📄Terms of Use

Last updated: February, 2024

1. INTRODUCTION

These Terms of Use, together with any supplemental terms and policies incorporated herein, constitute a legally binding agreement (collectively, the “Terms” or “Terms of Use”) made between you, whether personally or on behalf of an entity (“you”) and DTX Trading, Inc. (“DTX.trade”, “we”, “us”, or “our”) concerning your access to and use of the [https://www.dtx.trade/] website (the “Site”) and one or more DTX.trade applications (the “App”), as well as any other media form, media channel, mobile website or mobile application made available by or on behalf of DTX.trade and related, linked, or otherwise connected thereto (collectively, with the Site and the App and any Smart Contracts or other software or services enabled thereby, the “Services”). The Services include any distributed application running on one or more blockchain networks (the “Blockchains”), using smart contracts (each, a “Smart Contract”). The Services also enable users to use or interact with Smart Contracts involving other digital assets, such as fungible tokens, cards, characters, and other resources ( “Digital Assets”). These Digital Assets can be visualized via the Services and other third-party services.

The Services are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement or other regulation within such jurisdiction or country. Accordingly, you are solely responsible for compliance with all applicable laws when you access and/or use the Services.

The Services are intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Services.

PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL INDIVIDUAL ARBITRATION. PLEASE CAREFULLY READ SECTION 13.

WE ONLY MAKE THE SERVICES AVAILABLE TO YOU ON THE TERMS SET FORTH IN THESE TERMS OF USE. BY USING THE SERVICES OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE BY DTX.TRADE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Services, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will provide notice of such changes, for example by sending an email notification (if we have a valid email for you), providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms of Use. By continuing to access or use any Services at any point after such update, you confirm your acceptance of the revised Terms of Use and all of the terms incorporated therein by reference. We encourage you to review these Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms of Use, you may not access or use the Services.

2. ACCESSING THE SERVICE

a. Registration; Username and Passwords. You may be required to provide information about yourself to register for and to access or use the Services. You represent and warrant that any such information is and will remain accurate and complete, and that we has no liability whatsoever for errors and omissions in your data. You may also be asked to choose a username and password to access or use the Services. We may reject, or require that you change, any such username or password, in our sole discretion. You are entirely responsible for maintaining the security of your username and password, and you agree not to disclose or make your username or password accessible to any third party.

b. Blockchain Account. You may need a blockchain address and a third-party wallet to access the Service. In that case, your account on the service (“Account”) will be associated with your blockchain address. Your Account on DTX.trade will be associated with your linked blockchain address. By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with DTX.trade, and DTX.trade does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. DTX.trade accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account (you can contact us here).

c. Compliance. You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (i) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); (ii) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (iii) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (v) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. You further covenant that the foregoing shall be true during the entire period of this agreement. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where our Services are accessed from. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Service, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.

d. Duty to Provide Information and Documents Under Certain Circumstances. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Service

e. Unauthorized Access. You may not access or utilize the Services for the purpose of web crawling, web harvesting, data mining, data extraction, scraping or aggregating information, including without limitation listings and smart contracts available on or through the Services, or similar activities without our prior written consent in our sole discretion.

f. License to Access. You are hereby granted a limited, non-exclusive, nontransferable, non-sublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms.

3. SERVICE

a. Transacting in Digital Assets. All transactions regarding Digital Assets are managed and confirmed on the Blockchain. You understand that your Blockchain public address may be made publicly visible whenever you engage in a transaction.

b. Ownership of Digitial Asset. DTX.trade is not part of any transaction on the Blockchain networks; we do not have possession, custody, or control over any Digitial Asset appearing on the Site; and we do not have possession, custody, or control over any user's funds. Further, we do not store, send, or receive any Digitial Asset. You understand that when you interact with any DTX.trade, you always retain control over your Digitial Asset. We do not have access to your private keys.

c. DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF DTX.TRADE ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.

d. Updates. You understand that the Services are evolving. As a result, we may require you to accept updates to continue to use any portion of the Services. You acknowledge and agree that we may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to these Terms of Use. DTX.trade, its suppliers and service providers reserve all rights not granted in these Terms of Use. Any unauthorized use of any Services terminates the licenses granted by us pursuant to these Terms of Use.

4. INTELLECTUAL PROPERTY RIGHTS

a. Ownership. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Content”), are the proprietary property of DTX.trade or our affiliates, licensors or users, as applicable. The DTX.trade logo and any DTX.trade product, service name, logo, slogan, trademark and service mark contained therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Singapore, foreign jurisdictions and international conventions. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by DTX.trade.

b. RESTRICTIONS. You agree that you will not, nor will you cause or permit any third party to, do or attempt to do, any of the following without DTX.trade’s express prior written consent in each case: (i) modify, distort, or perform any other change to the Visual IP in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Visual IP as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of a Digital Asset itself); (iii) use the Visual IP in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Visual IP; (v) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Visual IP; (vi) use the Visual IP in connection with disparaging statements about DTX.trade and/or its affiliated companies, or otherwise damage the goodwill, value, or reputation of DTX.trade, or represent or imply that your exercise of the licenses granted hereunder is endorsed by DTX.trade and/or its affiliated companies; or (vii) otherwise utilize the Visual IP for your or any third party’s commercial benefit (except as otherwise permitted herein and/or other than an authorized offering of the Digital Asset itself). These restrictions will survive the expiration or termination of licenses granted hereunder. Without limiting the foregoing, the license granted by these Terms of Use does not include: (a) the right to use the Visual IP in connection with additional digital assets; or (b) the right to create derivative works of the Visual IP. You may not use or attempt to register any asset (including, without limitation, any domain names, social media accounts, or related addresses) that contains or incorporates any Visual IP, or any other representation, name, or mark that may be confusingly similar to any of DTX.trade’s intellectual property.

c. TRANSFERRING YOUR DIGITAL ASSET. You may transfer to a third party any Digital Asset that you lawfully own to a third party, subject to these Terms of Use. If you transfer any Digital Asset, you must make the transferee aware of, and you must cause any such transferee to agree in writing to comply with and be bound by, these Digital Asset Terms. You acknowledge and agree that any transfer of a Digital Asset, by you or by the then-current owner, is subject to DTX.trade’s then-current fee as set forth in the Services.

5. COMMUNICATIONS

By accessing or using the Services, you consent to receive communications from us by electronic means (e.g., via email, Discord, or by posting notices to the Services). These communications may include notices about your use of the Service (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we publish electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications.

6. FEES AND PAYMENT

a. Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services will be performed by DTX.trade’s third-party providers, such as Metamask (each, a “dApp Provider”). Your use of the Services and the payment processing and related services provided by a dApp Provider is subject to your agreement(s) with such dApp Provider for such Services and payment processing and related services, as may be modified by the dApp Provider from time to time (collectively, “dApp Provider Agreement”). As a condition of using the dApp Provider’s payment processing and related services, you must provide accurate and complete information, and you authorize us to share this information with the dApp Provider and to charge your payment method for all amounts that may become due under this Agreement. Your use of the dApp Provider’s payment processing and related services is conditioned upon your compliance with the dApp Provider Agreement, and if the dApp Provider Agreement is terminated by the dApp Provider, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. We will have no control over the dApp Provider’s payment processing and related services and cannot reverse or refund any transactions.

b. Each Blockchain may require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on such Blockchain, such Gas Fee to be based on the structure and composition of such Blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable Blockchain, and DTX.trade shall have no liability to you in connection with the same. You are required to pay all fees for transactions involving certain Blockchain networks. These fees may include Gas Fee and all other fees reflected on the Site at your use, including trading-related fees. DTX.trade does not receive fees for any Blockchain transactions or using the Site or the Service.

7. USER CONTENT

a. “User Content” means any information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings) or any of DTX.trade’s profiles on other properties (e.g., Discord). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by DTX.trade. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. DTX.trade is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

b. You hereby grant (and you represent and warrant that you have the right to grant) to DTX.trade an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, to provide and improve the Services and our other products and services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

c. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to the Service, and/or reporting you to law enforcement authorities.

d. You acknowledge and agree that submission of any questions, comments, suggestions, ideas, documents, proposals, feedback, or other information regarding the Services (“Submissions”) provided by you to us is at your own risk and that DTX.trade has no obligations (including without limitation obligations of confidentiality) with respect to such Submissions. You hereby grant to DTX.trade a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or DTX.trade’s business. To the fullest extent permitted by applicable law, you hereby waive any moral rights to any such Submissions that would limit the foregoing license grant, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions and grant the foregoing licenses.

8. INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in any disputes between users. The Services may contain User Content provided by other users. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to, User Content, including without limitation any User Content embodied by or otherwise made available through the Services. You use all User Content and interact with other users at your own risk. You agree that DTX.trade will not be responsible for any liability incurred as the result of your interactions with other users. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don’t know. WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (EACH, AN “DTX.TRADE PARTY” AND COLLECTIVELY “DTX.TRADE PARTIES”) ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. NO DTX.TRADE PARTY WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR YOUR USE OF OR YOUR USE OF OR INABILITY TO USE ANY DIGITAL ASSET PURCHASED FROM A SELLER.

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites (“Third-Party Websites”) as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). When you click on a link to a Third-Party Website or Third-Party Content, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Content are not under the control of DTX.trade and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the App; any Third-Party Content posted on, available through, or installed from the Site and/or the App; or any advertisements placed on the Site and/or the App, any services provided on the Site and/or the App, or products sold through those advertisements; including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites; and you hereby waive any claims against DTX.trade Parties arising from or related to any Third-Party Content or Third-Party Websites. If you are an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

10. ACCEPTABLE USE POLICY

You may not access or use the Services for any purpose other than that for which we make the Services available. You shall not (and shall not permit any third party) to:

i. use the Services for any purpose that is prohibited by this Agreement or is inconsistent with applicable law, rule, or regulation;

ii. access the Services through automated or other non-human means, whether through a bot, script or otherwise;

Frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of DTX.trade;

Use any metatags or other “hidden text” using DTX.trade’s name or trademarks;

Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law;

Remove or destroy any copyright notices or other proprietary markings contained on or in the Services;

Take any action or make available any content on or through the Services that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane, including without limitation in an attempt to learn sensitive Account information such as user passwords; (ii) constitute unauthorized or unsolicited advertising, junk or bulk e-mail; (iii) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without DTX.trade’s prior written consent; (iv) impersonates any person or entity, including any employee or representative of DTX.trade, or uses the username of another user; or (v) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement. Without limiting the foregoing, except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

Use a buying agent or purchasing agent to make purchases on the Services;

Circumvent, disable, bypass, or otherwise interfere with or attempt to interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;

Make improper use of our support services or submit false reports of abuse or misconduct;

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except for the allowable purposes enumerated at the beginning of this Section 10;

Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Site;

Sell or otherwise transfer or attempt to transfer your Account;

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not expressly permitted hereunder;

Disparage, tarnish, or otherwise harm or attempt to harm DTX.trade and/or any of the Services, as determined by us in our sole discretion;

Use the Blockchains to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberating engaging in activities designed to adversely affect the performance of the Blockchains or the Services;

Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading practices; or

Use Digital Asset in any manner not then-currently permitted (a) by the rules of the applicable game; or (b) as communicated by DTX.trade through official channels such as Discord, Twitter, Substack or other means of communication. Use of Digital Asset in any prohibited manner may result in the disqualification and ineligibility of Accounts for rewards, prizes, or other benefits that would otherwise be available to eligible Accounts.

The rights granted to you in these Terms of Use are subject to your compliance with the restrictions set forth in this Section. Any future release, update or other addition to the Services shall be subject to the Terms of Use.

11. TERMINATION

If you want to terminate the Services, you may do so by (a) notifying us at any time; and (b) closing your Account; provided, however, that notwithstanding any such termination and for the avoidance of doubt, these Terms will continue to apply with respect to any Digital Asset owned by you and all of your User Content. These Terms of Use remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE THIS AGREEMENT AND/OR DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR FOR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or a borrowed name, or the name of any third party, or from otherwise using the Services, even if you are acting on behalf of the third party. In addition to terminating and suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, as set forth in more detail in Section 17, below. You understand that any termination of your right to access and use the Services may involve deletion of your User Content associated with your use of the Services from our live databases. DTX.trade will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your right to access and use the Services or deletion of your User Content. All sections intended by their nature to survive will survive the termination of this Agreement.

12. GOVERNING LAW

These Terms of Use and your use of the Services are governed by and constructed in accordance with the laws of the Singapore, as applicable to agreements made and to be entirely performed in the Singapore, without regard to its conflicts of law principles.

13. DISPUTE RESOLUTION

a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute or (ii) thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

b. Binding Arbitration. If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration can take place in the Singapore. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in the Singapore, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to Services be commenced more than one (1) year after the cause of the action arose. Each Party agrees that, if this provision is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

c. Exceptions to the Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Each Party agrees that, if any portion of this provision is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction located in the Singapore.

14. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DTX.TRADE PARTIES MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DTX.TRADE PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT:

(I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (IV) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, THE METAMASK ELECTRONIC WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK.

DTX.TRADE IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK OR INCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF FUNDS. YOU ACKNOWLEDGE AND AGREE THAT THE DTX.TRADE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY DTX.TRADE PARTY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT DTX.TRADE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS.

DTX.TRADE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT DTX.TRADE DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER. DTX.TRADE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

YOU HEREBY UNDERSTAND THAT THE SERVICES PROVIDED BY DTX.TRADE ARE NOT AVAILABLE TO THE FOLLOWING (EACH, A "RESTRICTED PERSON"): 1) RESIDENTS IN THE FOLLOWING COUNTRIES OR REGIONS: THE UNITED STATES, MAINLAND CHINA, SEYCHELLES, CRIMEA REGION, CUBA, IRAN, NORTH KOREA AND SYRIA; 2) ANY ENTITIES OR INDIVIDUALS THAT ARE RESTRICTED UNDER APPLICABLE TRADE SANCTIONS AND EXPORT COMPLIANCE LAWS; OR 3) ANY ENTITIES OR INDIVIDUALS THAT ARE RESTRICTED UNDER DTX.TRADE’S COMPLIANCE OBLIGATIONS AND/OR INTERNAL RISK CONTROL POLICIES. THE ABOVE LIST IS NOT EXHAUSTIVE. BEFORE USING THE SERVICES PROVIDED BY DTX.TRADE, PLEASE CONFIRM THAT YOU ARE NOT A RESTRICTED PERSON. IN THE EVENT THAT YOU ARE A RESTRICTED PERSON AND YOU USE THE SERVICES PROVIDED BY DTX.TRADE, ALL LEGAL RISKS AND LIABILITIES CAUSED BY OR ARISING FROM SUCH USAGE SHALL BE ENTIRELY BORNE BY YOU, AND DTX.TRADE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE SERVICES TO YOU, AND YOU SHALL NOT BE ENTITLED TO ASK DTX.TRADE TO PROVIDE ANY REFUND.

We are not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Digital Assets. We are not responsible for casualties due to developers’ or representatives’ delay or failure to report any issues with any blockchain supporting Digital Assets, including without limitation forks, technical node issues, or any other issues that result in losses of any sort. We do not transfer legal ownership of Digital Assets from the Seller to the Buyer. Further, we cannot guarantee continuous or secure access to the Services and operation of the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.

15. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE DTX.TRADE PARTIES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, RESULTING FROM:

(a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF AN DTX.TRADE PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY AN DTX.TRADE PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY AN DTX.TRADE PARTY’S FRAUD OR

FRAUDULENT MISREPRESENTATION. YOU AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE DTX.TRADE PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO DTX.TRADE BY YOU IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM OR (B) ONE HUNDRED US DOLLARS (US $100.00). YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

16. ASSUMPTION OF RISK

You accept and acknowledge each of the following:

The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Digital Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Digital Assets will not lose money.

You are solely responsible for determining what, if any, taxes apply to your Digital Asset-related transactions. DTX.trade is not responsible for determining the taxes that apply to your transactions on the Services.

The Services do not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on the applicable Digital Asset’s supporting blockchain. Any transfer of Digital Assets occurs only on the supporting blockchain, and not on the Services.

There are risks associated with using Digital Assets and cryptocurrencies, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Blockchains or any other blockchain, however caused.

A lack of use or public interest in the creation and development of distributed ecosystems (including without limitation the Blockchains) could negatively impact the development of the DTX.trade ecosystem, and therefore the potential utility or value of Digital Assets.

The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the DTX.trade ecosystem, and therefore the potential utility or value of Digital Assets.

Upgrades to the Blockchains may have unintended, adverse effects on the Services, including any Digital Assets made available by DTX.trade.

17. INVESTIGATIONS

If we become aware of any possible violations by you of these Terms of Use, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity may have occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your Content, in DTX.trade’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms of Use, (iii) respond to any claims that your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of DTX.trade, its users, or the public, and all law enforcement or other government officials, as DTX.trade in its sole discretion believes to be necessary or appropriate. By agreeing to these Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Services, including without limitation text, voice, or video communications.

18. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DTX.trade and the DTX.trade Parties from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms of Use or your use of the Service or the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, User Content, or any Digital Assets, (b) any Submissions you provide, (c) your violation of these Terms of Use, and (d) your violation of the rights of any third party, including another user. You agree to promptly notify DTX.trade of any third-party Claims and cooperate with the DTX.trade Parties in defending such Claims. You further agree that the DTX.trade Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND DTX.TRADE.

19. RELEASE

You hereby release and forever discharge DTX.trade and the DTX.trade Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users). IN CONNECTION WITH THE FOREGOING YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OR RULE IN YOUR JURISDICTION, WHICH STATES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

20. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Services, or with respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. You may not assign these Terms of Use, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision will be construed in a manner to reflect, as nearly as possible, the original intention of the Parties, and the remaining portions will remain in full force and effect. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. The communications between you and DTX.trade may take place via electronic means, whether you visit the Services or send DTX.trade e-mails, or whether DTX.trade posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from DTX.trade in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DTX.trade provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, which may include without limitation the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”) or any comparable law or rule of your jurisdiction.