Terms of Service
Last Updated: May 20, 2024
This user interface ("Interface") is provided by Nestree ("Company," "we," "us," or "our"). These terms of use, along with any incorporated documents and terms ("Terms"), constitute an agreement between the Company and you ("you" or "your") regarding your use of the Company’s websites, including the Interface, web applications, mobile applications, and related sites (collectively, the "Site").
Please read these Terms carefully, as they govern your use of the Site and access to the Services, which include order contracts, Supported Contracts, decentralized applications, APIs, and software for trading and swapping Digital Assets. These Terms outline your rights, obligations, and our disclaimers and liability limitations.
By creating an account, clicking "I agree," or otherwise using the Site or Services, you agree to these Terms, including the mandatory arbitration provision. If you do not agree, do not use the Site or Services.
Modifications to Terms
We may modify these Terms at our discretion. Notice of changes will be provided through the Services or by updating the "Last Updated" date. Modifications are effective immediately upon notice, and continued use of the Site and Services indicates acceptance. If you do not agree to the changes, stop using the Site and Services.
Use of Services
User Representations and Warranties: By accessing or using the Services or the Site, you represent and warrant to the Company that:
Legal Capacity: If you are an individual, you are of legal age and have the capacity to enter into these Terms. If you are an entity, you have the authority to accept these Terms on behalf of the entity.
Restricted Territories: You are not a resident, national, or agent of any restricted territory, including but not limited to Algeria, Bangladesh, Cuba, Iran, North Korea, Syria, and others specified.
Sanctions Lists: You are not listed on any sanctions list maintained by Panama, the US, the UK, the EU, or the UN, and you will not transact with any Restricted Person or Sanctions List Person.
VPN and Anonymization Tools: You will not use VPNs or other tools to circumvent restrictions on the Services.
Consent for Personal Information: You have obtained all necessary consents for any personal information you transfer to us in connection with using the Services.
Legal Compliance: Your use of the Services complies with all applicable laws and does not facilitate illegal activity.
Limitations: As a condition for accessing or using the Services or the Site, you acknowledge and agree to the following:
Inaccessibility: The Site and Services may be periodically unavailable due to equipment malfunctions, maintenance, unforeseen causes, blockchain infrastructure issues, or third-party service disruptions.
Access Modifications: We can disable or modify access to the Site and Services if you breach these Terms, provide inaccurate representations or warranties, or violate geographical restrictions. We are not liable for any losses or damages due to inaccessibility.
Service Changes: The Services may evolve, and we may change, replace, or discontinue them at any time at our discretion.
Pricing Information: Pricing on the Site is not an offer, solicitation, advice, or recommendation for transactions with the Company.
No Agency Relationship: The Company does not act as your agent or the agent of vany other user.
User Responsibility: You are responsible for your use of the Services, including transfers and custody of Digital Assets.
No Fiduciary Duties: We owe no fiduciary duties or liabilities to you. Any such duties or liabilities that may exist are hereby waived.
Tax Responsibility: You are responsible for reporting and paying any applicable taxes on your use of the Services.
Third-Party Transactions: We are not liable for the delivery, quality, safety, legality, or any aspect of Digital Assets you transfer to or from third parties, nor are we responsible for ensuring transaction completion or authorization.
Feedback: By submitting feedback, you agree that we can use it freely without restriction or compensation.
Certifications: As a condition for accessing or using the Services or the Site, you agree to the following:
Legally Obtained Assets: You will only transfer legally obtained Digital Assets that belong to you.
Legal Compliance: You will comply with all applicable laws and will not use the Site or Services if prohibited by the laws of your country or any other applicable law.
Ownership or Authorization: The Digital Assets you use in connection with the Services are either owned by you or you are authorized to use them.
Security: You will maintain the security and confidentiality of your private keys, passwords, API keys, and other related credentials associated with your account and public wallet address.
No Professional Advice or Fiduciary Duties
All information on the Site and through the Services is for informational purposes only and not professional advice. Do not take any action based on this information. Always seek independent professional advice before making financial, legal, or other decisions involving the Services. These Terms do not create any fiduciary duties, and our obligations to you are only those explicitly stated in these Terms.
Prohibited Activity
By agreeing to these Terms, you confirm that you are of legal age and capacity, or have the authority to accept on behalf of an entity. Prohibited activities include:
Violating any applicable laws, including anti-money laundering and anti-terrorist financing laws.
Engaging in transactions involving infringing items, counterfeit goods, or unauthorized use of intellectual property.
Using the Services in a way that disrupts or damages the Site or other users' experience.
Violating trading market integrity, such as through spoofing or wash trading.
Circumventing content-filtering, security measures, or access controls.
Using automated means to access the Services or introducing harmful material.
Providing false or misleading information.
Using the Site for criminal activities, including terrorism or tax evasion.
Posting offensive or inappropriate content.
Using the Site from prohibited jurisdictions.
Harassing, abusing, or impersonating others, including company employees.
Encouraging or assisting any prohibited activities.
Content
You grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, display, publish, and distribute any content you make available through the Site or Services ("Your Content") for any purpose, including promotion. You represent that you own Your Content or have the rights to grant this license and that its use will not infringe on any third-party rights.
Proprietary Rights
All product names, logos, and marks on the Site or Services are trademarks owned by the Company, its affiliates, or licensors. You cannot use them without prior written consent, and these Terms do not grant you any rights to these trademarks. Do not remove, obscure, or alter any legal notices displayed with the Services.
Links
The Services may provide links to other websites, applications, or resources. The Company is not responsible for the availability or content of these external sites and does not endorse them. The Company is not liable for any damage or loss caused by using or relying on content, goods, or services from these links.
Modification, Suspension, and Termination
We may modify, suspend, or terminate the Services at any time without notice. Upon termination, your right to use the Services ceases immediately. We are not liable for any losses from these actions.
Assumption of Risks
While we aim to provide accurate and timely information, the Site and Services may not always be accurate or current and may contain errors. Information can change without notice. Verify all information before relying on it, and any decisions based on it are your responsibility. Pricing information may differ from other platforms.
Using the Services requires understanding cryptography and computer science due to inherent risks. You represent that you have the necessary knowledge and skills. Mention of Digital Assets does not imply endorsement and does not replace your understanding of associated risks.
Transactions with Digital Assets and Contracts are risky, experimental, and volatile. They are irreversible and non-refundable. You use the Site and Services at your own risk, acknowledging potential significant losses. You are responsible for evaluating and understanding the risks of each transaction. We are not liable for your use of the Services.
We comply with Applicable Law, which may require actions or sharing information with government agencies, possibly against your interests.
The Service is under development, creating risks like delays, server errors, and transaction rollbacks, impacting your transactions.
THE COMPANY IS NOT LIABLE FOR LOSSES OR DAMAGES ARISING FROM:
User errors (e.g., forgotten passwords, mistyped wallet addresses)
Server failures or data loss
Issues with cryptocurrency wallets or files
Unauthorized access to Services
Third-party activities (e.g., viruses, phishing)
You assume all risks and waive all claims against the Company and its affiliates for any losses or damages related to these risks.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, their affiliates, and their respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors ("Indemnified Parties") from any claims, lawsuits, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising from:
Your use of the Site or Services
Digital Assets associated with your wallet
Feedback you provide about the Site or Services
Your violation of these Terms
Your infringement on others' rights
If you must indemnify an Indemnified Party, the Company can control the action or proceeding, including settlement decisions, and you must cooperate with the Company in the defense.
Disclosures; Disclaimers
Nestree develops software, and the Company licenses this software. The Company is not registered with any financial regulatory authority, and no such authority has reviewed or approved the Company's software. The Site and software do not provide advice or recommendations on any commodity, security, or Digital Asset. The Company is not acting as an investment or commodity trading adviser.
The Site and Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind. We disclaim any express or implied warranties, including those of merchantability, fitness for a particular purpose, security, availability, accuracy, and non-infringement. We do not guarantee that the Site or Services will be uninterrupted or error-free.
Your data on the Site may become lost, corrupted, or temporarily unavailable for various reasons. We are not liable for any loss or damage caused by denial-of-service attacks, software failures, viruses, protocol changes, Internet outages, force majeure events, maintenance, or other causes beyond our control.
Limitation of Liability
To the fullest extent permitted by law, neither the Company nor its service providers will be liable for any incidental, special, exemplary, or consequential damages. This includes damages for lost profits, revenues, savings, business opportunities, data, or goodwill, as well as service interruptions, computer damage, system failures, or the cost of substitute services, arising from or related to these Terms or the use or inability to use the Services. This applies regardless of the legal theory (warranty, contract, tort, etc.) and whether or not the Company or its providers were informed of the possibility of such damages, even if a limited remedy fails its essential purpose.
General Information
Privacy Policy: Refer to our privacy policy for details on how we collect, use, share, and process your information.
Electronic Delivery Consent: You consent to receive all communications electronically to your email. Contact us at social@nestree.io for any service-related inquiries.
Force Majeure: We are not liable for performance failures or delays caused by circumstances beyond our control, such as natural disasters, war, labor disputes, or government actions.
Assignment: You cannot transfer your rights or obligations without our written consent. We can transfer our rights and obligations without notice or consent.
No Third-Party Beneficiaries: Only the parties to these Terms and the Indemnified Parties have rights under these Terms.
Reservation of Rights: The Services are protected by intellectual property laws. Do not remove or alter any proprietary notices.
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