MoonApp Terms of Service

These Moon App (Island tech ventures ltd.) Terms of Service govern your access to and the use of the App (as defined below) and its Services (as defined below).

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These Moon App (Island tech ventures ltd.) Terms of Service together with any documents expressly incorporated by reference (“Terms”) are entered into by and between you (“you” or “User”) and the Company (as defined below, the “Company” or “we”), and constitutes a legally binding agreement between you and the Company. You and the Company are each a “Party” and, together, the “Parties” to these Terms.

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Please read the Terms carefully before you start using the App or any of the Services. By accessing or using the App you acknowledge that you have read, understood and accepted to be bound by all of the terms and conditions stipulated in these Terms. If you do not agree with all of the provisions of these Terms, or any of these Terms is unacceptable for you, you must not access or use the App or any of the Services.

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We reserve the right, at our sole discretion, to change or modify these Terms at any time and without prior notice to you. Any and all changes or modifications will become effective immediately upon publication on the Website (with the “Last Revised” date on the top) and you agree and acknowledge that you will not be explicitly notified about possible amendments and modifications. By continuing to access the App and the Services once revised Terms are published, you agree to be bound by its terms. Please ensure that you check the applicable Terms every time you use our App in order to understand which Terms apply. If you have any questions or comments regarding these Terms, please contact us at [support@moonapp.io].

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To be eligible to use or access the App, including any Services offered on or through the App, you must be of legal age to form a binding contract (at least 18 years old in most jurisdictions; or the applicable age of majority and contractual capacity in your country of residence). By accessing or using the App, including any Services offered on or through the App, you represent and warrant that you are of legal age to form a binding contract.

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Interpretation and definitions

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The following capitalized terms shall have the meanings hereinafter assigned to them unless the context clearly otherwise requires:

“App” shall mean Moon App, a mobile and web software application accessible through the Website, fully owned by the Company;

“Claims” shall have the meaning set out in Clause 10;

“Company” or “we” shall mean IslandTech Ventures Ltd., duly incorporated and registered in Seychelles with entity number 237444 and address 306 Victoria House, Victoria, Mahé, Seychelles, represented by director Mr. Dovydas Zilys.

“DEX” shall mean decentralized exchange;

“DLT” shall mean distributed ledger technology;

“ETH” shall mean the cryptocurrency Ether;

“Indemnified Party(ies)” shall have the meaning set forth in Clause 10;

“Intellectual Property” shall mean all of our intellectual property, including inventions, discoveries, processes, methods, compositions, formulae, techniques, information, source code, brand names, graphics, User interface design, text, logos, images, information and data pertaining to the Services, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon;

“Last Revised” shall mean the latest version of the Terms denoted by its date positioned at the top of the document;

“MOON” shall mean a unique utility token that is native to Moon App;

“Privacy Policy” shall mean Moon App Privacy Policy, accessible at the Website and incorporated herein by reference, for additional information regarding our privacy terms.

“Prohibited Jurisdiction” shall mean the USA, Belarus, Central African Republic, Democratic Republic of Congo, Democratic People’s Republic of Korea, the Crimea region of Ukraine, Cuba, Iran, Iraq, Kosovo, Lebanon, Libya, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, and Zimbabwe;

“Services” shall have the meaning as set out in Clause 3;

“Terms” shall mean these Moon App Terms of Service, including any other documents incorporated herein by reference;

“Tokens” shall mean any digital asset which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value. Furthermore, a Token is expressed as a unit; capable of being transferred, stored, and traded on a peer-to-peer basis with or without conditions or limitations.

“User” or “you” shall mean you, the user of the Moon App;

“Wallet” shall mean a combination of a User’s public address and corresponding private key (or mnemonic phrase or keystore file with password) that holds any tokens that are created and/or received on a public blockchain such as Ethereum or Binance Chain, which may associate with corresponding transactions related to this address;

“Website” shall mean the Company’s website located at https://www.moonapp.io/.

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Access to the App

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By using the App, you represent and warrant that:

you have full legal capacity and authority to agree and bind yourself to these Terms;
you are at least eighteen years of age or of the applicable age of majority and contractual capacity in each qualifying jurisdiction;
you are aware of applicable laws and regulations governing your use of the Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard;
your use of the Services is (A) not prohibited by applicable law, and (B) at all times compliant with applicable law;
you are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your User account;
you take steps to ensure the confidentiality of your personal information and restrict access to the devices you use to access the App.
you have carefully reviewed the content and have understood and agreed to these Terms completely (including all other documents, incorporated herein by reference);
you waive the right to participate in a class or representative action lawsuit or a classwide arbitration against Moon App, the Company and any of its representatives or affiliates.

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To access the App and any of the Services, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the App and any of the Services, that all the information you provide is accurate, correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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You are solely responsible for implementing reasonable measures for securing your account, user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your App accounts are personal to you and agree not to provide any other person with access to the App, or portions of it, using your user name, password, or other security information. You are not allowed to use another User’s account. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage rising from your failure to comply with this Clause 2.3 or to secure your App accounts and passwords, including, but not limited, to selecting a password that is not easily compromised.

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Services

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We provide a trading software application designed for exchanging Tokens. Users conduct trading on our App directly with each other. We do not partake as buyers or sellers in these transactions.

Moon App offers a range of advanced trading services and features, including:

an order matching App that automatically, and according to pre-established criteria, matches Users’ trades with open orders from other Users in respect of Tokens;
Spot Trades that permit you to swap one type of Tokens for another type of Tokens with another User through an order-matching engine without any fees. Your trades get routed to multiple decentralized exchanges for maximum outcome and trade efficiency;
Conditional Orders that enable you to set limit orders which automatically execute at your specified price targets;
Sandwich Trades that enable you to generate yield by strategically utilizing your altcoin positions to front-run trades;
Presale Sniping which allows you to automatically execute trades on presales based on your specified tolerated gas cost;
LP Pool Sniping that enables you to utilize our bots to generate additional yield through sniping fresh LP pools deployed by memecoin developers. Bots automatically scan and very token contracts for you;
Copy Trading which enables you to copy the strategies of successful traders by selecting a whale or call channel and setting your desired parameters, and bots will automatically replicate these portfolios by executing trades on your behalf;
Tracking real-time data of your trading performance;
Referral program which you can use to obtain ETH payouts for every friend you invite to the Moon App. Your friends get free $25 dollars to sign up using your invite code;

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Moon App operates as a non-custodial exchange platform (referred to as DEX), which implies that we do not hold Users' Tokens, Wallets or private keys. Our Services facilitate peer-to-peer transactions that match users with other users. You hereby acknowledge and agree that we do not operate as a centralized third party exchange and that we will not be held liable for any losses resulting from your transactions.

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Moon App also provides its native utility token, known as MOON, with various utilities and benefits for MOON holders and stakers, including:

Buy Backs: MOON stakers have the power to vote on using App fees to buy back MOON tokens.
MOON Burn: MOON stakers can also vote on using App fees to burn MOON tokens acquired via buy-backs.
Staking Yield: MOON stakers can vote to distribute MOON token as a staking yield.
Holder Power-Ups & Perks: MOON holders benefit from increased trade speed and throughput, along with access to a privacy layer that safeguards trades against MEV bot attacks.

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By using our Services you acknowledge and agree that we do not provide any financial services, including but not limited to investment advice, financial planning, or brokerage services. You further acknowledge and agree that MOON token is a utility token and is not intended to be used as a financial instrument or investment vehicle. It is designed solely for specific uses within our App, such as accessing certain features, services, or benefits.

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Changes to Services. We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

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Fees and taxes

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By using the Services you agree to pay all applicable fees. Any fees or any other prices of the Services shall be stated at all times on our Website (moonapp.io) and made available to you before using the Services. Unless explicitly stated otherwise, all fees and prices are exclusive of any applicable value-added tax (VAT) or other taxes.

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You bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the App and the Services, and/or payable as the result of using and/or exploiting any crypto assets and interacting with smart contracts. Blockchain-based transactions are novel, and their tax treatment is uncertain.

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Fee changes. We may, in our sole discretion and at any time, modify the fees for the Services. We will provide you with a reasonable prior notice of any change in fees to give you an opportunity to terminate your account before such change becomes effective. If you do not agree to the fee change you must cancel your account in order to avoid future charges. If you use the Services after a fee increase you will be deemed to have accepted the fee change. We will not be liable to you or any third party for any fee change.

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Refounds. Except when required by law, fees are non-refundable.

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Your responsibilities

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You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:

infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of the Company;
use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof other than copying or exporting as permitted by the Terms;
make any back-up or archival copies of the Platform or any part thereof, including the disassembling or de-compilation, or reverse-engineering of any of the closed-source or proprietary software running on the Platform;
trade or obtain financing on or through the Platform, or use any Service, with anything other than funds, keys, or Digital tokens that you have legally obtained;
if you are a resident or national of a Prohibited Jurisdiction or a U.S. Person, access the Platform or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the intent of disguising your IP address or location;
use the Services in (A) any unlawful manner or (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms, or (D) violate applicable laws in any manner.

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By using the Services you expressly agree that you are solely responsible:

for keeping your own keystore files, passwords, mnemonic phrases and/or private keys. You are solely responsible for any loss to your Wallet. Your Wallet is not accessible by Moon App nor by the Company, and we will not keep your keystore files, passwords, mnemonic phrases and/or private keys.
to familiarise yourself with the Platform, the Services, and its intended usage. You agree to follow all the requisite steps involved in using the Platform as intended. We will not be liable for any wrongful use of the Platform due to user error.

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Acknowledgement and assumption of risks

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By engaging with our App, you acknowledge and assume the inherent risks associated with the holding and trading in cryptographic tokens, blockchain technology and DLT field. Risks include, but are not limited to, the following:

Market Risk. The market for cryptographic tokens is still new and uncertain. You should only have funds invested in cryptographic tokens or speculate in cryptographic tokens, if you are prepared to lose the entirety of such tokens invested in. Whether the market for one or more cryptographic tokens will move up or down, or whether a particular token will lose all or substantially all of its value, is unknown. You should be cautious about holding cryptographic tokens. We do not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. You are solely responsible and liable for any and all trading and non-trading activity on or through the App and for any gains and losses sustained when using the Services.
Liquidity and Listing Risk. Markets for cryptographic tokens have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade cryptographic tokens or products derived from or ancillary to them. We make no representations or warranties about whether a cryptographic that may be staked via the App will be traded on or through the App any point in the future, if at all.
Legal Risk. The legal status of certain cryptographic tokens is uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more cryptographic tokens constitute property, or assets, or rights of any kind may also seem unclear. You are responsible for knowing and understanding how cryptographic tokens are addressed, regulated, and taxed under laws that apply to you.
Trading Risk. In addition to liquidity risks, values in any digital token marketplace are volatile and can shift quickly. You should pay close attention to your position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities. You also acknowledge and agree that costs of transacting on blockchain technology is variable and may increase at any time. You acknowledge and agree to these risks and represent that we cannot be held liable to changes and fluctuations in value or increased costs.
Technology Failure Risks. Risks associated with using an internet-based currency are: risk of hardware, software and internet connection failure or problems, risk of malicious software introduction, and risk of third parties obtaining unauthorized access to infrastructure stored within your Wallet. You accept and acknowledge that we will not be responsible for any communications failures, disruptions, errors, distortions or delays when connecting your Wallet and using Ethereum network or any chain or similar device for processing transactions, however caused. You agree and acknowledge that we do not represent or warrant that any of the Services or the App are secure from hacker or other malicious attack, which may result in stealing or loss of User confidential information or any other data. You acknowledge that we will not be responsible for and will not replace any tokens lost due to third-party malicious acts or due to other circumstances beyond our control.
The Services-related risks. You acknowledge the risks of using the Services. You bear sole responsibility for evaluating the Services before using them, and all transactions accessed through the Services are irreversible, final, and without refunds. The Services may be disabled, disrupted or adversely impacted as a result of sophisticated cyber-attacks, surges in activity, computer viruses, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify you of all of the potential risks of using and accessing our Services. You agree to accept these risks and agree that you will not seek to hold us responsible for any consequent losses.
Quality or accessibility risks. As a condition to accessing or using the App or the Services, you acknowledge, understand, and agree that from time to time, the App and the Services may be inaccessible or inoperable for any reason, including, but not limited to equipment malfunctions, periodic maintenance procedures or repairs, causes beyond our control or that we could not reasonably foresee, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers or external partners for any reason.
Novel technology risks. Blockchain technology or distributed ledger technology-related projects are new and relatively untested and outside of our exclusive control. You acknowledge and agree that cryptography is a progressing field and that there are risks we cannot foresee and it is unreasonable to believe that such risks could have been foreseeable. Advances in code cracking or technical advances may present risks to smart contracts, cryptographic tokens and the App, which could result in theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Services you acknowledge and agree to undertake these risks.

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Please note that this statement serves as a general description of risks associated with blockchain technology, DLT field and cryptographic tokens and should not be considered exhaustive. It is essential to conduct thorough research and seek professional advice to fully understand the risks involved before engaging in activities related to cryptographic tokens or blockchain technology.

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You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself and that you access and use the App and the Services at your own risk. You acknowledge and agree that we are not liable for any losses, damages, or liabilities arising from the risks associated with the blockchain, DLT field, and cryptographic tokens.

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No representation and warranties of the Company

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We make no representations and warranties. The Services and the App are provided on an “as is” and “as available” basis. We make no guarantees of any kind in connection with the Services. Your use of the Services and the App shall be at your own risk. The Services, and the App are provided “as is”, without any express or implied warranty of any kind, including warranties of merchantability, merchantable quality, legal effect, accuracy, appropriateness, completeness, non-infringement, or fitness for a particular purpose. We do not warrant that the Services or the App will be error-free, will meet your requirements, or be timely and secure. You will be solely responsible for any damage resulting from the use of the Services and the App.

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We make no warranties and representations that the Services and the App have been and will be provided with due skill, care and diligence or about the accuracy or completeness of Services and the App content and assumes no responsibility for.

errors, mistakes or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Services and the App;
any unauthorized access or use of our servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from the App;
any bugs, viruses, Trojan horse, or the like that may be transmitted to or through the actions of any third party;
any loss of your data or content from the App; and/or
any errors and omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services and the App.

You will not have the right to make or pass any representations or warranties on behalf of Moon App to any third party.

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No advertisement. You explicitly acknowledge and agree that we do not advertise, recommend or advise any trading or exchanging of Tokens, or any other form transaction on our App.

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No endorsement. We do not warrant, endorse, guarantee, or assume responsibility for any Services on our App and we will not be liable for any transaction between you and other users. You are solely responsible for the execution of your transaction.

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No financial advice. We do not provide investment and/or financial advice in any manner whatsoever. Any information made available on the App should in no event be construed as providing any investment or other financial advice of any kind. you should always seek financial and/or investment advice and do your own independent research before using our App or our Services. if you choose to engage in transactions based on content on the App, then such decisions and investments and any consequences flowing therefrom are your sole responsibility.

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You represent and warrant that you are the ultimate and effective legal and beneficial owner of any Tokens transferred to your account or Wallet on the Website, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such Tokens.

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We shall not ask for any password or private keys from our users, nor shall we ask users to transmit any funds or Tokens, as applicable. Accordingly, we shall not be responsible for any losses caused by your transmittal of funds or Tokens, as applicable.

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Limitation of Liability

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To the fullest extent permitted by applicable law: (i) in no event will the Company or any of its representatives or any of the Company parties be liable for any indirect, special, incidental, consequential, punitive or exemplary losses or damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, diminution of value, loss of use or data, loss or depletion of goodwill, loss of business opportunity, loss of contract, damages for business interruption, loss of anticipated savings, or the like) arising out of or in connection with any acceptance of or reliance on these Terms, or with the use the App and/or the Services or otherwise related to these Terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and (ii) in no event will the aggregate liability of the Company and any of its representatives weather in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or in any way related to these Terms, the access and use of the App the Services, exceed 0.01 ETH.

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Indemnification

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By agreeing to these Terms and accessing the App and the Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Company, its past, present and future affiliates, subsidiaries and service providers, and each of their past, present and future officers, directors, agents, joint venturers, employees, representatives, partners, and licensors (collectively “Indemnified Parties”, and each such person or entity individually, “Indemnified Party”) from and against any and all actual or alleged claims, demands, damages, 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 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”), that arise directly or indirectly out of:

your use or misuse of the App and the Services or any contract related thereto;
violation, breach or alleged breach of any provision of these Terms by you or any person using the Services on your behalf;
your violation of any applicable laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities;
anything you contribute to the Services;
your violation of the rights or obligations of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right;
your negligence or wilful misconduct
any misrepresentation made by you; or
any other matter for which you are responsible hereunder or under law.

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You agree that your use of the App and Services shall be in compliance with all applicable laws, regulations and guidelines.

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We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to promptly notify us of any Claims and cooperate with our defense of any Claims. You will not in any event settle any Claims without our prior written consent.

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Termination rights

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These Terms shall remain in force and effect unless terminated while you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to or use the App (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation, for violation or breach of any representation, warranty or covenant contained in these Terms or any applicable law or regulation. We may, in our sole discretion and without notice, terminate your use or participation in the App or delete your account and any content or related information and files in your account and/or bar any further access to such files or the Services.

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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 and borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

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Intellectual property

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These Terms shall not be understood and interpreted in a way that they would mean the assignment of Intellectual Property rights unless it is explicitly defined so in these Terms. You may not use any of Intellectual Property for any reason, except with our express, prior, written consent.

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The Website, the App and any of the Services, including their design elements or concepts and any and all underlying Intellectual Property, including, but not limited to copyrights, patents, service marks, any registered trademarks, domain names and other proprietary rights, are the property of the Company, and are protected by copyright, patent, trade secret and other intellectual property laws. Unless otherwise expressly stated, the Company retains any and all rights, title and interest in and to the App and the Services (including, without limitation, all Intellectual Property rights), including all copies, modifications, extensions and derivative works thereof. Your right to use the App and the Services is limited to the rights expressly granted in these Terms. No licenses to use any of trademarks or any other Company’s brands are to be inferred or assumed pursuant to the use of any of the Services. All rights not expressly granted to you are reserved and retained by the Company.

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Privacy Policy

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Please review our Privacy Policy, available at: moonapp.io/privacy By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

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Force Majeure

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We will not be in breach of these Terms or liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any event, circumstance or cause beyond our reasonable control. The Parties agree that due to the specific nature of the blockchain / DLT field, the circumstances of force majeure shall in particular include also (but shall not be limited to) interruption in telecommunications or internet services or network provider services, failure of equipment, and/or software, hacker attacks, market disturbances, other major event or natural catastrophe, change of laws or regulations, adverse regulatory or enforcement action of public authorities, technical failures and the like.

Consumer Exclusion

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You hereby acknowledge and represent that you are not considered a consumer in relation to the Services provided, and the provisions of any applicable consumer protection rules, or any consumer protection rights, including distance selling rules, shall be excluded to the fullest extent permitted by any applicable law. By using this App, you waive any consumer protection rights and distance selling rights that may be applicable under any relevant law.

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Notices

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We may provide any notice to you under these Terms by (i) posting a notice on the Website; or (ii) sending an email to the email associated with you. Notices we provide by posting on the Website will be effective upon posting, and notices we provide by email will be effective when we send the email.

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To give us notice under these Terms, you must contact us by email to support@moonapp.io. We may update this email address for notices to us by posting a notice on our Platform. Notices to us will be effective after they are sent.

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All communications and notices to be made or given pursuant to these Terms must be written in the English language. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.

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Miscellaneous

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Entire Agreement. These Terms, including all other documents, incorporated herein by reference, represent the entire agreement between you and us regarding the subject matter of these Terms, in particular, the use of the App, and the Services. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms.

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Severability. In the event any one or more of the provisions of these Terms is for any reason held to be invalid, illegal or unenforceable, in whole or in part or in any respect, then and in any such event, such provision(s) only will be deemed null and void and will not affect any other provisions of these Terms, and the remaining provisions of these Terms will remain operative and in full force and effect.

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Assignment. Without our prior written consent, you are prohibited from assigning these Terms and any rights, duties, and obligations contained herein. However, we retain the right to freely assign or transfer these Terms, in whole or in part, without any limitations.

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Third Party Rights. Unless expressly provided to the contrary in these Terms, no third party (i.e. person who is not party to these Terms) shall have any rights to enforce or to enjoy any benefit of any terms contained herein.

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No Waiver. Any failure by the Company to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by the Company in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Company does not prevent either from exercising any other rights, powers, or remedies.

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Governing law. These Terms will be governed by and construed in accordance with the laws of the Republic of Seychelles.

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Dispute Resolution. Any dispute, controversy or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Seychelles (with exclusion of any conflict of law rules that would lead to use of any other laws which are not the Republic of Seychelles). Each Party irrevocably agrees that the courts of the Republic of Seychelles shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

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Dispute resolution - Arbitration. Any dispute, controversy or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be submitted to mediation in accordance with the Swiss Rules of Mediation of the Swiss Arbitration Centre in force on the date when the request for mediation was submitted in accordance with these Rules. The seat of the mediation shall be Zürich, Switzerland. The mediation shall be conducted in English. If such dispute, controversy or claim has not been fully resolved by mediation within 60 (sixty) days from the date when the mediator(s) has (have) been confirmed or appointed by the Swiss Arbitration Centre, it shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date when the Notice of Arbitration was submitted in accordance with those Rules. The number of arbitrators shall be three. The seat of the arbitration shall be Zürich, Switzerland. The arbitration proceedings shall be conducted in English.

First published on: 04/08/2023

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Last revised on: 04/08/2023