Terms of Service (dApp)

Terms and Service of VISP and Vingt.io dApp

Last updated on June 1st, 2024

The Terms of Service Agreement (the "Agreement") serves as the comprehensive guide to the rules and regulations governing interaction with the platform. It is imperative to thoroughly review the Agreement. By accessing the platform, such access signifies acceptance of and commitment to adhere to its terms, including the mandatory arbitration clause in Section 16. Should any portion of the Agreement conflict with individual beliefs, it is advised to refrain from accessing or utilizing the platform.

1. Eligibility

To access and utilize the platform, certain criteria must be met. Users must be at least 18 years old (or the age of majority in their jurisdiction, whichever is greater) and not barred from using the platform under applicable laws. Additionally, users must have the capacity to form a legally binding contract online, whether as individuals or on behalf of a corporate entity.

For those representing a company or legal entity, it is required to confirm the authority to bind said entity to the terms of the Agreement. Furthermore, by accessing the platform, users assert that they are not subject to U.S. sanctions and are not citizens or residents of a U.S.-embargoed jurisdiction or any other territory where engaging with the platform would contravene domestic or international laws.

The right to suspend, restrict, or terminate access to the platform or block transactions is reserved under certain circumstances. These include compliance with legal obligations, responding to court orders or government directives, or violations of any terms of this Agreement.

Certain tokens available on the platform have specific eligibility criteria. It is important to review the list of Tokens Restricted for Restricted Persons (“Restricted Tokens”) before engaging in any transactions. Users must refrain from purchasing or acquiring Restricted Tokens if they fall under the definition of a “Restricted Person,” which encompasses individuals or entities in jurisdictions where such activities are deemed unlawful or unauthorized.

2. Amendments to the Terms

The right is reserved, at sole discretion, to modify this Agreement. Any changes will be communicated by updating the date displayed at the top of this Agreement. Unless explicitly stated otherwise in the notice, all modifications take effect immediately upon notification, and continued use of the VISP platform signifies acceptance of the revised terms. If there is disagreement with the updated Agreement, usage of the VISP platform must cease.

3. Ownership of Intellectual Property

Vingt.io owns or holds valid authorization for all intellectual property rights associated with the VISP platform and its contents, including text, images, trademarks, and software. Unless explicitly authorized, copying, modifying, leasing, licensing, selling, distributing, or granting third-party access to the VISP platform or any of its contents is prohibited. Subject to eligibility and compliance with this Agreement, a single, personal, and limited license to access and use the VISP platform is granted. This license is non-exclusive, non-transferable, and subject to revocation without prior notice or justification. Any use of the VISP platform or its contents contrary to this Agreement is strictly prohibited.

Unlike the proprietary software of the VISP platform, the underlying smart contract protocols utilized on the Binance Smart Chain (BSC) to facilitate trades via the platform are open source software and not proprietary to Vingt.io.

4. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the VISP platform (including its content and functionality) is provided on an "AS IS" and "AS AVAILABLE" basis. Any representations, conditions, or warranties, whether express or implied, legal, statutory, or otherwise, including but not limited to implied or legal warranties of merchantability, fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment, and non-infringement of third-party rights, are expressly disclaimed and hereby waived. There is no guarantee that the VISP platform (including any related data) will be uninterrupted, available at any specific time, or free from errors. Additionally, there is no warranty for the correction of errors on the VISP platform.

5. Accuracy of Information Disclaimer

Acknowledgment is given that reliance is placed on third-party sources for information regarding certain digital tokens listed on the VISP platform. The right to select, modify, or remove any third-party information source at discretion is reserved. Information about digital tokens, including descriptions, total supply, market cap, and 24-hour volume, is currently sourced from third-party platforms such as Moralis APIs. No responsibility is borne for the quality, accuracy, timeliness, completeness, or reliability of any digital token information on the VISP platform. It is the user's responsibility to gather adequate information and stay well-informed before engaging in any digital token transactions through the platform.

6. Disclaimer about Tokens

Please refer to the list of Tokens Restricted for Restricted Persons before engaging in any token transactions on behalf of Vingt.io and its product VISP. Responsibility lies with you to review and monitor the list for updates to ensure compliance with the Agreement and any applicable laws.

Agreement is made not to purchase or acquire any of the restricted token products if considered a Restricted Person, as defined in this Agreement. Additionally, the reselling or transferring of any tokens on the restricted list to any Restricted Person, including citizens, residents, or green card holders of the United States, is prohibited. It should be noted that Vingt.io is not registered or licensed by any financial regulatory authority, and the Website contents do not constitute investment advice.

Third parties promoting Vingt.io products must comply with all applicable regulations and assume all regulatory compliance burdens. Vingt.io shall not be held liable for any third party's failure to comply with regulatory requirements.

Furthermore, acquisition of Vingt.io products is only permissible if in compliance with the Disclaimer regarding the Tokens Restricted for Restricted Persons and meet specific criteria outlined in this Agreement.

7. Limit Order

There is the option to buy or sell digital tokens at a specified price within a specified timeframe. However, Vingt.io does not provide a guarantee that a limit order will be matched or executed.

8. Payments and Fees

The VISP platform utilizes 0x API and smart contracts to facilitate transactions, which may incur charges such as "gas" fees on the Binance network. While Vingt.io currently does not charge fees for transactions, you are responsible for paying any charges imposed by the Distributed Ledger Technology. Vingt.io reserves the right to charge fees for platform usage, and notification of any fees and pricing adjustments will be provided.

Additionally, Vingt.io reserves the right to issue tokens via the Exchange Issuance Smart Contracts. It should be noted that Vingt.io has no control over Distributed Ledger Technology transactions or payment methods. Therefore, it is imperative to ensure that sufficient funds are available in your Distributed Ledger Technology-compatible wallet to complete any transactions.

9. Ownership of Digital Tokens

Full custody and control of the digital tokens in digital wallets are maintained by users at all times. Vingt.io does not hold custody of digital tokens nor have access to users' electronic private keys. As the owner and custodian of digital tokens, users assume all risks associated with token ownership.

10. Risks Associated with Digital Tokens

By accessing and utilizing the VISP platform, comprehension of the inherent risks linked with cryptographic and blockchain-based systems is affirmed. Proficient understanding of digital tokens like bitcoin (BTC), BNB (BNB), and those adhering to the Binance Chain Token Standard (BEP-20) is expected. Vingt.io does not govern the underlying software protocols of any digital tokens accessible on the VISP platform. Therefore, responsibility for the operation, functionality, or security of these protocols is disclaimed, and liability for any potential loss of token value stemming from operational changes, malfunctions, or failures of these protocols is disavowed.

Moreover, acknowledgment of the highly volatile nature of digital token markets, encompassing risks related to adoption, speculation, technology, security, and regulation, is required. Full responsibility for all risks associated with accessing and utilizing the VISP platform, as well as interacting with Binance Chain and other Blockchains, is accepted. Recognition that the cost and speed of transactions within cryptographic and blockchain-based systems, such as Binance Chain, may fluctuate significantly at any time, is understood and consented to. Full responsibility for these risks is assumed, and agreement that Vingt.io bears no liability for any losses incurred is acknowledged.

Furthermore, all legal risks pertaining to token ownership, including potential investigations or enforcement actions initiated by regulatory authorities, are assumed. Unauthorized resale of U.S. Restricted Tokens, available on our website, could expose individuals to civil or criminal liability under U.S. securities laws.

It is crucial to note that individuals can create digital tokens via Multi-Chain Networks like BEP20 tokens on Binance Chain. No claims are made regarding the nature, quality, or legal categorization of such tokens or associated projects. Responsibility for conducting research and ensuring compliance with legal requirements for transacting with these tokens in one's jurisdiction lies with users.

11. Taxes

Users are solely responsible for meeting their tax obligations concerning transactions conducted via the VISP platform. This encompasses withholding, collecting, reporting, and remitting the appropriate amounts of taxes to the relevant tax authorities. While efforts are made to provide access to transaction history through user accounts, completeness or accuracy of this information is not guaranteed.

12. Privacy

For details regarding the collection, use, sharing, and processing of information, please consult the privacy policy available at www.vingt.io/privacy-policy

13. Changes, Suspension, Termination

The right is reserved, at sole discretion and without prior notice, to modify, suspend, or disable the VISP platform, either temporarily or permanently, for any reason, including but not limited to security incidents. Liability for any losses incurred by users due to modifications to the platform, or due to the suspension or termination of access, for any reason, to all or any part of the platform is disclaimed.

All terms of the Agreement will persist even after the termination of access to the platform, irrespective of the reasons for such termination, in addition to any other provision mandated by law or by its inherent nature to survive.

14. Electronic Notices

By accessing the VISP platform, consent is given to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively referred to as "Communications") provided by us in connection with the Agreement or the platform. These Communications may be delivered by posting them on the platform. If additional electronic copies of Communications are needed, they may be requested by contacting our team at [e-mail].

15. Indemnification

Agreement is made to hold harmless, release, defend, and indemnify Vingt.io, as well as its officers, directors, employees, contractors, agents, affiliates, and subsidiaries (referred to as "Protected Parties"), from any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from various scenarios. These include access to and use of the VISP platform, violation of any term or condition of the Agreement or any applicable law, rule, or regulation, another party's access and use of the platform with assistance or using any device or account controlled by the user, and violation of any Applicable Law, including U.S. securities laws and other regulatory restrictions or requirements, concerning the purchase or ownership of tokens acquired on the platform.

16. Prohibited Activities

Engaging in, or attempting to engage in, any of the following categories of prohibited activity in connection with access to or use of the VISP platform is strictly prohibited:

16.1 Intellectual Property Infringement: Infringing or violating any individual's or entity's copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

16.2 Cyberattack: Attempting to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system. This includes the deployment of viruses and denial of service attacks.

16.3 Fraud or Misrepresentation: Seeking to defraud Vingt.io or any other individual or entity by providing false, inaccurate, or misleading information with the intent to unlawfully obtain property.

16.4 Market Manipulation: Engaging in activity that violates any applicable law, rule, or regulation concerning the integrity of markets. This includes manipulative tactics such as spoofing and wash trading.

16.5 Gambling: Participating in activities that involve staking or risking something of value on the outcome of contests, events, or games of chance. This encompasses lotteries, bidding fee auctions, political betting, sports forecasting, and sweepstakes.

16.6 IP Address Disguise: Engaging in activity that enables non-eligible persons to access or trade via the VISP platform by using any virtual private network, proxy service, or any other third-party service, network, or product with the intent of disguising your IP address or location.

16.7 Any Other Unlawful Conduct: Engaging in activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction. This includes the restrictions and regulatory requirements imposed by U.S. law, including U.S. securities laws and all other applicable regulatory restrictions or requirements.

17. Exclusion of Consequential and Related Damages

Under no circumstances will Vingt.io be liable for any incidental, indirect, special, punitive, exemplary, consequential, or similar damages or liabilities whatsoever arising out of or in connection with the use of the VISP platform. This includes, but is not limited to, damages for loss of data, information, revenue, goodwill, profits, or other business or financial benefit, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or any other theory of liability. This exclusion applies regardless of whether Vingt.io was advised of, knew of, or should have known of the possibility of such damages.

18. Limitation of Liability

In no event will Vingt.io's aggregate liability arising out of or in connection with the VISP platform (including its content and functionality), any performance or non-performance of Vingt.io, Distributed Ledger Technology tokens, other digital tokens, VISP tokens, or any other product, service, or item provided in connection with the platform, exceed the amount of fees paid by users to Vingt.io in the twelve (12) month period immediately preceding the event giving rise to the claim for liability. This limitation applies whether under contract, tort (including negligence), civil liability, statute, strict liability, applicable securities regulations, or any other theory of liability.

19. Release

Subject to applicable law, through the use of the VISP platform, users hereby release and discharge Vingt.io from any past, present, or future disputes, claims, controversies, demands, obligations, liabilities, actions, and causes of action, including those related to personal injuries, death, and property damage, directly or indirectly arising from or related to the use of the platform. Users waive any relevant legal provisions, including Section 1542 of the California Civil Code, which states that a general release does not extend to unknown claims.

20. Assignment

Users are not permitted to assign any rights or licenses granted under this Agreement. However, Vingt.io reserves the right to assign any rights and licenses under this Agreement without restriction, including to any affiliates, subsidiaries, or successors of Vingt.io’s interests.

21. Force Majeure

Vingt.io shall not be held responsible for any delay or failure in performance of the VISP platform resulting directly or indirectly from events or circumstances beyond its reasonable control. Such events or circumstances include, but are not limited to, natural disasters, civil unrest, terrorism, significant market volatility, and failure of Internet services, equipment, or software.

22. Dispute Resolution

By using the VISP platform, agreement is made that any dispute arising from or related to this Agreement, including disputes about its arbitrability, shall be resolved solely through individual action, not as a class arbitration, class action, or any other representative proceeding. The rights to a jury trial and to have any dispute resolved in court are waived by users and Vingt.io. If a dispute arises, both parties agree to first attempt to resolve the claim informally by contacting each other.

23. Questions

If there are any inquiries concerning this Privacy Policy, please contact us at [e-mail]