Terms of Service
Date Last Revised: September 11, 2025
Introduction
These Terms of Service (“Terms”), which shall be viewed as an agreement between an individual or entity user or authorized representative of such user (“you”, “your”, “user”) and Superlink (“Superlink”, “we”, “us”, “our”), govern your access and use any Services (as defined in Section 3 of these Terms) as accessible through our website https://superlink.ag/, as well as any other media form, media channel, mobile applications or any other website-hosted or mobile-user interface, products, and services marketed, advertised, or marked by us with the name “Superlink” from time to time (collectively, the “Site”).
By accessing the Site and/or connecting a Wallet to the Site and/or using any or all the Services (as defined below), you accept and agree to be legally bound by these Terms and all the terms incorporated herein by reference.
Superlink reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being made accessible via the Services. Such revised Terms shall be binding on you, and by your continued access and/or use of the App for purposes of participating in the Services, you shall be deemed to agree to and accept the Terms as revised.
THE SITE AND SERVICES IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY SUPERLINK AND/OR ITS AFFILIATES, AND SUPERLINK AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX AND/OR OTHER PROFESSIONAL ADVISOR(S). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, OR PARTICIPATE IN THE SERVICES, AND YOU MUST CANCEL YOUR ACCESS IMMEDIATELY.
(a) In these Terms, the following words, and expressions, whenever used in these Terms shall have the respective meanings indicated below:
“Address” means an address on the applicable digital ledger or blockchain network.
“Affiliate” means with respect to any person or entity, any other person or entity directly or indirectly controlling, controlled by or under common control with such person; and as used in this definition, “control” means the power to direct or cause the direction of the management or policies of a person or entity, whether through the exercise of voting power or by contract and “controlling” and “controlled by” shall have correlative meanings.
“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network, including but not limited to Tokens.
“Fork" means a change in the current source code or generating new and supplementary source code for a blockchain.
“Governmental Authority” means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.
“Laws” means the laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders, and decrees of any Governmental Authority.
“Liquidity Provider” means a user that funds a liquidity pool with Tokens in exchange for transaction fees in connection with the Services.
“Network Attack & Vulnerabilities” means hacks, cyber-attacks, network attacks (including double-spend attacks, majority mining power attacks and “selfish-mining” attacks, 51% or network attacks), distributed denials of service or errors, or any attacks, vulnerabilities or defects on the network.
“Superlink Smart Contract” means any open-source computer protocol as may be deployed on, via or through the Site from time to time (including all related trademarks and other intellectual property, whether such use is via the Site or otherwise);
“Services” means, all services and features provided on the Site as outlined in Section 3 of these Terms and any additional services or functionalities that may be introduced within the Site from time to time. Each specific service is termed as a “Service” while all combined are referred to as “Services”.
“Service Provider” means certain third-party services providers from time to time used by Superlink in the course of provision of the Services.
“Third Party Integrated Applications” means the third party applications and interfaces which are not developed or created by Superlink and are integrated to the Site.
“Token(s)" means any cryptographic asset, virtual asset, digital asset or virtual currency, regardless of its form, function, or method of issuance.
“Wallet” means a digital storage component generated by a third-party provider that can be imported and accessed within the Site, for storing, managing, and facilitating transactions involving your Digital Assets stored on the blockchain(s) supported by the Site.
(b) Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.
Superlink is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
(c) NOT FINANCIAL ADVICE: WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF THE SITE AND THE SERVICES AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN THE SERVICES OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
Contracting Party and Eligibility to access to and use the Service
(a) The party that is legally bound by these Terms (and that is identified in these Terms as ‘you’) is either the individual who accepted these Terms (the “Signatory”); or the individual or entity, if any, that legally authorized the Signatory to accept these Terms on its behalf (the “Principal”).
If the Signatory asserts that there is a Principal but the individual or entity identified as the Principal (i) does not fully satisfy the Eligibility Conditions under Section 2(b) below or (ii) is for any reason not legally bound to these Terms, then the Signatory will be bound to these Terms in his or her personal capacity.
(b) To be eligible to access and/or use the Services, you must satisfy each of the following conditions (the “Eligibility Conditions”):
If you are an individual:
(i) you must be at least 18 years old or above the minimum age in your jurisdiction to have the legal capacity to enter into contracts and to use the Services;
(ii) you are not a citizen or permanent resident of, you do not have a primary residence in, and you are not physically located in (i) China, Cuba, Egypt, Hong Kong, Iran, Iraq, Democratic People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or its territories or possessions; or (ii) any country (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and
(iii) you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
If you are an entity:
(i) you are duly organized and validly existing under the applicable laws of the jurisdiction of your organization;
(ii) you have authorized your Signatory to accept these Terms on your behalf;
(iii) you are not a resident for tax purposes of, you do not have a domicile in, and you are not physically located in (i) China, Cuba, Egypt, Hong Kong, Iran, Iraq, Democratic People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or its territories or possessions; or (ii) any country or jurisdiction (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the Laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and
(iv) you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
You can only use our Services if permitted under the Laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that your accessing, using the Services are not prohibited, restricted, or regulated by any law or regulation applicable to you. You are solely responsible (i) to determine if there are any such laws or regulations (including foreign exchange restrictions) applicable to you and to comply with them and (ii) to determine if there are any governmental or other consents or approvals which you need to obtain, and to obtain and maintain them.
You are accessing to and/or using the Services as principal and for your own account, and not as nominee or agent for, or for the account of, any other person.
(c) If you do not fully satisfy each of the Eligibility Conditions at all times from the time that you accept these Terms, then you may not, and you agree not to, access to and/or use the Services. If you access to and/or use the Services notwithstanding that you do not meet each of the Eligibility Conditions, you acknowledge that (a) your access to and/or use the Services is a breach of these Terms, and (b) you access to and/or use the Services at your own risk. You acknowledge and agree that Superlink will not be liable to you or any other party arising from or in connection with your access to and/or use the Services if you do not meet each of the Eligibility Conditions.
(d) Superlink may require you to provide certain information to confirm your satisfaction of the Eligibility Conditions and to complete the transactions related to the Services. If you do not provide the required information, then you may be unable to use the Services. Superlink’s request for, and your provision of, any information from you, and any actions or decisions Superlink may take based on that information, do not affect your obligations under this Section.
(e) As we aim to provide a safe and compliant environment within the Site and our Services, some of the products and/or features accessible through the Interface may be available to you only upon the completion of the verification process. The verification involves completing an identifying Know Your Client (KYC) / Know Your Business (KYB) questionnaire (“KYC/KYB Checks”) as required by applicable anti-money laundering, anti-terrorist financing, fraud prevention, sanctions laws and regulations. The KYC/KYB Checks may be designated to a third-party provider upon Superlink sole discretion. In order to complete the KYC/KYB Checks, you undertake to promptly provide all required information, including supporting documentation and other evidence, as may be reasonably requested, to such third-party providers elected by Superlink. You are solely responsible for the accuracy and completeness of the data provided. You acknowledge and understand that the outcome of the KYC/KYB Checks lies in the sole discretion of the third-party provider. After having successfully passed the KYC/KYB Checks you will be granted access to the relevant products and/or features on the Interface. In case you refuse or deny providing information as requested by the third-party provider, your access to the respective products and/or features of the Interface may be restricted. You understand that the amount of information requested to provide as part of the KYC/KYB Checks may be subject to change over time and that you may at a later point in time be required to provide additional documents and/or information. The data is collected to comply with applicable legal and regulatory obligations in order to verify your identity and determine your legal eligibility. This data is securely maintained and disclosed only when permitted by law. For more information on how your personal data is processed please refer to our Privacy Policy.
Services
Superlink provides a decentralized exchange (DEX) aggregator that enables users to swap certain Digital Assets across multiple blockchain networks. Our Services function solely as an online transactional interface, allowing users to access third-party decentralized liquidity pools across various chains (“Interface”). Superlink does not act as a party to any transactions. Superlink reserves the right to make changes to the Interface, including adding, modifying, or discontinuing products or features.
Superlink operates on a decentralized protocol composed of smart contracts deployed on blockchain networks (“Protocol”). The Interface may include other products and/or features added for the purposes of user experience development and improvement, including those for the informational, security, and entertainment purposes, which are not intended to affect the main purpose of the Interface described above. Superlink only provides you with access to the relevant interface and software and neither have control over your interactions with the blockchain nor encourage you to perform any interactions. Any interaction performed by you via the Interface remains your sole responsibility. Superlink does not control, manage, or operate any version of the Protocol. As a result, we cannot and do not guarantee that any transaction submitted through the Services will be confirmed or processed. By using the Services, you acknowledge and agree that (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the transaction details you submit may not be completed, or may be substantially delayed, by the Protocol; (iii) we do not store, send, or receive Digital Assets; and (iv) any transfer that occurs in relation to any Digital Asset occurs on the Protocol and therefore we do not guarantee the transfer of title or right in any Digital Asset.
Completion of transactions that you instruct for through the Interface also depends on the availability and operation of the blockchain networks. Errors or Forks in the blockchain networks may cause transactions that you initiate through the Interface to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Unfortunately, due to the decentralized nature of the blockchain networks, there is no one single point of failure, and so neither Superlink nor any particular party will be responsible to you for errors or any losses that you suffer as a result.
Moreover, it is acknowledged that the transactional arrangement does not involve the acquisition or disposition of Digital Assets directly from our end. It is clarified that we do not oversee any liquidity pools within the Protocol or exercise authority over trade executions on the Protocol.
The presence of a Token’s liquidity on the Site also does not indicate any endorsement of the token or Superlink which disclaim all responsibility for interacting with any such Tokens or their associated smart contracts. You may also, from time to time, use the Site or Services to format messages to interact with Tokens not included on the displayed list, by entering a Token’s smart contract address. Superlink disclaims all responsibility for any such interaction. By accepting these Terms, you agree to assume all risk of interacting with any Tokens or associated smart contracts.
You are responsible for confirming the parameters of any transaction message before directing their third-party wallet software to enter into a transaction. Digital Asset prices and liquidity are volatile and transaction parameters may change between the time you first select parameters and when you seek to confirm a transaction. You hereby agree that it is your sole responsibility to re-confirm all details of any potential transaction at each stage of the process through and including final confirmation of the transaction.
Third Party Integrated Applications
In addition to the Services, Superlink may provide access to additional Services through the Site from time to time, including by integrating or providing links to Third Party Integrated Applications, including, for example, services relating to (i) “bridging” Tokens from one chain to another, (ii) providing analyses regarding Token on-chain data, trading volumes and price trendlines.
When you click on a link to, or access and use, Third Party Integrated Applications, though we may not warn you that you have left our Site, you are bound by the terms and conditions (including privacy policies) of Third Party Integrated Applications. These Third Party Integrated Applications are not under the control of Superlink and may be “open” applications for which no recourse is available. Superlink is not responsible or liable for any Third Party Integrated Applications. Superlink provides links to these Third Party Integrated Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Integrated Applications, or their products or services or associations. You agree to hold us harmless from any harm resulting from your transactions with such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from or contact with any Third Party Integrated Applications. You use all links in Third Party Integrated Applications at your own risk, and you should be aware these Terms 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 or relating to any applications you use or install from the Site. Any transactions you make through Third Party Integrated Applications will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such transactions which are exclusively between you and the applicable third party.
Use of the Services
(a) Wallet Connection
To use the Services, you must first connect a Wallet to the Site, which allows you to interact with the Protocol. Connecting a Wallet will enable the Site to communicate with the third-party software associated with such Wallet. Such third-party software shall be exclusively responsible for effecting any transactions with such Wallet. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service and privacy policy and/or any other applicable terms and conditions. We do not have custody or control over the contents of your Wallet and have no ability to retrieve or transfer its contents. By connecting your Wallet to our Site, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
(b) Confirming Transactions
You are responsible for confirming the parameters of any transaction message before directing your Wallet to enter into a transaction. Digital Asset prices and liquidity are volatile and transaction parameters may change between the time you first select parameters and when you seek to confirm a transaction. You hereby agree that it is your sole responsibility to re-confirm all details of any potential transaction at each stage of the process through and including final confirmation of the transaction. In no event shall Superlink, our Affiliates or their respective directors or employees be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any interaction or continued interaction with Digital Asset derivatives, or reliance on any information provided on the Website (including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such information).
(c) Fees
Use of the Protocol and/or Services may require that you pay a fee, such as network fees, Protocol fee and other charges needed to perform a transaction (“Fees”). You must ensure that you have an adequate balance in your Wallet and/or “gas” to complete transactions before initiating a transaction. The Fees for a specific transaction will be displayed to you in the Site during the initiation of a transaction and must be accepted before executing such a transaction. By using the Site or the Services, you hereby consent to such Fees being debited from either or a combination of both of the source Token or destination Token applicable to your relevant transaction at the time such transaction is processed. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction Fees (i.e. too low or too high) or due to insufficient funds or gas associated with your Wallet address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.
We reserve the right to change those Fees at our discretion. Fees applicable to the Services or any component of the Services, if any, shall be set forth or displayed in the Site from time to time. By using the Site or the Services, you hereby consent to such Fees being debited from either or a combination of both of the source Token or destination Token applicable to your relevant transaction at the time such transaction is processed.
(d) Taxes
The use of Services and the Site shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services or the Site, including your receipt and holding of Tokens in any jurisdiction (any such taxes, a “Payable Tax”).
You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all losses, penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax. Superlink shall not be responsible for, or responsible for determining, any Payable Tax attributable to you or declaring, withholding, collecting, reporting or remitting the correct amount of Payable Tax to any Governmental Authority.
(e) Use of Third-Party Materials
If you access the Site or use any of our Services, you may also be using the Third-Party Integrated Applications or content of one or more third parties (“Third-Party Materials”). Your use of such Third-Party Materials may be subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, as applicable. You further acknowledge and agree that:
(i) Superlink makes no warranties or representations, express or implied, about such linked Third-Party Materials, the third parties they are owned and operated by, the information contained on them, the suitability of their products or services, or the assets they make accessible;
(ii) Superlink is not responsible for your access or use of Third-Party Materials and shall have no liability whatsoever in connection with your use of Third-Party Materials, including, without limitation, any transactions you dispute;
(iii) the limits of amounts that you may exchange via Third-Party Materials per day shall be subject to any requirements of the third-party developed smart contracts;
(iv) blockchain operations are irrevocable meaning when you conduct any transactions via Third-Party Materials, you shall be solely responsible for the consequences of any issues associated with such transactions, including, without limitation, your transfer to an incorrect address or problems associated with the node servers selected by you;
(v) when you use Third-Party Materials, third-party developed smart contracts may charge you handling fees and/or service fees and any information displayed on the Site relating to such fees are for your reference only as Superlink cannot and does not guarantee its accuracy, applicability, reliability, integrity or appropriateness, nor shall Superlink be liable for any loss or damage that may be caused directly or indirectly by your use of these contents; and
(vi) Superlink may, in its discretion, charge such fees at any time in the future. Any updated fees will apply to any transaction that occurs following the effective date of the updated fees.
(f) Accuracy of Information Provided by User
You represent and warrant that any information you provide to the Site and/or via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Digital Asset transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to conduct any transaction related to the Services.
(g) Risk Assessment
We may use publicly available information, as well as third-party services, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats. You acknowledge and agree that risk assessment may be conducted using third-party services to monitor Wallet addresses and/or other content for non-compliant behavior based on publicly available information. We reserve the right to block or restrict access of the Wallet address associated with such illicit activity. We hold no liability for such assessment, restriction, results, or accuracy of the third-party services.
Superlink reserves the right, but has no obligation, to use publicly available and accessible information and engage third-party providers to monitor and assess your and/or other users’ wallet addresses, third-party links, domain names, virtual currencies, smart contracts, and any other content available via the Interface for the risks of money laundering, terrorism financing, fraud and/or any other illicit or non-compliant activities. No additional personal data is collected to perform such compliance assessment.
You acknowledge and understand that the compliance assessment results lie in the sole discretion of the third-party provider. Superlink has no control over or connection to these third-party services, thus Superlink is not and cannot be responsible for the accuracy of the information or the services of such providers. These third-party services are governed by their respective terms of use, please read them carefully. Superlink reserves the right, but has no obligation, to provide respective warnings to you. You hereby acknowledge that Superlink has no responsibility and shall not be held liable for such assessment, restriction, results, or accuracy thereof. You are solely responsible for the final decision as to the applicability and fitness of such risk assessments. Superlink reserves the right, but has no obligation, to block or restrict any activity on the Interface that may be associated with any illicit and/or non-compliant activities.
Acknowledgements, Representations and Warranties
6.1. By accepting these Terms, you acknowledge, represent and warrant that:
(a) The Services and the Digital Assets do not and are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction and these Terms do not and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction;
(b) None of the Services and the Digital Assets shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you, to participate in or receive profits, income, or other payments or returns arising from or in connection with any of the Services and the Digital Assets, or to receive sums paid out of such profits, income, or other payments or returns, solely by virtue of you holding the Digital Assets;
(c) No regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the Laws of any jurisdiction, and the provision of these Terms to you does not imply that Laws have been complied with;
(d) You are fully aware of and understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with (i) any of the Services, the Site, Tokens; and (iii) your use of any of the Services, any digital asset Wallet or user interface used in connection with any of the Services, the Site and any extension of the Site;
(e) The prices and liquidity of Digital Assets are extremely volatile. Fluctuations in the price of other Digital Assets could materially and adversely affect the Digital Assets made available through the Services, which may also be subject to significant price volatility. We cannot guarantee that you will not lose money and have no responsibility to you for any such loss;
(f) There are risks associated with using an internet-based currency, 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 Superlink will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused;
(g) The regulatory regime governing blockchain technologies, cryptocurrencies, and digital assets is uncertain, and new regulations or policies may materially adversely affect the development of the Services;
(h) The Services may rely on third-party’s infrastructure to perform transactions with respect to any Digital Assets. If we are unable to maintain a good relationship with such third-party providers; if the terms and conditions or pricing of such third-party providers change; if we violate or cannot comply with the terms and conditions of such apps; or if any of such apps loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer;
(i) Your Digital Assets, or any Digital Assets you acquire, including through a third-party exchange may lose some or all of their value and you may suffer loss due to the fluctuation of prices of Digital Assets and/or significant price slippage and cost. You understand that anyone can create a Digital Asset, including fake versions of existing Digital Assets and Digital Assets that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other Digital Assets. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Services;
(j) The Interface may not be available or appropriate for use in all jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Interface and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations;
(k) No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your use of any of the Services, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect and your use of the Services and the Site does not constitute, and you do not expect it to result in, a breach, default, or violation of any Laws or any contract or agreement to which you are a party or are otherwise bound. You are responsible for ensuring compliance with the Laws of your jurisdiction in connection with your use of the Services and the Site, and acknowledge that Superlink is not liable for your compliance or non-compliance with any such Laws;
(l) The Digital Assets to be used for Services have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;
(m) The Digital Assets received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;
(n) The Site, the Services, and the Superlink Smart Contracts may be subject to exploits. Superlink is not responsible for exploits and it is not possible to guarantee that the code is completely free from bugs or errors. Users accept all risks that arise from using the Site, the Services, and the Superlink Smart Contracts, including the risk of any funds being lost due to a failure or exploit of the Site, the Services, or the Superlink Smart Contracts;
(o) You are solely responsible for securing the private keys associated with any Wallet or blockchain address you may use when accessing the Services. You understand that anyone who obtains your private keys and access to your device may access your Wallet or a blockchain address controlled with such private keys with or without your authorization and may transfer any digital assets accessible through your Wallet or such blockchain address;
(p) We make no guarantees as to the price or value of any digital asset or Token on any secondary market, including the liquidity pools accessible using the Services;
(q) There is a risk of inactivity in liquidity pools if the market rates associated with the digital assets or Tokens that make up the liquidity pool fall outside the minimum and maximum prices supported. You are ultimately responsible for determining what the minimum and maximum prices are;
(r) Support for the Site, and the Superlink Smart Contracts may be modified or discontinued at any time. Superlink reserves the right, at any time, in our sole discretion and without prior notice, to modify the Site;
(s) In the event of a change to an underlying blockchain network, or other network disruption, resulting in a Fork of the existing blockchain into one (or more) additional blockchains, the Services may not support activity related to any new digital assets or Tokens created as a result of the Fork. In addition, in the event of a Fork, transactions on the network may be disrupted, including transactions involving the Superlink Smart Contracts.
6.2. You acknowledge and agree that Superlink does not make or purport to make, and Superlink hereby expressly disclaims, any representation or warranty in relation to the subject matter set forth in these Terms, including any representations or warranties relating to the Site, Tokens, the Services, the Superlink Smart Contracts, or otherwise.
You further acknowledge and accept that by using the Site and/or the Services: (a) the Site and Superlink have no control over, and assume no responsibility for, the Superlink Smart Contracts or any of the functions thereof or changes thereto; (b) the Site function solely as an interface to communicate your instructional message to the Superlink Smart Contracts and to receive output from the Superlink Smart Contracts. The Site does not execute transactions on your behalf, and merely serve as an interface that may provide information with which you may direct third parties who may do so; (c) you shall not claim, and have no claim, against Superlink (i) in respect of, in connection with any change to, or in connection with any failure of, the Superlink Smart Contracts, or any of the functions thereof; or (ii) in respect of any failure of the Site or Services to facilitate access to and usage of the Superlink Smart Contracts, and any of the functions thereof; and (d) none of the information available on the Site or in these Terms, or made available to you in relation to the use of the Site or the Services constitutes any advice, including legal, tax, financial, accounting or trading advice. If you are in any doubt as to the action you should take, you should consult your legal, financial, tax or other professional advisors.
Intellectual Property
(a) Proprietary property of Superlink
The Site and the Services, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Superlink logo and all designs, layouts, displayed, technical information, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Superlink or our Affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our Affiliates, licensors, and users, as applicable, reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
“Superlink” name, logo, trademarks, and any Superlink product or Services names, designs, logos, and slogans are the intellectual property of Superlink or our Affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Superlink” or any other name, trademark, or product or Services name of Superlink or our Affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Site and the Services constitutes the Services mark, trademark, or trade dress of Superlink and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Site and/or the Services or displayed on the Site and/or Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. 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 Superlink.
As long as you agree to and comply with the present Terms, we grant you a non-exclusive, non-sublicensable and non-transferable license to use the Site and the Services for your personal use or internal business use only. You will not: (a) reproduce, modify, adapt or create derivative works of any part of the Site; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Site; (c) use the Site for the benefit of any third party; (d) incorporate the Site into a product or service you provide to a third party without our prior written consent; (d) circumvent mechanisms in the Site intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to the Site, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in the Site; or (h) use the Site for competitive analysis, as part of any other software or project of any kind or to build competitive products.
Prohibited use
8.1. You shall be responsible for the reporting requirements under the Laws in respect of any dealing with Tokens including the reporting requirements in respect of any taxable income derived in connection with the use of Services to the relevant Governmental Authority.
8.2. Your relationship with us and the operation and use of Services shall be subject at all times to the Laws. Superlink may take or refrain from taking any action whatsoever, and you shall comply with, and shall do all things required by Superlink, in order to procure or ensure compliance with the Laws. You acknowledge and agree that Superlink shall not be liable to you as a result of any action taken by Superlink to comply with the Laws.
8.3. You may not use the Services to engage in the following categories of activity (“Prohibited Uses”). The specific types of uses listed below are representative but are not exhaustive. We may update the Prohibited Uses of the Services from time to time, and you hereby acknowledge and agree that it shall be your sole responsibility to ensure that your use of the Services does not involve a Prohibited Use. By using the Services, you confirm that you will not, and you will not aid, abet, encourage or induce any third party to engage in any of the actions and activities in any manner utilizing the Services which:
(a) Impersonate someone or use or attempt to use another user’s Wallet without authorization or use our Site and/or Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it;
(b) Take any action that may impose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure;
(c) Access the Site or use the Services to copy, modify, or create derivative works of the Site or the the Services or any related software or code, or reverse engineer, disassemble, decompile, decode, adapt, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Site or the Services, or otherwise attempt to derive or gain access to any software component of the Site or the Services, including those of third parties;
(d) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(e) Impersonate or misrepresent your affiliation with any person or entity;
(f) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, or that involves proceeds of any criminal or fraudulent activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Site and/or Services);
(g) Use the Site and/or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site and/or Services;
(h) Violate, misappropriate or infringe the rights of Superlink, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; and
(i) Facilitate or assist another person to do any of the above acts.
Covenants
By accessing the Site and using the Services, you further covenant that:
(a) Any Digital Assets you transfer via the Services have been legally obtained by, and belong to, you;
(b) You will not provide any false, inaccurate or misleading information while using the Services, or engage in any activity that operates to defraud Superlink, other users of the Services, or any other person or entity;
(c) You will not use the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
(d) Any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such assets;
(e) You will pay all Fees necessary for interacting with the Services, or any other network with which the Services are compatible, including "gas" costs, as well as all fees charged by us for your use of the Services; and
(f) You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not access the Site or use the Services if (i) you are in, under the control of, or a national or resident of China, Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (ii) you intend to supply any Services to China, Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
Indemnity
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Superlink, and our Affiliates, officers, directors, agents, partners and employees (individually and collectively, the “Superlink Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, 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”) arising out of or related to (a) your use or misuse of the Services and the Site, (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or applicable Laws, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your fraud, negligence or willful misconduct. You agree to promptly notify Superlink Parties of any third-party Claims, cooperate with Superlink Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Superlink Parties will have control of the defense or settlement, at Superlink’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Superlink.
If Superlink is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section, you agree to reimburse Superlink its legal fees, as well as its employees’ and contractors’ time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.
Warranty Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SUPERLINK EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SUPERLINK MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USERS’ OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. SUPERLINK MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES DO NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE SERVICES WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION. SUPERLINK CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USERS DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SERVICES OR THE SITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD SUPERLINK RESPONSIBLE FOR ANY BREACH OF SECURITY.
SUPERLINK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE FUNCTIONALITY OF THE SITE AND THE SERVICES, OR THAT THE SITE AND THE SERVICES WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE SERVICES, OR ANY OTHER NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS BLOCKCHAIN NETWORKS AND THIRD PARTY DECENTRALIZED EXCHANGES. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. SUPERLINK SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL TOKEN OR DIGITAL ASSET ON BLOCKCHAIN NETWORKS OR ANY OTHER NETWORK, AND SUPERLINK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.
Acknowledgment of Certain Risks; Other Disclaimers; Release of Claims
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) FAILURES, DISRUPTIONS, ERRORS, OR DELAYS IN THE PROCESSING OF DIGITAL ASSETS THAT YOU MAY EXPERIENCE WHILE USING THE SERVICES OR THE SITE; (II) THE RISK OF FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS; (III) THE RISK OF MALICIOUS SOFTWARE BEING INTRODUCED OR FOUND IN THE SOFTWARE UNDERLYING THE WALLET; (IV) THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET, INCLUDING, BUT NOT LIMITED TO YOUR WALLET ADDRESS, PRIVATE KEY, AND SECRET PHRASE; AND (V) THE RISK OF UNKNOWN VULNERABILITIES IN OR UNANTICIPATED CHANGES TO THE APPLICABLE BLOCKCHAIN NETWORKS.
YOU UNDERSTAND THAT BLOCKCHAIN NETWORKS (AND ALL OTHER NETWORKS WITH WHICH THE SERVICES OR THE SITE MAY BE COMPATIBLE) REMAINS UNDER DEVELOPMENT, WHICH CREATES TECHNOLOGICAL AND SECURITY RISKS WHEN USING THE SERVICES IN ADDITION TO UNCERTAINTY RELATING TO DIGITAL ASSETS AND TRANSACTIONS THEREIN. YOU ACKNOWLEDGE THAT THE COST OF TRANSACTING ON BLOCKCHAIN NETWORKS IS VARIABLE AND MAY INCREASE AT ANY TIME, THEREBY IMPACTING ANY ACTIVITIES TAKING PLACE ON BLOCKCHAIN NETWORKS, WHICH MAY RESULT IN PRICE FLUCTUATIONS OR INCREASED PRICES FOR USING THE SERVICES.
USE OF THE SERVICES OR THE SITE, IN PARTICULAR FOR TRADING DIGITAL ASSETS, MAY CARRY FINANCIAL RISK. DIGITAL ASSETS ARE, BY THEIR NATURE, HIGHLY EXPERIMENTAL, RISKY, AND VOLATILE. TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE SERVICES ARE IRREVERSIBLE, FINAL AND THERE ARE NO REFUNDS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE RISK OF LOSS IN TRADING DIGITAL ASSETS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE BEEN, ARE, AND WILL BE SOLELY RESPONSIBLE FOR MAKING YOUR INDEPENDENT APPRAISAL AND INVESTIGATIONS INTO THE RISKS OF A GIVEN TRANSACTION AND THE UNDERLYING DIGITAL ASSETS. YOU REPRESENT THAT YOU HAVE SUFFICIENT KNOWLEDGE, MARKET SOPHISTICATION, PROFESSIONAL ADVICE, AND EXPERIENCE TO MAKE YOUR EVALUATION OF THE MERITS AND RISKS OF ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE SERVICES OR ANY DIGITAL ASSET. YOU ACCEPT ALL CONSEQUENCES OF USING THE SERVICES, INCLUDING THE RISK THAT YOU MAY LOSE ACCESS TO YOUR DIGITAL ASSETS INDEFINITELY. ALL TRANSACTION DECISIONS ARE MADE SOLELY BY YOU. NOTWITHSTANDING ANYTHING IN THESE TERMS, WE ACCEPT NO RESPONSIBILITY WHATSOEVER FOR, AND WILL IN NO CIRCUMSTANCES BE LIABLE TO YOU IN CONNECTION WITH, YOUR USE OF THE SERVICES FOR PERFORMING DIGITAL ASSET TRANSACTIONS.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICES OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS AND REGULATIONS, YOU, FOR AND ON BEHALF OF ALL NATURAL AND LEGAL PERSONS WHO MAY CLAIM THROUGH OR UNDER YOU, ON YOUR BEHALF, OR OTHERWISE IN RESPECT OF YOU, RELEASE AND FOREVER DISCHARGE SUPERLINK AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ATTORNEYS, AND ADVISERS, AND ALL OF ITS AND THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, WHETHER UNDER COMMON LAW, STATUTORY, CONTRACTUAL, TORTIOUS, EQUITABLE, OR OTHERWISE, AND ALL LOSSES, DAMAGES, TAXES, LIABILITIES, COSTS, AND EXPENSES, WHICH YOU HAVE, EVER HAD, MAY HAVE, OR HEREAFTER MIGHT HAVE, WHETHER KNOWN OR UNKNOWN, NOW EXISTING OR WHICH MIGHT ARISE OR ACCRUE HEREAFTER, RELATING TO OR ARISING FROM THE MATTERS LISTED IN THIS SECTION.
Limitation of liability
IN NO EVENT SHALL SUPERLINK NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY LOSSES REALIZED OR DEMANDED OF USERS RELATED TO USERS’ ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY LOSSES FOR INTELLECTUAL PROPERTY INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SUPERLINK FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SUPERLINK FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SUPERLINK, AS APPLICABLE.
IN NO EVENT SHALL SUPERLINK NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN SUPERLINK SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; AND (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF LIABILITY IN THIS SECTION PROTECT SUPERLINK’S AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, AND REPRESENTATIVES OF SUPERLINK AND ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, TO THE SAME EXTENT THAT SUPERLINK IS PROTECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES. TO THAT END, THE EXCLUSIONS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO WAIVE ALL RIGHTS TO ASSERT ANY CLAIMS UNDER APPLICABLE LAWS AND REGULATIONS AND YOU AGREE THAT YOU MAY MAKE CLAIMS BASED ONLY ON THESE TERMS.
YOU ACKNOWLEDGE THAT SUPERLINK HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SUPERLINK.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information from our Services users. By submitting personal data through our Site and Services, you agree to the terms of Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
Future changes to the Site and Services
We are always working to improve the Site and Services, so our Site and Services may change over time. We may suspend or discontinue any part of the Site and Services or we may introduce new features or impose limitations on certain features or restrict access to part or all the Site and Services. 16. Resolving Disputes; Binding Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against Superlink, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at [email protected]. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Superlink and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Superlink agree that any dispute arising out of or related to these Terms, or our Services is personal to you and Superlink and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for claims disputes in which you or Superlink seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Superlink waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and Superlink agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Superlink, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Superlink will not have the right to assert the claim.
(e) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Governing Law
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines without giving effect to the conflict of laws principles thereof.
Termination
Notwithstanding the foregoing, we may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any Governmental Authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party Services provider at our sole discretion, at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by Superlink. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
You may cease to access to the Site and use the Services at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation, or cancellation of the Services, the following Sections will survive: 1, 2, 6, 7, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20 and 21.
Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Superlink for which monetary damages would not be an adequate remedy and Superlink shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
Miscellaneous
These Terms constitute the entire agreement between you and Superlink relating to your access to the Site and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Superlink, and Superlink’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
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