Terms of Service

Please read these Terms of Service (“Terms”) carefully before using the Services of DMG Blockchain Solutions Inc. (“DMG”). By selecting “I agree,” or using the Services of DMG, User acknowledges that they have read these Terms, as amended from time to time, and agrees to be bound by them. If User does not agree to these terms, or any subsequent amendments, changes or updates, they should not access or use the Services of DMG.

DEFINITIONS

“DMG” means DMG Blockchain Solutions Inc., and its owners and operators as party to these Terms.

“User,” “the User,” or “a User,” referred to with the pronoun, “you”, “they”, or “them” means an individual or legal person or entity, over the age of 18 (if an individual) and with full legal capacity and authorization to enter in these Terms, use the DMG website, use the Services through an individual User account for the sole benefit of them alone and not a third party unless otherwise permitted by DMG. User is counterparty to these Terms.

“Terms” means this document, the DMG Terms of Service

“Services” means DMG’s services, including but not limited to the website, applications, platforms, and any related products.

“Parties” are collectively User and DMG. Individually, each is “Party.”

“Rules” mean the requirements stipulated by DMG in these Terms, on the DMG platform or website, in communications with Users, or anywhere else that DMG intends to communicate requirements or policies to Users.

1. PREAMBLE

These are the terms governing User’s rights and obligations. Please read them and agree as a necessary precondition to using DMG’s Services. Using DMG’s Services implies that User agrees with these Terms.

2. PARTIES

DMG, registered under the laws of the Province of British Columbia.

These Terms are addressed to User, meaning anybody, individual or legal person, who uses this website or uses DMG’s Services. User’s legal capacity must not be limited to the extent that it could in any way prevent User from effectively agreeing to and complying with these Terms.

The relationship between DMG and User shall not be construed as creating a partnership or joint venture, or for either party to act for the other in any agency or any other capacity, except as expressly set forth in these Terms. 

If User plans to use DMG’s Services on behalf of any other person, whether individual or legal person, they must have legal authority and explicit permission from DMG to do so.

If User has used DMG Services in the past and their previous access to DMG Services was terminated for a breach of rules, that User may not use DMG’s Services via another individual as proxy, or under a new or different User account.

If User’s previous access to the Services was limited for a breach of rules, DMG reserves the right not to transact with User in any way.

User will not sublicense DMG Services for use by a third party.

3. USER ACCOUNT

In order to access certain features of the Services, you may be required to create an account. User alone is responsible for all activities that occur on or through the User account. Therefore, the password and devices associated with that User account must be kept safe. In the event of unauthorized access to the User account, User must immediately inform DMG.

User may not use DMG Services and may not agree to these Terms if (a) they are not of legal age to enter into a binding contract, (b) User is disallowed from using DMG Services under the applicable laws of their country or jurisdiction of residence or British Columbia, or (c) User had previously an account with DMG that was terminated for reasons of a violation of the rules, these Terms, or of otherwise malicious or other disallowed activity.

4. SUBMITTED CONTENT

All the information submitted by User must be fully complete, accurate and true.

If information changes, or is otherwise discovered to be unrepresentative, User must update it as soon as possible.

User retains ownership of any intellectual property that they hold in submitted content.

Content submitted to or through the DMG website or submitted in relation to the process of using DMG Services is thereby granted to DMG with a license to be used worldwide, royalty-free, non-exclusively and in perpetuity. The goal of that license is to operate, promote and improve DMG Services. User must have the rights necessary for granting DMG this license.

If User provides feedback or suggestions about DMG, then DMG may use such information without obligation to User.

5. PERSONAL DATA

User agrees that any information that they provide is legal, true, accurate, and as detailed as necessary. It is the responsibility of User to update information should it become or be discovered to be unrepresentative in any way.

The collection, storage and handling of User’s data is governed by the DMG Privacy Policy.

Users, depending on the Services they elect to use, will need to fulfill DMG’s know-your-customer (KYC) requirements, which bind Users to provide certain information as part of the registration process for the User account or as part of continued use of DMG Services.

6. MISCELLANEOUS

User agrees to comply with any laws and regulations applicable either to User (in their jurisdiction(s)) or to DMG (in its jurisdiction(s)).

User is responsible for obtaining any necessary information on tax and other similar obligations that it might have in relation with the use of DMG Services. User acknowledges that DMG is responsible neither for obtaining the above-mentioned information nor for fulfillment of such tax obligations. DMG is not responsible for obtaining such information for User, nor is DMG responsible for compliance with such obligations. Any past, current or future tax related to User’s use of the Services of DMG is the express responsibility of the DMG.

User agrees to read and follow the rules and procedures published by DMG on the website, in its communications with User and elsewhere.

User agrees not to abuse any of DMG’s mechanisms, processes, mistakes, bugs, or imperfections in programming or errors to advantage or disadvantage any other Users or to disrupt the operation or the availability of DMG Services. Should such a vulnerability be identified by User, User agrees to immediately inform DMG of the details of such vulnerability. Failure to do so would constitute a violation of these Terms.

Any hacking or other hostile action against other Users and third parties is also considered abusive, if their purpose is to advantage or disadvantage any participating Users or to disrupt the operation or availability of DMG Services.

If User controls multiple User accounts without explicit permission of DMG, their access may be suspended pursuant to investigation. 

7. AVAILABILITY

DMG strives for uninterrupted operation of the website and the Services.

Outages may result from maintenance, repairs, or other events. DMG does not guarantee uninterrupted availability.

Planned maintenance will generally be preceded by an attempt by DMG to inform the User in advance. However, notifying the User prior to an outage may be impossible or impractical.

DMG cannot guarantee against the eventual discontinuation of its Services. In such an event, DMG’s relationship with User will be terminated and access to the Services will cease.

8. WARRANTY LIMITATION AND LIABILITY

User has no ownership over any intellectual property rights in DMG or any other products or services associated therewith, unless otherwise explicitly indicated by DMG. User is solely entitled to use DMG Services for their intended purposes as construed by DMG. 

DMG is operated using a reasonable level of skill and care. The Services are offered to User “as is” and “where-available.” DMG expressly disclaims any warranties, express or implied, relating to User’s access or usage.

In no circumstances is DMG liable to User for indirect, direct, consequential, special, punitive, or any other costs and/or damages including, but not limited to, loss of profit, loss of revenue or loss of business opportunity arising out of or in connection with User’s access and use or inability to access DMG Services.

Some laws may preclude a complete disclaimer of DMG’s liability and warranties. In such a circumstance, User hereby waives to the fullest extent permissible under any such law any claims for damages that User may have against DMG in relation with User’s use of DMG Services or inability to use them.

If the warranty and liability disclaimers above are found void, invalid or otherwise unenforceable, User agrees that DMG’s total liability for any dispute arising out of these Terms or in relation thereto shall be limited to the amount of the payment directly associated with DMG Services for the disputed time interval. In such a circumstance, User may either accept DMG’s own calculations or discontinue their use of DMG’s Services.

Although DMG strives to improve the security of the Services  against hacking, cybercrime, and other risks, security breaches may lead to the loss of cryptocurrency, which would be irreversible. User acknowledges that there is risk associated with the hacking of DMG Services and that User has been fully informed and warned about it. Hackers or other groups, agencies or organizations may attempt to interfere with DMG in any way, including, but not limited to and without limitation, denial of services attacks or malware attacks, among others.

User agrees to minimize these risks by any means recommended by DMG, and User agrees to provide any cooperation necessary, including notifying DMG about any vulnerabilities which might expose the platform to malicious activity.

To the maximum extent permitted under applicable law, DMG does not represent or warrant that DMG Services, or the products and services provided by related third parties, are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Without limiting the foregoing, User hereby understands and agrees that DMG will not be liable for any losses or damages arising out of or relating to: (1) any inaccuracy, defect or omission of data, (2) any error or delay in the transmission of data, (3) interruption in the services, (4) regular or unscheduled maintenance carried out by DMG or third party service providers and service interruption and change resulting from such maintenance, (5) any damages incurred by other Users’ actions, omissions or violation of the rules or these Terms, (6) cooperate with investigations by service providers or international organizations, and (7) any damage caused by illegal actions of other third parties or actions without the authorization of DMG.

To the maximum extent permitted by applicable law, in no event shall DMG, its affiliates and its respective shareholders, members, directors, officers, employees and agents be liable for any special, incidental, indirect, punitive, consequential damages (including but not limited to loss of data, profits, revenue, business opportunities) arising out of or in connection with the Services provided by DMG, except to the extent there is a final judicial determination that such damages were a result of DMG’s gross negligence, willful misconduct, fraud or intentional violation of law.

User hereby waives to the fullest extent permitted by applicable law the right to claim damages incurred in relation to any DMG activity or in relation to information published on the DMG website and also any other related damages, in particular the damages (loss of earnings) incurred as a result of non-fulfillment of User’s expectation regarding the profitability of DMG Services.

Nothing in these Terms excludes or limits the liability of User for fraud, death or personal injury caused by their negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.

9. FORCE MAJEURE

DMG shall not be liable for delays or errors occurring by reason of circumstances beyond its reasonable control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of god, national strikes, government policy, riots, insurrections, civil commotions, quarantine restrictions, epidemics/pandemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. In the event of such force majeure, DMG shall take reasonable steps to minimize interruptions and loss but shall have no liability caused by or incidental to such force majeure.

10. TERMINATION AND SUSPENSION

User accepts that if they are not satisfied with the Services provided by DMG, User’s sole remedy is to stop using DMG Services immediately. User has no right to ask DMG to assume any other remedial measures or responsibilities.

User may terminate the legal contract established by these Terms at any time by deleting their User account. 

Upon termination of User account, DMG may delete the User account and any data relating to User’s use of the Services without any further notice without any possibility of recovery.

DMG may, and is entitled to, suspend or permanently disable User’s access to the Services of DMG if User materially or repeatedly breaches these Terms, rules, or any other applicable terms (such as the Privacy Policy) or if User violates any provision of applicable laws in relation thereto.

User should log into their account on a regular basis, as accounts that have not been logged into for an extended period may be considered inactive and thus terminated or suspended. Grounds for termination or suspension include but are not limited to inactivity.

DMG will attempt to provide thirty to sixty (30-60) days’ notice to User prior to the suspension or termination of the User account.

An inactive User account may be deleted at any time, and after deletion, User waives their claim to any data, information stored under that User account. 

User acknowledges that DMG may terminate the User account for any reason that DMG reasonably determines. User acknowledges that DMG may suspend (or “freeze”) User account for any reason that DMG reasonably determines.

User can close their User account at any time, but User is still obligated to any payments due to DMG. Further, User will be held liable for any costs incurred prior to shutting down.

11. NOTICES

Users can contact DMG electronically including via tools available on the DMG website. The message is considered delivered when DMG confirms its delivery to User.

DMG may occasionally contact User. In that event, DMG will use either the email address listed under User account or by a notice available to User upon logging into the User account.

DMG will occasionally send Users emails with commercial announcements. Users may opt out of these communications.

12. CONFIDENTIALITY

Sometimes DMG will share with Users information that is not meant to be public. For that reason, DMG asks User to keep confidential and not disclose to third parties the details of DMG and User’s mutual legal relationship (such as pricing and payment details or details about any tailored services), as well as any other information that User learns from DMG and that was marked, accompanied, or supported by documents designated as “confidential” or equivalent, or that was so identified by DMG as confidential or should be reasonably known to User to be confidential.

The duty of confidentiality exists for as long as is permitted by applicable law in DMG’s jurisdiction(s). The obligation to protect technical information about current Services and all information about possible unreleased products or services never expires.

This does not apply to information that was already in User’s possession before they received it from DMG; is, or becomes, publicly available through no fault of User; is rightfully received by User from a third party who has no duty of confidentiality; or is independently developed by User without a breach of confidentiality obligations hereunder.

User may disclose confidential information to their directors, officers, employees, as well as their contractors, advisors, and agents, so long as those individuals have a need to know in their work for User and are bound by obligations of confidentiality that are at least as restrictive as those imposed on User in these Terms.

Sometimes, User may be required by a government body or court of law to disclose confidential information. DMG asks User, to the extent permitted by applicable law, to allow DMG a reasonable advance notice so that User may contest the disclosure or seek a protective order.

DMG will not share, except as a result of compliance with legal authorities, (a) User’s identity and involvement in the Services, or (b) any wallet address. Unless otherwise directed by legal authorities, DMG will inform User if their identity, involvement or wallet address has been so shared.

13. CONTENT

Content accessible through DMG may be subject to intellectual property rights, and if so, User may not use it unless licensed to do so by the owner of that content or otherwise permitted by law. User’s access to the content provided by DMG may be restricted, limited or filtered in accordance with local laws, regulations, and policies.

DMG reserves the right in its discretion to include advertising in the content delivered through the Services. If so, User may not modify such advertisements and User must show them in accordance with the relevant documentation.

Unless expressly permitted by the content owner or by applicable law, User agrees that they will not do the following with content delivered through the Services:

1. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display or sublicense to any third party.
2. Misrepresent the source or ownership or remove, obscure or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin of source material.

14. BRAND FEATURES; ATTRIBUTION

“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, these Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by User of DMG’s Brand Features (including any goodwill associated therewith) will inure to the benefit of DMG.

User agrees to display any attributions required by DMG. DMG hereby grants to User a non-transferable, non-sublicensable, nonexclusive license during the term to display DMG’s Brand Features for the purpose of promoting or advertising that User transacts with DMG. User must use the DMG Brand Features in only accordance with these Terms and for the purpose of fulfilling User’s obligations under this section. User understands and agrees that DMG has the sole discretion to determine whether User’s attribution(s) and use of DMG’s Brand Features are in accordance with the above requirements and guidelines.

15. PRIVACY AND SECURITY

1. DMG represents that the collection of User’s personal information will be limited as much as possible. 
2. User acknowledges that although DMG constantly attempts to improve the security of the Services against hacking and other similar attacks, these attacks regularly occur and attacks may succeed. In such case neither DMG nor any other person responsible for the operation of the Services shall be held liable to User for the loss or theft of information or value, in whatever form, or for the related inability to pay the full remuneration pursuant to this section of the Terms or for a reduction of such remuneration.

16. APPLICABLE LAW

The applicable law is the law of the State of Delaware, in the United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any that might arise between User and DMG in connection herewith.

17. DISPUTE RESOLUTION

User agrees to notify DMG of any disputes arising out of or in connection with these Terms and User agrees that User will always and in good faith attempt an out-of-court dispute resolution before User brings the dispute before the courts.

Any dispute relating in any way to these Terms shall be decided with final effect before the courts of The State of Delaware in the United States of America.

Should User violate or threaten to violate DMG’s intellectual property rights in any manner, DMG may seek an injunction or other appropriate relief in any court of DMG’s choice. User consents to exclusive jurisdiction and venue in such courts.

18. MISCELLANEOUS

LOGIN CREDENTIALS

User agrees to use a confidential and unique password which User has not used elsewhere. DMG has the goal of eventually offering MFA options for Users to better secure their User account.

SEVERABILITY

If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provision found to be null and void, the Parties would not have concluded these Terms.

The Parties shall use all reasonable efforts to replace all provisions found to be null and void by provisions that are valid under the applicable law and come closest to its original intention.

ENTIRE AGREEMENT

These Terms set out the entire agreement between User and DMG. Neither Party has entered into these Terms in reliance upon any representation, warranty or undertaking of the other Party that is not expressly set out or referred to in these Terms.

LINKED WEBSITES

DMG’s website may contain links to the websites of other independent third parties. Any such website link is provided only for the convenience of visitors and is not under the control of DMG. DMG does not acknowledge or assume any responsibility for any information or material on any such website link. User is solely responsible for determining their interaction with any such website link.

NO ASSIGNMENT

User may not assign or transfer any of User’s rights or obligations assumed under these Terms or in any other way related thereto without DMG’s prior written consent.

TRANSFERABILITY

DMG may transfer its rights and obligations under these Terms to other entities including any other firm or business entity that directly or indirectly acquires all or substantially all of the assets or business of DMG. If User does not consent to any transfer, User may terminate these Terms and close their User account.

SOC2 REPORTS 

SOC2 reports will, subject to a separate non-disclosure agreement, be provided to Users when such reports are made available.

PROHIBITED ACTIVITIES

User will not perform an action with the intent of introducing to the Services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.

User will not abuse DMG’s or the Services’s mechanisms, system setups, malfunctions, bugs or imperfections in programming or errors in the respective cryptocurrency network to the advantage or disadvantage some Users, or to disrupt DMG or the Services. The term “abuse” includes but is not limited to any attempted hacking or other factual offensive attack.

User will not interfere with or disrupt the Services or the servers or networks providing Services.

User will not promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.

User will not reverse engineer or attempt to extract the source code from DMG or the Services or any related software, except to the extent that this restriction is expressly prohibited by applicable law.

Certain developer credentials are, by their nature, considered confidential. User will not disclose such confidential credentials to any third party except their agent(s) using such information solely on their behalf in accordance with these Terms and under a written duty of confidentiality.

DMG’s communications to User may contain confidential information about the Services. If User receives any materials or communications that are clearly confidential or marked confidential, then they will not disclose DMG confidential information to any third party without DMG’s prior written consent.

OPERATOR CHANGE

User agrees to any future change of the Services’s operator (assignment of these Terms).

NO WAIVER

No failure to enforce nor delay in enforcing, on DMG’s side of these Terms, any right or legal remedy shall function as a waiver thereof, nor shall any individual or partial exercise of any right or legal remedy prevent any further or other enforcement of these rights or legal remedies or the enforcement of any other rights or legal remedies.

 

THIRD PARTY RIGHTS 

These Terms do not create any third-party beneficiary rights in any individual or entity.

SURVIVABILITY

All the provisions of these Terms that by their nature extend beyond the termination of the mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of the mutual legal relationship.

LANGUAGES

These Terms and all the related documents may be translated into multiple language versions. In case of any discrepancies between the individual language versions, the English language version shall always control.

MODIFICATION

DMG may modify these Terms or any additional terms that apply to DMG occasionally, for example, to reflect changes to the law or changes to the Services. DMG will post notice of modifications to these Terms or additional terms within the documentation. Changes are effective seven (7) calendar-days after they are posted. However, changes specific to new functionality for DMG or changes made for legal reasons will be effective immediately. User agrees that their continued use of DMG constitutes an acceptance of the modified Terms or additional terms.

DISAGREEMENT

If User does not agree with any part of these Terms or if User has any reservations, User may not use the Services or transact with DMG and must delete their User account and leave the website/platform immediately.

CONFLICT

DMG may change or amend these Terms or add terms from time to time, and if DMG does so, DMG requests that User to read through and agree to all the terms.

If, and only if, User agrees to all the terms and conditions herein, then User may begin using the Services.

If there is a documentation conflict, please inform DMG immediately, so that DMG can attend to it and improve its documentation.

The rights and remedies conferred on DMG by, or pursuant to, these Terms are cumulative and are in addition, and without prejudice, to all other rights and remedies otherwise available to DMG at law.