TERMS OF SERVICE
DEXCELERATE
TERMS OF SERVICE
Last Modified: 28 April 2024
Welcome to Dexcelerate!
These terms of service govern the use of the Services (as defined below) provided by Innovexai Limited, a company incorporated under the laws of Cyprus (“Company“ or “we“), to you, the person or entity who accesses or uses the Services (“User“ or “you“).
These terms of service, together with any other agreements, policies (including the Privacy Policy available at: [LINK] or any other terms incorporated thereto by reference) shall hereby be collectively referred to as the “Terms“.
By accessing or using our Services, you acknowledge that you have read and understood all terms and conditions hereunder and agree to be bound by these Terms. Your use of the Services is expressly conditioned on your compliance and consent with these Terms. If you do not agree to any of the provisions of the Terms you should immediately stop using the Services.
Please note that any use of the Services is strictly prohibited if it violates the laws of your jurisdiction, or if you are not a Restricted Person or a resident of a Restricted Jurisdiction. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR USE OF THE SERVICES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION, AND THAT YOU ARE ABOVE THE AGE OF MAJORITY AS DETERMINED BY THE APPLICABLE LAW IN YOUR JURISDICTION. YOU FURTHER AGREE AND ACKNOWLEDGE THAT THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH THIRD-PARTY SERVICES (SEE SECTION 3 BELOW).
THE SERVICES
The Company is the owner and developer of a proprietary platform available at https://dexcelerate.com/ and any of its subdomains (the “Website“). The Website offers a non-custodial interface allowing Users to write and deploy trading orders to external decentralized and peer-to-peer protocols, including, without limitation, decentralized exchanges and protocols (collectively, “Dapp(s)“). The Website and any content, material, product, functionality, or feature provided or made available through the Website (except for Third-Party Services) shall be collectively referred to as the "Services".
The Services may include, without limitation, the following features available to Users: (i) connecting Users' personal self-custody cryptocurrency wallets (“User Wallets“) to the Website interface; (ii) writing and deploying blockchain-based smart contracts transmitting market trading orders in cryptocurrencies to various Dapps (“Slots“); (iii) depositing and withdrawing funds from User Wallets to Slots and vice-versa; (iv) accessing dashboard interface displaying Users' trading positions and performance. All Services provided by the Company are strictly non-custodial. This means that the User maintains complete control and ownership of their funds and activities at all times. The Company does not hold or store any user funds, assets or private keys on behalf of the Users. Users retain full control and autonomy over their digital assets, including the ability to deposit, withdraw and transfer funds or deploy any Slots. The User acknowledges and agrees to assume full responsibility for safeguarding its private keys and all potential risks arising from such activity, including loss of funds in the event of unauthorized access, security breaches, loss or destruction .
The Services are not, nor should they be considered as, the provision of investment advice, portfolio management, broker-dealer or investment services, safekeeping or fiduciary services, or any other financial service in connection to Users' funds, Wallets and Slots. By using the Services, User agrees that the Company shall not provide custody of crypto assets and shall not have control over User's private keys or funds. User shall be solely responsible for the retention and security of private keys and any passwords or credentials associated with the User Wallet and Slots. Accordingly, the Company shall have no responsibility or liability whatsoever in the event User is unable to access User Wallets and Slots for any reason, including without limitation failure to keep its private keys and passwords secure.
RESTRICTIONS ON USE
In order to provide you with the Services, Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license and use of the Services do not include the right to:
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services, or any content made available through the Services.
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services.
access the Services or any content made available through our Website in order to build a similar or competing website, product, application or service, unless otherwise agreed to or licensed by us.
reproduce, duplicate, copy or re-sell any part of our Services, unless otherwise agreed by us pursuant to a written licensing agreement.
Without derogation from any other restrictions on your use of the Services contained herein or elsewhere in these Terms, you may only use the Services for lawful purposes, and you will not:
use the Services in any way which breaches any applicable local, national or international law or regulation, including without limitation anti-money laundering and counter-terror financing, export control and sanctions or market abuse laws.
use the Services for any illegal activity, including but not limited to carrying any manipulative or abusive trades, money laundering, terror financing, blackmail, extortion, ransom, trafficking, illegal gambling, or to circumvent any applicable laws.
attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services).
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
use the Services (including any webpage or data that passes through our web domain), domain names, URLs, databases, functions or its content other than for private and non-commercial purposes (unless subject to our written permission and under a commercial contract between us regarding your commercial use).
upload or otherwise provide to the Company any data or information which (a) you are restricted from disclosing pursuant to any confidentiality agreement with any third party or prohibited under any applicable law; or (b) any sensitive data or information including, without limitation, related to health, financial or payment data, or otherwise personally identifiable data.
use any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from the Services without our prior written consent.
act in any way which would infringe the intellectual property, or any other proprietary rights, of the Company or of any person or entity.
attempt to harvest, collect, gather or assemble information or data regarding the Website, the Services, the content or any other user of the Services.
The use and access to the Services is specifically prohibited for citizens, nationals, residents (tax or otherwise), or any person, legal or natural, organized in, or national card holders of each of, among others: (i) Cuba, Iran, North Korea, Syria, Iraq, and Venezuela; or (ii) a country or territory that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by the United States or European Union any country or government or inter-governmental organization; or (iii) any other jurisdiction which prohibits the use of the Services or receipt of Services or any such similar activity (collectively, the “Restricted Jurisdictions“) or; (iv) for any other Restricted Persons are not permitted to use or access the Services. The term “Restricted Persons” refers to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is: (i) established or lawfully existing under the laws of a Restricted Jurisdiction; or (ii) is listed on a sanctions list by the governments of the United States, the European Union or any EU member state.
The Company retains the right to terminate, restrict or suspend your account or the provision of Services, without any notice, if we suspect or determine, in our sole discretion, that you have used the Services for any unlawful or prohibited activity or violated any provision of this Section 2, or if you (or any affiliate entity) have previously been suspended or removed from the Services.
THIRD PARTY SERVICES
The Services may contain links, provide access to or interact with various websites, platforms, applications, services, interfaces, software programs, protocols, and other various products that are not operated or maintained by the Company ("Third-Party Services"). Third Party Services accessible through our Services may include User Wallets, Dapps (decentralized exchanges and protocols), information service providers (e.g., market data and asset tracking aggregators) or public blockchains.
By accessing the Services, User hereby agrees that Third-Party Services are not under the Company’s control and the Company is not responsible for (i) the functionality, availability, security, performance or quality of Third-Party Services; (ii) the fulfillment and execution of actions (including Slots) through Third-Party Services; (iii) to any content, output or information derived thereof or to its completeness or accuracy (including in respect of quotes, exchange rates, returns and all other market data and real-time price data); or (iv) any decision you make based on information derived from Third-Party Services. Any use or access of Third-Party Services via our Services will be carried by the User connecting and interacting with the User Wallet in such Third-Party Services, without any involvement or control by the Company. Access to Third-Party Services may be geo-blocked for residents of certain jurisdictions and not available to you.
By accessing and using Third Party Services, the User acknowledges and understands the risks associated with such services, including without limitation potential data breaches, security vulnerabilities, cyberattacks, system outages, and operational disruptions.
The Company makes no assurance that any security measures that we or Third-Party Services have implemented will be effective against current or future security threats. Third-Party Services could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customers’ data.
YOU ACKNOLWLEDGE AND AGREE THAT ANY USE OF THE THIRD-PARTY SERVICES VIA OUR SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISKS WITH RESPECT TO THE THIRD-PARTY SERVICES, IS SOLELY YOURS.
By using our Services, you expressly acknowledge and agree that YOUR INTERACTION WITH Third-Party Services through the Services does not imply the Company’s endorsement or recommendation or that the Company is affiliated with the owners or developers of Third-Party Services. your relationship with Third-Party Services is governed by the applicable terms of service of such products and services. the company shall not be not liable for any loss or damage which may be incurred by you as a result of using Third-Party Services, or as a result of any reliance on the completeness, content or accuracy or existence of any Third Party Services.
FEES AND TAXES
Our Services may be subject to fees and commissions charged by us ("Fees") (excluding and in addition to any fees imposed by Third-Party Services). All applicable Fees, if any, shall be posted on our Website. By using the Services, you agree to pay all applicable Fees in due as set by the Services. The Company reserves the right to modify the rates and amounts of Fees from time to time after notifying users in advance via our Website. Your continued use of our Services shall be considered as your consent and to such changes. For the avoidance of doubt, the Company shall have no responsibility to notify users of changes to fees imposed by Third-Party Services, for which you are solely responsible to monitor and pay. You are also solely responsible to determine whether any taxes apply to any transaction via the Services and to withhold, collect, report and remit the correct amount of tax to the applicable tax authorities.
INTELLECTUAL PROPERTY
The Company owns (or has valid authorizations or licenses required for) the Services, including all worldwide intellectual property rights in the Services, and the trademarks, copyrights, service marks, and logos contained therein (subject to such trademarks, copyrights service marks, and logos which are expressly denoted as belonging to third parties).
All rights in the foregoing and all rights not expressly granted hereunder are reserved by the Company to the fullest extent permitted under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback.
Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services, any content appearing on the Services, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any content; (b) use any robot, spider, website search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (c) harvest, collect or mine information about users of the Services.
BREACH OF OUR TERMS
We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following (without limiting any right or remedy available to us under applicable laws):
The immediate, suspension or permanent removal of your right to use our Services;
Issuing a warning to you;
Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude any and all liability for all actions we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
DISCLAIMERS OF WARRANTIES
By using our Services, you fully acknowledge that (i) the Company is not a regulated service provider and is not supervised by any financial regulatory authority and (ii) that the Services are not regulated under any investor protection, banking or financial services laws or any crypto assets regulatory framework and you will not benefit from protections, insurance and remedies that are available to clients of regulated services against any damages arising from your use of the Services or Third-Party Services via our Website or App. The Services pose a high risk of financial loss and you should consider seeking independent and professional advice before using them.
You expressly acknowledge and agree that the Company neither endorses nor recommends any Third Party Services to which orders initiated by the Slots will be routed to. The company is not responsible for your interaction with Third Party Services and shall not be held liable for losses incurred as a result of your use of such Third party Services through the Website.
THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILBLE" AND "WITH ALL FAULTS" BASIS, AND THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF THE SERVICES, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY YOUR DECISIONS FOLLOWING THE USE OF SERVICES OR BY ANY THIRD-PARTY PLATFORMS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE USE OF THE SERVICES IS AT THE USER'S SOLE RESPONSIBILITY AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY DAMAGE OR LOSS THAT MAY BE CAUSED, EITHER DIRECTLY OR INDIRECTLY, DUE TO THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION TO ANY FINANCIAL OR INVESTMENT DECISION FOR WHICH YOU SHALL BE SOLELY RESPONSIBLE.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS AND PURPOSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, OR ANY MONETARY OR FINANCIAL DAMAGES ARISING FROM DECISIONS YOU MAKE AFTER THE USE OF SERVICES, IS SOLELY YOURS.
THE SERVICES DO NOT CONSTITUTE PERSONALISED INVESTMENT RECOMMENDATIONS OR ADVICE BASED ON YOUR SPECIFIC NEEDS AND RISK TOLERANCE. YOU ARE REPONSIBLE TO CONDUCT INDEPENDENT RESEARCH AND CONSULT WITH A FINANCIAL ADVISOR OR PROFESSIONAL BEFORE MAKING ANY INVESTMENT DECISION.
THE COMPANY EXPRESSLY DISCLAIMS ANY ROLE AS A BROKER, FINANCIAL ADVISOR, OR FINANCIAL SERVICE PROVIDER IN ANY CAPACITY. THE COMPANY DOES NOT FUNCTION AS A CUSTODIAN AND DOES NOT MAINTAIN FUNDS ON BEHALF OF USERS AS PART OF ITS SERVICES. THE COMPANY DOES NOT PROVIDE RECOMMENDATIONS OF ANY KIND AND SHALL NOT BE HELD RESPONSIBLE FOR ANY INVESTMENT ACTIONS TAKEN BY USERS.
FURTHER, THE COMPANY HAS NO ABILITY TO CONTROL THE ACTIONS PERFORMED BY YOU OR THE SLOTS AT ANY STAGE OF USING THE SERVICES AND DOES NOT HAVE THE ABILITY TO CHANGE ACTIONS THAT HAVE ALREADY BEEN EXECUTED.SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FINANCIAL LOSSES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, IMPROPER USE OF THE SERVICES, OR ANY DAMAGES OR LOSSES CAUSED BY YOUR DECISIONS AFTER AND DURING USING THE SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES.
YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SERVICES FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICES.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, with respect to any third party claims that arise from or relates to:
your access, use or misuse of the Services;
your breach of any provision of these Terms or of any applicable law, contract, policy, regulation or other obligation;
your negligence, intentional misconduct, or fraud.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.
CHANGES TO THE SERVICES
Subject to any applicable law, we reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Services without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications.
IT IS HERBY CLEAREFY THAT ANY CHANGES MADE TO THE SERVICE AS SPECIFIED UNDER THIS SECTION 10 SHALL NOT CHANGE ANY PRIOR ACTIONS TAKEN BY YOU, AND THE COMPANY DOES NOT POSSESS THE CAPABILITY TO CHANGE THESE ACTIONS IN ANY MANNER.
TERM AND TERMINATION
These Terms commence upon your first use of the Services and will remain in effect until terminated or expired. You may stop using the Services at any time, at your sole discretion. The Company may stop providing the Website and the App and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in these Terms will end; (b) you shall stop using the Services.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General parts hereunder will survive the termination or expiration of the Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Cyprus and the Cypriot courts shall have exclusive jurisdiction over all disputes between the parties related to these Terms. Notwithstanding the foregoing, the Company may file a suit for collection of payment in any country where you or your entity are located.
GENERAL
Changes to Terms. The Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website and App. You are responsible for checking the Website and App regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
Entire Agreement. These Terms contain the entire agreement between the Company and you relating to your use of the Services and supersedes any and all prior agreements between Company and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by the Company in these Terms.
Assignment. You may not assign your rights or delegate your obligations under these Terms without the Company's prior written consent. Any purported assignment contrary to this section will be null and void and without effect. The Company may assign its obligations under these Terms without your consent and without notice or obligation to you.
No Third-Party Rights. There are no third-party beneficiaries to these Terms.
Force Majeure. The Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) pandemics, natural disasters, war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, or (d) other similar cause beyond Company's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company's reasonable control.
COMMUNICATION
If you have any questions about these Terms or about the Company in general, please contact us: shali1995@gmail.com.
Please note that depending on the nature of your inquiry, and in order to allow the appropriate handling thereof, we may request that you provide additional information.
DEXCELERATE
TERMS OF SERVICE
Last Modified: 28 April 2024
Welcome to Dexcelerate!
These terms of service govern the use of the Services (as defined below) provided by Innovexai Limited, a company incorporated under the laws of Cyprus (“Company“ or “we“), to you, the person or entity who accesses or uses the Services (“User“ or “you“).
These terms of service, together with any other agreements, policies (including the Privacy Policy available at: [LINK] or any other terms incorporated thereto by reference) shall hereby be collectively referred to as the “Terms“.
By accessing or using our Services, you acknowledge that you have read and understood all terms and conditions hereunder and agree to be bound by these Terms. Your use of the Services is expressly conditioned on your compliance and consent with these Terms. If you do not agree to any of the provisions of the Terms you should immediately stop using the Services.
Please note that any use of the Services is strictly prohibited if it violates the laws of your jurisdiction, or if you are not a Restricted Person or a resident of a Restricted Jurisdiction. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR USE OF THE SERVICES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION, AND THAT YOU ARE ABOVE THE AGE OF MAJORITY AS DETERMINED BY THE APPLICABLE LAW IN YOUR JURISDICTION. YOU FURTHER AGREE AND ACKNOWLEDGE THAT THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH THIRD-PARTY SERVICES (SEE SECTION 3 BELOW).
THE SERVICES
The Company is the owner and developer of a proprietary platform available at https://dexcelerate.com/ and any of its subdomains (the “Website“). The Website offers a non-custodial interface allowing Users to write and deploy trading orders to external decentralized and peer-to-peer protocols, including, without limitation, decentralized exchanges and protocols (collectively, “Dapp(s)“). The Website and any content, material, product, functionality, or feature provided or made available through the Website (except for Third-Party Services) shall be collectively referred to as the "Services".
The Services may include, without limitation, the following features available to Users: (i) connecting Users' personal self-custody cryptocurrency wallets (“User Wallets“) to the Website interface; (ii) writing and deploying blockchain-based smart contracts transmitting market trading orders in cryptocurrencies to various Dapps (“Slots“); (iii) depositing and withdrawing funds from User Wallets to Slots and vice-versa; (iv) accessing dashboard interface displaying Users' trading positions and performance. All Services provided by the Company are strictly non-custodial. This means that the User maintains complete control and ownership of their funds and activities at all times. The Company does not hold or store any user funds, assets or private keys on behalf of the Users. Users retain full control and autonomy over their digital assets, including the ability to deposit, withdraw and transfer funds or deploy any Slots. The User acknowledges and agrees to assume full responsibility for safeguarding its private keys and all potential risks arising from such activity, including loss of funds in the event of unauthorized access, security breaches, loss or destruction .
The Services are not, nor should they be considered as, the provision of investment advice, portfolio management, broker-dealer or investment services, safekeeping or fiduciary services, or any other financial service in connection to Users' funds, Wallets and Slots. By using the Services, User agrees that the Company shall not provide custody of crypto assets and shall not have control over User's private keys or funds. User shall be solely responsible for the retention and security of private keys and any passwords or credentials associated with the User Wallet and Slots. Accordingly, the Company shall have no responsibility or liability whatsoever in the event User is unable to access User Wallets and Slots for any reason, including without limitation failure to keep its private keys and passwords secure.
RESTRICTIONS ON USE
In order to provide you with the Services, Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license and use of the Services do not include the right to:
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services, or any content made available through the Services.
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services.
access the Services or any content made available through our Website in order to build a similar or competing website, product, application or service, unless otherwise agreed to or licensed by us.
reproduce, duplicate, copy or re-sell any part of our Services, unless otherwise agreed by us pursuant to a written licensing agreement.
Without derogation from any other restrictions on your use of the Services contained herein or elsewhere in these Terms, you may only use the Services for lawful purposes, and you will not:
use the Services in any way which breaches any applicable local, national or international law or regulation, including without limitation anti-money laundering and counter-terror financing, export control and sanctions or market abuse laws.
use the Services for any illegal activity, including but not limited to carrying any manipulative or abusive trades, money laundering, terror financing, blackmail, extortion, ransom, trafficking, illegal gambling, or to circumvent any applicable laws.
attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services).
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
use the Services (including any webpage or data that passes through our web domain), domain names, URLs, databases, functions or its content other than for private and non-commercial purposes (unless subject to our written permission and under a commercial contract between us regarding your commercial use).
upload or otherwise provide to the Company any data or information which (a) you are restricted from disclosing pursuant to any confidentiality agreement with any third party or prohibited under any applicable law; or (b) any sensitive data or information including, without limitation, related to health, financial or payment data, or otherwise personally identifiable data.
use any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from the Services without our prior written consent.
act in any way which would infringe the intellectual property, or any other proprietary rights, of the Company or of any person or entity.
attempt to harvest, collect, gather or assemble information or data regarding the Website, the Services, the content or any other user of the Services.
The use and access to the Services is specifically prohibited for citizens, nationals, residents (tax or otherwise), or any person, legal or natural, organized in, or national card holders of each of, among others: (i) Cuba, Iran, North Korea, Syria, Iraq, and Venezuela; or (ii) a country or territory that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by the United States or European Union any country or government or inter-governmental organization; or (iii) any other jurisdiction which prohibits the use of the Services or receipt of Services or any such similar activity (collectively, the “Restricted Jurisdictions“) or; (iv) for any other Restricted Persons are not permitted to use or access the Services. The term “Restricted Persons” refers to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is: (i) established or lawfully existing under the laws of a Restricted Jurisdiction; or (ii) is listed on a sanctions list by the governments of the United States, the European Union or any EU member state.
The Company retains the right to terminate, restrict or suspend your account or the provision of Services, without any notice, if we suspect or determine, in our sole discretion, that you have used the Services for any unlawful or prohibited activity or violated any provision of this Section 2, or if you (or any affiliate entity) have previously been suspended or removed from the Services.
THIRD PARTY SERVICES
The Services may contain links, provide access to or interact with various websites, platforms, applications, services, interfaces, software programs, protocols, and other various products that are not operated or maintained by the Company ("Third-Party Services"). Third Party Services accessible through our Services may include User Wallets, Dapps (decentralized exchanges and protocols), information service providers (e.g., market data and asset tracking aggregators) or public blockchains.
By accessing the Services, User hereby agrees that Third-Party Services are not under the Company’s control and the Company is not responsible for (i) the functionality, availability, security, performance or quality of Third-Party Services; (ii) the fulfillment and execution of actions (including Slots) through Third-Party Services; (iii) to any content, output or information derived thereof or to its completeness or accuracy (including in respect of quotes, exchange rates, returns and all other market data and real-time price data); or (iv) any decision you make based on information derived from Third-Party Services. Any use or access of Third-Party Services via our Services will be carried by the User connecting and interacting with the User Wallet in such Third-Party Services, without any involvement or control by the Company. Access to Third-Party Services may be geo-blocked for residents of certain jurisdictions and not available to you.
By accessing and using Third Party Services, the User acknowledges and understands the risks associated with such services, including without limitation potential data breaches, security vulnerabilities, cyberattacks, system outages, and operational disruptions.
The Company makes no assurance that any security measures that we or Third-Party Services have implemented will be effective against current or future security threats. Third-Party Services could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customers’ data.
YOU ACKNOLWLEDGE AND AGREE THAT ANY USE OF THE THIRD-PARTY SERVICES VIA OUR SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISKS WITH RESPECT TO THE THIRD-PARTY SERVICES, IS SOLELY YOURS.
By using our Services, you expressly acknowledge and agree that YOUR INTERACTION WITH Third-Party Services through the Services does not imply the Company’s endorsement or recommendation or that the Company is affiliated with the owners or developers of Third-Party Services. your relationship with Third-Party Services is governed by the applicable terms of service of such products and services. the company shall not be not liable for any loss or damage which may be incurred by you as a result of using Third-Party Services, or as a result of any reliance on the completeness, content or accuracy or existence of any Third Party Services.
FEES AND TAXES
Our Services may be subject to fees and commissions charged by us ("Fees") (excluding and in addition to any fees imposed by Third-Party Services). All applicable Fees, if any, shall be posted on our Website. By using the Services, you agree to pay all applicable Fees in due as set by the Services. The Company reserves the right to modify the rates and amounts of Fees from time to time after notifying users in advance via our Website. Your continued use of our Services shall be considered as your consent and to such changes. For the avoidance of doubt, the Company shall have no responsibility to notify users of changes to fees imposed by Third-Party Services, for which you are solely responsible to monitor and pay. You are also solely responsible to determine whether any taxes apply to any transaction via the Services and to withhold, collect, report and remit the correct amount of tax to the applicable tax authorities.
INTELLECTUAL PROPERTY
The Company owns (or has valid authorizations or licenses required for) the Services, including all worldwide intellectual property rights in the Services, and the trademarks, copyrights, service marks, and logos contained therein (subject to such trademarks, copyrights service marks, and logos which are expressly denoted as belonging to third parties).
All rights in the foregoing and all rights not expressly granted hereunder are reserved by the Company to the fullest extent permitted under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback.
Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services, any content appearing on the Services, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any content; (b) use any robot, spider, website search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (c) harvest, collect or mine information about users of the Services.
BREACH OF OUR TERMS
We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following (without limiting any right or remedy available to us under applicable laws):
The immediate, suspension or permanent removal of your right to use our Services;
Issuing a warning to you;
Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude any and all liability for all actions we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
DISCLAIMERS OF WARRANTIES
By using our Services, you fully acknowledge that (i) the Company is not a regulated service provider and is not supervised by any financial regulatory authority and (ii) that the Services are not regulated under any investor protection, banking or financial services laws or any crypto assets regulatory framework and you will not benefit from protections, insurance and remedies that are available to clients of regulated services against any damages arising from your use of the Services or Third-Party Services via our Website or App. The Services pose a high risk of financial loss and you should consider seeking independent and professional advice before using them.
You expressly acknowledge and agree that the Company neither endorses nor recommends any Third Party Services to which orders initiated by the Slots will be routed to. The company is not responsible for your interaction with Third Party Services and shall not be held liable for losses incurred as a result of your use of such Third party Services through the Website.
THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILBLE" AND "WITH ALL FAULTS" BASIS, AND THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF THE SERVICES, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY YOUR DECISIONS FOLLOWING THE USE OF SERVICES OR BY ANY THIRD-PARTY PLATFORMS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE USE OF THE SERVICES IS AT THE USER'S SOLE RESPONSIBILITY AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY DAMAGE OR LOSS THAT MAY BE CAUSED, EITHER DIRECTLY OR INDIRECTLY, DUE TO THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION TO ANY FINANCIAL OR INVESTMENT DECISION FOR WHICH YOU SHALL BE SOLELY RESPONSIBLE.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS AND PURPOSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, OR ANY MONETARY OR FINANCIAL DAMAGES ARISING FROM DECISIONS YOU MAKE AFTER THE USE OF SERVICES, IS SOLELY YOURS.
THE SERVICES DO NOT CONSTITUTE PERSONALISED INVESTMENT RECOMMENDATIONS OR ADVICE BASED ON YOUR SPECIFIC NEEDS AND RISK TOLERANCE. YOU ARE REPONSIBLE TO CONDUCT INDEPENDENT RESEARCH AND CONSULT WITH A FINANCIAL ADVISOR OR PROFESSIONAL BEFORE MAKING ANY INVESTMENT DECISION.
THE COMPANY EXPRESSLY DISCLAIMS ANY ROLE AS A BROKER, FINANCIAL ADVISOR, OR FINANCIAL SERVICE PROVIDER IN ANY CAPACITY. THE COMPANY DOES NOT FUNCTION AS A CUSTODIAN AND DOES NOT MAINTAIN FUNDS ON BEHALF OF USERS AS PART OF ITS SERVICES. THE COMPANY DOES NOT PROVIDE RECOMMENDATIONS OF ANY KIND AND SHALL NOT BE HELD RESPONSIBLE FOR ANY INVESTMENT ACTIONS TAKEN BY USERS.
FURTHER, THE COMPANY HAS NO ABILITY TO CONTROL THE ACTIONS PERFORMED BY YOU OR THE SLOTS AT ANY STAGE OF USING THE SERVICES AND DOES NOT HAVE THE ABILITY TO CHANGE ACTIONS THAT HAVE ALREADY BEEN EXECUTED.SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FINANCIAL LOSSES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, IMPROPER USE OF THE SERVICES, OR ANY DAMAGES OR LOSSES CAUSED BY YOUR DECISIONS AFTER AND DURING USING THE SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES.
YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SERVICES FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICES.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, with respect to any third party claims that arise from or relates to:
your access, use or misuse of the Services;
your breach of any provision of these Terms or of any applicable law, contract, policy, regulation or other obligation;
your negligence, intentional misconduct, or fraud.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.
CHANGES TO THE SERVICES
Subject to any applicable law, we reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Services without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications.
IT IS HERBY CLEAREFY THAT ANY CHANGES MADE TO THE SERVICE AS SPECIFIED UNDER THIS SECTION 10 SHALL NOT CHANGE ANY PRIOR ACTIONS TAKEN BY YOU, AND THE COMPANY DOES NOT POSSESS THE CAPABILITY TO CHANGE THESE ACTIONS IN ANY MANNER.
TERM AND TERMINATION
These Terms commence upon your first use of the Services and will remain in effect until terminated or expired. You may stop using the Services at any time, at your sole discretion. The Company may stop providing the Website and the App and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in these Terms will end; (b) you shall stop using the Services.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General parts hereunder will survive the termination or expiration of the Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Cyprus and the Cypriot courts shall have exclusive jurisdiction over all disputes between the parties related to these Terms. Notwithstanding the foregoing, the Company may file a suit for collection of payment in any country where you or your entity are located.
GENERAL
Changes to Terms. The Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website and App. You are responsible for checking the Website and App regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
Entire Agreement. These Terms contain the entire agreement between the Company and you relating to your use of the Services and supersedes any and all prior agreements between Company and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by the Company in these Terms.
Assignment. You may not assign your rights or delegate your obligations under these Terms without the Company's prior written consent. Any purported assignment contrary to this section will be null and void and without effect. The Company may assign its obligations under these Terms without your consent and without notice or obligation to you.
No Third-Party Rights. There are no third-party beneficiaries to these Terms.
Force Majeure. The Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) pandemics, natural disasters, war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, or (d) other similar cause beyond Company's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company's reasonable control.
COMMUNICATION
If you have any questions about these Terms or about the Company in general, please contact us: shali1995@gmail.com.
Please note that depending on the nature of your inquiry, and in order to allow the appropriate handling thereof, we may request that you provide additional information.
DEXCELERATE
TERMS OF SERVICE
Last Modified: 28 April 2024
Welcome to Dexcelerate!
These terms of service govern the use of the Services (as defined below) provided by Innovexai Limited, a company incorporated under the laws of Cyprus (“Company“ or “we“), to you, the person or entity who accesses or uses the Services (“User“ or “you“).
These terms of service, together with any other agreements, policies (including the Privacy Policy available at: [LINK] or any other terms incorporated thereto by reference) shall hereby be collectively referred to as the “Terms“.
By accessing or using our Services, you acknowledge that you have read and understood all terms and conditions hereunder and agree to be bound by these Terms. Your use of the Services is expressly conditioned on your compliance and consent with these Terms. If you do not agree to any of the provisions of the Terms you should immediately stop using the Services.
Please note that any use of the Services is strictly prohibited if it violates the laws of your jurisdiction, or if you are not a Restricted Person or a resident of a Restricted Jurisdiction. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR USE OF THE SERVICES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION, AND THAT YOU ARE ABOVE THE AGE OF MAJORITY AS DETERMINED BY THE APPLICABLE LAW IN YOUR JURISDICTION. YOU FURTHER AGREE AND ACKNOWLEDGE THAT THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH THIRD-PARTY SERVICES (SEE SECTION 3 BELOW).
THE SERVICES
The Company is the owner and developer of a proprietary platform available at https://dexcelerate.com/ and any of its subdomains (the “Website“). The Website offers a non-custodial interface allowing Users to write and deploy trading orders to external decentralized and peer-to-peer protocols, including, without limitation, decentralized exchanges and protocols (collectively, “Dapp(s)“). The Website and any content, material, product, functionality, or feature provided or made available through the Website (except for Third-Party Services) shall be collectively referred to as the "Services".
The Services may include, without limitation, the following features available to Users: (i) connecting Users' personal self-custody cryptocurrency wallets (“User Wallets“) to the Website interface; (ii) writing and deploying blockchain-based smart contracts transmitting market trading orders in cryptocurrencies to various Dapps (“Slots“); (iii) depositing and withdrawing funds from User Wallets to Slots and vice-versa; (iv) accessing dashboard interface displaying Users' trading positions and performance. All Services provided by the Company are strictly non-custodial. This means that the User maintains complete control and ownership of their funds and activities at all times. The Company does not hold or store any user funds, assets or private keys on behalf of the Users. Users retain full control and autonomy over their digital assets, including the ability to deposit, withdraw and transfer funds or deploy any Slots. The User acknowledges and agrees to assume full responsibility for safeguarding its private keys and all potential risks arising from such activity, including loss of funds in the event of unauthorized access, security breaches, loss or destruction .
The Services are not, nor should they be considered as, the provision of investment advice, portfolio management, broker-dealer or investment services, safekeeping or fiduciary services, or any other financial service in connection to Users' funds, Wallets and Slots. By using the Services, User agrees that the Company shall not provide custody of crypto assets and shall not have control over User's private keys or funds. User shall be solely responsible for the retention and security of private keys and any passwords or credentials associated with the User Wallet and Slots. Accordingly, the Company shall have no responsibility or liability whatsoever in the event User is unable to access User Wallets and Slots for any reason, including without limitation failure to keep its private keys and passwords secure.
RESTRICTIONS ON USE
In order to provide you with the Services, Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license and use of the Services do not include the right to:
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services, or any content made available through the Services.
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services.
access the Services or any content made available through our Website in order to build a similar or competing website, product, application or service, unless otherwise agreed to or licensed by us.
reproduce, duplicate, copy or re-sell any part of our Services, unless otherwise agreed by us pursuant to a written licensing agreement.
Without derogation from any other restrictions on your use of the Services contained herein or elsewhere in these Terms, you may only use the Services for lawful purposes, and you will not:
use the Services in any way which breaches any applicable local, national or international law or regulation, including without limitation anti-money laundering and counter-terror financing, export control and sanctions or market abuse laws.
use the Services for any illegal activity, including but not limited to carrying any manipulative or abusive trades, money laundering, terror financing, blackmail, extortion, ransom, trafficking, illegal gambling, or to circumvent any applicable laws.
attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services).
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
use the Services (including any webpage or data that passes through our web domain), domain names, URLs, databases, functions or its content other than for private and non-commercial purposes (unless subject to our written permission and under a commercial contract between us regarding your commercial use).
upload or otherwise provide to the Company any data or information which (a) you are restricted from disclosing pursuant to any confidentiality agreement with any third party or prohibited under any applicable law; or (b) any sensitive data or information including, without limitation, related to health, financial or payment data, or otherwise personally identifiable data.
use any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from the Services without our prior written consent.
act in any way which would infringe the intellectual property, or any other proprietary rights, of the Company or of any person or entity.
attempt to harvest, collect, gather or assemble information or data regarding the Website, the Services, the content or any other user of the Services.
The use and access to the Services is specifically prohibited for citizens, nationals, residents (tax or otherwise), or any person, legal or natural, organized in, or national card holders of each of, among others: (i) Cuba, Iran, North Korea, Syria, Iraq, and Venezuela; or (ii) a country or territory that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by the United States or European Union any country or government or inter-governmental organization; or (iii) any other jurisdiction which prohibits the use of the Services or receipt of Services or any such similar activity (collectively, the “Restricted Jurisdictions“) or; (iv) for any other Restricted Persons are not permitted to use or access the Services. The term “Restricted Persons” refers to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is: (i) established or lawfully existing under the laws of a Restricted Jurisdiction; or (ii) is listed on a sanctions list by the governments of the United States, the European Union or any EU member state.
The Company retains the right to terminate, restrict or suspend your account or the provision of Services, without any notice, if we suspect or determine, in our sole discretion, that you have used the Services for any unlawful or prohibited activity or violated any provision of this Section 2, or if you (or any affiliate entity) have previously been suspended or removed from the Services.
THIRD PARTY SERVICES
The Services may contain links, provide access to or interact with various websites, platforms, applications, services, interfaces, software programs, protocols, and other various products that are not operated or maintained by the Company ("Third-Party Services"). Third Party Services accessible through our Services may include User Wallets, Dapps (decentralized exchanges and protocols), information service providers (e.g., market data and asset tracking aggregators) or public blockchains.
By accessing the Services, User hereby agrees that Third-Party Services are not under the Company’s control and the Company is not responsible for (i) the functionality, availability, security, performance or quality of Third-Party Services; (ii) the fulfillment and execution of actions (including Slots) through Third-Party Services; (iii) to any content, output or information derived thereof or to its completeness or accuracy (including in respect of quotes, exchange rates, returns and all other market data and real-time price data); or (iv) any decision you make based on information derived from Third-Party Services. Any use or access of Third-Party Services via our Services will be carried by the User connecting and interacting with the User Wallet in such Third-Party Services, without any involvement or control by the Company. Access to Third-Party Services may be geo-blocked for residents of certain jurisdictions and not available to you.
By accessing and using Third Party Services, the User acknowledges and understands the risks associated with such services, including without limitation potential data breaches, security vulnerabilities, cyberattacks, system outages, and operational disruptions.
The Company makes no assurance that any security measures that we or Third-Party Services have implemented will be effective against current or future security threats. Third-Party Services could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customers’ data.
YOU ACKNOLWLEDGE AND AGREE THAT ANY USE OF THE THIRD-PARTY SERVICES VIA OUR SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISKS WITH RESPECT TO THE THIRD-PARTY SERVICES, IS SOLELY YOURS.
By using our Services, you expressly acknowledge and agree that YOUR INTERACTION WITH Third-Party Services through the Services does not imply the Company’s endorsement or recommendation or that the Company is affiliated with the owners or developers of Third-Party Services. your relationship with Third-Party Services is governed by the applicable terms of service of such products and services. the company shall not be not liable for any loss or damage which may be incurred by you as a result of using Third-Party Services, or as a result of any reliance on the completeness, content or accuracy or existence of any Third Party Services.
FEES AND TAXES
Our Services may be subject to fees and commissions charged by us ("Fees") (excluding and in addition to any fees imposed by Third-Party Services). All applicable Fees, if any, shall be posted on our Website. By using the Services, you agree to pay all applicable Fees in due as set by the Services. The Company reserves the right to modify the rates and amounts of Fees from time to time after notifying users in advance via our Website. Your continued use of our Services shall be considered as your consent and to such changes. For the avoidance of doubt, the Company shall have no responsibility to notify users of changes to fees imposed by Third-Party Services, for which you are solely responsible to monitor and pay. You are also solely responsible to determine whether any taxes apply to any transaction via the Services and to withhold, collect, report and remit the correct amount of tax to the applicable tax authorities.
INTELLECTUAL PROPERTY
The Company owns (or has valid authorizations or licenses required for) the Services, including all worldwide intellectual property rights in the Services, and the trademarks, copyrights, service marks, and logos contained therein (subject to such trademarks, copyrights service marks, and logos which are expressly denoted as belonging to third parties).
All rights in the foregoing and all rights not expressly granted hereunder are reserved by the Company to the fullest extent permitted under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback.
Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services, any content appearing on the Services, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any content; (b) use any robot, spider, website search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (c) harvest, collect or mine information about users of the Services.
BREACH OF OUR TERMS
We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following (without limiting any right or remedy available to us under applicable laws):
The immediate, suspension or permanent removal of your right to use our Services;
Issuing a warning to you;
Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude any and all liability for all actions we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
DISCLAIMERS OF WARRANTIES
By using our Services, you fully acknowledge that (i) the Company is not a regulated service provider and is not supervised by any financial regulatory authority and (ii) that the Services are not regulated under any investor protection, banking or financial services laws or any crypto assets regulatory framework and you will not benefit from protections, insurance and remedies that are available to clients of regulated services against any damages arising from your use of the Services or Third-Party Services via our Website or App. The Services pose a high risk of financial loss and you should consider seeking independent and professional advice before using them.
You expressly acknowledge and agree that the Company neither endorses nor recommends any Third Party Services to which orders initiated by the Slots will be routed to. The company is not responsible for your interaction with Third Party Services and shall not be held liable for losses incurred as a result of your use of such Third party Services through the Website.
THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILBLE" AND "WITH ALL FAULTS" BASIS, AND THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF THE SERVICES, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY YOUR DECISIONS FOLLOWING THE USE OF SERVICES OR BY ANY THIRD-PARTY PLATFORMS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE USE OF THE SERVICES IS AT THE USER'S SOLE RESPONSIBILITY AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY DAMAGE OR LOSS THAT MAY BE CAUSED, EITHER DIRECTLY OR INDIRECTLY, DUE TO THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION TO ANY FINANCIAL OR INVESTMENT DECISION FOR WHICH YOU SHALL BE SOLELY RESPONSIBLE.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS AND PURPOSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, OR ANY MONETARY OR FINANCIAL DAMAGES ARISING FROM DECISIONS YOU MAKE AFTER THE USE OF SERVICES, IS SOLELY YOURS.
THE SERVICES DO NOT CONSTITUTE PERSONALISED INVESTMENT RECOMMENDATIONS OR ADVICE BASED ON YOUR SPECIFIC NEEDS AND RISK TOLERANCE. YOU ARE REPONSIBLE TO CONDUCT INDEPENDENT RESEARCH AND CONSULT WITH A FINANCIAL ADVISOR OR PROFESSIONAL BEFORE MAKING ANY INVESTMENT DECISION.
THE COMPANY EXPRESSLY DISCLAIMS ANY ROLE AS A BROKER, FINANCIAL ADVISOR, OR FINANCIAL SERVICE PROVIDER IN ANY CAPACITY. THE COMPANY DOES NOT FUNCTION AS A CUSTODIAN AND DOES NOT MAINTAIN FUNDS ON BEHALF OF USERS AS PART OF ITS SERVICES. THE COMPANY DOES NOT PROVIDE RECOMMENDATIONS OF ANY KIND AND SHALL NOT BE HELD RESPONSIBLE FOR ANY INVESTMENT ACTIONS TAKEN BY USERS.
FURTHER, THE COMPANY HAS NO ABILITY TO CONTROL THE ACTIONS PERFORMED BY YOU OR THE SLOTS AT ANY STAGE OF USING THE SERVICES AND DOES NOT HAVE THE ABILITY TO CHANGE ACTIONS THAT HAVE ALREADY BEEN EXECUTED.SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FINANCIAL LOSSES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, IMPROPER USE OF THE SERVICES, OR ANY DAMAGES OR LOSSES CAUSED BY YOUR DECISIONS AFTER AND DURING USING THE SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES.
YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SERVICES FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICES.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, with respect to any third party claims that arise from or relates to:
your access, use or misuse of the Services;
your breach of any provision of these Terms or of any applicable law, contract, policy, regulation or other obligation;
your negligence, intentional misconduct, or fraud.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.
CHANGES TO THE SERVICES
Subject to any applicable law, we reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Services without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications.
IT IS HERBY CLEAREFY THAT ANY CHANGES MADE TO THE SERVICE AS SPECIFIED UNDER THIS SECTION 10 SHALL NOT CHANGE ANY PRIOR ACTIONS TAKEN BY YOU, AND THE COMPANY DOES NOT POSSESS THE CAPABILITY TO CHANGE THESE ACTIONS IN ANY MANNER.
TERM AND TERMINATION
These Terms commence upon your first use of the Services and will remain in effect until terminated or expired. You may stop using the Services at any time, at your sole discretion. The Company may stop providing the Website and the App and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in these Terms will end; (b) you shall stop using the Services.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General parts hereunder will survive the termination or expiration of the Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Cyprus and the Cypriot courts shall have exclusive jurisdiction over all disputes between the parties related to these Terms. Notwithstanding the foregoing, the Company may file a suit for collection of payment in any country where you or your entity are located.
GENERAL
Changes to Terms. The Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website and App. You are responsible for checking the Website and App regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
Entire Agreement. These Terms contain the entire agreement between the Company and you relating to your use of the Services and supersedes any and all prior agreements between Company and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by the Company in these Terms.
Assignment. You may not assign your rights or delegate your obligations under these Terms without the Company's prior written consent. Any purported assignment contrary to this section will be null and void and without effect. The Company may assign its obligations under these Terms without your consent and without notice or obligation to you.
No Third-Party Rights. There are no third-party beneficiaries to these Terms.
Force Majeure. The Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) pandemics, natural disasters, war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, or (d) other similar cause beyond Company's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company's reasonable control.
COMMUNICATION
If you have any questions about these Terms or about the Company in general, please contact us: shali1995@gmail.com.
Please note that depending on the nature of your inquiry, and in order to allow the appropriate handling thereof, we may request that you provide additional information.