TERMS AND CONDITIONS
Last Updated: 13 August 2024
1. Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you(“User”, “You”, “Your”) and Ads tapp Inc, with its registered office at Newark, New Castle,256 Chapman Road STE 105-4, Delaware, United States (“Company”, “We”, “Us”, “Our”),governing your access to and use of our services, including any content, functionality, and services offered on or through our platform (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately cease using the Services.
2. Eligibility
You represent and warrant that you are at least 18 years of age, have the legal capacity to enter into these Terms, and are not barred from using the Services under any applicable law. The Company reserves the right to request proof of age or identity and may, at its sole discretion, deny access to the Services if such proof is not provided or if it is suspected that you do not meet the eligibility criteria.Under this Terms, the right to use the Services is granted to all countries of the world.However, making a transaction using the Company's platform providing the Services is not possible for users from the following regions: Russia, Iraq, Iran, North Korea, Venezuela,Cuba, Syria.
3. Account Registration and Security
3.1 Account Registration
To access certain features of the Services, you may be required to create an account(“Account”). You agree to provide true, accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. The Company reserves the right to suspend or terminate your Account if any information provided is found to be false, inaccurate, or incomplete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your Account credentials, including your password, and for restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account. The Company shall not be liable for any loss or damage arising from your failure to protect your Account credentials.
3.3 Account Usage
Your Account is personal to you, and you may not transfer, assign, or share your Account with any third party. The Company reserves the right to monitor your use of the Services to ensure compliance with these Terms.
3.4 Account Compliance
Your use of the Services must comply with all applicable laws, regulations and ordinances,including any laws regarding the export of data or software.
4. Payment, Fees, and Refunds
4.1 Fees
The Company reserves the right to charge fees for the use of the Services, including, but not limited to, transaction fees, currency conversion fees, maintenance fees, and other applicable charges. All fees will be communicated to you at the time of the transaction or service request. By using the Services, you agree to pay all applicable fees and charges.All information provided by you to the Company in connection with a purchase or transaction or other monetary interaction with the Services must be accurate, complete and current.
4.2 Payment Methods
Payments for Services may be made using the payment methods specified by the Company.. You authorize the Company to charge all applicable fees and charges to your selected payment method. If your payment method fails, the Company may suspend orterminate your access to the Services until payment is successfully processed.
4.3 Refunds
All payments made to the Company are non-refundable, except as required by applicable law. The Company, at its sole discretion, may provide refunds in specific circumstances. Requests for refunds must be submitted in writing to the Company within seven (7) days of the transaction. The Company reserves the right to deny any refund requests that do not comply with these Terms or that are deemed fraudulent.5. Prohibited Activities
5.1 User Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms.You agree not to engage in any activity that:
• Violates any applicable local, state, national, or international law or regulation.
• Involves fraudulent activities, including, but not limited to, the use of stolen payment methods or identity theft.
• Involves money laundering, terrorist financing, or any other illegal financial activity.
• Involves the use of the Services in sanctioned countries or by sanctioned individuals or entities, as defined by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) or other applicable authorities.
• Harms or attempts to harm the Company, other users, or third parties, including through the dissemination of viruses, malware, or other harmful code.
• Infringes upon or violates the intellectual property rights of the Company or any third party.You agree not to (a) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is provided by the Company in connection with the Services, unless you have been specifically allowed to do so in a separate agreement with the Company, or (b) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).You may not access or use the Services for the purpose of bringing an intellectual propertyinfringement claim against the Company or for the purpose of creating a product or service competitive with the Services.Accounts using business names and/or logos that may be considered misleading to other smay be permanently suspended.
5.2 Monitoring and Enforcement
The Company reserves the right, but is not obligated, to monitor your use of the Services to ensure compliance with these Terms. The Company may take any action it deems appropriate, including, but not limited to, suspending or terminating your Account, reporting your conduct to law enforcement authorities, and pursuing legal action against you.
6. Compliance with Laws
6.1 Legal Compliance
You agree to comply with all applicable laws, regulations, and standards, including, but not limited to, those related to financial services, data protection, anti-money laundering (AML),and counter-terrorism financing (CTF). You further agree to provide any information requested by the Company that is necessary to comply with such laws, regulations, and standards.You agree that you are responsible for your own conduct while accessing or using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not and may not allow any third party to:a. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objection able content;b. Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;c. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any content;d. Upload, post, transmit or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;e. Download any content posted by another user that you know, or reasonably should know,that cannot be legally distributed in such manner;f. Submit content that falsely expresses or implies that such content is sponsored or endorsed by Company;g. Use the Services to violate the legal rights (such as rights of privacy and publicity) of others;h. Promote or encourage illegal activity;i. Interfere with other users' enjoyment of the Services;j. Exploit the Services for any unauthorized commercial purpose;k. Modify, adapt or reverse engineer any portion of the Services;l. Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any content posted thereon;m. Reformat or frame any portion of the web pages that are part of the Services administration display;n. Use the Services in connection with illegal peer-to-peer file sharing;o. Display any content on the Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;p. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted thereon or to collect information about its users for any unauthorized purpose;q. Create user accounts by automated means or under false or fraudulent pretenses; or r. Use the Services, or any interfaces provided with the Services, to access any Company’sproduct or service in a manner that violates the Terms or other terms and conditions for use of such Company’s product or service.You shall not use the Services in ways not specified in this Terms.
6.2 Sanctions Compliance
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to U.S. or other applicable sanctions. You also represent and warrant that you are not identified on any U.S. government or other applicable sanctions list. The Company reserves the right to deny access to the Services to any individual or entity that is subject to such sanctions.7. Limitation of Liability To the maximum extent permitted by applicable law, the Company, its affiliates, and its and their respective directors, officers, employees, agents, and licensors (collectively, the“Released Parties”) shall not be liable for any indirect, incidental, consequential, special,punitive, or exemplary damages, including, but not limited to, loss of profits, loss of data,loss of goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Services, whether based on warranty, contract,tort (including negligence), statute, or any other legal theory, and whether or not the Released Parties have been informed of the possibility of such damage.The Company’s aggregate liability to you for all claims arising from or related to the Services is limited to the amount you have paid to the Company for the Services in the three (3) months immediately preceding the event giving rise to the claim.8. Indemnification You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, and expenses, including, but not limited to,reasonable attorneys’ fees and costs, arising out of or in any way connected with:
• Your access to or use of the Services.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or rights of a third party.
• Any disputes or issues between you and any third party.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company’s defense of such claims.
9. Termination
9.1 Termination by the Company
The Company reserves the right to suspend or terminate your access to the Services, at its sole discretion, with or without cause and with or without notice. The Company may take such action if it believes, in its sole discretion, that you have violated these Terms,applicable law, or engaged in any activity that could harm the Company or others.
9.2 Effect of Termination
Upon termination of your access to the Services, all rights granted to you under these Terms will immediately cease. You remain responsible for any fees or charges incurred prior to termination, and the Company reserves the right to pursue any remedies available underlaw for any breaches of these Terms that occurred prior to termination.
10. Proprietary Rights
You acknowledge and agree that the Company own all legal right, title and interest in and tothe Services. The visual interfaces, graphics, design, systems, methods, information,computer code, software, services, organization, compilation of the content, code, data, and all other elements of the Services are protected by international copyright laws, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any user content owned and/or posted by you or other users, all Services are the copyrighted property of the Company. Furthermore,all trademarks, and trade names contained in the Services are proprietary to the Company. Except as expressly set forth herein, your use of the Services does not grant to you ownership of or any other rights with respect to any content, code, data, user comments or other materials that you may access on or through the Services. The Company reserves all rights to the Services not expressly granted in the Terms.
11. Exclusian of Warranties
11.1 Nothing in these terms shall exclude or limit the Company’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
11.2 You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available" without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, the Company makes no express warranties and disclaim all implied warranties regarding the Services, user content or any applications or external sites, including implied warranties of merchantability, fitness for a particular purpose, non-infringement correctness, accuracy and reliability. without limiting the generality of the foregoing, the Company does not represent or warrant to you that: (a) your use of the Services will meet your requirements, (b) your use of the Services will be uninterrupted, timely, secure or free from error, (c) usage data provided through the Services will be accurate or (d) the Services or any content, services,or features made available on or through the Services are free of viruses or other harmful components.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts located in Delaware. You consent to the personal jurisdiction and venue of such courts and waive any objection based on an inconvenient forum.
13. Amendments
The Company reserves the right to modify or update these Terms at any time, at its sole discretion. Any changes will be effective immediately upon posting the updated Terms onthe Company’s website or through other communication channels. It is your responsibility toreview these Terms periodically. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.
14. Miscellaneous
14.1 Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14.2 Entire Agreement
These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and the Company regarding the subject matter here of and supersede all prior or contemporaneous communications, whether electronic, oral, orwritten.
14.3 Waiver
No failure or delay by the Company in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
14.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer any of its rights or obligations under these Terms without your prior consent.Please ensure these Terms and Conditions are tailored to your specific business operation sand consider having them reviewed by legal counsel to ensure full compliance with applicable laws and regulations.Appeals, proposals and claims of individuals and legal entities to the Company related tothe operation of the Services, violations of the rights and interests of third parties,requirements of the legislation, as well as for requests of persons authorized by the legislation may be sent to the email address: support@karta.io