📃Terms of Service

Last Updated: October 1, 2024

Contact Email: [email protected]

PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH DEFINEST.AI. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

1. Acceptance of Terms

By accessing or using Definest.ai ("the Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legal and binding contract between you ("User" or "you") and Definest.ai ("Company," "we," "us," or "our"). If you do not agree with any part of these Terms, you must not use the Service.

2. Definitions and Interpretation

2.1 Definitions

  • "Agreement" includes these Terms of Service and all other agreements, acknowledgments, and authorizations executed by the User in connection with the use of the Services.

  • "Content" means any data, information, documents, or images provided on the Website, through the Services, or via our software applications, including any information on our social media platforms.

  • "Eligible Person" means a person who meets all the criteria outlined in Section 3.1.

  • "Intellectual Property Rights" include all intellectual property rights, whether registered or unregistered, such as patents, trademarks, trade secrets, copyrights, database rights, design rights, and any other proprietary rights.

  • "Prohibited Activities" are activities listed in Section 6.5.

  • "Prohibited Jurisdiction" refers to jurisdictions listed in Section 3.2.

  • "Services" refer to all services provided by Definest.ai, including the Wallet Finder and Copy Trading Bot.

  • "User Content" means any content, feedback, suggestions, ideas, or other information or materials about the Company or the Services that you provide to us.

  • "Virtual Assets" mean cryptocurrencies or digital assets that are based on blockchain or distributed ledger technology.

  • "Wallet" refers to a cryptocurrency wallet controlled by the User used in connection with the Services.

  • "Website" means https://definest.ai.

  • "U.S. Person" has the meaning set forth in Section 3.4.

2.2 Interpretation

  • References to clauses or sections are to those in this Agreement.

  • Words importing the singular include the plural and vice versa.

  • Headings are for convenience only and do not affect interpretation.

  • "Including" and similar words do not imply any limitation.

3. User Eligibility

3.1 Eligible Person

By using the Service, you represent and warrant that you are an Eligible Person, meaning you:

  • Are at least 18 years old or of legal age to form a binding contract under applicable law.

  • Are not a U.S. Person, as defined in Section 3.4.

  • Are not a resident or citizen of any Prohibited Jurisdiction listed in Section 3.2.

  • Are not physically present in any Prohibited Jurisdiction.

  • Are not included in any trade or economic sanctions lists, including but not limited to the United Nations Security Council Sanctions List, the U.S. Treasury Department's Specially Designated Nationals List, or any other sanctions list of the United States, Canada, the United Kingdom, the European Union, Singapore, or Switzerland.

  • Are not a politically exposed person.

  • Have the legal right to use the Service and own Virtual Assets in your jurisdiction.

  • Are not using the Service on behalf of any third party.

  • Are not subject to any law or regulation that would make your participation illegal, unauthorized, or otherwise violate any applicable laws or regulations.

3.2 Prohibited Jurisdictions

Prohibited Jurisdictions include, but are not limited to:

  • United States of America: All states of the United States, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States.

  • Province of Ontario, Canada

  • People’s Republic of China

  • Afghanistan

  • Algeria

  • Bangladesh

  • Belarus

  • Bolivia

  • Cambodia

  • Central African Republic

  • Congo

  • Democratic Republic of the Congo

  • Republic of Côte d'Ivoire

  • Crimea (a region of Ukraine annexed by the Russian Federation)

  • Self-proclaimed Donetsk People’s Republic (a region of Ukraine)

  • Self-proclaimed Luhansk People’s Republic (a region of Ukraine)

  • Kherson Oblast (a region of Ukraine)

  • Zaporizhzhia Oblast (a region of Ukraine)

  • Cuba

  • Ecuador

  • Egypt

  • Eswatini

  • Gambia

  • Iran

  • Iraq

  • Liberia

  • Libya

  • Malawi

  • Mali

  • Moldova

  • Morocco

  • Myanmar

  • Nepal

  • Niger

  • North Korea

  • Pakistan

  • Palestinian Territory

  • South Sudan

  • Sudan

  • Syria

  • Venezuela

  • Vietnam

  • Yemen

  • Zambia

  • Zimbabwe

Any state, country, or other jurisdiction that is sanctioned or embargoed by the United States, United Nations, United Kingdom, European Union, or Switzerland.

Any jurisdiction where it would be illegal under local law or regulation for you to hold or receive Virtual Assets, or where the distribution, sale, or purchase of Virtual Assets is prohibited or contrary to local law or regulation.

3.3 Politically Exposed Person

A "Politically Exposed Person" refers to individuals who are or have been entrusted with prominent public functions, as well as their immediate family members and close associates.

3.4 U.S. Person

A "U.S. Person" means:

  • Individuals:

    • A U.S. citizen.

    • A U.S. lawful permanent resident (green card holder).

    • An individual physically present in the United States.

    • An individual holding a U.S. passport.

  • Entities:

    • Any corporation, partnership, limited liability company, trust, or other entity organized or incorporated under the laws of the United States.

    • Any entity with a principal place of business in the United States.

  • Trusts and Estates:

    • Any trust or estate where a U.S. Person has more than 50% beneficial interest.

  • Other Persons:

    • Any person who is subject to U.S. taxation on worldwide income.

    • Any person otherwise considered a U.S. Person under Regulation S of the U.S. Securities Act of 1933.

4. User Representations and Warranties

By accessing or using the Services, you represent and warrant that:

  • Legal Capacity: You have full legal capacity and authority to enter into these Terms.

  • Authority: If acting on behalf of an entity, you have all necessary rights and authority to bind such entity.

  • Compliance with Laws: Your use of the Services complies with all applicable laws and regulations in your jurisdiction.

  • Understanding of Risks: You understand the inherent risks associated with Virtual Assets and trading, including the risk of substantial or total loss.

  • Independent Evaluation: You have conducted your own independent investigation and analysis of the Services and Virtual Assets.

  • Knowledge and Experience: You are knowledgeable and experienced in blockchain technology, smart contracts, and Virtual Assets.

  • Financial Capability: You have sufficient investment knowledge and are capable of evaluating the merits and risks of trading in Virtual Assets.

  • Decision-Making: You are solely responsible for any decisions made using the Services.

  • Legitimate Use: You will not use the Services for any illegal activities, including money laundering, terrorist financing, or fraudulent activities.

  • Ownership of Wallet: You own and have full control over the Wallet used in connection with the Services.

  • Legitimate Funds: The funds used in connection with the Services are derived from legitimate sources.

  • Sanctions Compliance: You are not on any sanctions list or involved in any activities subject to sanctions.

  • Tax Obligations: You are responsible for determining any taxes applicable to your transactions and for reporting and remitting the correct amounts to the appropriate tax authorities.

  • Professional Advice: You have had the opportunity to seek legal, tax, accounting, and other professional advice regarding these Terms and the Services.

  • Acknowledgment of No Registration: You acknowledge that the Services are not registered with any regulatory body or securities commission, and that the Company is not registered or licensed with any regulator as an investment adviser, broker-dealer, money services business, money transmitter, or virtual currency business.

  • Technological Understanding: You have a working understanding of the usage of Virtual Assets, smart contracts, and blockchain-based software systems.

  • No Reliance on Representations: You have not relied upon any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of the Company, except as expressly set forth in these Terms.

  • Data Privacy Compliance: You agree to comply with all applicable data protection and privacy laws, including providing any necessary consents for the collection and use of your personal data as outlined in our Privacy Policy.

  • Export Control Compliance: You acknowledge that the use of the Services may be subject to international export control and economic sanctions requirements, and you agree to comply with all applicable export laws.

5. No Representations and Warranties by the Company

Definest.ai provides the Services on an "AS IS" and "AS AVAILABLE" basis, without any representations or warranties of any kind, express or implied. We specifically disclaim:

  • No Warranty of Merchantability: We make no warranty that the Services are merchantable or fit for any particular purpose.

  • No Warranty of Fitness for a Particular Purpose: We do not warrant that the Services will meet your specific requirements.

  • No Warranty of Non-Infringement: We make no warranty that the Services do not infringe on any intellectual property rights.

  • No Warranty Regarding Value or Performance: We do not warrant the value, technical specifications, performance, or functionality of the Services.

  • No Warranty of Accuracy: We do not warrant that the Services are accurate, complete, reliable, current, or error-free.

  • No Warranty Against Viruses: We do not warrant that the Services are free of viruses or other harmful components.

  • No Liability for Losses: We expressly disclaim responsibility for any damage, loss, penalty, cost, or expense, whether direct or indirect, incidental, consequential, special, punitive, or economic, arising out of or in connection with:

    • Regulatory Violations: Your use of the Services in violation of any anti-money laundering, counter-terrorism financing, or other regulatory requirements.

    • Breach of Agreement: Your violation of any representation, warranty, obligation, covenant, or provision of these Terms.

    • Unauthorized Access: Any unauthorized data interception, interruption, transmission blackout, or delays during the delivery of the Service and placing any orders.

    • Technical Failures: Delays, failures, or errors in transmitting orders through the Services.

    • Loss of Virtual Assets: Loss of Virtual Assets due to failure to safeguard your Wallet, including loss, destruction, theft, or accidental disclosure of private keys, or not utilizing the proper type of Wallet.

    • Third-Party Dependencies: Disruptions or failures caused by third-party services, networks, or systems upon which the Services depend.

    • Security Vulnerabilities: Any security breaches, cyber attacks, or unauthorized access resulting in loss or damage.

    • Regulatory Changes: Any changes in laws or regulations that may affect the use or value of Virtual Assets or the legality of the Services.

6. General Use, Prohibited Use, and Termination

6.1 Limited License

We grant you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services through your internet-compatible devices for your personal and internal purposes, subject to these Terms. This license is provided solely for approved purposes as permitted by us from time to time.

No Transfer of Rights: When you use the Services, we do not transfer any Intellectual Property Rights to you.

6.2 No Right to Use

Except as expressly provided in these Terms, you are not granted any rights to use our Intellectual Property Rights. You agree that:

  • Personal Use Only: You may only view and use the Services, Website, Content, or User Content for your own personal use.

  • No Copying or Distribution: You may not copy, reproduce, republish, upload, repost, modify, transmit, distribute, or otherwise use the Services, Website, Content, or User Content for non-personal, public, or commercial use without our prior written consent.

  • No Removal of Notices: You may not remove or modify any copyright, trademark, or other proprietary notices placed in any part of the Website, Content, User Content, or Services.

  • No Derivative Works: You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content or User Content.

  • No Data Mining or Scraping: You may not use any data mining, robots, or similar data-gathering or extraction methods.

6.3 Proprietary Rights

The Services are owned and operated by Definest.ai. All materials included in the Services, including but not limited to visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, and services are protected by intellectual property and other laws.

Ownership: All materials are the property of Definest.ai or its third-party licensors.

Reservation of Rights: We reserve all rights not expressly granted in these Terms.

6.4 User Content

By submitting any User Content, you represent and warrant that:

  • Rights to Content: You are entitled to and have all necessary Intellectual Property Rights for the User Content submitted.

  • No Violation of Rights: Your User Content does not violate any third-party rights, including Intellectual Property Rights or rights to privacy.

  • License to Us: You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

  • Waiver of Moral Rights: You waive any moral rights you may have in such content.

Disclosure of Identity: We reserve the right to disclose your identity to any third party who claims that your User Content constitutes a violation of their Intellectual Property Rights or of their right to privacy.

No Compensation: You have no right and hereby waive any request for acknowledgment or compensation based on any User Content or any modifications based on any User Content.

6.5 Prohibited Activities

In connection with your access and use of the Services, you agree not to:

  • Commercial Use: Use the Services for resale or commercial purposes, including transactions on behalf of other persons or entities.

  • Legal Violations: Violate or assist any party in violating any law, statute, ordinance, regulation, or rule.

  • Market Manipulation: Engage in trading activities that amount to or may amount to market abuse, including pump and dump schemes, fictitious transactions, wash trading, front running, spoofing, layering, or any other manipulative or deceptive practices.

  • Simultaneous Orders: Place or accept simultaneous buy and sell orders that could potentially execute against each other.

  • Fraudulent Activities: Engage in any money laundering, terrorist financing, or fraudulent activity.

  • Infringement: Infringe upon our Intellectual Property Rights or any third party's intellectual property rights.

  • System Interference: Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or detrimentally interferes with, intercepts, or expropriates any system, data, or information.

  • Malware: Transmit or upload any material that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.

  • Unauthorized Access: Attempt to gain unauthorized access to the Services or related systems.

  • Automated Access: Use any deep linking, web crawlers, bots, spiders, scripts, algorithms, or similar manual processes to access, obtain, copy, or monitor any part of the properties.

  • Security Testing: Probe, scan, or test the vulnerabilities of the Services or any network connected to the properties.

  • False Information: Provide false, inaccurate, incomplete, or misleading information when requested.

  • Reverse Engineering: Reverse engineer or disassemble any aspect of the Services in an effort to access any source code, underlying ideas, or algorithms.

  • Transfer of Rights: Transfer any rights granted to you under these Terms.

  • Unacceptable Behavior: Engage in any behavior that violates these Terms or is otherwise deemed unacceptable by us in our sole discretion.

  • Circumvent Access Controls: Attempt to circumvent any content filtering techniques or security measures we employ to restrict access to the Services or to prohibited jurisdictions.

  • Unauthorized Marketing: Use the Services for any unauthorized or unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation.

6.6 Password Security; Contact Information

  • Security Responsibility: You are responsible for maintaining adequate security and control of any and all user IDs and passwords that you use to access the Services.

  • Unauthorized Use: If you suspect or become aware of any unauthorized use of your account or any other breach of security, you should notify us immediately.

  • No Liability: We assume no liability for any loss or damage arising from your failure to comply with this section or from any unauthorized access to your account.

6.7 Unaffiliated Third-Party Access

  • Third-Party Permissions: If you grant express permission to an unaffiliated third party to access your account or Wallet, you acknowledge that granting permission does not relieve you of any responsibilities under these Terms.

  • Responsibility for Third Parties: You are fully responsible for all acts or omissions of any unaffiliated third party with access to your account or Wallet.

  • Indemnification: You agree to indemnify us from any liability arising out of or related to any act or omission of any unaffiliated third party with access to your account or Wallet.

6.8 Accuracy of the Website and Related Media

  • No Guarantee of Accuracy: While we strive to provide accurate and timely information, the Content may not always be entirely accurate, complete, or current and may include technical inaccuracies or typographical errors.

  • Changes without Notice: Information may be changed or updated without notice, including information regarding our terms, policies, products, and services.

  • Verification Responsibility: You should verify all information before relying on it, and all decisions based on information contained on the Website or provided by the Services are your sole responsibility.

  • Third-Party Links: Links to third-party websites or materials are provided for convenience and do not constitute an endorsement by us. We are not responsible for the content or services of any third-party sites.

6.9 Termination

We reserve the right, in our sole discretion, to:

  • Immediate Termination: Terminate or suspend your access to the Services immediately, without prior notice, for any reason, including violation of these Terms.

  • Refusal of Service: Refuse service to anyone for any reason.

Effect of Termination:

  • License Termination: Your license rights will terminate, and you must immediately cease all use of the Services.

  • Access Revocation: You will no longer be authorized to access or use the Services.

  • Outstanding Obligations: Any outstanding fees or charges will become due.

  • Survival of Terms: Sections of these Terms that by their nature should survive termination will remain in effect.

7. Services and Fees

7.1 Eligibility

Accessing and using the Services is intended only for Eligible Persons as defined in Section 3.1. If you are not an Eligible Person, you must not access or use the Services. If you are acting on behalf of a person that is not an Eligible Person, you must not access or use the Services.

7.2 Order Execution

  • Execution Risks: Due to factors such as network delays, system failures, or other force majeure events, the Services may experience delays, suspensions, or deviations.

  • No Guarantee of Execution: We use commercially reasonable efforts to ensure the Services operate effectively but do not guarantee that orders will be executed without errors or delays.

  • No Liability for Execution Issues: We are not responsible if the execution of trades does not meet your expectations due to such factors.

7.3 Fees

  • Fee Obligation: Accessing and using the Services may require payment of fees. You agree to pay all applicable non-refundable fees.

  • Fee Disclosure: Before you pay any fees, you will have an opportunity to review and accept the fees that will be charged.

  • Types of Fees:

    • Transaction Fees: Buying, selling, or transferring Virtual Assets through the Services may be subject to fees, commissions, royalties, and other charges, including:

      • Exchange Fees: Standard exchange service fees associated with blockchain transactions.

      • Gas Fees: Fees paid to blockchain miners for processing transactions.

  • Fee Changes: Fees may change with or without prior notice. We reserve the right to determine pricing and may update fees at any time.

  • Fee Collection: You authorize us to automatically deduct fees directly from your account or transaction amounts.

  • Non-Refundable: All fees are specified in Virtual Assets or fiat currency and are non-refundable.

7.4 KYC and AML Compliance

  • Right to Require KYC/AML Verification: We reserve the right to require you to complete Know Your Customer (KYC) and Anti-Money Laundering (AML) verification processes before accessing certain Services.

  • Compliance Requirement: You agree to provide all information and documentation we request for compliance purposes.

  • Reporting Obligations: We may be required to report suspicious activities to relevant authorities and comply with applicable laws and regulations.

  • Refusal of Service: Failure to complete the KYC/AML process may result in suspension or termination of your access to the Services.

7.5 Suspension of Services

  • Right to Suspend or Terminate: We reserve the right, in our sole discretion, to suspend or terminate the Services to specific users or all users at any time and for any reason.

  • No Liability: We are not liable for any losses or damages resulting from such suspension or termination.

8. General Risk Disclosures

Trading Virtual Assets involves significant risk, and you should not trade more than you can afford to lose. The following list of risks associated with Virtual Assets and the Services is not exhaustive.

  • Market Volatility: Prices of Virtual Assets are highly volatile and may fluctuate dramatically over short periods.

  • Regulatory Risks: Changes in laws or regulations can affect the use or value of Virtual Assets and may impact the legality of the Services in certain jurisdictions.

  • Technological Risks: Technical issues, cyber attacks, or system failures may impact the Services and result in loss or delay.

  • Operational Risks: The Services may experience unexpected interruptions or delays due to factors beyond our control.

  • Security Risks: Despite implementing security measures, the Services may be vulnerable to hacking, malware, or other security breaches.

  • Third-Party Dependencies: The Services rely on third-party services, networks, and systems, which may experience disruptions affecting the Services.

  • Legal and Compliance Risks: You are responsible for complying with all applicable laws and regulations, and failure to do so may result in legal consequences.

  • No Advice: We do not provide investment, tax, or legal advice. You should consult your own advisors before making decisions.

By using the Services, you acknowledge and accept these risks. You represent that you have been, are, and will be solely responsible for making your own independent appraisal of the risks and merits of any transaction.

USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THESE TERMS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.

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