Term of Service
We are UTONIC LABS LTD, doing business as UTONIC (“UTONIC,” “we,” “us,” or “our”), a company registered in British Virgin Islands at Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands. We operate the website located at https://utonic.org/stake (the “Website” or “Site”) through which we provide you our services, (collectively, the “Services” which include the provision and use of the Website).
Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Site. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and UTONIC LABS LTD, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITEDFROM USING THE SERVICES AND YOU MUST DISCONTINUE USEIMMEDIATELY.
The Site is a portal made available by UTONIC LABS LTD (the “Company”). UTONIC specializes in financial technology (i.e., Fintech), focusing on the development and operation of mini bots on Telegram. UTONIC is dedicated to delivering innovative financial solutions on Telegram, ensuring the security and reliability of assets. By using the Site, you understand that you are not transferring crypto assets to us and the assets are deposited directly into underlying third-party protocols.
The Services are intended for users who have reached the legal age as defined by the applicable laws and possess full civil capacity. All users who are minors in the jurisdiction in which they reside (generally under the age of 18 or others who have not) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Services.
We recommend that you print a copy of these Terms for your records.
TABLE OF CONTENTS
NOTICE ON PROHIBITED USE
Agreement to Terms
Changes to these Terms or the Services
Who May Use the Services?
Release
Regulatory and Compliance Suspensions or Terminations
Posting Content
Permissions to Your User Content
Your Responsibility for User Content
Removal of User Content
The Company’s Intellectual Property
Feedback
General Prohibitions and the Company’s Enforcement Rights
Staking Rewards and Risks
Unstaking
Representations and Warranties
Links to Third Party Websites or Resources
Wallet Security
Termination
Indemnity
Governing Law and Forum Choice
Dispute Resolution
Class Action Waiver
Circumstances Beyond Our Control
Assumption of Risk
Severability
Verification Requirement
Miscellaneous
NOTICE ON PROHIBITED USE
US AND OTHER RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY: PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”) OR PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).
WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A US PERSON OR OTHER RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE SERVICES.
WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN THE SECTION (DISPUTE RESOLUTION) WILL NOT APPLY TO YOU BUT THE PROVISIONS OF THE SECTION (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms then you must not use the Services or access the Site. Notwithstanding the foregoing, the laws of some jurisdictions may limit or not permit certain provisions of this agreement, such as indemnification, the exclusion of certain warranties or the limitation of liability. In such a case, such provisions will apply only to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these terms will prejudice such rights that you may have as a consumer of the Services under such applicable law.
Changes to these Terms or the Services
We may update the Terms from time to time at our SOLE discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. The Services are not authorized for use in certain other jurisdictions, such as the United States of America (see ‘Notice on Prohibited Use’ above).. You may not attempt to access or use the Services if you are not permitted to do so. In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers.
Due to local laws and regulations, we do not provide any services to users from the following countries or regions, including but not limited to Afghanistan, Angola, Azerbaijan, Bosnia and Herzegovina, Belarus, Botswana, Burma (Myanmar), Burundi, Cambodia, Cameroon, Canada, Chad, China (Mainland), Congo, Congo (Democratic Republic), Côte d’Ivoire, Crimea region and any non-government controlled areas of Ukraine, Cuba, Eritrea, Ghana, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Lao People’s Democratic Republic, Lebanon, Liberia, Libya, Madagascar, Mozambique, Netherlands, Nicaragua, North Korea, Pakistan, Russia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, United States, Uzbekistan, Vanuatu, Venezuela, Virgin Islands (U.S.), Yemen, Zimbabwe (collectively, the “Prohibited Countries”). We reserve the right to adjust the above list of countries or regions in accordance with changes in applicable laws and regulations or Services, and the content of the Terms shall not be excluded from the laws of the country or region under which the user belongs. As a result, if you do not meet these eligibility requirements, please do not use our Services.
Release
The Company is not a party to any transaction or other interaction occurring on the Protocol. If you have a dispute with any user of the Site, you agree to address such dispute directly with such user. If permitted in your jurisdiction, you further expressly waive and release the Company (and the Company’s officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releases”) from, and covenant not to sue Releases for any and all claims, liability, causes of action, demands, or damages (actual or consequential) arising from or in any way relating to your use of the Services of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Regulatory and Compliance Suspensions or Terminations
We may suspend or terminate your access to the Services at any time as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third party service provider. Such suspension or termination shall not be constituted a breach of these Terms by the Company.
Posting Content
Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. The Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Permissions to Your User Content
By making any User Content available through the Services you hereby grant to the Company a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
Your Responsibility for User Content
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content
You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
The Company’s Intellectual Property
We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in British Virgin Islands, the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Feedback
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and permit others to use it) for any purpose without any restriction or compensation to you.
General Prohibitions and the Company’s Enforcement Rights
As a user of the Service, you agree not to do any of the following:
(a)Post, upload, publish, submit or transmit any user content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b)Use, display, mirror or frame the Services or any individual element within the Services, the Company’s name, any the Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
(c)Access, tamper with, or use non-public areas of the Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
(d)Attempt to probe, scan or test the vulnerability of any the Company system or network or breach any security or authentication measures;
(e)Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Services;
(f)Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers;
(g)Use any meta tags or other hidden text or metadata utilizing a the Company trademark, logo URL or product name without the Company’s express written consent;
(h)Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i)Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(j)Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(k)Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(l)Impersonate or misrepresent your affiliation with any person or entity;
(m)Violates any applicable law, rule, or regulation concerning the integrity of trading markets, including but not limited to the manipulative tactics commonly known as spoofing and wash trading;
(n)Violate any other applicable law or regulation;
(o)Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or
(p)Encourage or enable any other individual to do any of the foregoing.
The Company is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Staking Rewards and Risks
Users who stake assets through UTONIC may be eligible to earn rewards based on their staking participation. Staking is subject to network risks, such as slashing penalties, validator downtime, and other unpredictable events on the underlying blockchain (e.g., TON). UTONIC is not liable for losses incurred due to these risks.
Unstaking
You may request to withdraw all or any part of your staked certain digital assets following some reasonable time after the applicable network upgrades. When unstaking, you select the quantity and type of TON tokens to be burned and redeemed, and the corresponding amount of staked certain digital assets will be released to your Wallet. When you choose to unstake, you must follow the procedures published on the Site and wait for the appropriate duration. UTONIC aims to process all unstaking requests promptly, contingent on the limitations of the underlying blockchain, including withdrawal queues. The Company may impose unstaking limits or pause unstaking based on frequency or volume of requests, slashing penalties, or for other reasons deemed appropriate.
Representations and Warranties
On each instance that you access and use the Site, you represent and warrant to us that:
it is lawful under the laws applicable to you to access and use the Site;
you are not accessing the Site from a country that is sanctioned by any governmental or supranational body, including but not limited to the Office of Foreign Assets Control of the United States Department of the Treasury, the United Nations Security Council, the European Union, any European Union member state and that you are not an individual subject to any sanctions by a governmental or supranational body;
you are not a citizen, resident of, or a legal entity incorporated or organized under the laws of, the United States, Russia, Cuba, Iran, North Korea and Crimea;
you understand and accept all risks of using the Site and crypto tokens;
you have full understanding of the nature and risks of digital assets and blockchain networks, and voluntarily and of your own accord;
you have knowledge and experience in all relevant matters as to be capable of evaluating the merits and risks of accessing and using the Site and conducting transactions using the protocol;
you have full authority and power to enter into these Terms and that your entry into these Terms does not conflict with any other legal obligation (whether under statute, contract, tort or otherwise) that is binding on you; and
your acceptance of these Terms are legal, valid, binding and enforceable obligations of yours.
Links to Third Party Websites or Resources
The Services may contain (or you may be sent via the Site) links to other websites or other resources (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern, You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services, Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Wallet Security
To access and use the Site, you must use a non-custodial wallet software (your “Wallet” and all the non-custodial wallet software you use, your “Wallets”), which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service with the third-party. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents.
The security of your Wallets is your sole responsibility. You are required to take appropriate measures to ensure the security and confidentiality of your Wallet, passwords, and any other authentication information. You shall not share your Wallets, or any information related to your Wallets (including your seed phrases or private keys) with any other individual or entity.
We strongly recommend that you adopt robust operational security measures to protect your Wallets, including but not limited to installing the latest software upgrades on your mobile devices, using two-factor authentication as appropriate, and regularly update your security settings. It is your responsibility to keep your Wallets secure. You understand and acknowledge that any activity conducted through your Wallets will be deemed as your own actions. You are solely responsible for any consequences arising from unauthorized use or access to your Wallets, whether through your own actions or due to your failure to implement adequate security measures. In the event of any suspected or actual unauthorized access to your Wallets, or if you believe your Wallet has been compromised, you must immediately take appropriate action to mitigate any potential risks.
We have no ability to control or reverse any transactions on the Protocol. We shall not be held responsible for any loss, damage, or unauthorized transactions resulting from any unauthorized access of your Wallet. By using the Site, you agree to assume full responsibility for the security of your Wallets, and you acknowledge that we do not condone the sharing of your Wallets (or the associated seed phrase and/or private key).
Termination
We may terminate or suspend your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 4(d) 7, 8, 9, 10, 11 and 12.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Indemnity
You will indemnify and hold the Company and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the laws of Singapore, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the section below (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined below) that you and the Company are not required to arbitrate will be the courts located in Singapore, and you and the Company each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”). The Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) business days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. the Parties agree that the laws of Singapore govern the interpretation and enforcement of these Terms, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. The number of arbitrators shall be one (1). The language of the proceedings of the arbitration shall be English. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
Exceptions. As limited exceptions to the section above, we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Singapore International Arbitration Centre (“SIAC”) under the Streamlined Arbitration Rules and Procedures of SIAC then in effect.
The Site of Arbitration. Any arbitration hearings will take place in the Singapore, but will be conducted remotely to the extent permitted by the Streamlined Arbitration Rules and Procedures. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Injunctive and Declaratory Relief. Except as provided in the section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Circumstances Beyond Our Control
While we will use reasonable efforts to ensure the Site is operational to a satisfactory service level, there are events that are circumstances beyond our reasonable control which may inhibit, affect or prevent your access and use of the Site. These include, without limitation:
a. disruption of the information services required to access the Site such as your Internet service provider, our servers, the blockchains on which the applicable protocol is deployed, etc.;
b. hardware failures of our servers or your personal device or Internet service provider;
c. a temporary or indefinite halt of the functionality of the Site or any blockchain on which the applicable protocol is deployed; and
d. cyberattacks against the Site or other malicious malware used to henbit the functionality of the Site.
We will not be responsible for any losses incurred by you as a result of any circumstances beyond our reasonable control which may inhibit, affect or prevent your access and use of the Site.
Assumption of Risk
You acknowledge and agree that the access or use of the Site and any involvement with crypto assets carry inherent risks. These risks include, but are not limited to, market volatility, potential loss of investment, regulatory changes, technological vulnerabilities, and cybersecurity risks which are beyond our control. We shall not be held liable for any losses, damages, or liabilities arising from your use of crypto assets or any transactions related to crypto assets conducted through the Site.
You understand and accept that the value of crypto assets can fluctuate significantly, and there is no guarantee of profit or protection against losses. The decision to engage in transactions involving crypto assets is solely your responsibility, and you bear all risks associated with such transactions.
You acknowledge that the blockchain technology underlying crypto assets is subject to its own risks and limitations, including but not limited to network congestion, technological failures, and delays in transaction confirmation. We shall not be responsible for any losses or damages arising from such risks and limitations.
By using the Site and engaging with crypto assets, you acknowledge and assume all risks associated with crypto assets, including any not described above (which is a non-exhaustive coverage of all relevant risks). You agree to release us from any liability and hold us harmless from any Losses incurred in connection with the use of crypto assets.
Severability
With the exception of any of the provisions in Section 23 (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Verification Requirement
To support Anti-Money Laundering (AML) efforts and prevent the threat of money laundering and terrorism financing, we are committed to conduct business in accordance with high ethical standards and, to the greatest extent possible, preventing the establishment of any business relationship that is related to or could contribute to money laundering or terrorism financing. In this regard, to use the Services provided by us, you may be mandatorily required to undergo Know-Your-Customer (KYC) verification. Further, we may implement both On-chain AML and Off-chain AML procedures simultaneously to verify whether your on-chain addresses pose any money laundering risks or terrorism financing risks and identify if you are listed in any jurisdiction’s anti-money laundering databases. To satisfy the verification requirement, we or our third-party partner may record and/or collect your biometric information, documentation about your identity and the country or jurisdiction from or in which you are located, and we will ensure, to the best of our knowledge, skills, and abilities, that you, connected persons of you, natural persons appointed to act on behalf of you, and beneficial owners of you are assessed and screened with the assistance of third-party verification service provider due to local laws and regulations.
You represent and warrant that your funds to be used on the Interface or for our Services come from legitimate sources and do not originate from illegal activities; and you agree that we may require you to provide or otherwise collect necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of your funds. We may monitor business relations with you on an ongoing basis. We may monitor the operation of your using of our Services and review your transactions throughout the course of our business relationship to ensure that you are consistent with our knowledge of you, your business and risk profile, and the source of your funds. We do not open, maintain, or accept anonymous or pseudonymous transaction requests. We shall not enter into a business relationship with you when we have reasonable grounds to suspect that your assets or funds are the proceeds of any criminal behavior.
Miscellaneous
Reservation of Rights. The Company and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the British Virgin Islands, the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between the Company and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. the Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Not Registered with Any Governmental Agency. We are not registered with any governmental agency in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf. As a result, we do not (and cannot) guarantee market best pricing or best execution through our Services.
Notices. Any notices or other communications provided by the Company under these Terms will be given by posting to the Services.
Waiver of Rights. The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact the Company (@UTONIC).
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