Terms of Service
Last Updated: 27/01/2024
These Terms of Use (these “Terms”) govern your access to and use of all products and
services (“Services”) made available by us (the owner and controller of the Platform
(defined below) (“we,” “us” or “our”) through our website app.zkx.fi along, the associated
mobile application and the web-hosted user interface (collectively “Platform”). The
Service may be subject to additional terms (“Additional Terms”), which will be displayed
in connection with such Services. These Terms and all such additional terms that may be
notified to you from time to time, which are incorporated by reference, are collectively
referred to as the “Terms.”
We reserve the right, to modify, add, or remove portions of these Terms at any time and
will notify you whenever there is a change in the Terms, as the case may be, by email or
by posting a conspicuous notice on the Platform in the event of any material revisions to
these Terms. Your continued use of the Platform following the incorporation of such
changes shall be deemed to mean that you accept and agree to the revisions. As long as
you comply with these Terms, we grant you a personal, non-exclusive, non-transferable,
and limited privilege to access and use the Platform.
THIS TERMS CONTAINS IMPORTANT INFORMATION, INCLUDING A BINDING
ARBITRATION PROVISION AND A CLASS ACTION WAIVER, BOTH OF WHICH
IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED. OUR SERVICES
ARE ONLY AVAILABLE TO YOU — AND YOU SHOULD ONLY ACCESS ANY OF
OUR SERVICES — IF YOU AGREE COMPLETELY WITH THESE TERMS
1. MEMBERSHIP ELIGIBILITY
1.1. To access or use any of our Services, you must be able to form a legally binding
contract with us. Accordingly, you represent that you are at least the age of majority
in your jurisdiction (e.g., 18 years old in the United States) and have the full right,
power, and authority to enter into and comply with the Terms. You represent that
you are not ‘incompetent to enter into a contract as per the applicable regulation
of your jurisdiction. Further, if you are entering into this Terms on behalf of an
entity, you represent to us that you have the legal authority to bind such entity.
1.2. You further represent that you are not (a) the subject of economic or trade
sanctions administered or enforced by any governmental authority or otherwise
designated on any list of prohibited or restricted parties (including but not limited
to the list maintained by the Office of Foreign Assets Control of the U.S.
Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction
or territory that is the subject of comprehensive country-wide, territory-wide, or
regional economic sanctions by any country.
2. SERVICES, PROTOCOL AND ASSETS
2.1. Protocol: The Platform provides a web or mobile-based means of access to a
decentralized protocol that comprises open-source or source- available self-
executing smart contracts that are deployed on various public blockchains
(‘Protocol’). The Protocol allows users to claim, store and trade certain virtual
digital assets be it utility token or non-fungible token (collectively “Assets”). The
Platform may also provide information and data about such Assets.
2.2. Wallet. To claim, store and trade the Assets available through the Protocol, you
must create and use a non-custodial electronic wallet that allows you to claim,
purchase, store, and engage in transactions using the Assets (“Wallet”). You
agree and understand that all transactions initiated through our Service are
effected by third-party digital wallet extensions and are governed by the terms of
service for the applicable extensions.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR
LIABLE FOR ANY MATTER ARISING WITH YOUR USE OF WALLET OR FOR
ANY ACTS OR OMISSIONS BY YOU IN CONNECTION WITH OR AS A RESULT
OF YOUR DIGITAL WALLET BEING COMPROMISED.
2.3. No Fiduciary Liability: We have no custody, possession, or control of the Assets
claimed, stored in your Wallet. You acknowledge and agree that you are solely
responsible for the cryptographic private keys to your Wallet. To the fullest extent
permitted by law, you acknowledge and agree that we owe no fiduciary duties or
liabilities to you or any other party, and that to the extent any such duties or
liabilities may exist at law or in equity, those duties and liabilities are hereby
irrevocably disclaimed, waived, and eliminated. You further agree that the only
duties and obligations that we owe you are those set out expressly in this Terms.
2.4. Access to the Platform/Protocol: Your access to the Platform may be
interrupted, for reasons including but not limited to maintenance, repairs,
upgrades, network, or equipment failures. You understand that all online platforms
suffer occasional disruptions and outages, and no person will not be liable for any
disruption or loss you may suffer as a result.
2.5. Future Communication: You hereby, by way of accepting these Terms, consent
to the receipt of communication by us by way of messages, e-mails, promotional
and marketing calls and newsletters. These communications could relate to
promotions that are undertaken by us or our third-party partners.
3. USER REPRESENTATIONS AND WARRANTIES.
3.1. You agree, undertake and covenant that, during your access to and/or use of the
Platform, you shall not host, display, upload, modify, publish, transmit, store,
update or share any information that:
(a) belongs to another person;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another person's privacy,
insulting or harassing on the basis of religion or gender, hateful or racially or
politically motivated or ethnically objectionable, relating or encouraging
money laundering or gambling or an online game that causes harm, or
promoting enmity between different groups on the grounds of religion or caste
with the intent to incite violence, or otherwise inconsistent or contrary to the
applicable laws in force, in any manner whatsoever;
(c) involves the transmission of "junk mail", "chain letters", or unsolicited mass
mailing or "spamming".
(d) infringes upon or violates any third party's rights including, but not limited to,
any patent, trademark, copyright or other proprietary rights or intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical address, or phone
number).
(e) provides instructional information about illegal activities such as violating
someone's privacy or providing or creating computer viruses;
(f) tries to gain unauthorized access or exceeds the scope of authorized access
to the Platform or to profiles, communities, bulletins, or other areas of the
Platform or solicits passwords or personally identifying information for
commercial or unlawful purposes from other users of the Platform;
(g) engages in commercial activities such as sweepstakes, barter, advertising
etc;
(h) impersonates another person;
(i) contains software viruses or any other computer codes, files or programs
designed to interrupt, destroy, or limit the functionality of any computer
resource; or contains any trojan horses, worms or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, covertly intercept or steal any system, data, or personal information.
(j) Threatens the integrity, defense, security or sovereignty of your country of
origin, friendly relations with foreign States, or public order, or causes
incitement to the commission of any cognizable offense or prevents
investigation of any offense or is insulting any foreign States.
3.2. You further represent that by using the Service and claiming the assets, you agree
to maintain the security of your Digital Wallet and accept all risks of unauthorized
access to your Digital Wallet and to the information you provide to us. You agree
that you will not (i) buy, sell, rent, or lease access to the Service or (ii) attempt to
access the Service through unauthorized third party applications or clients.
4. TAX OBLIGATIONS.
One or more of our Services or Assets offered by us may not be available or
appropriate for use in your jurisdiction. By accessing or using any of our Services
or by claiming, purchasing or storing the Assets , you agree that you are solely and
entirely responsible for compliance with all laws and regulations that may apply to
you. Specifically, your use of our Services and claim of the Assets may result in
various tax consequences, such as income or capital gains tax, value-added tax,
goods and services tax, or sales tax in certain jurisdictions. It is your responsibility
to determine whether taxes apply to any transactions you initiate or receive and, if
so, to report and/or remit the correct tax to the appropriate tax authority.
5. ADDITIONAL INFORMATION/ AML/KYC
You agree to provide additional information and documents from time to time, at
the request of any competent authority to comply with applicable law, regulation,
or policy, including laws related to anti-money laundering of incomes obtained by
criminal means, or for counteracting financing of terrorism. We may also require
you to provide additional information and documents in cases where it has reasons
to believe that: (i) your Wallet or other access to the Service is being used for
money laundering or for any other illegal activity; (ii) you have concealed or
reported false identification information and other details; or (iii) transactions
effected via your Wallet were effected in breach of this Terms. In such cases, we,
in its sole discretion, may pause or cancel your transactions until such requested
additional information and documents have been reviewed by us and accepted as
satisfying the requirements of applicable law, regulation, or policy.
6. GAS FEE
Blockchain transactions require the payment of transaction fees to the appropriate
network (“Gas Fees”). You will be solely responsible to pay the Gas Fees for any
transaction that you initiate via any of our Services, provided such fees are
informed in advance.
7. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
7.1. All of the content provided on the Platform, including text, software, scripts, code,
designs, graphics, photos and any other content and the copyrights, trademarks,
service marks, logos, trade names, and other intellectual and proprietary rights
associated therewith (“IP”) is owned by us. YOU UNDERSTAND AND
ACKNOWLEDGE THAT THE PROTOCOL IS NOT A SERVICE OR PART OF
THE PLATFORM AND WE DO NOT CONTROL THE PROTOCOL
7.2. You agree and represent to access and/or use the Platform and the Assets strictly
in accordance with these Terms. You represent that you shall not, directly or
indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the
source code of, or in any manner decrypt, the Platform; (b) make any modification,
adaptation or improvement, enhancement, translation or derivative work from the
Platform; (c) violate any applicable laws, rules or regulations in connection with
your access or use of the Platform; (d) remove or obscure any proprietary notice
(including any notices of copyright or trademark) forming a part of the Platform; (e)
access and/or use the Platform for any commercial or revenue generation
endeavors, or other purposes for which it is not designed or intended; (f) distribute
or transmit the Platform or other services; (g) access and/or use the Platform for
data mining, scraping, crawling, redirecting, or for any purpose not in accordance
with these Terms; (h) access and/or use the Platform for creating a service or
software that is directly or indirectly, competitive with the Platform or any services
herein; or (i) derive any confidential information, processes, data or algorithms
from the Platform, as may be applicable.
7.3. Any infringement shall lead to appropriate legal proceedings against you at an
appropriate forum for seeking all available remedies under applicable laws.
8. DISCLAIMERS.
8.1. No warranties: OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR
USE OF EACH OF OUR SERVICES IS AT YOUR OWN RISK. WE DO NOT
REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR SERVICES WILL
BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE
INFORMATION CONTAINED IN ANY OF OUR SERVICES WILL BE ACCURATE,
RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR SERVICES
WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL
ELEMENTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS
MADE BY THIRD PARTIES CONCERNING ANY OF OUR SERVICES.
WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN
AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS
DEPLOYED ON VARIOUS BLOCKCHAINS. NO DEVELOPER OR ENTITY
INVOLVED IN CREATING THE PROTOCOL WILL BE LIABLE FOR ANY CLAIMS
OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO
USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL,
INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS,
CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO
NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES
CONCERNING ANY OF OUR SERVICES.
ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN
WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE
EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR
TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY
PAYMENTS OR TRANSACTIONS.
8.2. Not Investment Advice. ANY INFORMATION PROVIDED BY ANY OF OUR
SERVICES SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A
RECOMMENDATION THAT A PARTICULAR TOKEN OR OTHER DIGITAL
ASSET IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR
REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION YOU
ACCESS THROUGH THE SERVICES. BY PROVIDING TOKEN INFORMATION
FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT
RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY
TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR
DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR
RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR
PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND
RISK TOLERANCE.
9. LIMITATION OF LIABILITY
We shall in no event be liable to you for any special, incidental, indirect,
consequential, exemplary or punitive damages, or loss of profit or revenues
whatsoever resulting from any (a) errors, mistakes, or inaccuracies of
Platform/Protocol/Asset; (b) any unauthorized access to or use of the secure
servers and/or any and all personal and/or other user information stored therein;
(c) any interruption or cessation of transmission to or from the Platform; (d) any
bugs, viruses, trojan horses, or the like, which may be transmitted to or through
the Platform by any third party; (e) any loss of your data arising from any use of or
inability to use any Platform/Protocol/Asset or other parts of the Platform; and/or
(g) non-availability of the Platform/Protocol/Asset in certain geographical areas.
10. INDEMNIFICATION
To the extent permitted by the applicable law, you shall indemnify and hold us
harmless from any and all claims or demands, or actions including reasonable
attorneys' fees, made by any third party or penalty imposed due to or arising out
of your breach of these Terms and other policies, or your violation of any applicable
law, rules or regulations or the rights (including infringement of any intellectual
property rights) of a third party.
11. TERM AND TERMINATION.
Subject to this Section, the Terms will remain in full force and effect while you use
the Services. We may suspend or terminate your rights to use the Services at any
time for any reason at our sole discretion, including for any use of the Services in
violation of the Terms. Upon termination of your rights under the Terms, your right
to access and use the Services will terminate immediately. We will not have any
liability whatsoever to you for any termination of your rights under the Terms.
12. GOVERNING LAW, ARBITRATION AND CLASS ACTION AND WAIVER
12.1. Governing Law: You agree that the laws of British Virgin Islands, without regard
to principles of conflict of laws, govern these Terms and any Dispute between you
and us. You further agree that our Services and Assets shall be deemed to be
based solely in British Virgin Islands, and that although the Service and the Asset
may be available in other jurisdictions, its availability does not give rise to general
or specific personal jurisdiction in any other forum or jurisdiction. The parties
acknowledge that this Terms evidences interstate commerce. Any arbitration
conducted pursuant to this Terms shall be governed by the British Virgin Islands.
12.2. Dispute Resolution: We will use our best efforts to resolve any potential disputes
in good faith negotiations. In case of a dispute, you may contact us at British Virgin
Islands. If we aren't able to reach a resolution within sixty days of your email, we
both agree to resolve the potential dispute according to the process set. Any claim
or controversy arising out of or relating to any of our Services, this Terms, or any
other acts or omissions for which you may contend that we are liable, including,
but not limited to, any claim or controversy as to arbitrability (“Dispute"), shall be
finally and exclusively settled by arbitration under the British Virgin Islands. You
understand that you are required to resolve all Disputes by binding arbitration. The
arbitration shall be held on a confidential basis before a single arbitrator, who shall
be selected pursuant to British Virgin Islands. The seat and venue of arbitration
will be British Virgin Islands.
12.3. Class Action Waiver: You must bring any and all Disputes against us in your
individual capacity and not as a plaintiff in or member of any purported class action,
collective action, private attorney general action, or other representative
proceeding. This provision applies to class arbitration.
13. GENERAL
13.1. Assignment. The Terms, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated or otherwise transferred by you, by
operation of law or otherwise, without Crocodile Labs’ prior written consent, and
any attempted assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void.
13.2. Force Majeure. No party shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but not limited to,
acts of God, war, terrorism, riots, embargos, acts of civil or military authorities,
fire, floods, accidents, strikes or shortages of transportation facilities, fuel,
energy, labor or materials.
13.3. Notice. Any notice delivered via commercially reasonable means (e.g.,
airdropping notice to a Wallet address) shall be considered valid.
13.4. Waiver and Severability. Any waiver or failure to enforce any provision of the
Terms on one occasion will not be deemed a waiver of any other provision or of
such provision on any other occasion. If any portion of the Terms is held invalid
or unenforceable, that portion shall be construed in a manner to reflect, as nearly
as possible, the original intention of the parties, and the remaining portions shall
remain in full force and effect.
13.5. International Users. The Platform and other parts of the Services can be
accessed from countries around the world and may contain references to
services and content that are not available in your country. These references do
not imply that we intend to announce such services or content in your country.
13.6. Redressal Mechanism. If you have any questions, complaints or claims with
respect to the Services, please contact us at the contact information below. We
will do our best to address your concerns.
support@zkx.fi
13.7. Entire Terms. The Terms is the final, complete and exclusive agreement of the
parties with respect to the subject matter hereof and supersedes and merges all
prior discussions between the parties with respect to such subject matter.
