1. General Overview
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This agreement ("Agreement") regulates your engagement with the Platform (described below) and the Offerings (described below). This Agreement encompasses all protocols, notifications, supplementary conditions, guidelines, and disclaimers we publish periodically. This Agreement forms a legally enforceable contract between Digital Ventures Ltd and its associated entities ("Organization", "Pionexa", "our", "we") and yourself, a participant of the offerings ("participant" or "you") at https://pionexa.com/ ("Offerings"). Through navigating, utilizing or interacting with our platform (including all associated domains) or its mobile interfaces ("Platform") or engaging with, utilizing or trying to utilize the Offerings, you confirm that you have reviewed, comprehended, and accept these conditions and that you fulfill the criteria specified here. Should you disagree with this Agreement or fail to meet the criteria, please refrain from engaging with the Platform or Offerings. Additionally, certain functionalities of the Offerings may have specific supplementary conditions that apply.
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We retain the right to alter, pause or cease the Platform or Offerings whenever necessary without prior notification. We may additionally revise, modify, introduce or eliminate sections of this Agreement periodically. All revisions or modifications to this Agreement take effect immediately upon posting on our Platform or distribution to Participants. Thus, your ongoing utilization of our Offerings indicates your agreement to the revised conditions and guidelines. Should you disagree with any modifications to this Agreement, please discontinue engaging with the Platform or Offerings. We acknowledge that this Agreement between us may not address every potential right and responsibility, and might not fully accommodate future requirements. Consequently, our data protection guidelines, platform protocols, instructions and all separate contracts established between us are considered complementary provisions forming an essential component of this Agreement with equivalent legal standing. Your engagement with the Platform or Offerings indicates acceptance of these complementary provisions as well.
2. Qualification Criteria
- Through navigating, utilizing or interacting with our Platform and utilizing or trying to utilize our Offerings, you confirm and guarantee that: (a) whether an individual, corporate entity, or other institution, you possess complete legal authority and capability to accept and commit to this Agreement; (b) you have reached 18 years of age or the legal majority age for contract formation under relevant legislation; (c) your engagement with the Offerings complies with all relevant legislation and remains consistently lawful, particularly regarding anti-money laundering, anti-bribery, and counter-terrorism financing ("CTF") requirements; (d) you have not had prior restrictions or exclusions from utilizing our Offerings; (e) when representing a corporate entity as staff or representative and accepting this Agreement for them, you confirm and guarantee possession of all required permissions and authority to commit that entity; and (f) you bear complete accountability for utilizing the Offerings and, where relevant, for all actions occurring within your participant profile. (g) you do not reside in specific regions (namely particular restricted & prohibited nations, refer to Limitations) if participating in token offerings
3. User Authentication
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Our organization and partners might, though are not required to, gather and authenticate details about you to maintain proper participant documentation, safeguard our platform and community from deceptive participants, and detect indicators of money laundering, terrorism financing, fraudulent activity and other financial violations, or for additional legitimate objectives.
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We might request you to supply or authenticate supplementary details before allowing you to navigate, utilize or interact with our Platform and/or utilize or try to utilize any Offering. We might additionally pause, limit, or cancel your engagement with our Platform or any or all Offerings under these conditions: (a) when we have reasonable grounds to believe you're utilizing our Platform and Offerings for any restricted activity or operation; (b) your engagement with our Platform or Offerings faces ongoing legal proceedings, inquiries, or governmental actions and/or we identify elevated legal or compliance risks connected to your participation; or (c) you perform any activity we consider as bypassing our safeguards, particularly, though not exclusively, exploiting promotional offers we might present periodically.
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Beyond supplying requested details, you consent to our retention of such details throughout your profile's active period and for five (5) years following profile closure. You additionally permit us to distribute your provided details and materials to external parties for authentication purposes. We might perform required investigations independently or via external parties to authenticate your identity or safeguard both parties from financial violations like fraudulent activity, and implement required measures following investigation outcomes. We will gather, utilize and distribute such details per our data protection guidelines.
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When supplying details to us, you must verify such details are accurate, comprehensive, and promptly revised when modifications occur. Should we have reason to suspect any details you supplied are inaccurate, misleading, obsolete or lacking, we maintain the authority to notify you requesting amendments, immediately remove the concerning details, and where applicable, discontinue some or all Offerings we supply to you. You accept complete responsibility for any damages or costs incurred by us through your engagement with the Offerings. You recognize and accept your responsibility to maintain all details as accurate, revised and proper continuously.
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We maintain the authority to freeze all assets discovered to breach applicable AML or CFT legislation and requirements, and to collaborate with relevant officials when required.
4. Limitations
- You must not navigate, utilize or interact with our Platform and/or utilize or try to utilize the Offerings except as specifically allowed in this Agreement. Without restricting the previous statement's scope, you must NOT: (a) utilize our Platform or engage with the Offerings through deceptive or illegal methods, for fraudulent or harmful purposes, or in ways conflicting with this Agreement; (b) breach relevant legislation or requirements in any way; (c) utilize our Platform if located in Afghanistan, American Samoa, Angola, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, China, Crimea of Ukraine, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Guam, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Japan, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Mozambique, Myanmar, Nicaragua, Northern Mariana Islands, Pakistan, Puerto Rico, Republic of the Congo, Russia, Somalia, South Sudan, Sri Lanka, Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, United States, Uzbekistan, Vanuatu, Venezuela, Virgin Islands (U.S.), Yemen, and Zimbabwe or if from nations prohibited by OFAC, EU and US or prohibited individuals per similar standards (d) breach any ownership rights, particularly though not exclusively copyrights, patents, trademarks, or confidential information of Pionexa; (e) utilize our Platform or engage with the Offerings to transfer any information or submit or post any content containing malware, trojans, worms, logic bombs, keyloggers, spyware, adware, or other detrimental software or programming intended to harm computer systems or equipment operation; (e) employ any automated access, scrapers, bots, crawlers or other mechanized tools, software, codes, formulas or techniques, or comparable manual methods to navigate, acquire, duplicate, observe, copy or circumvent the Platform or Offerings; (f) create any duplicate or backup versions of the Platform or its components, including reverse engineering or decompiling the Platform; (g) breach community welfare, ethical standards, or others' valid concerns, particularly actions that would disrupt, interrupt, harm, or prevent other Participants from utilizing our Platform and Offerings; (h) engage with the Offerings for market distortion (including pump schemes, circular trading, self-dealing, priority trading, quote manipulation, and false orders or stacking, whether legally restricted or not); (i) try to navigate any section or feature of the Platform without permission, or link to the Platform or Offerings or any Organization infrastructure or other systems or connections of any Offerings supplied through the offerings via intrusion, credential extraction or other illegal or restricted methods; (j) examine, test or evaluate the weaknesses of the Platform or Offerings or any connection linked to the properties, or breach any protection or verification protocols on the Platform or Offerings or any linked connection; (k) trace, monitor or attempt to monitor any details of other Participants or users of the Platform or Offerings; (l) perform any activities creating excessive or unreasonable demands on the framework of systems or connections of the Platform or Offerings, or the framework of any systems or connections linked to the Platform or Offerings; (m) employ any tools, programs or automated methods to disrupt the standard functioning of any activities of the Platform or Offerings, or any other individual's engagement with the Platform or Offerings; or (n) falsify identifiers, assume identities, or otherwise alter identification, to hide your identity or the source of any communications or transfers you submit to Pionexa or the Platform. Through engaging with the Offerings, you accept that we maintain the authority to examine any breach of this Agreement, independently establish whether you have breached this Agreement, and implement measures per applicable requirements without your agreement or advance notification.
5. Platform Offerings and Staking Features
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We supply a staking or investment feature where Participants can invest their cryptocurrency to obtain liquid staking tokens indicating a portion of a staking collective on the Pionexa platform. Participants must specify the quantity of cryptocurrency for staking on the platform through linking our Platform with your digital wallet. After staking directions are validated, the system will document such directions and generate tokens for the Participant based on the token exchange ratio.
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You recognize that we cannot assure or promise specific reward quantities from staking your cryptocurrency tokens.
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You additionally recognize and accept that we maintain complete authority to decline your involvement in staking, should you be unable to satisfy your authentication criteria or due to any questionable behavior identified during your involvement on our Platform and in our Offerings.
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Should you desire to withdraw or redeem your tokens and obtain the rewards, you will submit withdrawal directions via our Platform where we execute a token exchange utilizing the liquidity mechanism. After this exchange, you will obtain the corresponding cryptocurrency based on the tokens the participant directs to exchange less a transaction charge. You recognize and accept that when you withdraw tokens into cryptocurrency, the transfer duration of such cryptocurrency to your wallet might differ depending on request timing and processing. We will additionally apply a withdrawal charge or minimum activity threshold, which will fluctuate and be modified exclusively at our judgment regularly.
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You recognize and accept that we maintain the authority to revise any conditions concerning any particular staking mechanism established by us whenever necessary at our judgment. We accept no responsibility for any damages resulting from your misinterpretation of the conditions of our staking mechanism provisions and modifications to such conditions.
6. Discontinuation
- Pionexa might discontinue, pause, or alter your engagement with Platform and/or the Offerings, or any element of them, instantly and whenever necessary, at its judgment. Pionexa accepts no responsibility to you or any external party for any discontinuation, pause, or alteration of your engagement with the Offerings. Following discontinuation of your engagement with the Offerings, this Agreement will cease, excluding those sections that specifically or are meant to remain effective following discontinuation or termination.
7. Limitations of Liability
OUR OFFERINGS ARE SUPPLIED ON AN "AS PROVIDED" AND "WHEN ACCESSIBLE" CONDITION WITHOUT ANY ASSURANCE OR GUARANTEE, WHETHER STATED, SUGGESTED OR LEGAL. YOU RECOGNIZE AND ACCEPT THAT YOU HAVE NOT DEPENDED ON ANY ALTERNATIVE DECLARATION OR CONTRACT, WHETHER VERBAL OR DOCUMENTED, CONCERNING YOUR UTILIZATION AND ENGAGEMENT WITH THE OFFERINGS.
TO THE FULLEST DEGREE ALLOWED BY RELEVANT LEGISLATION, EXPLICITLY REJECTS ANY SUGGESTED GUARANTEES OF OWNERSHIP, SUITABILITY, APPROPRIATENESS FOR A SPECIFIC OBJECTIVE AND/OR NON-VIOLATION. PIONEXA PROVIDES NO ASSURANCES OR GUARANTEES THAT ENGAGEMENT WITH THE PLATFORM, ANY ELEMENT OF THE OFFERINGS, INCLUDING MOBILE FEATURES, OR ANY CONTENT WITHIN, WILL BE ONGOING, CONTINUOUS, PUNCTUAL, OR WITHOUT ERRORS AND ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGES CONNECTED TO THIS. PIONEXA DOES NOT ASSURE OR GUARANTEE THAT THE PLATFORM, THE OFFERINGS OR ANY CONTENT OF PIONEXA ARE PRECISE, THOROUGH, DEPENDABLE, RECENT, WITHOUT ERRORS, OR WITHOUT MALWARE OR OTHER DAMAGING ELEMENTS.
8. Proprietary Rights
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All existing and forthcoming intellectual property, ownership, interests regarding the Offerings, protected and unprotected brands, creative rights, unprotected creations, information rights and all additional existing and forthcoming proprietary rights and entitlements similar to proprietary rights that are present in or connected to the utilization and engagement with the Platform and the Offerings belong to or are otherwise authorized to Pionexa. Contingent on your adherence to this Agreement, we provide you a limited, non-transferable permission, and any restricted permission to simply utilize or engage with the Platform and the Offerings as allowed under this document.
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Unless specifically mentioned in this Agreement, no part of this Agreement should be interpreted as providing any entitlement in or permission to our or any external party's proprietary rights.
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Should any such proprietary rights become attributed to you through legal process or otherwise, you consent to perform any and all actions and sign any and all materials as we might fairly request to transfer such proprietary rights to us.
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You consent and recognize that all material on the Platform cannot be duplicated or replicated, altered, shared, utilized, developed for secondary products, or otherwise handled for any alternative purpose without receiving documented permission from us.
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External parties engaging on the Platform might allow us to employ brands, protected content, and additional proprietary rights connected to their operations. We make no guarantee or assertion that the material of the Platform does not violate the entitlements of any external party.
9. Separate Entities
- Pionexa operates as a separate service provider rather than a representative of you in executing this Agreement. This Agreement must not be considered as proof or indication of a partnership, collaborative enterprise, joint venture or licensing arrangement between the entities.
10. Protection and Compensation
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You consent to protect and safeguard Pionexa and its partners and their corresponding investors, participants, management, executives, staff, legal counsel, representatives, delegates, vendors or service providers from and against any possible or real disputes, lawsuits, actions, inquiries, requests, legal actions, expenses, costs and losses (encompassing legal expenses, penalties or fines enforced by any governing body) resulting from or connected to: (a) your utilization of, or behavior regarding, the Platform or Offerings; (b) your violation or our implementation of this Agreement; or (c) your breach of any relevant legislation, requirement, or entitlements of any external party while utilizing the Platform or Offerings.
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Should you be required to protect Pionexa and its partners and their corresponding investors, participants, management, executives, staff, legal counsel, representatives, delegates, vendors or service providers according to this Agreement, Pionexa maintains the authority, at its judgment, to manage any lawsuit or action and to decide whether Pionexa desires to resolve, and if applicable, under what conditions.
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Your responsibilities under this protection clause will persist even following the expiration or discontinuation of this Agreement.
11. Privacy Protection
- You recognize that the Offerings include Pionexa's and its partners' proprietary knowledge and private details. You consent to maintain and preserve the Offerings in strict confidence, and not to disclose to any other individual any private details of the Offerings or the Platform. You consent to employ appropriate measures to safeguard the privacy of the Offerings. You must not eliminate or modify any of Pionexa's or its partners' ownership indicators. Your responsibilities under this clause will persist even following the expiration or discontinuation of this Agreement.
12. Financial Crime Prevention
- Pionexa strictly forbids and refuses the utilization of the Platform or the Offerings for any type of illegal operation, particularly money laundering, terrorism funding or violations of trade restrictions. Through utilizing the Platform or the Offerings, you affirm that you are not engaged in any such operation.
13. Uncontrollable Circumstances
- Pionexa accepts no responsibility to you if it becomes unable or postponed in fulfilling its responsibilities or from operating its Offerings and operations, due to circumstances, situations, failures or incidents outside its appropriate management, encompassing, without restriction, work stoppages, breakdown of essential services or communication systems, natural disasters, conflicts, civil unrest, public disturbance, intentional harm, adherence to any legislation or official directive, guideline, requirement, or instruction.
14. Legal Framework and Authority
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The entities will try in sincere cooperation to jointly settle any and all conflicts, whether legal or factual, and of any character arising from or regarding this Agreement. This Agreement and any conflict or dispute resulting from or related to the Offerings or the Platform will be regulated by, and interpreted per, the legislation of the British Virgin Islands.
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Any conflict not settled through sincere cooperation discussions might be submitted by either entity for conclusive, enforceable settlement through mediation per the mediation guidelines of the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Managed Mediation Guidelines effective when the mediation request is filed. The legislation of this mediation section will be Hong Kong legislation. The location of mediation will be Hong Kong. The quantity of mediators will be one (1). The mediation process will be performed in English.
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Any Conflict resulting from or connected to this Agreement is individual to you and us and will be settled exclusively via personal mediation and will not be initiated as a collective mediation, group lawsuit or any alternative form of collective action. There will be no collective mediation or mediation where a person tries to settle a conflict as a delegate of another person or collection of persons. Additionally, a conflict cannot be initiated as a group or alternative form of collective lawsuit, whether inside or beyond mediation, or for any other person or collection of persons.
15. Divisibility
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Should any clause of this Agreement be found by any tribunal or other authorized body to be invalid or unimplementable, the remaining clauses of this Agreement will persist in force.
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Should any invalid or unimplementable clause become valid or implementable if a portion were removed, that portion will be considered removed, and the remainder of the clause will persist in force (except if that would oppose the obvious purpose of the section, in which situation the complete applicable clause will be considered removed).
16. Communications
- All communications, inquiries, requests, and decisions for us per this Agreement (excluding standard functional messages) must be directed to [email protected]
17. Transfer of Rights
- You cannot transfer or delegate any entitlement to utilize the Offerings or any of your entitlements or responsibilities per this Agreement without advance documented permission from Pionexa, encompassing any entitlement or responsibility connected to the implementation of legislation or the modification of management. Pionexa might transfer or delegate any or all of its entitlements or responsibilities per this Agreement, entirely or partially, without communication or acquiring your permission or consent.
18. External Party Entitlements
- No external party will possess any entitlements to implement any conditions included here.
19. External Platform Notice
- Any connections to external party platforms from our Offerings do not suggest approval by us of any item, offering, details or notice displayed there, nor do we promise the precision of the details included on them. Should you experience damage from utilizing such external party item and offering, we accept no responsibility for such damage. Furthermore, as we maintain no management over the conditions of utilization or data protection guidelines of external platforms, you must thoroughly review and comprehend those guidelines.