Terms of Service

Introduction

Welcome to Cryptoatics! These Terms of Service (“Terms”) govern your access to and use of the Cryptoatics platform, including our website at cryptoatics.io, our mobile applications, and any other software, tools, features, or functionalities provided on or in connection with our services (collectively, the “Platform”).

These Terms constitute a legally binding agreement between you and Cryptoatics Inc. (“Cryptoatics,” “we,” “us,” or “our”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

Definitions

Throughout these Terms, we use certain defined terms:

Account Creation and Responsibilities

To access certain features of the Platform, you must create an Account. When you create an Account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Maintain the security of your Account by protecting your password and restricting access to your Account
• Promptly notify Cryptoatics if you discover or suspect any security breaches related to your Account
• Take responsibility for all activities that occur under your Account and accept all risks of unauthorized access

Age Requirements

You must be at least 18 years old to create an Account and use our Platform. By creating an Account, you represent and warrant that you are at least 18 years old. If we discover or have any reason to suspect that you are under 18 years old, we reserve the right to suspend or terminate your Account immediately.

Wallet Services

Our Platform provides Wallet services that allow you to store, send, and receive Cryptocurrencies. When using our Wallet services, you acknowledge and agree to the following:

Prohibited Activities

When using our Platform, you agree not to engage in any of the following prohibited activities:

• Violate any applicable law, regulation, or these Terms
• Use the Platform for any illegal purpose, including money laundering, terrorism financing, or other criminal activities
• Attempt to gain unauthorized access to other users’ Accounts or the Platform’s systems or networks
• Use the Platform to engage in market manipulation, fraud, or deceptive practices
• Interfere with or disrupt the operation of the Platform
• Attempt to reverse-engineer, decompile, disassemble, or hack any part of the Platform
• Use any robot, spider, crawler, scraper, or other automated means to access the Platform
• Use the Platform to transmit any viruses, malware, or other harmful code
• Harass, abuse, or harm other users
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

Intellectual Property Rights

The Platform and all its content, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, are owned by Cryptoatics, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, Cryptoatics grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal, non-commercial use. This license does not include any right to:

• Modify or copy the materials on the Platform
• Use any materials for any commercial purpose
• Transfer the materials to another person or “mirror” the materials on any other server
• Remove any copyright or other proprietary notations from the materials

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cryptoatics at any time.

Disclaimers and Limitations of Liability

No Investment Advice

The content on our Platform is for informational purposes only and does not constitute financial, investment, or other professional advice. We do not endorse or recommend any particular Cryptocurrency or investment strategy. You are solely responsible for your investment decisions and should conduct your own research before making any financial decisions.

Cryptocurrency Risks

Cryptocurrencies are highly volatile and speculative assets. The value of Cryptocurrencies can fluctuate significantly in a short period of time. You acknowledge and agree that:

• The price and liquidity of Cryptocurrency are extremely volatile and may be subject to large fluctuations
• Investing in Cryptocurrencies involves a substantial degree of risk, including the risk of total loss
• There is no guarantee that the value of any Cryptocurrency will be maintained or increase in value

Limitation of Liability

To the maximum extent permitted by applicable law, Cryptoatics and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your transmissions or content
• Any transaction or relationship between you and any third party
• Any loss or damage to your Cryptocurrencies due to your failure to secure your Account

Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Cryptoatics disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

You agree to indemnify, defend, and hold harmless Cryptoatics and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from:

• Your violation of these Terms
• Your violation of any rights of any other person or entity
• Your use or misuse of the Platform

Modifications to the Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. The most current version of these Terms will be posted on our website with the “Effective Date” at the top. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website before the changes become effective.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

Termination

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Platform or contact us to request Account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association’s rules. The arbitration shall be conducted in San Francisco, California, and the judgment of the arbitrator may be entered in any court having jurisdiction thereof.

Nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Cryptoatics concerning your use of the Platform.

Waiver

The failure of Cryptoatics to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Cryptoatics’ prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Cryptoatics may assign or transfer these Terms, at its sole discretion, without restriction.

Force Majeure

Cryptoatics shall not be liable for any failure or delay in the performance of its obligations under these Terms resulting from any event beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, or internet or blockchain network failures.

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