ALPHA Legal Disclaimer
Legal disclaimer for the perpetuals platform
LEGAL DISCLAIMER
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These Terms of Service, referred to as the "Terms'' or the "Agreement," establish a legally binding agreement between you (referred to as the "User," "Guest," "Customer," you, or your) and THENA.FI. (referred to as the "Company”," we, us, or our). By accessing or using https://alpha.thena.fi (the "Website" “Platform”), the THENA.FI Platform accessible through the Website (the "Platform"), or any products and services offered on or through the Website or the Platform (the "Services"), whether as a guest or a registered user, you accept these Terms on behalf of yourself or the entity you represent.
Please carefully read these Terms before using the Website, the Platform, or any of the Services. If you do not agree with any provision of these Terms, or if any of these Terms is unacceptable to you, you must not access or use the Website, the Platform, or any of the Services.
If you have any questions or comments about these Terms, please contact us at business@thena.fi
To be eligible to use or access the Website and/or the Platform, including any Services offered on or through them, you must be of legal age to enter into a binding contract (at least 18 years old in most jurisdictions or the applicable age of majority and contractual capacity in your country of residence). By accessing or using the Website and/or the Platform, including any Services offered on or through them, you represent and warrant that you are of legal age to enter into a binding contract. If you are accessing or using the Website and/or the Platform, including any Services offered on or through them, on behalf of a legal entity, you represent and warrant that such legal entity is duly organized and validly existing under the applicable laws of its jurisdiction and that it authorizes you to act on its behalf.
Any person or entity, including anyone acting on their behalf, that is based, domiciled, located, or incorporated in, or is a citizen, resident, or green card holder of any territory under the jurisdiction of the United States of America (including any state or the District of Columbia), Canada, Republic of Korea, Singapore, the People’s Republic of China, Bosnia, Albania, Belarus, Burma, Côte D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Congo-Brazzaville, Congo-Kinshasa, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Tajikistan, Russia, Zimbabwe, or any other country or territory included in the OFAC or any other US, UN, EU, or other applicable sanctions list (referred to as "Restricted Areas"), as well as an individual employed by or associated with an entity identified on BIS's denied persons, unverified, or entity lists, or OFAC's list of specially designated nationals, foreign sanctions evaders, or list of consolidated sanctions, or DDTC's debarred parties list, may not access or use the Website, the Platform, and the Services and must immediately leave the Website (referred to as "Ineligible Persons," and each such person or entity individually as "Ineligible Person"). The Company is not responsible for fraudulent, deceptive, or malicious use of any tools by any Ineligible Person to access or use the Website, the Platform, and the Services, falsely claiming to originate from any jurisdiction outside the Restricted Areas.
GENERAL
1.1. Description of Service
The Platform provides a user interface for trading perpetual contracts in cryptocurrency, allowing users to enter into and manage positions based on the price movements of various cryptocurrencies. The Platform provides real-time market data, trading tools, and account management features to facilitate cryptocurrency trading.
1.2. User Registration Responsibility: To access the Platform, you may be required to create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
1.3. Perpetual Contracts: This Platform facilitates the trading and management of perpetual contracts which are not prepared or belong to the Company. Perpetual contracts are complex financial instruments and involve significant risks. The trading of perpetual contracts carries the potential for substantial financial loss, and it is not suitable for all investors. You should carefully consider your risk tolerance, investment objectives, and financial situation before engaging in perpetual contract trading.
1.4. We retain the right to periodically revise and update these Terms at our sole discretion. Any changes will take effect immediately upon being posted on the Website (with the "Last Revised" date indicated at the top). It is understood that the Company will not explicitly notify you of potential amendments and modifications. By continuing to use the Website, the Platform, or the Services after revised Terms have been posted, you indicate your acceptance and agreement to the changes. We recommend checking this page each time you access the Website, the Platform, or the Services to stay informed of any changes, as they are binding upon you.
1.5. Any other compulsory policies of the Company accessible on the Website or other agreements separately entered into between you and the Company are deemed an integral part of these Terms and carry the same legal effect. Your use of the Website, the Platform, and the Services is contingent upon your acceptance of all additional terms published on the Website.
TERMS
2.1 The following capitalized terms used in these Terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise:
"Company," "we," "us," or "our": refers to the entity identified in the preamble of these Terms.
"End User(s)": refers to individuals or entities that utilize Service Based Works.
"Ineligible Person(s)": has the same meaning as defined in the preamble of these Terms.
"Intellectual Property": encompasses all intellectual property owned by us, including inventions, discoveries, processes, methods, compositions, formulae, techniques, information, source code, brand names, graphics, user interface design, text, logos, images, information, and data about the Services, regardless of whether they are patentable, copyrightable, or protectable under trademark law, as well as any trademarks, copyrights, or patents derived from them.
“Website”/"Platform": refers to the THENA.FI platform, located at https://alpha-test-2.vercel.app/trade/ETHUSDT, including any future modifications developed by the Company.
"Privacy Policy": refers to the THENA.FI Privacy Policy, accessible on the Website and incorporated herein by reference, which provides additional information regarding our privacy terms.
"Services": denotes the products and services offered by the Company on the Website and the Platform, including any future modifications, as outlined in Clause 5.
"Restricted Area(s)": has the same meaning as defined in the preamble of these Terms.
"Terms": refers to these THENA.FI Terms of Service, including any schedules and other documents incorporated by reference.
"User," "Customer," "you," "yourself," or "your": refers to any individual, whether a natural person or a legal entity, accessing and using the Website, or utilizing the Platform and the Services directly or indirectly.
ACCESS TO THE WEBSITE, PLATFORM, AND SERVICES. ACCOUNT SECURITY
3.1 We retain the right to withdraw or modify this Website, the Platform, and any of the Services at our sole discretion without prior notice. We shall not be held liable if any part or the entirety of the Website, the Platform, or any of the Services becomes unavailable at any time or for any duration. Occasionally, access to certain sections of the Website, Platform, or Services may be restricted or limited to specific users, including registered users.
3.2 In order to access the Website, the Platform, and any of the Services or utilize the resources they provide, you may be required to provide certain registration details or other information. It is a condition of using the Website, the Platform, and any of the Services that all the information you provide is accurate, correct, current, and complete. You acknowledge that any information you provide is subject to our Privacy Policy, and you consent to our actions regarding your information in accordance with our Privacy Policy.
3.3 Any other compulsory policies of the Company accessible on the Website or other agreements separately entered into between you and the Company are integral to these Terms and carry the same legal effect. Your use of the Website, the Platform, and the Services is contingent upon your acceptance of all additional terms as published on the Website.
3.4 Account security. You are responsible for implementing reasonable measures to secure your account, including your username, password, and any other confidential information associated with our security procedures. You must not disclose this information to any other individual or entity. You acknowledge that your Website and Platform accounts are personal to you and agree not to grant access to this Website, the Platform, or any portion of it to any other person using your username, password, or other security details. Using another customer's account is strictly prohibited. You agree to promptly notify us of any unauthorized access or use of your username, password, or any security breach. Additionally, you agree to ensure that you log out of your account at the end of each session. Exercise caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or personal information. The Company cannot be held liable for any loss or damage resulting from your failure to comply with this Clause 3.4 or to secure your Website and Platform accounts and passwords, including the selection of a strong password that is difficult to compromise.
3.5 Your information. We may utilize aggregated statistical information about your activity, including your activity on the Platform, Website, and logins to various websites, for marketing or any other purpose at our sole discretion. However, we will not disclose your personally-identifiable information to any third party without your consent, except as permitted by law or as stated in these Terms or any other compulsory policies of the Company accessible on the Website.
ACKNOWLEDGEMENT OF USER AND ASSUMPTION OF RISKS
4.1 You acknowledge and agree that there are inherent risks involved in accessing and using the Website, the Platform, and receiving the Services, as disclosed and explained in the Risk Disclosures provided in Schedule 1 attached hereto. If you have any inquiries regarding these risks, please contact us at business@thena.fi.
4.2 Furthermore, you recognize that you have been duly informed about the following risks associated with the Website, the Platform, the Services, and other relevant technologies mentioned herein. By accepting these Terms, you absolve and hold the Company harmless from any liability arising from any damages related to the risks listed below.
4.3 UPON ACCEPTING THESE TERMS, ACCESSING AND USING THE WEBSITE, THE PLATFORM, AND THE SERVICES, YOU FULLY AND IRREVOCABLY ACKNOWLEDGE, ACCEPT, AND ASSUME ALL THE RISKS OUTLINED IN SCHEDULE 1 ATTACHED HERETO. UPON ACCESSING AND/OR USING THE WEBSITE, THE PLATFORM, AND THE SERVICES, THE RESPONSIBILITY FOR ANY LOSS IS TRANSFERRED TO YOU.
THE SERVICES
5.1 We retain the right to modify or discontinue any portion of the Services, suspend or terminate your access to the services provided on our Website and/or the Platform at any time, and we may do so without explicit notice to you, but only under specific circumstances as described herein.
5.2 You agree that we shall not be held liable to you or any third party for any modification or termination of the Services, or the suspension or termination of your access to the Services, except as expressly stated in these Terms.
5.3 License to use the Services. Subject to your ongoing compliance with these Terms, we grant you a personal, worldwide, revocable, non-exclusive, and non-transferable license to use the software provided to you as part of our Services. This license is solely for the purpose of allowing you to use and enjoy the Services as permitted by these Terms.
5.4 Ownership of the Services. We own all rights, titles, and interests in and to the Services, including, but not limited to, any copyrights in and to any content, code, data, or other materials that you may access or use on or through the Website, the Platform, and the Services. Except as expressly stated herein, your use of or access to the Website, the Platform, and the Services does not grant you any ownership or other rights in them.
5.5 Use and sharing of your feedback. Any feedback, including comments, bug reports, ideas, or other suggestions, that you provide about our Website, Platform, and Services is entirely voluntary. You agree that we are free to use or not use any feedback received from you as we see fit, including copying and sharing such feedback with third parties, without any obligation to you.
5.6 Service Materials and Service Based Works. The Services include an integrated development environment and related assets and tools that we make available (referred to as "Service Materials"). You may incorporate the Service Materials distributed within our Services into your programs or applications and distribute them as part of those programs or applications. You acknowledge and agree that the Services and Service Materials are not intended for use in or in connection with any illegal, unauthorized, or improper activities, scams, frauds, or any activities related to money laundering, terrorist financing, and the like. You further represent and warrant that you will not use the Services in such a manner. You are solely responsible for any liability that may arise from such use.
In addition to the rights granted to you under these Terms, the Company grants you a limited, revocable, non-exclusive, non-sublicensable (except to End Users as provided below), non-transferable license during the legal, authorized, and proper usage of these Terms to:
Use, reproduce, modify, and create derivative works of the Service Materials to develop and support your programs or applications (referred to as "Service Based Works").
Use, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute the Service Based Works to End Users.
Sublicense the rights to your End Users solely for the purpose of enabling them to use the Service Based Works.
You and your End Users are responsible for all decisions, advice, actions, and failures to act based on the use of the Services, Service Materials, Service Based Works, and any of your programs or applications built, distributed, or incorporated using our Services and/or Service Materials. It is your sole responsibility to provide your End Users with all legally required information regarding your Service Based Works, including obtaining any necessary data and consents to comply with KYC/AML/CFT procedures and applicable laws and regulations. You represent to us that you have provided all necessary information and obtained all required data and consents. You are responsible for notifying us if any Service Based Works must be stopped, frozen, or deleted under applicable law. You are prohibited from using the Services, Service Materials, and/or Service Based Works, directly or indirectly, to develop or improve a similar or competing product or service, and you shall not allow any third party to do so.
GENERAL USE, PROHIBITED USE, AND TERMINATION
6.1 Limited License. We grant you a personal, non-exclusive, non-transferable, non-sublicensable, and limited license, subject to these Terms, to access and use the Website, the Platform, and the Services solely for approved purposes as permitted by the Company. Any other use of the Website, the Platform, and the Services is expressly prohibited. This Agreement does not grant you any ownership rights or licenses to the Website, the Platform, and the Services, except for the express, limited license provided. You are prohibited from copying, transmitting, distributing, selling, licensing, decompiling, reverse engineering, disassembling, modifying, publishing, creating derivative works, performing, displaying, incorporating into another website, or exploiting any content available on the Website, the Platform, or any part thereof, for commercial or non-commercial purposes. Prior written permission is required for framing or displaying the Website or the Platform (or any portion thereof) as part of another website or work of authorship. Violation of this Agreement may result in termination of your permission to access and use the Website and the Platform, and may also be subject to legal remedies available to us.
6.2 Website Accuracy. While we strive to provide accurate and timely information on the Website and the Platform, please note that they may not always be entirely accurate, complete, or current, and may contain technical inaccuracies or typographical errors.
6.3 Prohibited Use. In connection with your use of the Platform, the Services, and interactions with other users and third parties, you agree and represent that you will not engage in any illegal, unauthorized, or improper activities that violate any applicable laws, contracts, intellectual property rights, or the rights of third parties. Specifically, you will not:
Use any electronic communication feature of the Website, the Platform, or the Services for unlawful, tortious, abusive, intrusive, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful purposes.
Upload, post, reproduce, or distribute any information, software, or other materials protected by copyright or any other intellectual property rights without obtaining the necessary permissions.
Use the Website, the Platform, or the Services for any commercial purposes not pre-approved by the Company in writing.
Engage in surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten, or violate the legal rights of others.
Publish, post, distribute, or disseminate inappropriate, profane, defamatory, obscene, indecent, or unlawful topics, names, materials, or information.
Engage in any conduct that restricts or inhibits others' use or enjoyment of the Website, the Platform, or the Services, or that may harm the Company or other users, or expose them to liability.
Put your personal information at risk, such as by leaving, transmitting, or publishing login credentials.
Upload or make available files that contain images, photographs, software, or other materials subject to intellectual property rights unless you have the necessary permissions.
Use the Website, the Platform, or the Services in a way that disables, overburdens, damages, or impairs them or interferes with others' use.
Use any automated or manual means to monitor, copy, interfere with, or disrupt the Website, the Platform, or the Services without our prior written consent.
Introduce viruses, trojan horses, worms, cancelbots, corrupted files, or any other software that may damage computers or property.
Advertise or offer to sell or buy goods or services for any business purpose.
Falsify or delete any copyright management information, legal notices, or proprietary designations.
Violate any code of conduct, guidelines, applicable laws, or regulations.
Harvest or collect information about others without their consent.
Create a false identity to mislead others.
You acknowledge and agree that any violation of these Terms, including providing false or misleading information, may result in termination of your use or participation in the Website, the Platform, or the Services. This may include deletion of your account and any content or information posted, at our sole discretion and without warning.
FEES AND TAXES
7.1 Pricing and Fees. The fees or prices for the Services offered on the Website and/or the Platform will always be clearly stated and accessible to you prior to making a purchase. Unless explicitly stated otherwise, all fees and prices are exclusive of VAT and any other applicable taxes.
7.2 Taxes. You are solely responsible for the payment of any taxes, duties, and assessments imposed by any governmental authority related to your use of the Website, the Platform, and the Services, as well as any taxes resulting from the use or exploitation of crypto assets and interactions with smart contracts. Please note that the tax treatment of blockchain-based transactions is uncertain due to their novel nature.
7.3 Transaction Costs. Unless stated otherwise, the prices listed are exclusive of any transaction costs charged by the blockchain network in its native currency. These transaction costs, also known as "Gas Fees," are designed to compensate for the computing energy required to process and validate transactions on the blockchain. Payment of Gas Fees is entirely separate and independent from payments made to us for our Services.
RETENTION OF INTELLECTUAL PROPERTY RIGHTS
8.1 Assignment of Intellectual Property. These Terms do not imply the assignment of any Intellectual Property rights unless explicitly defined as such within these Terms. You are not authorized to use any Intellectual Property unless you have obtained our express, prior written consent.
8.2 Ownership and Protection of Intellectual Property. The Website, the Platform, and the Services, including their design elements, concepts, and underlying Intellectual Property, such as copyrights, patents, service marks, registered trademarks, domain names, and other proprietary rights, are the property of the Company. They are protected by copyright, patent, trade secret, and other intellectual property laws. Unless expressly stated otherwise, the Company retains all rights, title, and interest in the Website, the Platform, and the Services, including all Intellectual Property rights, including copies, modifications, extensions, and derivative works. Your right to use the Website, the Platform, and the Services is limited to the rights explicitly granted in these Terms. The use of any trademarks or Company brands does not imply or grant any licenses unless expressly stated. All rights not expressly granted to you are reserved and retained by the Company.
RELIANCE OF USER ON INFORMATION POSTED
9.1 Information Accuracy. The information presented on the Website, the Platform, or the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility for any reliance placed on such materials by you, other visitors to the Website, or anyone informed of its contents.
9.2 Corrections. There may be instances where the Website or the Platform contains typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website or the Platform at any time, without prior notice.
9.3 Third-Party Content. The Website, the Platform, or the Services may include content provided by third parties, such as materials from other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. Any opinions or statements expressed in these materials, including articles, responses to questions, and other content, are solely the opinions and responsibility of the person or entity providing them. They do not necessarily reflect the opinion of the Company. We are not responsible or liable for the content or accuracy of any materials provided by third parties.
9.4 Advertisers. Certain areas of the Website or the Platform may display advertisements and other information from advertisers, such as sidebar advertisements or banner advertisements. If you are an advertiser, you are fully responsible for the advertisements you place on the Website or the Platform, as well as any services or products sold through those advertisements. As an advertiser, you warrant and represent that you have the necessary rights and authority to place advertisements, including intellectual property rights, publicity rights, and contractual rights. We only provide the space to display such advertisements and have no other relationship with advertisers.
9.5 Links to Third-Party Websites. The Website or the Platform may contain links to other websites and resources provided by third parties. These links are provided for your convenience only, including links within advertisements such as banner advertisements and sponsored links. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked to the Website or the Platform, you do so at your own risk and subject to the terms and conditions of those websites.
LIMITED LIABILITY
10.1 Disclaimer of Damages. To the fullest extent permitted by applicable law, neither the Company nor any associated parties shall be liable for any indirect, special, incidental, consequential, punitive, or exemplary losses or damages of any kind arising out of or in connection with this Agreement, the use of the Website, the Platform, and/or the Services, or otherwise related to these Terms. This includes, but is not limited to, loss of revenue, income, profits, diminution of value, loss of use or data, loss or depletion of goodwill, loss of business opportunity, loss of contract, damages for business interruption, loss of anticipated savings, or similar damages. This limitation applies regardless of the form of action, whether based in contract, tort (including negligence), or any other legal or equitable theory, even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable.
10.2 No Liability for Certain Events. Additionally, no THENA.FI. indemnified party shall be liable for any damages caused in whole or in part by user error, server failure or data loss, blockchain or crypto asset network malfunctions, changes in value of any crypto asset, changes in law or regulation, events of force majeure, or any actions of third parties.
10.3 Liability for Misuse of Tokens. To the fullest extent permitted by applicable law, neither the Company nor any associated parties shall be liable for the use of cryptographic tokens, tokenized assets, or traditional assets (such as stocks or commodities) on the Website, the Platform, or the Services in a manner that violates legal rights, promotes illegal activity, causes harm or harassment, infringes on privacy rights, or engages in any unauthorized or improper activities.
10.4 Use of Services at Your Own Risk. Access to and use of the Services, products, and third-party sites and products are at your own discretion and risk. You will be solely responsible for any damage or loss of data resulting from such use. In no event will the cumulative liability of the THENA.FI indemnified parties to you or any other user exceed a certain amount.
10.5 No Virtual Currency as Damages. Under no circumstances shall any THENA.FI indemnified party be required to deliver virtual currency as damages or provide specific performance. If damages are calculated based on the value of virtual currency, both parties agree that the calculation shall be based on the lowest value of the virtual currency during the relevant period.
10.6 Exceptions to Limitations. The limitations set forth in this clause shall not limit or exclude liability for gross negligence, fraud, or intentional, willful, or reckless misconduct of the Company.
10.7 Jurisdictional Variations. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations in this clause may not apply to you.
NO WARRANTIES OF THE COMPANY
11.1 Service "As Is." The Services are provided on an "as is" and "as available" basis. We and our indemnified parties make no guarantees of any kind regarding the Services. To the maximum extent permitted under applicable law, the Company and the indemnified parties disclaim all warranties and conditions, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We disclaim all responsibility and liability for the accuracy, completeness, currentness, reliability, uninterruptedness, timeliness, security, or error-free nature of the Website, the Platform, and the Services. Any reliance on the Services is at your own risk. Information available through the Service is provided for general information purposes only and should not be relied upon as the sole basis for making decisions. You assume all risk associated with the use of the Services.
11.2 Disclaimer of Responsibility. We and our indemnified parties are not responsible for any injury, damage, loss, or unauthorized access or use of the Services. The Services may contain audio-visual effects, strobe lights, or other materials that may affect your physical senses and/or condition. We and our indemnified parties are not liable for any loss or damage caused by another user's conduct, unauthorized actors, or any unauthorized access or use of the Services. We also disclaim any representation, warranty, or undertaking regarding the truth, accuracy, and completeness of the information in this Agreement and the project documentation. We are not responsible for the cryptocurrency market or the value of cryptographic tokens. The value of cryptographic tokens can be volatile, and we are not liable for any losses incurred by holding or trading cryptographic tokens. We make no representations or warranties concerning the quality, suitability, usefulness, accuracy, or completeness of the Services or any materials therein.
11.3 No Financial Advice. We do not provide investment advice in any manner. Any information available on the Website and the Platform should not be construed as providing investment or financial advice. It is recommended that you seek independent financial and/or investment advice and conduct your own research before using our Website, Platform, or Services. Any decisions or investments based on the content of the Website are your sole responsibility.
INDEMNIFICATION
12.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, service providers, officers, directors, agents, employees, representatives, partners, and licensors (collectively referred to as "Indemnified Parties") from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to: (a) your breach or alleged breach of the Agreement, including these Terms; (b) any content or contribution you provide to the Services; (c) your misuse of the Website, the Platform, the Services, or any associated smart contracts or scripts; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your infringement upon the rights of any third party, including intellectual property rights, publicity rights, confidentiality rights, property rights, or privacy rights; (f) your use of a third-party product, service, or website; or (g) any misrepresentation made by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any such claim. You shall not settle any claim without our prior written consent.
MISCELLANEOUS
13.1 Force Majeure. Neither party shall be deemed in breach of these Terms or liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to events, circumstances, or causes beyond its reasonable control. Specifically, in the blockchain/DLT field, force majeure circumstances include, but are not limited to, interruptions in telecommunications or internet services, network provider service failures, equipment or software failures, hacker attacks, market disturbances, increased volatility of cryptographic token prices, natural catastrophes, changes in laws or regulations, adverse regulatory or enforcement actions, technical failures, and similar events.
13.2 Entire Agreement. These Terms, including all schedules and other referenced documents, constitute the entire agreement between you and us regarding the subject matter, specifically the use of the Website, the Platform, and the Services. These Terms supersede all prior representations, understandings, agreements, or communications, whether written or verbal, between you and us regarding the subject matter. We reject any additional or different terms, conditions, or provisions submitted by you, whether in orders, receipts, acceptances, confirmations, correspondence, or other documents. We may update these Terms as necessary to comply with applicable laws or regulations. Any changes will be posted on the Website with the effective date specified. We may assign our rights and obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. We will not be held liable for any delay or failure to perform any obligation under these Terms resulting from causes beyond our reasonable control.
13.3 Waiver. Except as expressly provided in this Agreement, any failure or delay by us in exercising any right, power, remedy, or privilege under these Terms or the referenced documents will not be considered a waiver of such right, power, or privilege. The exercise of any right, power, or privilege in part will not preclude any further exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.
13.4 Governing Law and Jurisdiction. These Terms shall be governed by and construed and enforced in accordance with the laws of the Marshall Islands. Any dispute arising out of or related to these Terms shall be exclusively resolved in the courts of the Marshall Islands. By accessing and using the Website, the Platform, and the Services, you irrevocably and unconditionally consent to the exclusive jurisdiction of these courts over any suit, action, or proceeding arising from these Terms.
13.5 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, in whole or in part, it shall be deemed null and void, but the remaining provisions shall remain in full force and effect. The remaining provisions will be interpreted according to the true intent of the Parties.
13.6 Disputes. By accessing and using the Website, the Platform, and the Services, you agree that any disputes or claims arising from these Terms, including validity, breach, and termination, shall be resolved on an individual basis, without resorting to any form of class action, exclusively in a court located in the Marshall Islands. Furthermore, in such disputes, you waive the right to seek punitive, incidental, or consequential damages, including attorney's fees, and limit your claims to actual out-of-pocket expenses associated with using the Website, the Platform, and the Services. You also waive the right to have damages multiplied or increased. Prior to filing any claims under Clause 13.6, you agree to submit such claims or requests directly to the Company via email at business@thena.fi. You agree not to file any claims under Clause 13.6 until at least 30 days after sending the claim or request to the Company in accordance with this clause. Any claim filed with the court in violation of these rules shall be immediately rejected by the court as premature.
SCHEDULE 1 - RISK DISCLOSURES
Financial Risks Holding cryptographic tokens carries the risk of substantial loss. You should carefully assess the suitability of holding such tokens based on your financial condition. The value of cryptographic tokens can change rapidly, potentially decreasing or even reaching zero. Additionally, transaction costs on blockchain networks may vary and increase, impacting your activities. The Company does not offer or facilitate the acquisition, purchase, sale, transfer, or exchange of any crypto assets. While third parties may provide such services, the Company assumes no liability in connection with them. You acknowledge and agree to the risks involved, and the Company cannot be held responsible for changes in value or increased costs.
Volatility and Risk: Perpetual contracts are subject to market volatility, which can result in rapid and significant price fluctuations. The value of perpetual contracts can be influenced by various factors, including market conditions, supply and demand dynamics, technological advancements, regulatory changes, and global economic events. The prices and liquidity of perpetual contracts may be affected by external market forces beyond our control.
Financial and Investment Advice: The information provided on this Website does not constitute financial, investment, or legal advice. We are not financial advisors, and nothing on this Website should be considered as a recommendation or endorsement to engage in perpetual contract trading or any other financial activities. It is essential to conduct thorough research, seek professional advice, and make independent judgments before making any financial decisions.
Internet Transmission Risks Using crypto assets carries inherent risks, including hardware, software, and internet connection failures, the introduction of malicious software, and the potential for unauthorized access to your wallet. You accept that the Company is not liable for communication failures, disruptions, errors, distortions, or delays experienced when using blockchain networks, the Website, the Platform, and the Services.
Theft and Hacking, Unfavorable Regulations, Market Changes Cryptographic tokens and blockchain technology are relatively new and beyond the Company's exclusive control. Adverse market changes, technology developments, or regulatory actions may impact the Company's performance, such as hacking attacks, theft, unfavorable regulations, or unclear legal and tax status. Advances in code cracking or technical innovations could lead to theft or loss of tokens or property. By accessing the Website, the Platform, and using the Services, you acknowledge and agree to undertake these risks.
Services-related Risks You acknowledge the risks associated with using the Services. It is your responsibility to evaluate the Services before using them, and once transactions are made, they are irreversible, final, and non-refundable. The Services may be disabled, disrupted, or adversely affected due to cyber-attacks, surges in activity, computer viruses, operational or technical challenges, and other factors. We do not have an ongoing obligation to notify you of all potential risks. You agree to accept these risks and hold us harmless for any resulting losses. Furthermore, we do not guarantee the security of the Services, including protection against hacking or unauthorized access leading to the theft or loss of your information.
Quality and Accessibility of Services You acknowledge and understand that the Website, the Platform, and the Services may become temporarily or permanently inaccessible or inoperable due to various reasons beyond our control, such as equipment malfunctions, maintenance, disruptions in the underlying blockchain infrastructure, or unavailability of third-party service providers. You access and use the Website, the Platform, and the Services at your own risk. Before engaging in blockchain-based transactions, you should consider suitability based on your circumstances and resources. By using the Services, you represent that you have conducted your own due diligence regarding transaction risks, smart contracts, and crypto assets.
Development and Expectations The Website, the Platform, and the Services are still under development and may undergo significant changes prior to their final release. Your expectations regarding their form and functionality may not be fully met. The Company makes no guarantees regarding marketability or expected use of the Services or Platform.
Completion of Services The Services may not be completed or released, although the Company will make reasonable efforts to complete and deploy them.
Third-Party Services The Company is not responsible for the content or services provided by third parties, including networks or apps like Discord or MetaMask. We make no representations regarding the content or accuracy of third-party services. Your use of third-party products or services, including those accessed through the Services, is at your own risk.
Legal Risks and Securities Regulations In certain jurisdictions, cryptographic tokens may be considered securities, both currently and in the future. The Company does not warrant that cryptographic tokens will not be classified as securities in any jurisdiction. Users are responsible for the legal and financial consequences if cryptographic tokens are considered securities in their respective jurisdictions. The Company's ability to provide access to the Website, the Platform, and the Services may be hindered or eliminated by future regulations or legal actions.
Regulatory Compliance: The legal and regulatory framework surrounding perpetual contracts and cryptocurrency derivatives may vary across jurisdictions. It is your responsibility to understand and comply with the applicable laws and regulations governing perpetual contracts in your jurisdiction. We do not provide any assurance or guarantee regarding the legality or regulatory compliance of perpetual contract trading on this Website.
Risk of Regulatory Action Blockchain technologies have faced scrutiny from regulatory bodies worldwide. Regulatory inquiries or actions may impact the functioning of blockchain networks, cryptographic tokens, and Tokens. This could include restrictions on their use or possession, potentially limiting their existence, permissibility, and value.
Restriction of Access We reserve the right to restrict your access to the Website, the Platform, and the Services through any technically available means if we reasonably suspect: (a) money laundering or illegal activity; (b) fraudulent behavior; (c) acquisition of crypto assets using inappropriate methods, including stolen funds; (d) inclusion on sanctions lists or violation of sanctions; (e) acting in violation of these Terms; or (f) any other grounds deemed appropriate by us.
Unanticipated Risks Cryptocurrencies and blockchains are new and untested technologies. In addition to the risks outlined here, there may be unforeseen risks that the Company cannot foresee and it is unreasonable to believe that such risks could have been foreseeable.
User Responsibility: You acknowledge and accept that your use of this Website is at your own risk. You are solely responsible for the decisions and actions you take based on the information and features provided on the Website. It is your responsibility to ensure the accuracy of your account information, exercise caution when engaging in financial transactions, and maintain the security of your login credentials and personal information.
By accessing or using this Website, you agree to release and hold us harmless from any claims, damages, losses, or liabilities arising out of your use of this Website or reliance on its content and features. You acknowledge that perpetual contract trading involves inherent risks, and you are solely responsible for assessing and managing those risks.
If you have any questions or comments regarding these Terms, please contact us at business@thena.fi
Last updated: September 8, 2023
Last updated