Last Updated: December 1, 2024
Welcome to MinaTokens.com ("MinaTokens", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the MinaTokens website, APIs, mobile applications, and any related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Service.
1. Acceptance of Terms
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. You consent to receive electronic communications from us as described in our Communication Preferences section.
2. Modifications to Terms and Service
We reserve the right to modify or amend these Terms at any time, at our sole discretion, by posting the updated Terms on the Service without prior notice to you. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
Modifications to the Service
We also reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any features or parts thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.
3. Eligibility
You must be at least the age of majority in your jurisdiction or have legal parental or guardian consent to use the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
3.1 Restrictions on U.S. Persons
By accepting these Terms, you confirm that you are not a U.S. Person. U.S. Persons are strictly prohibited from using MinaTokens. Access or use of the Service by a U.S. Person constitutes a breach of these Terms.
Definition of "U.S. Person":
For the purposes of this agreement, a "U.S. Person" means an individual who is a citizen of the United States or who resides in the United States.
4. Use of the Service
4.1 Service Description
MinaTokens provides a platform that allows users to launch, transfer, buy, and sell tokens on the MINA blockchain. The Service facilitates transactions between users but does not operate as a broker, financial institution, or creditor.
4.2 User Responsibilities
- Compliance with Laws: You agree to comply with all applicable laws, regulations, and ordinances related to your use of the Service.
- Compliance with KYC/AML Policies: You agree to provide to MinaTokens all relevant Know Your Customer (KYC) and Anti-Money Laundering (AML) compliance documentation upon request. Failure to provide such documentation may result in suspension or termination of your access to the Service.
- Account Security: You are responsible for maintaining the confidentiality of any non-custodial wallet or credentials associated with your use of the Service.
- Accurate Information: You represent and warrant that all information you provide to MinaTokens is accurate, complete, and current.
4.3 Permitted Use
The only permitted use of the Service is for purposes expressly allowed by these Terms. Use of the Service for any other purposes, including but not limited to investment, arbitrage, speculation, and using tokens or assets for prohibited activities, is prohibited.
5. Transactions
5.1 No Broker or Fiduciary
MinaTokens is not a party to any agreements between users. All transactions are conducted on the decentralized MINA blockchain using smart contracts and are initiated and confirmed by users.
5.2 Assumption of Risk
You acknowledge and agree that there are inherent risks associated with blockchain technologies, including but not limited to:
- Blockchain Transactions: Transactions are irreversible, and MinaTokens has no control over the MINA blockchain or its protocols.
- Token Risks: Tokens may have little or no value and may experience extreme price volatility. You assume all risks associated with buying, selling, or holding tokens.
- Regulatory Risks: The regulatory framework governing blockchain technologies, cryptocurrencies, and tokens is unsettled. New regulations or policies may adversely affect the Service and the utility of tokens.
- Technical Risks: There are risks associated with using Internet and blockchain-based products, including the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your wallet.
You expressly acknowledge and assume all risks associated with using the Service.
5.3 Restrictions on Sales and Commissions
Sales of tokens or assets created using the Service on other platforms may be restricted at the request of the creator of the tokens or assets. Commissions or fees associated with transactions may be changed at the discretion of MinaTokens or the creator.
- Taxes: You are responsible for all applicable taxes associated with your transactions through the Service, including but not limited to VAT, sales, or any other taxes wherever such taxes may arise.
6. No Investment Advice
- General Information: The content provided on the Service is for general informational purposes only.
- No Advice: MinaTokens does not provide any investment, legal, or tax advice. You should consult your own professional advisors before engaging in any transaction.
7. User Conduct
You agree not to engage in any of the following prohibited activities:
7.1 Prohibited Activities
- Illegal Activities: Using the Service for any unlawful purpose or in connection with any illegal activities.
- Violation of Laws: Engaging in activities that violate any applicable laws or regulations.
- Harmful Activities: Uploading or transmitting viruses, worms, or any software intended to damage or alter computer systems or data.
- Unauthorized Access: Attempting to gain unauthorized access to other users' accounts, the Service, or related systems or networks.
- Interference: Interfering with or disrupting the integrity or performance of the Service.
- Spam: Distributing unsolicited or unauthorized advertising, promotional materials, or any junk mail.
- Data Mining: Using any automated means or interface not provided by us to access the Service or to extract data.
- Impersonation: Misrepresenting your affiliation with a person or entity, or impersonating any person or entity.
7.2 Penalty for Unauthorized Actions
Any modification, alteration, replacement, or unauthorized access to the code of MinaTokens or any modification, alteration, or replacement of the blockchain transactions created by MinaTokens (except as permitted by the Service) is strictly prohibited. In the event of any such modification or alteration, whether intentional or unintentional, you shall be liable to pay a penalty of USD 10,000 for each instance of such action. This penalty is in addition to any other legal remedies that may be available to MinaTokens under these Terms or applicable law.
8. Intellectual Property Rights
8.1 Ownership
All content, trademarks, logos, and intellectual property on the Service are owned by MinaTokens or its licensors. This includes but is not limited to text, graphics, images, software, and the overall look and feel of the Service.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, royalty-free license to access and use the Service for personal or internal business use in accordance with these Terms.
8.3 Restrictions
You agree not to:
- Reverse engineer, decompile, or disassemble any part of the Service.
- Remove any proprietary notices or labels on the Service.
8.4 Reporting Intellectual Property Violations
If you become aware of any violation of copyright, intellectual property rights, or licenses related to the Service, you are obliged to immediately inform MinaTokens by contacting ip@minatokens.com and providing details of the violation.
9. Communication Preferences
By creating an account or using the Service, you consent to receive electronic communications from MinaTokens (e.g., via email, push notifications, or other electronic means). These communications may include notices about your account, legal notices, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements.
You may opt out of receiving promotional communications by following the unsubscribe instructions provided in communications or by contacting us directly. Please note that we may still send you transactional or administrative messages related to the Service.
10. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.
11. Disclaimers
11.1 No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MINATOKENS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will meet your requirements.
- The Service will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Service will be accurate or reliable.
11.2 No Liability for User Actions
MinaTokens is not responsible for any actions taken by users, including the issuance, transfer, purchase, or sale of tokens.
11.3 Third-Party Content
The Service may contain links to third-party websites or services, which are not owned or controlled by MinaTokens. We have no control over and assume no responsibility for any third-party content, privacy policies, or practices.
11.4 Assumption of Risk
You acknowledge and agree that:
- Value of Tokens: The value of tokens is subjective and may fluctuate significantly.
- Token Functionality: Tokens may have little or no functionality or intrinsic value.
- Regulatory Uncertainty: Laws and regulations governing blockchain technologies are uncertain and may adversely affect the Service.
- Technical Risks: There are inherent risks associated with blockchain technology, including but not limited to security risks, system failures, and unauthorized access by third parties.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINATOKENS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE.
- ANY CONTENT OBTAINED FROM THE SERVICE.
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL MINATOKENS' TOTAL LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID TO MINATOKENS IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless MinaTokens and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with:
- Your access to or use of the Service.
- Your violation of these Terms.
- Your violation of any rights of any third party, including intellectual property rights.
- Your breach of any applicable laws.
You agree that in the event you breach these Terms, you will be responsible for reimbursing MinaTokens for any costs and expenses incurred in enforcing these Terms against you.
14. Dispute Resolution and Arbitration
Binding Arbitration
You and MinaTokens agree to resolve any disputes arising out of or relating to these Terms or the Service through binding arbitration, rather than in court.
Arbitration Procedures
- Initiating Arbitration: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal department at legal@minatokens.com and receive the answer explaining the arbitration process.
- Authority of Arbitrator: The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
Waiver of Class Actions
All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
15. Governing Law and Venue
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction of MinaTokens, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in that jurisdiction and subject to the Arbitration clause.
16. Termination
We reserve the right to suspend or terminate your access to the Service at any time, without notice, for any reason, including violation of these Terms.
Upon termination, all provisions which by their nature should survive termination shall continue in full force and effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall be enforced to the fullest extent under law.
18. Survival
All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to intellectual property rights, disclaimers, indemnity, and limitations of liability.
19. Entire Agreement
These Terms, along with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and MinaTokens regarding the Service.
20. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: support@minatokens.com
21. Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.
22. Force Majeure
Neither we nor you will be liable for any failure or delay in performing obligations under these Terms where such failure or delay is due to causes beyond reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, or any other similar causes.
23. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MinaTokens' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
24. Injunctive Relief
You agree that any violation or breach of these Terms may cause MinaTokens immediate and irreparable harm and damages; consequently, notwithstanding any other provision of these Terms or other applicable legal requirements, MinaTokens has the right to, and may in its discretion, obtain temporary restraining orders or preliminary injunctions from a court of competent jurisdiction to restrain any violation of these Terms.
25. Export Laws Compliance
You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. You represent and warrant that you are not located in a country that is subject to a U.S. or other sovereign country embargo or that has been designated by the U.S. or other sovereign country as a "terrorist supporting" country, and you are not listed on any U.S. or other sovereign country's list of prohibited or restricted parties.
26. Miscellaneous
- Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
- No Third-Party Beneficiaries: These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
- Operation of the Service: The Service is operated from facilities in various locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations.