Terms of Use
Introduction
The service is made available to you by TON Hedge ("TON Hedge", "we", "us" or "our") through the website located at https://tonhedge.com/ and application program interface(s), all together or each separately are referred to as (collectively, the "Software").
The following terms and conditions (the "Terms of Use") are the terms and conditions for the use of the Software by end user clients or visitors ("Client", "you" or "your"). These Terms of Use also apply to the purchase and sale of products and services by Clients through the Software.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY ACCEPTING THESE TERMS YOU AGREE AND CONFIRM THAT:
You have read, understood, and agreed to be bound by these Terms of Use;
You assume all the obligations set forth herein;
You are of sufficient legal age and capacity to use the Software;
You are not under the control of jurisdiction that explicitly prohibits the use of similar software;
You use the Software at your discretion and under your own responsibility.
These Terms of Use constitute a legally binding agreement between You and TON Hedge regarding your access to and use of the Software. By accessing or using the Software, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use the Software.
If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Use, in which case the terms "you" and "your" shall refer to such entity and its affiliates and not to you personally. If you do not have such authority you must not accept these Terms of Use and may not use the Software. TON Hedge may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software. If you breach any of these Terms of Use, your authorization to use the Software automatically terminates and you must discontinue all use of the Software.
The Software
The Software provides you with the tools that allow you to trade, stake, and manage digital assets.
Disclaimer
TON Hedge PROVIDES THE SOFTWARE. TON Hedge DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE TON Hedge IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT TON Hedge IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS AND THE FUNDS OF YOUR CLIENTS IF APPLICABLE. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT TON Hedge CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THESE RISKS AND THAT IT IS RECOMMENDED THAT YOU CONSULT WITH PROFESSIONAL ADVISORS, SUCH AS FINANCIAL, LEGAL, OR TAX EXPERTS, BEFORE MAKING ANY DECISIONS BASED ON THE USE OF THE SOFTWARE.
Provision of the software
You agree that your request to access or use any products or services provided by TON Hedge constitutes an offer to purchase under these Terms of Use. All such requests must be accepted by us, and we are not obligated to provide you with the products or services until such acceptance. We reserve the right, at our sole discretion, to decline any request, even if you have received a confirmation message or notification with details of your request.
Upon accepting your request, TON Hedge grants you a non-exclusive, non-transferable, nonsublicensable, revocable, limited license to use the Software and only as permitted by these Terms of Use.
You acknowledge and agree that the form and nature of the Software (or any features within the Software) may change from time to time without prior notice to you.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Software (or any features within the Software) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Software at any time in accordance with the terms of these Terms of Use.
You acknowledge that the TON Hedge API is an integral part of the Software and is subject to all the provisions of these Terms of Use, including liability for illegal use of computer software. Please be informed that access to regular and documented features of the API may become available automatically after you register your Client Account or upon your request to TON Hedge support service. You agree to use the API solely for developing and establishing an electronic connection to third-party services that: (i) have provided such functionality as a regular feature of their software or information system; (ii) have granted and authorized you with such access; and (iii) have regulated cooperation and/or concluded agreements with you in accordance with the laws of your respective jurisdiction.
Prices, payment terms and refunds
All prices, discounts, and promotions posted on the Software are subject to change without notice. The price charged for a product or service will be the price advertised on the Software at the time the order is placed, subject to the terms of any promotions, discounts, your geographical location, or chosen payment method. You will be charged the price advertised at the time the order is placed.
If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Additional charges or taxes may be applied by your payment service provider, issuer bank or intermediary which are beyond our control.
You must initiate payment or unconditionally agree to advance debit for the charges related to the Software or other products or services when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your order.
You can use any available and the most convenient payment method currently available in the Software for all purchases. However, TON Hedge does not guarantee the availability of any payment method at any moment. TON Hedge may add, remove or suspend any payment method temporarily or permanently at its own discretion.
You represent and warrant that: (i) the payment information you supply to us and any payment service provider we may use is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
Unless otherwise required by law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for fees payable in advance on its merits and in the manner set forth in these Terms of Use. The decision made by TON Hedge regarding any refund requests shall be final and binding on the user. Users acknowledge and agree that they have no right to challenge or dispute the decision made by TON Hedge in this regard."
You understand that you are purchasing products or services through the TON Hedge platform via a payment method supported by the platform. Unless otherwise required by law, you are obligated to contact TON Hedge support service for any issues related to payment transactions before contacting the payment service provider or financial institution. You are not to open multiple disputes or submit multiple appeals to TON Hedge or elsewhere at the same time.
Privacy and personal information
By accessing or using the Software, you understand that we will collect and use certain information about you, including personal information. For any questions or requests regarding your personal information, you may contact us via our official Telegram account @stonhedge.
Third-party information
Any third-party content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), Enterprise Partner(s), and not of TON Hedge.
TON Hedge DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
TON Hedge shall not be responsible for any actions, services, or information provided by third parties, including any errors, inaccuracies, or losses that may arise from the use of third-party information or services accessed through the Software. The use of such third-party content is at the user’s sole discretion and risk.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TON Hedge AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
TON Hedge's MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $100.00.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Term, termination and cancellation
The term of your access to the Software will remain in effect until terminated by either you or TON Hedge.
We may terminate your use of the Software and/or access to the Contents, APIs, features, functionality, products, and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If TON Hedge detects unauthorized or suspicious actions with your Client Account, it may be temporarily blocked until all the circumstances have been clarified and, if necessary, know-your-client procedures have been carried out. A Client Account can also be terminated if you do not provide the required clarifications within the time requested.
If you want to terminate your Client Account, you may do so by closing your Client Account, where we have made this option available to you. Your Client Account will be closed within thirty (30) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software.
General
a. These Terms of Use, including any other URL incorporated by reference in these Terms of Use, constitute the entire agreement between you and TON Hedge relating to your use of and our provision of the Software.
b. The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
c. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
d. The parties hereto confirm that they have requested that these Terms of Use and all related documents be drafted in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties.
e. No e-mail address found on the Software may be harvested or otherwise used for purposes of solicitation.
f. The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
g. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
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