The Services are not directed to children. You affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement, as well as that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement.
If we become aware that you are a minor and are attempting to or have submitted Personal Data (defined below) via the Site, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
Data processing in connection with the Site
We may collect information by which you may be personally identified, such as your IP address and geolocation (“Personal Data”). We may collect this information directly from you when you provide it to us, or automatically as you navigate through the Site and Services.
We may use third-party service providers to assist us in better understanding the use of our Services. Such service providers may place cookies (or use similar technologies) and may receive information that we select to educate us on such things as how visitors navigate around our Site. This information may be aggregated to provide statistical data about our users' browsing actions and patterns, and would not personally identify individuals. This information may include:
Third-party service providers may analyze this information and provide us with aggregate reports. Any information and analysis provided by our service providers may be used to assist us in better understanding our visitors' interests in our Site and Services and how to better serve those interests, as well as help ensure secure use of the Services for all users. If you want to avoid using cookies altogether, you can disable cookies in your browser. However, disabling cookies might make it difficult or impossible for you to use certain features of the Site or Services. Your use of the Site or Services with a browser that is configured to accept cookies constitutes acceptance of our and third-party cookies.
We use appropriate technical and organizational security measures to protect your Personal Data. Our security measures are continuously improved in line with technical developments. Unfortunately, absolute protection is not technically possible. Please note that any data transmission on the Internet (e.g., communication by email) is generally not secure and we accept no liability for data transmitted to us via the Internet. We assume no responsibility or liability for the websites of third parties or the corresponding links provided on the Site.
We will process your Personal Data only for the period necessary to achieve the purpose of the processing, or as required by applicable laws.
In order to communicate with you, the information that we collect from you may be transferred to, stored, used and processed by Ajna in the United States or one of our service providers based in the United States or outside of the United States. Such entities may be engaged in, among other things, the provision of support services.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THE SITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
We are entitled to transfer your Personal Data to third parties abroad for the purposes of the data processing and external access by you of services provided by those third parties. As Personal Data processors, they are obliged to protect data privacy to the same extent as we ourselves. We will choose the processors carefully to ensure compliance with applicable laws.
Subject to applicable law and regulations, you may have rights involving your Personal Data. Your rights may impose obligations on us, but certain obligations may fall to the data controller for your Personal Data instead of us if we are not the data controller.
Your rights may include the right to access, including the right to receive (1) a free copy every year of your Personal Data that we have received, processed, stored, or otherwise used to the extent identifiable and stored by us, the categories of such Personal Data, the purpose or purposes of our use of such data, and whether automated decisions or profiling occurs and, if so, the logic involved, significance, and likely consequences of our receipt, processing, storage, or other use of such data; (2) a list of any third-party recipients of Personal Data and what safeguards are in place to protect the data being transferred; (3) a list of third-party data sources of your Personal Data not collected from you directly; and (4) a description of how long we will store Personal Data or, if such a period is not determinable, how the length of the period would be determined. We may charge a reasonable fee for subsequent requests for, and copies of, Personal Data.
Your rights may include the right to correct, without any undue delay, any inaccurate Personal Data to the extent identifiable and stored by us, including the right to have incomplete Personal Data completed where appropriate given the purposes of our receipt, processing, storage, or other use of such data.
Your rights may include the right to erase, without any undue delay, Personal Data if (1) the Personal Data is no longer necessary for the purpose or purposes for which it was received, processed, stored, or otherwise used; (2) you withdraw your consent regarding your Personal Data and there is no other legal basis for receiving, processing, storing, or otherwise using that Personal Data; (3) you object to the receipt, processing, storage, or other use of your Personal Data and there are no legitimate grounds for processing, storing, or other use of that Personal Data; (4) the Personal Data have been unlawfully received, processed, stored, or otherwise used; (5) the Personal Data are required to be erased to comply with a legal obligation, (6) the Personal Data have been collected in relation to the offer of information society services, or (7) the Personal Data must otherwise be erased by us as required by the GDPR or other applicable law or regulation.
Your rights may include the right to data portability where you have the right to receive your Personal Data in a structured, commonly used, and machine-readable format, and the obligation for the data controller of the Personal Data to transmit those data to another data controller, without undue hindrance, to the extent such transfer is technically feasible.
Your rights may include the right to complain to a supervisory authority for data protection, including your local supervisory authority. We will not discriminate against you if you exercise your rights under applicable data protection laws and regulations.
Representations, Warranties, and Risks
You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. No advice, information, or statement that we make should be treated as creating any warranty concerning the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND WITH RESPECT TO THE SERVICES AND THE CODE PROPRIETARY OR OPEN SOURCE, WE SPECIFICALLY DO NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, COMPLIANCE, QUALITY, AVAILABILITY, SECURITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, CODE AND ANY RELATED INFORMATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, HARM-FREE, OR ERROR-FREE.
To the fullest extent permitted by law and notwithstanding any other provision of this Agreement or any other agreement contemplated herein or applicable provisions of law or equity or otherwise, the parties hereto hereby agree to eliminate any and all fiduciary duties Ajna may have to the user, its affiliates, or the end users of the Services, the Site or its content.
By utilizing the Services or interacting with the Site in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, smart contract-based tokens, and blockchain-based software systems.
Ajna does not own or control any of the underlying software through which blockchain networks are formed. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (i) that Ajna is not responsible for operation of the underlying software and networks; (ii) that there exists no guarantee of functionality, security, or availability of such software and networks; and (iii) that the underlying protocols are subject to sudden changes in operating rules (known as “Forks”), and that such Forks may materially affect the Services. It might be discretionarily decided not to support (or cease supporting) the Forked network entirely. You acknowledge and agree that Ajna assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
Underlying networks use public/private key cryptography. You alone are responsible for securing your private key(s). Ajna does not have access to your private key(s). Losing control of your private key will permanently and irreversibly deny you access to funds on the blockchain or other network. Neither Ajna nor any other person will be able to retrieve or protect your funds. Once your private key(s) is lost, you will not be able to transfer your digital assets to any other address or wallet. If this occurs, you will not be able to realize any value or utility that you may hold now or in future. You acknowledge that we do not have any information regarding your wallet or private key(s). We are not responsible for any activities you engage in when using the Services.
You acknowledge and agree that you are responsible for knowing, understanding, and complying with all laws, regulations, and relevant policy requirements of your jurisdiction. The Services and digital assets could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Ajna to continue to develop, or which could impede or limit your ability to access or use the Services or the blockchain, including access to your digital assets or other funds.
You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and the Services, which could result in the theft or loss of your digital assets or property. To the extent possible, it is intended to update the protocol underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Services or accessing the Site, you acknowledge these inherent risks.
You understand that Ajna and other blockchain technologies and associated digital assets, currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain. You acknowledge these risks and represent that Ajna cannot be held liable for such fluctuations or increased costs.
You acknowledge that the Services are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Site. This warning and others provided in this policy by Ajna in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Services or accessing the Site.
Although it is intended to provide accurate and timely information on the Site, the Site or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or relevant tools are your sole responsibility and Ajna shall have no liability for such decisions. Links to third-party materials (including, without limitation, websites or apps) may be provided as a convenience but are not controlled by Ajna. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Site or available via other relevant tools.
No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed via the Site. Prices and pricing information may be higher or lower than prices available on other platforms.
Any use or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the Site does not indicate our approval or disapproval of the underlying technology regarding such type of digital asset, and should not be used as a substitute for your own understanding of the risks specific to each type of digital asset. We make no warranty as to the suitability of the digital assets referenced on the Site and assume no fiduciary duty in our relations with you.
Use of the Services, in particular for lending and receiving digital assets, may carry financial risk. Digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Services are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Site and the Services at your own risk. The risk of loss in lending and receiving digital assets can be substantial. You should, therefore, carefully consider whether such lending and receiving is suitable for you in light of your circumstances and financial resources. By using the Services, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Services or any underlying digital asset. You accept all consequences of using the Services, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for, and will in no circumstances be, liable to you in connection with the use of the Services for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Site or the Services be deemed to create a relationship that includes the provision or tendering of investment advice.
You are responsible for complying with applicable laws. You agree that we are not responsible for determining whether or which laws may apply to your use of Services, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the Site and Services.
Applicable laws, regulations, and executive orders may require us to, upon request by government agencies, take certain actions or provide information.
You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. You agree to accept the risk of the Services failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, wash trading, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or the software underlying the Services. Accordingly, you should verify all information on the Site before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we will have no liability for such decisions.
You agree to release and to indemnify, defend and hold harmless Ajna, as well as its officers, directors, employees and representatives, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees, fees or penalties imposed by any regulatory authority and court costs) claims or actions of any kind whatsoever arising or resulting from your use or misuse of the Services, your violation of this Agreement, your violation of any law, rule, or regulation, or the rights of any third party, your use of a third-party product, service, and/or website, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Ajna reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Ajna in the defense of such matter.
You acknowledge and agree that you assume full responsibility for your use of the Site and Services. You acknowledge and agree that any information you send or receive during your use of the Site and Services may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Site and Service is at your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither Ajna nor any related entities, suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if Ajna had been advised of the possibility of such damages), resulting from the Site or Services; the use or the inability to use the Site or Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site or Service; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the service); any injury or damage to computer equipment; inability to fully access the site or service or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or Service. In no event will Ajna’s liability from all causes of action and all theories of liability exceed One Hundred U.S. dollars (U.S. $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
Ajna may terminate or suspend all or part of the Site and/or Services access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Agreement. Upon termination of your access, your right to use the Services will immediately cease. The following provisions of the Agreement survive any termination of these Agreement: INDEMNITY; REPRESENTATIONS, WARRANTIES AND RISKS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; ARBITRATION AND CLASS ACTION WAIVER; USE OF SERVICES.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your communication, then you and we both agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to the Site, Services, this Agreement, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in the State of Delaware unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a Federal District Court or a Delaware state court.
Residents of California may request (i) a list of the categories Personal Data disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. Whenever a user agrees to allow us to collect Personal Data, we provide the user with an option to prevent such data from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by contacting us via the email address provided below.
Copyright © 2023 Ajna Labs LLC. All Rights Reserved.