Website User Agreement
This disclaimer applies to the contents and services of the website https://komodoplatform.com and is valid for all users of the Website. The Website is owned by Komodo Platform.
We reserve the right to amend the following Terms and Conditions (governing the use of the website https://komodoplatform.com) at any time without prior notice and at our sole discretion. It is your responsibility to periodically check this page for any updates to these Terms, which shall come into force once published.
Your continued use of the Website shall be deemed as acceptance of the following Terms.
We are a decentralized Open-Source project and these Terms and Conditions are governed by and subject to the laws of Belize.
If You do not agree with these Terms and Conditions, You must not use or access the Website and its services.
TERMS AND CONDITIONS OF USE AND DISCLAIMER
By entering into this User (each subject accessing or using the site) Agreement (this writing) You declare that You are an individual over the age of majority (at least 18 or older) and have the capacity to enter into this User Agreement and accept to be legally bound by the terms and conditions of this User Agreement, as incorporated herein and amended from time to time.
In order to use the Services provided by Komodo Platform, You may be required to provide certain identification details pursuant to our know-your-customer and anti-money laundering compliance program.
We may change the terms of this User Agreement at any time. Any such changes will take effect when published on the Komodo website, or when You use the Services. If You have provided us with an e-mail address, we will also attempt to notify You by e-mail of any changes to this User Agreement.
It is your responsibility to keep your contact information updated, including but not limited to the e-mail address provided (if any); failure to do so may result in You not receiving notice of any such changes to the User Agreement.
Read the User Agreement carefully every time You use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any.
USE OF OUR CONTACT DETAILS
The publication on our Website of any person’s contact details does not constitute implied or express consent – by us or the person concerned – to receive unsolicited commercial electronic messages or SPAM.
LIMITATIONS ON USE
You are not allowed to decompile, decode, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the user content. Nor are You allowed to use any network monitoring or detection software to determine the Website architecture, or extract information about usage or individuals’ or users’ identities.
You are not allowed to copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or the user content without our prior written authorization.
You should not act, or refrain from acting solely on the basis of the content of this Website.
Your access to this Website does not itself create an adviser-client relationship between You and us.
The content of this Website does not constitute a solicitation or inducement to invest in any financial products or services offered by us.
Any advice included in this Website has been prepared without taking into account your objectives, financial situation or needs. You should consider our Risk Disclosure Notice before making any decision on whether to acquire the product described in that document.
ACCESS AND SECURITY
We do not guarantee your continuous access to the Website or that your access or use will be error-free.
We will not be liable in the event that the Website is unavailable to You for any reason (for example, due to computer downtime ascribable to malfunctions, upgrades, server problems, precautionary or corrective maintenance activities or interruption in telecommunication supplies).
We reserve the right at any time to:
– deny or terminate all or part of your access to the Website whereas in our opinion, there are concerns regarding unreasonable use, security issues or unauthorised access or You have breached any of these Terms;
– block or suspend – in full or partially – your account, remove your default settings, or part thereof, without prior notice to You.
INTELLECTUAL PROPERTY RIGHTS
Komodo Platform is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website are copyright of Komodo Platform, its suppliers and licensors, unless otherwise expressly indicated by Komodo Platform.
Except as provided in the Terms, use of the Website does not grant You any right, title, interest or license to any such intellectual property You may have access to on the Website.
We own the rights, or have permission to use, the trademarks listed on our Website. You are not authorised to use any of those trademarks without our written authorization – doing so would constitute a breach of our or another party’s intellectual property rights.
Alternatively, we might authorise You to use the content on our Website if You previously contact us and we agree in writing.
Komodo Platform cannot guarantee the safety or security of your computer systems. We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system occurred in connection with the use of the Website or of the user content.
Komodo Platform makes no representation or warranty of any kind, express or implied, as to the operation of the Website or the user content. You expressly agree that your use of the Website is entirely at your sole risk.
You agree that the content provided on the Website and the user content do not constitute financial product, legal or taxation advice, and You agree on not representing the user content or the Website as such.
To the extent permitted by current legislation, the Website is provided on an “as is, as available” basis.
Komodo Platform expressly disclaims all responsibility for any loss, injury, claim, liability, or damage, or any indirect, incidental, special or consequential damages or loss of profits whatsoever resulting from, arising out of or in any way related to:
(a) any errors in or omissions of the Website and/or the user content, including but not limited to technical inaccuracies and typographical errors;
(b) any third party website or content directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;
(c) the unavailability of the Website or any portion of it;
(d) your use of the Website;
(e) your use of any equipment or software in connection with the Website.
Any Services offered in connection with the Platform are provided on an “as is” basis, without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, we specifically disclaim any implied warranties of title, merchantability, suitability for a particular purpose and/or non-infringement. We do not make any representations or warranties that use of the Platform will be continuous, uninterrupted, timely, or error-free.
We make no warranty that any Platform will be free from viruses, malware, or other related harmful material and that your ability to access any Platform will be uninterrupted. Any defects or malfunction in the product should be directed to the third party offering the Platform, not to Komodo.
We will not be responsible or liable to You for any loss of any kind, from action taken, or taken in reliance on the material or information contained in or through the Platform.
REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY
When accessing or using the Services, You agree that You are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, You agree that You will not:
(a) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
(b) Use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
(c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
(d) Use or attempt to use another user’s Wallet or credentials without authorization;
(e) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that You are not authorized to access;
(f) Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
(g) Develop any third-party applications that interact with our Services without our prior written consent;
(h) Provide false, inaccurate, or misleading information;
(i) Encourage or induce any other person to engage in any of the activities prohibited under this Section.
GENERAL RISK FACTORS
You agree and understand that there are risks associated with utilizing Services involving Virtual Currencies including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, including but not limited to your public and private keys. You agree and understand that Komodo Platform will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Services, however caused.
You accept and acknowledge that there are risks associated with utilizing any virtual currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Komodo Platform has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
The risk of loss in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. 80.6% of retail investor accounts lose money when trading CFDs with this provider. You should consider whether You understand how CFDs work and whether You can afford to take the high risk of losing your money.
You agree to indemnify, defend and hold harmless Komodo Platform, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of the Terms by You.
You also agree to indemnify Komodo Platform against any claims that information or material which You have submitted to Komodo Platform is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
RISK DISCLOSURES RELATING TO THE WALLET
In order to be completed, any Virtual Currency transaction created with the Komodo Platform must be confirmed and recorded in the Virtual Currency ledger associated with the relevant Virtual Currency network. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by Komodo Platform.
Komodo Platform has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details You submit via our Services will be confirmed on the relevant Virtual Currency network. You agree and understand that the transaction details You submit via our Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Virtual Currency or make any warranties whatsoever with regard to title.
Once transaction details have been submitted to a Virtual Currency network, we cannot assist You to cancel or otherwise modify your transaction or transaction details. Komodo Platform has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.
In the event of a Fork, Komodo Platform may not be able to support activity related to your Virtual Currency. You agree and understand that, in the event of a Fork, the transactions may not be completed, completed partially, incorrectly completed, or substantially delayed. Komodo Platform is not responsible for any loss incurred by You caused in whole or in part, directly or indirectly, by a Fork.
In no event shall Komodo Platform, its affiliates and service providers, or any of their respective officers, directors, agents, employees or representatives, be liable for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based on contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the services, or this agreement, even if an authorized representative of Komodo Platform has been advised of, has known of, or should have known of the possibility of such damages.
For example (and without limiting the scope of the preceding sentence), You may not recover for lost profits, lost business opportunities, or other types of special, incidental, indirect, intangible, or consequential damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to You.
We will not be responsible or liable to You for any loss and take no responsibility for damages or claims arising in whole or in part, directly or indirectly from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual Currency addresses; (b) server failure or data loss; (c) corrupted or otherwise non-performing Wallets or Wallet files; (d) unauthorized access to applications; (e) any unauthorized activities, including without limitation the use of hacking, viruses, phishing, brute forcing or other means of attack against the Services.
NO INVESTMENT ADVICE OR BROKERAGE
For the avoidance of doubt, Komodo Platform does not provide investment, tax or legal advice, nor does Komodo Platform broker trades on your behalf. All Komodo Platform trades are executed automatically, based on the parameters of your order instructions and in accordance with posted Trade execution procedures, and You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for You based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
Neither Komodo nor its owners, members, officers, directors, partners, consultants, nor anyone involved in the publication of this website, is a registered investment adviser or broker-dealer or associated person with a registered investment adviser or broker-dealer and none of the foregoing make any recommendation that the purchase or sale of crypto-assets or securities of any company profiled in the Komodo website is suitable or advisable for any person or that an investment or transaction in such crypto-assets or securities will be profitable.
The information contained in the Komodo website is not intended to be, and shall not constitute, an offer to sell or the solicitation of any offer to buy any crypto-asset or security.
The information presented in the Komodo website is provided for informational purposes only and is not to be treated as advice or a recommendation to make any specific investment or transaction.
Please, consult with a qualified professional before making any decisions.
The opinions and analysis included in this website are based on information from sources deemed to be reliable and are provided “as is” in good faith. Komodo makes no representation or warranty, expressed, implied, or statutory, as to the accuracy or completeness of such information, which may be subject to change without notice. Komodo shall not be liable for any errors or any actions taken in relation to the above. Statements of opinion and belief are those of the authors and/or editors who contribute to this website, and are based solely upon the information possessed by such authors and/or editors.
No inference should be drawn that Komodo or such authors or editors have any special or greater knowledge about the crypto-assets or companies profiled or any particular expertise in the industries or markets in which the profiled crypto-assets and companies operate and compete.
Information on this website is obtained from sources deemed to be reliable; however, Komodo takes no responsibility for verifying the accuracy of such information and makes no representation that such information is accurate or complete.
Certain statements included in this website may be forward-looking statements based on current expectations. Komodo makes no representation and provides no assurance or guarantee that such forward-looking statements will prove to be accurate.
Persons using the Komodo website are urged to consult with a qualified professional with respect to an investment or transaction in any crypto-asset or company profiled herein.
Additionally, persons using this website expressly represent that the content in this website is not and will not be a consideration in such persons’ investment or transaction decisions. Traders should verify independently information provided in the Komodo website by completing their own due diligence on any crypto-asset or company in which they are contemplating an investment or transaction of any kind and review a complete information package on that crypto-asset or company, which should include, but not be limited to, related blog updates and press releases.
Past performance of profiled crypto-assets and securities is not indicative of future results.
Crypto-assets and companies profiled on this site may lack an active trading market and investing in a crypto-asset or security that lacks an active trading market or trade on certain media, platforms and markets are deemed highly speculative and carry a high degree of risk. Anyone holding such crypto-assets and securities should be financially able and prepared to bear the risk of loss and the actual loss of his or her entire trade. The information on this website is not designed to be used as a basis for an investment decision.
Persons using the Komodo website should confirm to their own satisfaction the veracity of any information prior to entering into any investment or making any transaction. The decision to buy or sell any crypto-asset or security that may be featured by Komodo is done purely and entirely at the reader’s own risk.
As a reader and user of this website, You agree that under no circumstances will You seek to hold liable owners, members, officers, directors, partners, consultants or other persons involved in the publication of this website for any losses incurred by the use of information contained in this website.
Komodo and its contractors and affiliates may profit in the event the crypto-assets and securities increase or decrease in value. Such crypto-assets and securities may be bought or sold from time to time, even after Komodo has distributed positive information regarding the crypto-assets and companies.
Komodo has no obligation to inform readers of its trading activities or the trading activities of any of its owners, members, officers, directors, contractors and affiliates and/or any companies affiliated with BC Relations’ owners, members, officers, directors, contractors and affiliates.
Komodo and its affiliates may from time to time enter into agreements to purchase crypto-assets or securities to provide a method to reach their goals.
The Terms are effective until terminated by Komodo Platform.
In the event of termination, You are no longer authorized to access the Website, but all restrictions imposed on You and the disclaimers and limitations of liability set out in the Terms will survive termination.
Such termination shall not affect any legal right that may have accrued to Komodo Platform against You up to the date of termination.
Komodo Platform may also remove the Website as a whole or any sections or features of the Website at any time.
THIRD PARTY RIGHTS
The provisions of previous paragraphs are for the benefit of Komodo Platform and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on its own behalf.
OUR LEGAL OBLIGATIONS
We might be required to retain and use personal data to meet our internal and external audit requirements, for data security purposes and as we believe to be necessary or appropriate:
(a) to comply with our obligations under applicable law and regulations, which may include laws and regulations outside your country of residence;
(b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence;
(c) to monitor compliance with and enforce our Platform terms and conditions;
(d) to carry out anti-money laundering, sanctions or Know Your Customer checks as required by applicable laws and regulations;
(e) to protect our rights, privacy, safety, property, or those of other persons. We may also be required to use and retain personal data after You have closed your account for legal, regulatory and compliance reasons, such as the prevention, detection or investigation of a crime; loss prevention; or fraud prevention.
We also collect and process non-personal, anonymized data for statistical purposes and analysis and to help us provide a better service.