General Terms of Use
WE ARE NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR COMMODITY FUTURES EXCHANGE COMMISSION IN ANY CAPACITY. THE SERVICES WERE NOT DEVELOPED FOR, AND ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES OF AMERICA
YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT BROKER TRADING ORDERS ON YOUR BEHALF. WE ALSO DO NOT FACILITATE THE EXECUTION OR SETTLEMENT OF YOUR TRADES, WHICH OCCUR ENTIRELY ON PUBLIC DISTRIBUTED BLOCKCHAINS.
1. General
1.1. These general terms of use, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that EVEDEX (“Evedex”, “we,” “us” and “our”) posts publicly or makes available to you or the company or other legal entity you represent (“you” or “your”) (collectively, the “Terms”), are entered into between Evedex and you concerning your use of, and access to:
1.1.1. Evedex websites, including evedex.com (and their respective subdomains), mobile applications (collectively, the “Site”);
1.1.2. all services available via the Site, including the Interface; and
1.1.3. affiliate program.
(collectively the “Services”).
1.2. Please note that the Services may be provided by different entities depending on the Service and/or your location.
1.3. Please read these Terms carefully, as these Terms govern your use of the Services. These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Services. By clicking “I agree” (or a similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using the Services, you accept and agree to be bound by and to comply with these Terms. If you do not agree to these Terms, then you must not access or use the Services.
2. Eligibility
2.1. 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) and have the full right, power, and authority to enter into and comply with the Terms on behalf of yourself and any legal entity for which you may access or use the Services. If you are entering into the Terms on behalf of an entity, you represent to us that you have the legal authority to bind such entity.
2.2. You further represent that: (a) you are not a resident of the U.S., (b) 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, or (c) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions.
2.3. We make no representations or warranties that the information, products, or services provided through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration or licensing requirement with, such jurisdiction. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
2.4. Finally, you represent that your access and use of any of our services will fully comply with all applicable laws and regulations, and that you will not access or use any of our services to conduct, promote, or otherwise facilitate any illegal activity.
3. Our Services
3.1. The Interface: the Interface is provided in accordance with the “Terms of Use: Interface”, which are deemed included to these Terms by reference.
3.2. Affiliate program: the affiliate program is provided under our Affiliate Agreement, which is deemed included to these Terms by reference.
3.3. Third Party Services and Content. Our services may include integrations, links or other access to third party services, sites, technology, content and resources (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. You, and not Evedex, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Evedex enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our services are between you and the third party. Evedex will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
3.4. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within our services, please see our Privacy Policy. Evedex has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.
4. Your Responsibilities
4.1. By using or accessing the Site and the Services, you represent and warrant that
4.1.1. you understand that there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that Evedex is not responsible for any losses or damages associated with these risks.
4.1.2. you are solely responsible for safeguarding wallet seed phrases and account credentials;
4.1.3. you understand that we do not guarantee profits or prevent manipulative strategies by copy traders, and you are fully responsible for the chosen trading strategy;
4.1.4. you understand that your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Company to allow you the access to the Services; and
4.1.5. you understand that cryptography is a progressing field with advances in code cracking or other technical advancements, which may present risks to digital assets and the services, and could result in the theft or loss of your digital assets.
4.2. You acknowledge that we are not responsible for any of these variables or risks, do not own or control the protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Services.
4.3. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Services.
4.4. By using the Services, you expressly waive and release the Company from any and all liability, claims, causes of action or damages arising from or in any way relating to your use of the Services, including in respect of any trading losses, liquidation events, or other financial impact; any reliance on market data, token values, or information displayed on the Site or vie the Services, which may be inaccurate or delayed; any regulatory, tax, or legal consequences arising from your use of the Services.
5. Prohibited Activity
5.1. You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to the Services:
5.1.1. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law;
5.1.2. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks;
5.1.3. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
5.1.4. Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading;
5.1.5. Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States;
5.1.6. Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items, including money laundering activities;
5.1.7. Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our services;
5.1.8. Unlawful actions. Activity that violates any applicable law, rule, or regulation in any relevant jurisdiction, including, but not limited to, anti-money laundering and anti-terrorist financing laws, regulations related to the restrictions and sanctions;
5.1.9. Breach of the Terms;
5.1.10. Circumvention of any content-filtering techniques, security measures or access control, including through the use of a VPN;
5.1.11. Use of any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services, to extract data, or to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;
5.1.12. Activity that employs bots, scripts, or other automated methods of interaction with the Site or other Services which disrupt the normal functioning of the Site, Protocol or related systems;
5.1.13. Activities aimed at exploitation of vulnerabilities in the trading, leveraging or liquidation mechanisms of the Protocol;
5.1.14. Providing false, inaccurate, or misleading information while using the Site;
5.1.15. Use or access the Site or Services to transmit digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
5.1.16. access the Services from a jurisdiction (including an IP address in a jurisdiction) that we have, in our sole discretion, determined is a jurisdiction where the availability of the Services is prohibited, including through the VPN; and
5.1.17. Attempt to engage, or procure third parties to engage, in any of the activities prohibited under this section or any other provision of these Terms.
5.2. If you are engaged in any prohibited activity, we may immediately terminate these Terms with you, restrict your access to the Site and Services and you agree to indemnify and hold harmless the Company and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to such prohibited activity.
6. Non-Custodial; No Fiduciary Duties; No Financial Advice
6.1. We provide a purely non-custodial applications, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our services will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
6.2. These Terms are not intended to, and does not, create or impose any fiduciary duties on us. 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 these Terms.
6.3. Any information provided on the Site and in the course of the Services is for informational purposes only and should not be construed as professional, technical, operational, investment, financial, legal or other advice.
6.4. Any information available on the Site or through the Services may be incomplete, outdated, or inaccurate. You are solely responsible for verifying the accuracy and relevance of such information before making any decisions or taking any action. Before you make any professional, technical, operational, investment, financial, legal or other decisions, you should seek independent professional advice from the appropriate third-party.
7. Modifications of these Terms or our Services
7.1. Modifications of these Terms. We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any material modifications, we will notify you by updating the date at the top of these Terms and by maintaining a current version of these Terms at https://www.evedex.com/. All modifications will be effective when they are posted, and your continued accessing or using any of the services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms you must immediately stop accessing and using all of our services.
7.2. Modifications of our Services. We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to any of the Services; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Services.
8. Intellectual Property Rights
8.1. We own all intellectual property and other rights in each of our Services and its respective contents, including, but not limited to, software, databases, text, images, trademarks, service marks, copyrights, patents, designs, and any other intellectual property, unless stated otherwise. Subject to the terms of these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Services solely in accordance with these Terms. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our intellectual property for any purpose other than as expressly permitted under these Terms. Except as set forth under these Terms, we grant you no rights to any of our Services, including any intellectual property rights.
8.2. By using any of our Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, including bug reports, feedback, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through any of our Services for our current and future business purposes, including to provide, promote, and improve the Services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon any suggestions or feedback for any purpose.
8.3. Third-Party Resources and Promotions. Our services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of our services. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotion.
9. Additional Rights
9.1. We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
9.2. We may introduce verification process, if this is required by applicable laws and regulations in respective jurisdiction.
9.3. We may use publicly available information, as well as Third-Party Services, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats.
10. No Warranties
10.1. Unless states otherwise in the Terms, The 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 the Services is at your own risk. No advice, information, or statement that we make should be treated as creating any warranty concerning the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Services.
10.2. We make no warranties or representations, express or implied, about linked third party services, the third parties they are owned and operated by, the information contained on them, assets available through them, or the suitability, privacy, or security of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of third-party services, third-party websites, applications, or resources. We shall not be liable under any circumstances for damages arising out of or in any way related to software, products, services, and/or information offered or provided by third-parties and accessed through the Site.
11.Limitation of Liability
11.1. Under no circumstances shall we be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of or inability to access or use the Services, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or the information contained within them, whether such damages are based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Services, even if an authorized representative of the Company has been advised of or knew or should have known of the possibility of such damages. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Services; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function of the Services; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site or Services; and (g) the defamatory, offensive, or illegal conduct of any third party.
11.2. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Site or Services.
11.3. If applicable law does not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred USD dollars ($200.00) or its equivalent in the local currency of the applicable jurisdiction.
11.4. The foregoing disclaimer will not apply to the extent prohibited by law.
12. Indemnification
12.1. You agree to hold harmless, release, defend, and indemnify us, our affiliates, our and our affiliates' respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "Indemnified Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to:
12.1.1. your access and use of any of our Services;
12.1.2. your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation;
12.1.3. any other party's access and use of the Services with your assistance or using any device or account that you own or control;
12.1.4. any dispute between you and any other user of the Services; and
12.1.5. any dispute between you and any of your own customers or users.
12.2. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any Indemnified Party without our written consent.
13. Governing Law
13.1. You agree that the English laws, without regard to principles of conflict of laws, govern these Terms and any dispute between you and us.
14. Dispute Resolution
14.1. We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. If we are not able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the arbitration clause herein.
14.2. Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
14.3. 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 LCIA rules. The arbitration will be held in London, unless you and we both agree to hold it elsewhere.
14.4. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party.
14.5. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a court of England located in London.
15. Assignment
15.1. You may not assign or transfer agreement between us, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer the agreement without our prior written consent shall be null and void. We may freely assign or transfer these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
16. Notice
16.1. We may provide any notice to you under these Terms using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
17. Severability
17.1. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
18. Entire Agreement
18.1. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. These Terms supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the Terms.
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