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Terms & Conditions

Last updated: December 28, 2024

This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of Polkastarters service or products. Be aware that this Agreement constitutes a legally binding agreement between you and Dotstart Technologies Ltd (registration number: 2043351, address: Road Town, Tortola, VG 1110, British Virgin islands), a company incorporated and duly existing under the laws of the British Virgin Islands, (referred to herein as "Polkastarter", "us" or "we") which owns and operates the website on the Internet and the Service at http://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

  1. 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.
  2. 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.
  3. 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 Use").
  4. 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.
  5. 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 Polkastarters 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

  1. 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.
  2. Regardless of Polkastarters 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 Polkastarters 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

  1. 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;
  2. your use of the Service is at your sole option, discretion and risk;
  3. you are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by you through your using the Service;
  4. 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 same; and
  5. 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.
  6. 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:
  1. PERSONAL USE. The Service is intended solely for the Users 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.
  2. 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.
  3. MULTI-ACCOUNT: Any exploitation of the platform and its participation rules by creating multiple accounts shall be subject to an immediate shut down of all associated accounts in addition to any tokens whether stable or native related and in connection with such accounts. All tokens associated to such accounts shall be frozen and may never be returned to the accounts. For the avoidance of doubt, in order to re-claim the accounts and associated assets a test to proving multi-accounting has not been committed must be conducted.
  4. STAKING: You undertake that the platform allows you to stake your POLS tokens in order to participate, such staking mechanism comes with the strict rule of “90 days staking obligation”, unstacking prior to the “90 days staking obligation” shall be subject to penalties, such penalties include but are not limited to the loss of your vested tokens in their entirety or in part.
  5. BOTS: Populating the platform with bots in order to accelerate your chances to win allocations is subject to severe penalties, such penalties shall be similar to the “MULTI-ACCOUNT” penalties in addition to the permanent seizure of the funds associated with such bots including any vested/locked tokens.
  6. 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 Polkastarters 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 the Service.
  • 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 necessary.
  • 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.

7. Breach

  1. 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.
  2. 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

  1. 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 such damages.
  2. Nothing in this Agreement shall exclude or limit Polkastarters liability for death or personal injury resulting from its negligence.

9. Disputes

  • If a User wishes to make a complaint, please contact Polkastarters 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.

10. Amendment

  • 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.

12. Severability

  • 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 provision hereof.

13. Assignment

  • 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.

14. Miscellaneous

  1. 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 this Agreement.
  2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
  3. 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. residence.
  4. 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.
  5. 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 Polkastarter.

15. Cryptocurrency

  • CRYPTOCURRENCY VALUES CAN FLUCTUATE GREATLY IN VALUE DEPENDING ON MARKET CONDITIONS.
  • 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

Polkastarter Marketplace — Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of Polkastarter Marketplace, available at https://marketplace.polkastarter.com (the "Marketplace").

The Marketplace is operated by Dotstart Technologies Ltd, registration number 2043351, Road Town, Tortola, VG 1110, British Virgin Islands ("Company", "we", "us" or "our").

By creating an account, purchasing Marketplace Credits or using the Marketplace, you agree to these Terms.

1. Scope of the Marketplace

1.1. Polkastarter Marketplace is a standalone digital marketplace offering trading cards, collectibles and games.

1.2. The Marketplace is separate from the broader Polkastarter ecosystem and its POLS token.

1.3. The Marketplace does not require users to purchase, hold, trade or stake POLS tokens.

1.4. Marketplace Credits are independent of POLS and cannot be used to participate in POLS-related activities, token launches, staking, fundraising or investment offerings.

1.5. These Terms apply exclusively to marketplace.polkastarter.com and do not govern other Polkastarter products or services.

2. Eligibility and Account Registration

2.1. Users must be at least 18 years old or meet the applicable legal age requirements in their jurisdiction, whichever is higher.

2.2. Users must provide accurate information when creating an account.

2.3. Users are responsible for maintaining the security of their account credentials and for activity conducted through their accounts.

2.4. The Marketplace may require identity verification, email verification or phone verification to access certain features.

2.5. Marketplace services are available only in jurisdictions where their use is permitted by applicable law.

2.6. Access to specific payment methods may vary depending on the user's country, identity verification status and the requirements of the relevant payment provider.

3. Marketplace Credits

3.1. Marketplace Credits are platform-specific credits used to purchase eligible products and participate in permitted activities within the Marketplace.

3.2. Marketplace Credits are not POLS tokens and do not represent ownership, equity, investment rights or participation in the broader Polkastarter ecosystem.

3.3. Marketplace Credits can only be used within marketplace.polkastarter.com.

3.4. Credits cannot be used to:

  • Purchase or stake POLS tokens.
  • Participate in token launches or fundraising activities.
  • Access financial investment products.
  • Fund activities on other Polkastarter platforms.
  • Purchase goods or services outside the Marketplace.

3.5. Marketplace Credits do not earn interest or provide investment returns.

3.6. Any applicable credit expiration, withdrawal, redemption or refund conditions will be disclosed within the Marketplace and remain subject to applicable consumer protection laws.

4. Fiat On-Ramping and Third-Party Payment Providers

4.1. Users may purchase Marketplace Credits through supported third-party fiat on-ramp and payment service providers, including Uphold where available.

4.2. The sole purpose of the fiat on-ramping integration is to allow users to fund Marketplace Credits for eligible purchases within the Marketplace.

4.3. Fiat funding transactions are facilitated and processed by the relevant third-party provider in accordance with its own terms, policies and compliance requirements.

4.4. Polkastarter Marketplace is not the principal in the underlying fiat funding transaction where the third-party provider acts in that capacity.

4.5. Third-party providers may require additional identity verification, payment authorization or compliance checks before completing a transaction.

4.6. Credits obtained through the fiat on-ramping integration are restricted to the Marketplace and cannot be transferred to the wider Polkastarter ecosystem.

4.7. Fiat on-ramping services do not provide access to POLS tokens, staking, token fundraising or investment activities.

4.8. The availability of specific payment providers, currencies and payment methods may vary by jurisdiction.

4.9. The applicable exchange rate, fees and total payment amount will be disclosed during the funding process.

5. Marketplace Purchases and Collectibles

5.1. The Marketplace allows users to purchase eligible trading cards, digital collectibles, packs and related products.

5.2. Product information, prices and relevant purchase conditions will be displayed before a transaction is confirmed.

5.3. Certain products may contain randomized collectible rewards. Where applicable, the Marketplace will disclose the relevant product characteristics and purchase conditions.

5.4. Digital products may be delivered directly to the user's Marketplace account or associated inventory.

5.5. Purchases are subject to product availability, account eligibility and successful payment authorization.

5.6. Any ownership, transfer, resale or redemption rights associated with a collectible are limited to those expressly stated in its product description and applicable Marketplace rules.

6. Free Rewards and Promotional Credits

6.1. The Marketplace may offer free collectible packs, promotional credits, referral rewards and other promotional benefits.

6.2. Promotional rewards may be subject to eligibility requirements, verification procedures, promotional conditions or account activity requirements.

6.3. Promotional Credits may be restricted to specific products or Marketplace activities.

6.4. Promotional Credits are not equivalent to purchased Marketplace Credits unless expressly stated otherwise.

6.5. The Marketplace may modify or discontinue promotions, subject to applicable law and any rights already accrued by users.

6.6. Users may not abuse promotional systems through duplicate accounts, automated activity or fraudulent verification.

7. Restricted Activities

7.1. Users must use the Marketplace only for lawful purposes and in accordance with these Terms.

7.2. The following activities are prohibited:

  • Creating multiple accounts to abuse promotions or rewards.
  • Using bots or automated systems to manipulate Marketplace activity.
  • Exploiting software vulnerabilities or technical errors.
  • Conducting fraudulent payments or unauthorized transactions.
  • Attempting to transfer Marketplace Credits outside their permitted use.
  • Using Marketplace Credits for token fundraising, staking or investment activities.
  • Circumventing geographic, identity or payment restrictions.
  • Engaging in money laundering, sanctions evasion or other unlawful financial activities.

7.3. The Marketplace may investigate suspected violations and restrict accounts or transactions where reasonably necessary.

7.4. Any account suspension, balance restriction or cancellation will be handled in accordance with applicable law and the user's contractual rights.

8. Identity Verification and Compliance

8.1. The Marketplace may require users to complete identity verification to access certain features or payment methods.

8.2. Third-party payment providers may independently conduct Know Your Customer (KYC), Anti-Money Laundering (AML), sanctions screening and other compliance checks.

8.3. Users agree to provide accurate and complete information when requested by the Marketplace or the relevant payment provider.

8.4. The Marketplace may restrict transactions where required by applicable law, regulatory obligations or payment provider requirements.

8.5. Personal information will be processed in accordance with the applicable Privacy Policy and data protection laws.

9. Refunds and Cancellations

9.1. Refund eligibility depends on the product purchased, its delivery status, the payment method and applicable consumer protection laws.

9.2. Where a statutory right of withdrawal applies, users retain that right unless a legally valid exception applies.

9.3. Refund requests may be submitted through the Marketplace's designated support channels.

9.4. Payments processed through third-party providers may also be subject to the provider's applicable refund procedures.

9.5. Nothing in these Terms excludes or limits mandatory consumer rights.

10. Intellectual Property

10.1. All Marketplace software, branding, interface designs and original content are owned by the Company or its licensors.

10.2. Users receive a limited, non-exclusive, non-transferable license to access and use the Marketplace for its intended purposes.

10.3. Users may not reproduce, distribute, reverse-engineer or commercially exploit Marketplace software or content without authorization, except where permitted by law.

10.4. Third-party trading cards, brands, artwork and collectible content remain subject to the intellectual property rights of their respective owners.

11. Service Availability

11.1. The Marketplace aims to provide reliable access to its services but does not guarantee uninterrupted availability.

11.2. Services may be temporarily unavailable due to maintenance, updates, technical failures or circumstances outside the Company's reasonable control.

11.3. The Marketplace may modify features or discontinue services, subject to applicable law and existing user rights.

11.4. Where reasonably practicable, users will receive advance notice of material changes affecting their purchased products or credits.

12. Limitation of Liability

12.1. The Marketplace is provided with reasonable care and skill, subject to applicable legal requirements.

12.2. To the extent permitted by law, the Company is not responsible for losses caused by unauthorized account access resulting from a user's failure to safeguard account credentials, third-party service interruptions or events outside its reasonable control.

12.3. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including applicable statutory consumer rights.

12.4. The Company remains responsible for its own obligations under these Terms and applicable law.

13. Account Suspension and Termination

13.1. Users may request account closure through the Marketplace's designated support channels.

13.2. The Marketplace may suspend or terminate accounts where users materially breach these Terms or where required by applicable law.

13.3. Any remaining purchased credits or digital collectibles will be handled according to the applicable product terms, refund rules and mandatory legal requirements.

13.4. Account termination does not remove obligations or rights that accrued before termination.

14. Privacy and Data Protection

14.1. The Marketplace processes personal information to provide accounts, purchases, identity verification, customer support and related services.

14.2. Personal information may be shared with payment providers, verification providers and other service partners where necessary and legally permitted.

14.3. Further information about data processing, retention and user rights is provided in the Marketplace Privacy Policy.

15. Changes to These Terms

15.1. The Company may update these Terms to reflect changes in Marketplace functionality, applicable law or operational requirements.

15.2. Material changes will be communicated to users within a reasonable period where required by law.

15.3. Continued use of the Marketplace after updated Terms take effect constitutes acceptance only where such acceptance is legally valid.

15.4. Changes will not retroactively remove accrued statutory or contractual rights.

16. Governing Law and Disputes

16.1. These Terms are governed by the laws of the British Virgin Islands, subject to any mandatory consumer protection laws applicable to the user.

16.2. Disputes may be submitted to the competent courts of the British Virgin Islands, without prejudice to any mandatory jurisdictional rights available to consumers.

16.3. Users are encouraged to contact Marketplace support first to seek an amicable resolution.

17. General Provisions

17.1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain effective.

17.2. Failure to enforce a provision does not constitute a waiver of the right to enforce it later.

17.3. These Terms constitute the agreement governing the Marketplace, together with any applicable product-specific terms and policies.

17.4. These Terms do not govern POLS token services or other products operated outside marketplace.polkastarter.com.

18. Contact Information

Marketplace Operator: Dotstart Technologies Ltd

Registration Number: 2043351

Registered Address: Road Town, Tortola, VG 1110, British Virgin Islands