This end user agreement (the "Agreement") should be read by you (the
"User" or "you") in its entirety prior to your use of Polkastarter's
service or products. Be aware that this Agreement constitutes a legally
binding agreement between you and Polkastarter (referred to herein as
"Polkastarter", "us" or "we") which owns and operates the website on the
Internet and the Service at www.Polkastarter.com (the "Service"). You
consent to adhering to all the terms set forth in this Agreement when/if
you are provided with an “I Agree” button and clicking on it.
1. Grant of License
Polkastarter grants the User a non-exclusive, personal,
non-transferable right to use the Service on your personal computer or
other device that accesses the Internet in order to access and use the
services available and described on the Polkastarter.com website (the
website and all its functionality together being the "Service"),
subject to the terms and conditions contained herein.
The Service is not for use by (i) minors and individuals under the age
of 18 years, (ii) individuals who can be considered minors or under
the age of majority adulthood in their specific jurisdiction(s) (iii)
individuals accessing or using the Service from any jurisdiction in
which it is illegal to do so. Polkastarter does not have the ability
to verify the legality of the Service in every jurisdiction, therefore
it is entirely up to the User to determine whether or not their use of
the Service is lawful.
Polkastarter and its licensors are the sole holders of all rights in
and to the Service and code, technology, organization and structure,
architecture, including copyright, trade secrets, intellectual
property and other rights. You may not: (a) copy, create derivative
works, distribute, publish, reverse engineer, decompile, disassemble,
modify, or translate the Polkastarter website or the Service; or (b)
use the Service that in any way is prohibited by applicable laws or
regulations (each of the above herein defined as an "Unauthorized
Polkastarter reserves any and all rights implied or otherwise, which
are not expressly granted to the User hereunder and retain all rights,
title and interest in and to the Service. You agree that you will be
solely liable for any damage, costs or expenses arising out of or in
connection with the commission by you of any Unauthorized Use. You
shall notify Polkastarter immediately upon becoming aware of the
commission by any person of any Unauthorized Use and shall provide
Polkastarter with reasonable assistance with any investigations it
conducts in light of the information provided by you in this respect.
The term "Polkastarter", its domain names and any other trade marks,
or service marks used by Polkastarter as part of the Service (the
"Trade Marks"), are solely owned by Polkastarter. In addition, all
content on the website, including, but not limited to, the images,
pictures, graphics, photographs, animations, videos, music, audio and
text (the "Site Content") belongs to Polkastarter and is protected by
copyright and/or other intellectual property or other rights. You
hereby acknowledge that by using the Service, you obtain no rights in
the Site Content and/or the Trade Marks, or any part thereof. Under no
circumstances may you use the Site Content and/or the Trade Marks
without Polkastarter's prior written consent. Additionally, you agree
not to do anything that will harm or potentially harm the rights,
including the intellectual property rights of Polkastarter.
2. No Warranties
Polkastarter disclaims any and all warranties, expressed or implied,
in connection with the service which is provided to you "as is" and we
provide you with no warranty or representation whatsoever regarding
its quality, fitness for purpose, completeness or accuracy.
Regardless of Polkastarter's efforts, Polkastarter makes no warranty
that the service will be uninterrupted, timely or error-free, or that
defects will be corrected.
3. Authority / Terms of Service
You agree to the rules of the Service provided and described on the
Polkastarter.com website. Polkastarter retains all authority over the
issuing, maintenance, and closing of the Service. The decision of
Polkastarter's management, concerning any use of the Service, or dispute
resolution, is final and shall not be open to review or appeal.
4. Your Representations and Warranties
there is a risk of losing cryptocurrency & other funds of value when
using the Service and Polkastarter has no responsibility to you for
any such loss;
your use of the Service is at your sole option, discretion and risk;
you are solely responsible for any applicable taxes which may be
payable on cryptocurrency traded or transacted by you through your
using the Service;
the telecommunications networks, blockchain networks (such as Polkadot
and Ethereum) and Internet access services required for you to access
and use the Service are entirely beyond the control of Polkastarter
and Polkastarter shall have no liability whatsoever for any outages,
slowness, capacity constraints or other deficiencies affecting the
you are (i) aged 18 or over, (ii) you are of the age of majority in
your jurisdiction, (iii) you are accessing the Service from a
jurisdiction in which it is legal to do so, (iv) you are not a
Politically Exposed Person (PEP) nor are you on any U.S. or EU
Sanctions lists or terrorism finance watchlists, and (v) that you will
inform Polkastarter immediately if you enter onto one of these lists
or change your residence to a prohibited jurisdiction.
You warrant that should you discover a bug or error that may lead to
an exploit of the Service or other loss of funds from Polkastarter,
you have the responsibility to notify Polkastarter at
[email protected] in a timely manner. Furthermore, any attempt
by you to use such a discovered exploit or bug for illicit financial
gain is illegal and strictly prohibited under this Agreement.
Polkastarter reserves the right to prosecute to the fullest extent of
the law anyone who exploits or attempts to exploit the Service in an
unlawful manner. Such exploits or bugs should be disclosed in a
responsible manner and in strict confidence with
[email protected] and no other entity.
5. Prohibited Uses
Prior to your use of the Service and on an ongoing basis you represent,
warrant, covenant and agree that:
PERSONAL USE. The Service is intended solely for the User’s personal
use. The User is only allowed to use the Service for personal use, and
may not create multiple accounts, including for the purpose of
collusion and/or abuse of service.
EXPLOITS & BUGS. The Service is provided as is, and any exploitation
of the Service or errors in program logic and/or code (bugs)
constitutes a Prohibited Use and a material breach of this Agreement.
Any funds the user may misappropriate in this manner pursuant to this
clause shall be considered void and the immediate property of
Polkastarter, without limit.
JURISDICTIONS. Persons located in or residents of the United States,
North Korea, Iran, Venezuela or any other jurisdiction in which it is
prohibited from using the Service (the ”Prohibited Jurisdictions”) are
not permitted to make use of the Service. For the avoidance of doubt,
the foregoing restrictions on Service from Prohibited Jurisdictions
applies equally to residents and citizens of other nations while
located in a Prohibited Jurisdiction. Any attempt to circumvent the
restrictions on usage by any persons located in a Prohibited
Jurisdiction or Restricted Jurisdiction, is a breach of this
Agreement. An attempt at circumvention includes, but is not limited
to, manipulating the information used by Polkastarter to identify your
location and providing Polkastarter with false or misleading
information regarding your location or place of residence.
Any and all monies (including cryptocurrencies) of a person located in a
Prohibited Jurisdiction on the Service are VOID, and can be confiscated
or may be returned to the person at Polkastarter's sole discretion.
6. Know your Customer (“KYC”) and Anti-Money Laundering (AML) Policy
Polkastarter is a permissionless and fully decentralised platform for
token sales, swaps, and decentralized exchange. As a software
development company, Polkastarter has no role in enforcing KYC by
default, however we do provide such tools for fundraising entities using
Polkastarter to enforce on their users, if the entities choose to do so.
The use of KYC/AML tools on Polkastarter by fundraising entities using
the Service is completely at the discretion of said entities.
Although Polkastarter makes no warranty as to the merit, legality or
juridical nature of any token (including whether or not it is considered
a security or financial instrument under any applicable Securities
Laws), token sale or fundraiser on top of Polkastarter, we nonetheless
understand the need of some token projects to require KYC/AML on their
token sale participants.
Therefore, and at the sole behest of fundraising entities and/or
competent regulatory authorities:
Polkastarter reserves the right, at any time, to ask for any KYC
documentation it deems necessary to determine the identity and location
of a User. Polkastarter reserves the right to restrict service and
payment until identity is sufficiently determined.
Polkastarter further reserves the right to share submitted KYC
information and documentation to 3rd parties to verify the authenticity
of submitted information, and the end user (you) agree to this by using
Polkastarter reserves the right to confiscate any and all funds that are
found to be in violation of relevant and applicable anti-money
laundering (AML) and countering terrorism financing (CFT) laws and
regulations, and to cooperate with the competent authorities when and if
AML & SANCTIONS COMPLIANCE.
Polkastarter expressly prohibits and rejects the use of the Service for
any form of illicit activity, including money laundering, terrorist
financing or trade sanctions violations, consistent with various
jurisdictions’ laws, regulations and norms. To that end, the Service is
not offered to individuals or entities on any Politically Exposed
Persons (PEP) lists, or subject to any United States, European Union, or
other global sanctions or watch lists. By using the Service, end users
represent and warrant that they are not on any such lists.
Without prejudice to any other rights, if a User breaches in whole or
in part any provision contained herein, Polkastarter reserves the
right to take such action as it sees fit, including terminating this
Agreement or any other agreement in place with the User and/or taking
legal action against such User.
You agree to fully indemnify, defend and hold harmless Polkastarter
and its shareholders, directors, agents and employees from and against
all claims, demands, liabilities, damages, losses, costs and expenses,
including legal fees and any other charges whatsoever, howsoever
caused, that may arise as a result of: (i) your breach of this
Agreement, in whole or in part; (ii) violation by you of any law or
any third party rights; and (iii) use by you of the Service.
8. Limitations and Liability
Under no circumstances, including negligence, shall Polkastarter be
liable for any special, incidental, direct, indirect or consequential
damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use (or misuse) of the
Service even if Polkastarter had prior knowledge of the possibility of
Nothing in this Agreement shall exclude or limit Polkastarter's
liability for death or personal injury resulting from its negligence.
If a User wishes to make a complaint, please contact Polkastarter's
customer service team at [email protected] Should any dispute
not be resolved to your satisfaction you may pursue remedies in the
governing law jurisdiction set forth below.
Polkastarter reserves the right to update or modify this Agreement or
any part thereof at any time or otherwise change the Service without
notice and you will be bound by such amended Agreement upon posting.
Therefore, we encourage you to check the terms and conditions contained
in the version of the Agreement in force at such time. Your continued
use of the Service shall be deemed to attest to your agreement to any
amendments to the Agreement.
11. Governing Law
The Agreement and any matters relating hereto shall be governed by, and
construed in accordance with, the laws of the British Virgin Islands.
You irrevocably agree that, subject as provided below, the courts of the
British Virgin Islands shall have exclusive jurisdiction in relation to
any claim, dispute or difference concerning the Agreement and any matter
arising therefrom and irrevocably waive any right that it may have to
object to an action being brought in those courts, or to claim that the
action has been brought in an inconvenient forum, or that those courts
do not have jurisdiction. Nothing in this clause shall limit the right
of Polkastarter to take proceedings against you in any other court of
competent jurisdiction, nor shall the taking of proceedings in any one
or more jurisdictions preclude the taking of proceedings in any other
jurisdictions, whether concurrently or not, to the extent permitted by
the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid or
unenforceable in any jurisdiction, that shall not affect the validity or
enforceability in that jurisdiction of any other provision hereof or the
validity or enforceability in other jurisdictions of that or any other
Polkastarter reserves the right to assign this agreement, in whole or in
part, at any time without notice. The User may not assign any of his/her
rights or obligations under this Agreement.
No waiver by Polkastarter of any breach of any provision of this
Agreement (including the failure of Polkastarter to require strict and
literal performance of or compliance with any provision of this
Agreement) shall in any way be construed as a waiver of any subsequent
breach of such provision or of any breach of any other provision of
Nothing in this Agreement shall create or confer any rights or other
benefits in favour of any third parties not party to this Agreement.
Nothing in this Agreement shall create or be deemed to create a
partnership, agency, trust arrangement, fiduciary relationship or
joint venture between you and Polkastarter.
Polkastarter may assign, transfer, charge, sub-license, or deal in any
other manner with this Agreement, or sub-contract any of its rights
and obligations under this Agreement, to any other party.
This Agreement constitutes the entire understanding and agreement
between you and Polkastarter regarding the Service and supersedes any
prior agreement, understanding, or arrangement between you and
CRYPTOCURRENCY VALUES CAN FLUCTUATE GREATLY IN VALUE DEPENDING ON
THE USER WARRANTS THAT IT IS AWARE OF THE VOLATILE NATURE OF
CRYPTOCURRENCIES, AND HOLDS POLKASTARTER HARMLESS FOR ANY LOSS OR
DAMAGES ARISING FROM SUCH VOLATILITY