Entity. If you are a Disqualified Person/Entity, or if you are acting on behalf of a Disqualified Person/Entity, you should exit the Platform and cease usage of all the Services immediately.
4) License to access and use the Platform
a) You are hereby granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Platform and the content therein. However, such license is subject to these Terms of Service and does not include any right to the following:
i) sell, resell or use the Platform commercially as a whole, parts of it or the content therein;
ii) distribute, publicly perform or publicly display any content located on the Platform;
iii) modify or otherwise make any derivative uses of the Platform as a whole, parts of it or the content therein;
iv) use any data mining, robots or similar data gathering or extraction methods;
v) download (other than page caching) any portion of the Platform as a whole, parts of it or the content therein, except as expressly permitted by us; and
vi) use the Platform other than for its intended purposes.
5) Third-Party content and interactions
The Platform may contain links to third-party websites and applications. When you click on a link to a third-party website and application, we will not warn you that you have left our Platform and are subject to the respective website’s terms and conditions, including privacy policies. Such third-party websites and applications are not under the control of the Platform and, as such, shall not be held responsible for any damages or losses incurred by their use. We provide links to these third-party websites and applications only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to them, their products or services. You use all links to third-party websites and applications at your own risk.
6) User Conduct
a) You agree that you will not violate any law, contract, intellectual property or other third-party right and that you are solely responsible for your conduct while accessing or using the Platform. You agree that you will abide by these Terms of Service and will not:
i) use the Platform in any way that constitutes or can constitute a violation of granted rights or obligations by us or any third party;
ii) provide false or misleading information;
iii) use or attempt to use another user’s information without authorisation from such user;
iv) use the Platform in any manner that could interfere, disrupt, negatively affect or inhibit other users from using the Platform to its fullest degree, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
v) reverse engineer the Platform as a whole or any part or aspect of it, or otherwise take actions that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area or code of the Platform;
vi) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Platform that you are not authorised to access;
vii) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Platform, extract data or otherwise interfere with or modify the rendering of the Platforms pages or functionality;
viii) use data collected from the Platform to contact individuals, companies, or other persons or entities;
ix) use data collected from the Platform for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
x) bypass or ignore instructions that control automated access to the Platform;
xi) use the Platform for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms of Service.
xii) manipulate the price of any products or interfere with any other user’s transactions;
xiii) engage in any coercive, deceptive, and/or manipulative behaviour concerning a purchase, including using coercive, deceptive, and/or manipulative tactics;
xiv) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
xv) distribute viruses or any other technologies that may harm the Platform or the interests or property of users;
xvi) post any hateful content;
xvii) use the Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Platform;
xviii) hack or attempt to hack into any system or network;
xix) distribute or attempt to distribute malware, viruses or other harmful software; and
xx) engage in fraudulent activities, including but not limited to phishing and identity theft.
a) You understand and agree that the Platform and the content therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind. We make no warranty that the Platform:
i) will meet your requirements;
ii) will be available on an uninterrupted, timely, secure, or error-free basis; or
iii) will be accurate, reliable, complete, legal, or safe.
b) We disclaim all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the Platform, content contained therein. We do not represent or warrant that content on the Platform is accurate, complete, reliable, current or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Platform. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any security breach unless it is due to our gross negligence.
c) We will not be responsible or liable to you for any loss and take no responsibility for any use of digital assets, including but not limited to any losses, damages or claims arising from:
i) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
ii) server failure or data loss;
iii) corrupted wallet files;
iv) unauthorised access to applications; or
v) any unauthorised third-party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the Platform.
d) We will not be held responsible for sustained damages due to vulnerability or any kind of failure, abnormal software behaviour, blockchains or any other features of the digital assets. We will not be held responsible for damages due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting digital assets.
e) We and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the offerings or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (I) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the offerings or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
f) Our Platform rely on emerging technologies, such as Ethereum. Our Platform is subject to increased risk through your potential misuse of things including but not limited to as public/private key cryptography, or failing to properly update or run software to accommodate protocol upgrades. By using the Platform, you explicitly acknowledge and accept these heightened risks. You represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using the Platform.
g) You further understand and accept that digital tokens present market volatility risk, technical software risks, regulatory risks, and cybersecurity risks. You understand that the cost and speed of a blockchain-based system is variable, that cost may increase dramatically at any time, and that cost and speed is not within the capability of our Platform to control. You understand that protocol upgrades may inadvertently contain bugs or security vulnerabilities that may result in loss of functionality and ultimately funds.
Although we contributed to the initial code for the Platform, we do not provide, own, or control the Platform, which is run autonomously without any headcount by smart contracts deployed on blockchains such as Ethereum. Upgrades and modifications to the Platform are generally managed in a community-driven way by Mystiko decentralised autonomous organisation.
8) Assumption of Risk
a) You accept and acknowledge:
i) Fluctuations in the price of other digital assets could materially and adversely affect the digital assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of digital assets will not incur a loss of money.
ii) You are solely responsible for determining what, if any, taxes apply to your transactions. We will not be responsible for determining the taxes that apply to individual or collective digital assets transactions.
b) There are risks associated with using the Platform, including but not limited to the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience.
c) The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may adversely affect the development of the Platform and the utility of the digital assets.
9) Limitation of Liability
To the fullest extent permitted by law, in no event will we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from the use of the Platform, products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and even if we have been advised of the possibility of such damages. Access to and use of the Platform, products or third-party sites is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
10) Modifications to the Platform
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Platform or any features or parts thereof at any time and without liability or prior notification or consent from you.
11) Dispute Resolution
You agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You agree that any dispute or claim relating in any way to your access or use of the Platform, to any products sold or distributed through the Platform, or to any aspect of your relationship with us will be resolved by binding arbitration, rather than in court.
12) Severability and survival of the Terms of Service
a) If any part or parts of this Terms of Service are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Terms of Service shall continue in full force and effect.
b) These Terms of Service will survive the termination of your relationship with us.
13) Governing Law
These Terms of Service, your use of the Platform, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Service shall be governed by the laws of the British Virgin Islands. Any dispute between the parties that is not subject to arbitration shall be resolved in the respective court.
These Terms of Service constitute the entire agreement between you and us relating to your access to and use of the Platform and the content therein. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Except as otherwise provided herein, these Terms of Service are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
“Disqualified Person/Entity” means (a) any person or body corporate seeking to access the Platform or use the Services from within the Excluded Jurisdictions; (b) any person (being a natural person) who is citizen of, domiciled in, or resident of, a country which laws prohibit or conflict with the access of the Platform or use of the Services; and/or (c) any body corporate that is incorporated in, domiciled in, or organised in, a country which laws prohibit or conflict with the access of the Platform or use of the Services;
“Excluded Jurisdiction” means the jurisdictions listed below:
- 6.Democratic People’s Republic of Korea
- 14.People’s Republic of China
- 16.Saudi Arabia
- 19.United Arab Emirates
- 20.United States of America
- 22.Any jurisdiction in which the Platform and/or the Services are prohibited, restricted or unauthorized in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction
Data We Collect
Privacy is central to what we do. We understand that privacy is important to our users. We do not maintain user accounts and do not collect and store personal data, such as your name or internet protocol (“IP”) address. When you interact with the Services, we collect only:
(a) Publicly-available blockchain data. When you use your wallet, we collect and log your wallet address (public blockchain address) to learn more about your use of the Services. Note that wallet addresses are publicly-available data that are not created or assigned by us or any central party, and by themselves are not personally identifying.
(b) Transaction data: When you use the Services, we collect and log your transaction information and balance information, in order to comply with our legal obligations and prevent the use of our Services in connection with fraudulent or other illicit activities.
(c) Survey or usability information. If you participate in a survey or usability study with us, we will record any biographical information you directly provide to us (for example, your name, email, and job title), the responses you provide to us, and your interactions with the Services.
(d) Correspondence. We will receive any communications and information you provide directly to us via email, customer support, social media, or another support channel, or when you participate in any surveys or questionnaires.
(e) Biographical information. If you apply for a job with us, we collect all information provided through our jobs form, including name, email phone, work and immigration status, and any other resume, cover letter, or free form text you include.
How We Use Data
We use the data we collect in accordance with your instructions, including any applicable terms in our Terms of Service, and as required by law. We may also use data for the following purposes:
(a) Providing the Services. We use the data we collect to provide, maintain, customize and improve our Services and features of our Services.
(b) Customer support. We may use information to provide customer support for and answer inquiries about the Services.
(c) Safety and security. We may use data to protect against, investigate, and stop fraudulent, unauthorized, or illegal activity. We may also use it to address security risks, solve potential security issues such as bugs, enforce our agreements, protect our users and the Platform and enforce our agreements and policies, including our Terms of Service.
(d) Legal compliance. We may use the information we collect as needed or requested by regulators, government entities, and law enforcement to comply with applicable laws and regulations.
(e) Aggregated data. We may use some of the information we collect or access to compile aggregated data that helps us learn more about how users use the Services and where we can improve your experience.
How We Share Data
We may share or disclose the data we collect:
(a) With service providers. We may share your information with our service providers and vendors to assist us in providing, delivering, and improving the Services. For example, we may share your wallet address with service providers to provide technical infrastructure services, your wallet address with blockchain analytics providers to detect, prevent, and mitigate financial crime and other illicit or harmful activities, and your activity on our social media pages with our analytics provider to learn more about you interact with us and the Services.
(b) To comply with our legal obligations. We may share your data in the course of litigation, regulatory proceedings, compliance measures, and when compelled by subpoena, court order, or other legal procedure. We may also share data when we believe it is necessary to prevent harm to our users, the Platform, or others, and to enforce our agreements and policies, including our Terms of Service.
(c) Safety and Security. We may share data to protect against, investigate, and stop fraudulent, unauthorized, or illegal activity. We may also use it to address security risks, solve potential security issues such as bugs, enforce our agreements, and protect our users, the Platform, and ecosystem.
(d) Business changes. We may transfer or share data to another entity in the event of a merger, acquisition, bankruptcy, dissolution, reorganization, asset or stock sale, or other business transaction.
(e) With your consent. We may share your information any other time you provide us with your consent to do so.
We do not share your information with any third parties for any marketing purposes whatsoever.
Third-Party Links and Sites
We may integrate technologies operated or controlled by other parties into parts of the Services. For example, the Services may include links that hyperlink to websites, platforms, and other services not operated or controlled by us. Please note that when you interact with these other parties, including when you leave the Platform, those parties may independently collect information about you and solicit information from you. You can learn more about how those parties collect and use your data by consulting their privacy policies and other terms.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect data from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you. You are responsible for all of your activity on the Services, including the security of your wallets.
The Services are intended for a general audience and are not directed at children. We do not knowingly receive personal information from anyone under the age of 18 years old. If you believe we have received personal information about a child under the age of 18, please contact us at [email protected].
Changes to this Policy
If we make material changes to this Policy, we will notify you via the Services. Nevertheless, your continued use of the Services reflects your periodic review of this Policy and other terms and indicates your consent to them.