These Terms may be updated and amended by Nezha unilaterally at its sole discretion. You are advised to visit the Terms on the Nezha Website from time to time. Your continued use of the Nezha Website or platform (“Platform”) will confirm your acceptance of these Terms as modified, changed, supplemented or updated by Nezha. If you do not agree to the amendments, please notify Nezha at firstname.lastname@example.org and Nezha will arrange the closing of your account.
Nezha Account and Access to Nezha Services
- To be eligible to access and use the Nezha Platform and its services (“Services”), you must be 18 years or older, have proficient knowledge and understanding of the risks involved in interacting with a Decentralized Finance Platform and be located in a jurisdiction that does not prohibit the use of unregulated DeFi platforms.
- You can access the following Services: Access to the Nezha App and Content. Nezha from time to time may expand its service offering, and new services may become available to you.
- In order to use any of the Services, you must connect your wallet to the Nezha Website in order to create your account profile. Nezha may, in its sole discretion, reject your application for a Nezha account. Nezha allows to maintain one active account per person.
- In order to use certain features of the Services, you may be required to provide Nezha or a third party mandated by Nezha with certain personal information, including, but not limited to, your full name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, copy of your passport or ID card, source of income as well as provide documentary evidence proving your identity, address or source of income. You may be required to verify your identity through a live identity verification process where photo of your face is matched in real time with a photo on the original of your identification document.
- In submitting the above listed or any other personal information as may be required, you confirm that the information is accurate, authentic and up-to-date, and you agree to notify Nezha if any information changes. You hereby authorise Nezha to, directly or through third parties, make any inquiries Nezha considers necessary to verify your identity and/or protect against fraud, including to query identity information contained in public or private data bases, and to take action Nezha reasonably deems necessary based on the results of such inquiries and reports.
Relation to Third-Party Content
- Nezha may display third-party content on the Website, e.g. advertisements, links, promotions, logos and other materials for your convenience only. Nezha makes no representations or warranties of any kind regarding such third-party content, including, without limitation, the accuracy, validity, legality, appropriateness, copyright compliance, or decency of such content.
- Your use of or interactions with any third-party content, and any third party that provides the content, are solely between you and such third parties and Nezha is not responsible or liable in any manner for such use or interactions. Nezha is not responsible for any of the content on third-party websites linked to Nezha’s Website nor can it be assumed that Nezha has reviewed or approved of such websites or their content, nor does Nezha warrant that the links to these websites work or are up to date.
Participation in Token Sales and Related Risks
- You understand and accept that buying tokens carries significant financial, regulatory and/or reputational risks including the complete loss of values of the tokens (if any). You shall have no recourse to any refunds from Nezha in any event whatsoever.
- You understand and accept the risks in connection with token sales. In particular but not exhaustively, you understand the inherent risks listed hereinafter:
Risk of Software Weaknesses
You understand and accept that the underlying software application, any software used for the token sale procedure including the relevant web interface, the smart contract system and other involved software and technology and technical concepts and theories are still at an early development stage and unproven. Therefore, there is no warranty that the process for receiving, use and ownership of tokens and/or any benefits arising from this ownership will be uninterrupted or error-free and which is why there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of the tokens and/or futures profits (if any).
You understand and accept that the blockchain technology allows new forms of interaction. There is a possibility that certain jurisdictions will apply existing regulations, or introduce new regulations addressing blockchain technology-based applications which may be contrary to the current setup of the Nezha project which may result e.g. in substantial modifications of the Nezha project or any profits (if any) for you.
Risk Abandonment / Lack of Success
You understand and accept that the creation of the tokens and the development of the protocol may be abandoned for a number of reasons including but not limited to the lack of interest from the public, lack of funding, or lack or commercial success or prospects (e.g. caused by competing projects). You therefore understand that there are no assurances – even if the project was partially or fully developed and launched – that you will receive any benefits through the tokens held by you.
Risk of Withdrawing Partners
You understand and accept that the token sale and the feasibility of the Nezha project as a whole depends strongly on the collaboration of third parties such as banks and other crucial partners of Nezha. You therefore understand that there is no assurance that the token sale will take place as foreseen and that the project as a whole will be successfully executed.
Third Party Risk
Nezha may use third parties to manage and operate the token sale. Nezha has no visibility into or possibility to control the software or mechanism used by such third parties and cannot verify or guarantee the proper functionality of the third-party software or operations.
Risk Associated with other Applications
You understand and accept that the Nezha project may give rise to other alternative projects, promoted by unaffiliated third parties under which tokens will have no intrinsic value.
Risk of Loss of Private Key
Tokens can only be accessed by using an approved wallet with a combination of your account information (address), private key and password. The private key is encrypted with a password. You understand and accept that if your private key file or password were lost or stolen the allocated tokens connected with your account (address) or password would be unrecoverable and would be permanently lost. Nezha has no control over the tokens. Therefore, you shall have no recourse to seek any refunds, recovery or replacements from Nezha in the event that tokens are lost or stolen.
Risk of Theft
You understand and accept that the Nezha project, the underlying software application and software platform, the token sale software, the smart contract system, other involved software, other technology components and/or platforms may be exposed to attacks by hackers or other individuals that could result in theft or loss of tokens and/or your contribution amount, impacting the ability to develop and launch the Nezha project.
Risk of Protocol Attacks
You understand and accept that as with other cryptocurrencies the blockchain used for the smart contract system is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attack presents a risk to the smart contract system, the expected proper execution and sequencing of token transactions and the expected proper execution of the sequencing of contract computations.
Risk of Depreciation / Lack of Liquidity
You understand that with regard to the tokens no market liquidity may be guaranteed and that the value (if any) of the tokens over time may experience extreme volatility or depreciate resulting in loss that will be borne exclusively by you.
- You acknowledge and agree that you shall access and use Nezha Services at your own risk. The risk of loss in acquiring and trading cryptocurrencies and tokens can be substantial, Nezha cannot be held responsible for these losses. You should, therefore, carefully consider whether such acquisition or trading is suitable for you in light of your individual circumstances and financial resources.
- You acknowledge that cryptocurrency, including Bitcoin, is an unregulated digital asset which is not issued or guaranteed by any central bank or government. Cryptocurrency holdings are not covered by any deposit guarantee scheme. You are responsible for the protection and security of your Nezha account, as cryptocurrency payments are not reversible.
- By participating in a token sale with your Nezha Account you confirm that you have read and understood the terms and conditions of the token sale, including the whitepaper or other offering document presented by Nezha, and that you expressly accept all terms, conditions, obligations, representations and warranties described in these terms and agree to be bound by them.
- You also declare and certify carrying out the research or taking the relevant advice from specialised lawyers or other professionals to ensure that no legislation or regulation applicable to your situation and your place of residence, or no position or recommendation from a competent national authority prohibits you or limits you in the purchase and the possession of tokens, and more widely in the possession of cryptocurrencies.
- It is your sole responsibility to determine whether, and to what extent, any taxes apply to any token purchase transactions that you access through the Nezha platform, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history will be made available through your Nezha account.
Restrictions Applicable to the Use of Nezha Services
- By using your Nezha Account you agree and represent that you will use the account for yourself, and not on behalf of any third party. You may not sell, lease, furnish or otherwise permit or provide access to your Nezha account to any other person.
- Nezha does not represent that the Nezha Platform and/or Website and related Services, will be available without interruption. Although Nezha will strive to provide you with continuous operations, Nezha does not guarantee continuous access or that there will be no delays, failures, errors, omissions or loss of transmitted information. In the event of a significant system outage, Nezha reserves the right to suspend Nezha activity for an indefinite period.
- In connection with your use of the Nezha Services you agree and represent that you will not engage in any prohibited use activities listed below. Nezha reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Nezha reserves the right to cancel and/or suspend your Nezha account and/or block transactions immediately and without notice if Nezha determines, in its sole discretion, that your account is associated with a prohibited use.
Following activities shall be understood as prohibited use, and accordingly you are not allowed to:
a) use the Platform 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 illegally obtained cryptocurrency or fiat currency funds, or proceeds;
b) use any Nezha Services, with anything other than cryptocurrency and fiat currency funds that have been legally obtained by you and that belong to you;
c) use the Platform or any Services to interfere with or subvert the rights or obligations of Nezha or the rights or obligations of any other Nezha Client or any other third party;
d) take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
e) use the Platform or any Services to engage in conduct that is detrimental to Nezha or to any other Client or any other third party;
f) falsify any account registration details provided to Nezha;
g) falsify or materially omit any information or provide misleading information, including information about your actual location or residence, requested by Nezha at registration;
h) access any content, area or functionality of this Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of this Website;
i) reverse-engineer, decompile, or disassemble Platform or any software run by Nezha;
j) attempt to harm Nezha or third parties through your access to the Platform or any Services, or,
k) attempt to use the Nezha Platform and its financial integrations to launder money
l) violate these Terms.
- Nezha reserves the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with any Client 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 applicable law; or, anyone that fails to meet any customer due diligence standards, requests, or requirements of Nezha. In lieu of refusing registration, Nezha may perform enhanced customer due diligence procedures. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Platform and any Nezha Service.
- Nezha may: (1) suspend, restrict, or terminate your access to any or all of the Nezha Services and/or (2) deactivate or terminate your Nezha account if:
a) Nezha is so required by court or competent government authority or regulator;
b) Nezha reasonably suspects you of using your Nezha account in breach of clause 4.3 (prohibited use clause);
c) Use of your Nezha account is subject to any pending litigation, investigation, or government proceeding and/or Nezha perceives a heightened risk of legal or regulatory non-compliance associated with your account activity;
d) Nezhas’ service partners (e.g. payment service provider) are unable to support your use of Services;
e) You take any action that Nezha deems as circumventing controls of Nezha, including, but not limited to, opening multiple Nezha accounts.
- You are responsible for maintaining adequate security and control of all passwords and authentication codes that you use to access the Nezha Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorised access to your Nezha account by third parties. You are responsible for keeping your email address and telephone number up-to-date in your account information in order to receive any notices or alerts that we may send you. Nezha assumes no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Nezha and/ or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Nezha account information has been compromised, contact Nezha support immediately at email@example.com.
Customer Contact and Dispute Resolution
- If you have any feedback, questions, or complaints, contact Nezha by e-mail at firstname.lastname@example.org. When you contact Nezha please provide your full name, address, and any other information needed to identify you, and the specific issue on which you have feedback, questions, or complaints.
- In the event of a complaint, in addition, please set out the cause of your complaint, how you would like Nezha to resolve the complaint and any other information you believe to be relevant.
- In case the submitted complaint lacks information needed for the investigation, Nezha will ask you to eliminate the shortcomings of the complaint by specifying the substance of the complaint or providing additional documents or data needed for the complaint’s investigation. In such case Nezha sets a reasonable time limit, which cannot be shorter than 7 days to eliminate the shortcomings of the complaint.
- Any offer made during complaint review will only become binding on Nezha if you accept the offer by following the instructions provided by Nezha within the stated timeframe. Any offer under this clause will not constitute any admission by Nezha of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against Nezha regarding the subject matter of the complaint.
- You agree to use the complaints procedure detailed in this chapter before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue.
- Nezha shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. Nezha advises the regular use of a reputable and readily available virus scanning and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Nezha. Always log into your Nezha Account through the Nezha Website to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
- You agree to indemnify and hold Nezha, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this contract or your violation of any law, rule or regulation, or the rights of any third party.
- In no event shall Nezha, its affiliates and service providers, or any of their respective representatives, be liable for any lost profits or any direct damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorised or unauthorised use of the Nezha Platform or the Nezha Services, or these Terms. In particular, any liability for indirect and consequential damages, for loss of profit, for consequential damages or for auxiliary persons is excluded.
- The Nezha Services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, Nezha specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. Nezha does not make any representations or warranties that access to the Platform, any part of the Nezha Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
- These Terms comprise the entire understanding and agreement between you and Nezha as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of the Terms), and every nature between and among you and Nezha.
- Nezha may amend or modify these Terms by posting on the Nezha Website or e-mailing to you the revised Terms, and the revised Terms shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that Nezha shall not be liable to you or any third party for any modification or termination of the Nezha Services, or suspension or termination of your access to the Nezha services, except to the extent otherwise expressly set forth herein. If the revised Terms include a material change, we will endeavour to provide you advanced notice via our Website and/or email before the material change becomes effective.
- You may not assign any rights and/or licenses granted under these Terms. We reserve the right to assign our rights without restriction, including without limitation to any Nezha affiliates or subsidiaries, or to any successor in interest of any business associated with the Nezha Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
- In the event that Nezha, or part of the business, is acquired by or merged with a third party entity, Nezha reserves the right, in any of these circumstances, to transfer or assign the information Nezha has collected from you as part of such merger, acquisition, sale, or other change of control.
- These Terms and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law. Any dispute relating to this policy must exclusively be brought before the courts of Zug.