Terms of Service

Thank you for choosing to visit ChainPort.io and app.chainport.io (the "Sites"). The following terms and conditions of service (these "Terms of Service") apply to all visitors and users of the Sites and application. By using any of the services, functions, or features offered from time to time on the Sites (collectively or individually, hereafter referred to as the "Services"), the user (hereafter referred to as "you" or "your") agrees to these Terms of Service. ChainPort is a project ran by Dcentralab Ltd (hereafter referred to as the "Company".)

By using the Sites, you understand and agree that the Sites is only an interface for a smart contract managed bridge chain project, where decisions are not made by a single entity, but by the company Community (the “Community”).

These Terms of Service constitute the agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them, between you and ChainPort. For the avoidance of doubt, these Terms of Service have two parties: you and ChainPort. Any and all terms, conditions, licences, limitations, and obligations contained within and on the Sites are incorporated into these Terms by reference, including, without limiting the generality of the foregoing, the following Sites policies and pages: the Privacy Policy and the Risk Disclosure Statement. In particular, please note that all transactions of Digital Tokens on or off the Sites may be subject to fees levied by ChainPort. In the event of any inconsistency between these Terms of Service and any other pages or policies on the Site, these Terms of Service shall prevail.

By creating a swap request on the Sites or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.

These Terms of Service may be amended, changed, or updated by ChainPort at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.

The use of the Sites and any Services is void where prohibited by applicable law.

Interpretation

1.1. Definitions: In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:

1.1.1. "AML" means anti-money laundering;

1.1.2. "Associates" means the Company, and each and every one of their respective shareholders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers, and attorneys;

1.1.3. "CTF" means counter-terrorist financing;

1.1.4. "Digital Tokens" means blockchain-based assets or rights, or other similar digital representations of rights or assets;

1.1.5. “ChainPort” means ChainPort, as a project of the Company;

1.1.6. “Binance Chain” means the native Binance blockchain hosted by Validator, Accelerator and Witness nodes described in the documentation here: https://binance-chain.github.io/

1.1.7. “Company Community” means the users and developer community around the Company infrastructure, code, development etc.

1.1.6. "FATF" means the Financial Action Task Force;

1.1.7. "Losses" has the meaning set out in paragraph 11 of these Terms of Service;

1.1.8. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;

1.1.9. "Personal Information" means information about an identifiable individual, business, organization, or other entity, but does not include the name, title, business address, or telephone number of an employee of a business, organization, or other entity;

1.1.10. "Prohibited Jurisdictions" means USA, Belarus, Central African Republic, Democratic Republic of Congo, Democratic People’s Republic of Korea, the Crimea region of Ukraine, Cuba, Iran, Iraq, Kosovo, Lebanon, Libya, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, and Zimbabwe.

1.1.11. "Prohibited Use" has the meaning set out in paragraph 6 of these Terms of Service;

1.1.12. "Service" means any of the services, functions, or features offered on or through the Sites;

1.1.13. "Sites" means the Internet website ChainPort.io and, or app.chainport.io;

1.1.14. "Terms of Service" means these terms and conditions of service, as they may be changed, amended, or updated from time to time without prior notice to you, including the following Sites policies and pages: the Privacy Policy and the Risk Disclosure Statement.

1.1.15. "U.S. Person"  means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States, more specifically:

1.1.16.1. in the case of an individual, a citizen of the United States or a Person resident in the United States; and,

1.1.16.2. in any other case,

1.1.16.2.1. a Person resident in the United States; or,

1.1.16.2.2. a Person owned 10% or more by one or more Persons resident in the United States or by one or more corporations or entities incorporated in or formed in the United States; and,

1.1.17 “Wallet” means a combination of a user’s public address and corresponding private key (or mnemonic phrase or keystore file with password) that holds any Digital Tokens that are created and/or received on a public blockchain such as Ethereum or  Binance Chain, which may associate with corresponding transactions related to this address.

1.1.18. "you" or "your" means the user.

1.2. Headings: The headings and sub-headings in these Terms of Service are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.

1.3. Extended Meanings: Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.

2. Licence to Use the Sites: If you comply with these Terms of Service, ChainPort grants you the limited right to use the Sites and the Services. The right to use the Sites and the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Sites or any of the Services.

3. Port Activities:  The Sites permits only unfinanced transactions. Unfinanced purchases are fully funded by trading participants through funds owned by you. For example, if you have $100.00 worth of Digital Tokens in your wallet on the Sites, you may then port those Digital Tokens for other Digital Tokens. Porting of Digital Tokens through the Sites are settled by delivery of the full amount of the Digital Tokens by the providers to the receiver’s wallet against payment in full by the sender to the provider’s wallet, with fees deducted.

Important: The following persons are prohibited from depositing into, withdrawing from, or trading through the Sites:

3.1. persons resident in, and nationals of, Prohibited Jurisdictions;

3.2. U.S. Persons.

Risks and Limitation of Liability

Important: This paragraph is in addition to the Risk Disclosure Statement. Trading markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable: for any and all trading and non-trading activity on or through the Sites and for your wallet on the Sites; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Sites at any time. You acknowledge and agree: to be fully responsible and liable for your trading and non-trading actions and inactions on or through the Sites and all gains and losses sustained from your use of the Sites and any of the Services; to be responsible for any negative balance in your wallet(s) on the Sites; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Sites; and, to be fully responsible for safeguarding access to, and any information provided through, the Sites and any of the Services, including, but not limited to, private keys, public keys, key seeds and address details. There is no guarantee against losses on or through the Sites.

4. Wallet: In order to use Grand Token Canal. you have to create your own keystore files, passwords, mnemonic phrases and/or private keys. PLEASE KEEP ALL OF THEM SAFE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS TO YOUR WALLET. YOUR WALLET IS NOT ACCESSIBLE BY CHAINPORT NOR BY THE COMPANY, AND CHAINPORT WILL NOT KEEP YOUR KEYSTORE FILES, PASSWORDS, MNEMONIC PHRASES AND/OR PRIVATE KEYS.

5. Prohibited Uses: You may not:

5.1. use the Sites or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens, funds, or proceeds;

5.2. trade or obtain financing on or through the Sites, or use any Services, with anything other than funds, keys, or Digital Tokens that have been legally obtained by you and that belong to you;

5.3. use the Sites or any Services to interfere with or subvert the rights or obligations of ChainPort or the rights or obligations of any other Sites user or any other third party;

5.4. trade using inaccurate information presented by the Sites or by ChainPort or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;

5.5. use the Sites or any Services to engage in conduct that is detrimental to ChainPort or to any other Sites user or any other third party;

5.6. reverse-engineer, decompile, or disassemble any close-sourced or proprietary software running on the Sites;

5.7. attempt to harm ChainPort or any third party through your access to the Sites or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;

5.8. where you are a resident or national of a Prohibited Jurisdiction or a U.S. Person, access the Sites or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the intent of disguising your IP address or location; or,

5.9. violate these Terms of Service.

Any use as described in this paragraph shall constitute a "Prohibited Use". If ChainPort determines that you have engaged in any Prohibited Use, ChainPort may address such Prohibited Use at its discretion.

6. Anti-Money Laundering and Counter-Terrorist Financing:

ChainPort is committed to providing you with safe, compliant, and reputable Services. Accordingly, ChainPort insists on a comprehensive and thorough user due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. ChainPort needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and ChainPort hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with ChainPort or abandon your wallet and related applications.

The Company community reserves the right to refuse service of the Sites, or to bar transactions from or to, or terminate any relationship with, any user for any reason (or for no reason) at any time. Without limiting the generality of the foregoing, this includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML/CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or, anyone that fails to meet any user due diligence standards, requests, or requirements of the Company community. At all times, you may be subject to enhanced user due diligence procedures in your use of the Sites and any Service.

7. Your Representations & Warranties: You represent and warrant to the Company community. as follows:

7.1. that, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable law;

7.2. that, if you are not an individual user, you have the requisites power and authority to sign and enter into binding agreements for and on behalf of the user;

7.3. that you understand the risks associated with using the Sites, that you are not barred from using the Sites by paragraph 3 of these Terms, and that you are not otherwise prohibited by applicable law from using the Site;

7.4. that you will not use the Sites or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens or proceeds;

7.5. that you will not trade or obtain financing on or through the Sites or use any Services with anything other than funds or Digital Tokens that have been legally obtained by you and that belong to you;

7.6. that any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that ChainPort may act upon those instructions without any liability or responsibility attaching to it; and,

7.7. that you will fairly and promptly report all income associated with your activity on the Sites pursuant to applicable law and pay any and all taxes exigible thereon.

8. No Representations & Warranties by the Company:

the Company makes no representations, warranties, or guarantees to you of any kind. The Sites and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.

9. No Advice:

the Company does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.

10. Limitation of Liability & Release:

Important: Except as may be provided for in these Terms of Service, the Company assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:

10.1. these Terms of Service;

10.2. the Sites, and your use of it;

10.3. the Services, and your use of any of them;

10.4. the real or perceived value of any currencies or Digital Tokens traded on ChainPort, or the price of any Digital Token displayed on the Sites at any time;

10.5. any inaccurate, misleading, or incomplete statement by ChainPort or on the Sites regarding your wallets, whether caused by the Company's negligence or otherwise;

10.6. any failure, delay, malfunction, interruption, or decision (including any decision by ChainPort to vary or interfere with your rights) by the Company in operating the Sites or providing any Service;

10.7. any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting the Company or any Associate; or,

10.8. any offer, representation, suggestion, statement, or claim made about the Company, the Sites, or any Service by any Associate.

You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

11. No Waiver:

Any failure by the Company to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by the Company in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Company does not prevent either from exercising any other rights, powers, or remedies.

12. Force Majeure:

the Company is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, the Company is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.

13. Assignment:

These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of ChainPort. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by ChainPort without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.

14. Severability:

If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.

Risk Disclosure Statement

Trading and financing trades in Digital Tokens entails certain risks. This risk disclosure statement cannot and does not disclose all risks and other aspects involved in holding, trading, or other activities in Digital Tokens. Risks include, but are not limited to, the following:

1. Market Risk: The market for Digital Tokens is still new and uncertain. No one should have funds invested in Digital Tokens or speculate in Digital Tokens that she is not prepared to lose entirely. Whether the market for one or more Digital Tokens will move up or down, or whether a particular Digital Token will lose all or substantially all of its value, is unknown. This applies both to traders that are going long and to traders that are shorting the market. Participants should be cautious about holding Digital Tokens.

2. Liquidity and Listing Risk: Markets for Digital Tokens have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade Digital Tokens or products derived from or ancillary to them. the Company makes no representations or warranties about whether a Digital Token that may be traded on or through the Sites may be traded on or through the Sites any point in the future, if at all. Any Digital Token is subject to delisting according to the procedures listed here.

3. Legal Risk: The legal status of certain Digital Tokens may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more Digital Tokens constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how Digital Tokens will be addressed, regulated, and taxed under applicable law.

4. Trading Risk: In addition to liquidity risks, values in any digital token marketplace are volatile and can shift quickly. Participants in any Digital Tokens market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.

5. Risks Associated with Financing Activities: When you finance a purchase or sale of Digital Tokens on a peer-to-peer basis, you run the risk of losing your provided financing. Similarly, when you accept financing to enter a trading agreement, you accept the risk of not being able to repay that financing (e.g., if the market price of the Digital Token you purchased with the financing falls). Participants should know all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations.