NEX LABS TERMS AND CONDITIONS
1. General
These terms and conditions (" Terms ") govern your use of the Site (defined below) and Services (defined below). These Terms also include guidelines, announcements, additional terms, policies and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between Nex Labs BV and its affiliates (" Nex Labs ", " us " or " us ") and you, an end user (" that " or " User") of the services provided by us on https://www.nexlabs.io (" Services "). By accessing, using or clicking on our website (and all its subdomains) or its mobile applications ("Site") or by accessing, using, or attempting to use the Services, you agree that you have read, understood, and are bound by these Terms and will comply with the requirements listed here.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR COMPLY WITH THE REQUIREMENTS CONTAINED HEREIN, YOU SHOULD NOT ACCESS OR USE THE SITE OR THE SERVICES.
Additionally, when you use certain features of the Services, you may be subject to specific additional terms and conditions that apply to such features. We may modify, suspend or discontinue the Site or Services at any time without notice to you. We note that these Terms between you and us do not enumerate or cover all the rights and obligations of each party and do not guarantee full alignment with the needs arising from future development. [Therefore, our privacy policy which can be viewed at the "Privacy Policy" link at the bottom of our Site, the platform rules, guidelines and any other agreements entered into separately between you and us are deemed additional terms that are an integral part of these Terms and will have the same legal effect. [1] ] Use of the Site or Services also constitutes acceptance of any additional terms.
If you have any questions about these Terms, please contact us at nexlabs.info@gmail.com .
2. Modification of the Terms
We reserve the right to change, update, add or remove provisions of these Terms from time to time. We will date and post the most current version of these Terms on the Site. Any changes will be effective when the revised version of these Terms is posted (or its next effective date, as indicated at the top of the revised Terms). If in our sole discretion we believe a revision to these Terms is material, we will notify you via the Site and/or by email to the email address associated with your account.
We encourage you to check the date of these Terms each time you visit the Site to see if these Terms have been updated. Your continued access or use of the Site or Services (or any portion of the Site or Services) constitutes acceptance of such changes. If you do not agree to any of the changes, we are not obligated to continue providing the Site or Services and you must cancel and discontinue use of the Site or Services.
3. Place
As part of the Site and Services, Nex Labs provides access to a standard decentralized financial index model (" Model ") on the blockchain Decision [3] , which uses ERC-20 tokens to symbolize various assets. This model allows investors to diversify their portfolios by investing in an index of assets rather than a single cryptocurrency. Once the ERC-20 token is minted, users have the option to trade it on various exchanges external to the Model. Use of the Model may require you to pay fees to complete a transaction. You acknowledge and agree that Nex Labs has no control over any smart contract, transaction, payment method of any transaction, or actual payment of transactions. You must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your Model-compatible wallet address (" Wallet ") to complete any transaction on the Model or the network Decision before initiating such transaction.
4. Access to the Site
The Site, the Services and access to the Site are provided only on an "as is" and "as available" basis. By using the Site and Services, you acknowledge and agree that: (a) you have not relied on any other representations or agreements, written or oral, with respect to your use of and access to the Site and Services; (b) access may be interrupted, suspended or limited, including due to a fault, error, unforeseen circumstances or because we are carrying out scheduled maintenance; (c) we cannot guarantee that the Site, or any content on it, will be available or uninterrupted, secure, or free from bugs, errors or omissions; (d) we may remove or edit the content of the Site at any time; and (e) we have no obligation to update the contents of the Site.
As a condition of accessing or using the Site and Services, you agree to: (1) use the Site and Services only for lawful purposes and in accordance with these Terms; (2) ensure that all information provided on the Site is current, complete and accurate; and (3) maintain the security and confidentiality of access to your Wallet.
We reserve the right to limit the availability of the Site and Services to any person, geographic area or jurisdiction, or to terminate your access to and use of the Site and Services, at any time in our sole discretion.
5. Risks in using the site and digital resources
By using the Site and Services, you acknowledge and agree that: (a) you are aware of the risks associated with transactions of encrypted or digital assets, digital tokens or cryptocurrencies with a certain value that are based on blockchain, distributed ledger technologies and encryption technologies and are issued and managed in a decentralized form (“ Digital Assets ”); (b) you assume all risks relating to your use of the Site and Services and transactions in Digital Assets; (c) the values of Digital Assets are volatile and may fluctuate significantly and there is a substantial risk of economic loss when purchasing, holding or investing in Digital Assets; (d) your access to your [ ERC-20 tokens [5] ] may be suspended or terminated; (e) there may not be a delay in accessing or using your [ERC-20 Tokens] that would result in a decrease in the value of the [ERC-20 Tokens] or in your inability to complete a transaction; (f) if you are a borrower of [ERC-20 Tokens] and if your collateral declines such that it is no longer sufficient to secure the [ERC-20 Tokens] borrowed, your collateral may be enforced, which could result in a total loss of your [EUR-20 Tokens]; (g) Nex Labs will not be responsible for any such risks or adverse results and (h) you expressly waive and release Nex Labs from any liabilities, claims, causes of action, or damages arising out of or in any way related to your use of the Site or Services .
6. Restrictions
You shall not use the Site or Services in any way except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you agree NOT to encourage or assist any third party to:
a) modify, alter, tamper with, repair or otherwise create derivative works of any software used to provide or access the Site or Services;
b) reverse engineer, disassemble or decompile the software used to provide or access the Site or Services, or attempt to discover or recreate the source code used to provide or access the Site or Services, except and only to the extent applicable law expressly permits;
c) use the Site or Services in any manner or for any purpose other than as expressly permitted by these Terms or any other policies, instructions or terms applicable to the Site or the Services available on the Site (" Policies ");
d) third parties any rights granted to the user with respect to the Site and the Services;
e) remove, obscure or alter any proprietary rights notices relating to the Site or Services;
f) access or use the Site or Services in such a way as to improperly avoid incurring costs or exceeding usage limits or quotas;
g) use the Site or Services in connection with the operation of any facilities, systems, devices, or in any other manner in which failure of the Site or Services could result in death, personal injury, or property or environmental damage;
h) use the Site or Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing or forgery schemes or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, commercial or otherwise; (iii) store or transmit inappropriate content, such as content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature, (2) containing material that encourages conduct that would constitute a criminal offense, or (3) in a manner that violates or infringes upon the intellectual property rights or privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (4) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses, or other harmful or deleterious code, files, or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (5) abuse, harass, stalk, or otherwise violate the legal rights of others;
i) interfere with or disrupt servers or networks used by Nex Labs to provide the Site or Services or used by other users to access the Site or Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any software or the Site or Services;
j) access or attempt to access any other Nex Labs accounts, computer systems or networks not covered by these Terms, whether through password mining or any other means;
k) cause, in Nex Labs' sole discretion, an excessive load on the Site or Services or on Nex Labs' system resources or capacity;
l) share passwords or other information or access devices or otherwise authorize any third party to access or use the software, Site or Services;
m) use the Site or Services in any dishonest or illegal way, for fraudulent or harmful activity, or in any way inconsistent with these Terms;
n) violate any applicable law, including, without limitation, all relevant and applicable anti-money laundering and anti-terrorist financing laws and all relevant and applicable privacy and data collection laws, in each case as amended;
o) violate or misappropriate any contract, intellectual property right, third party right, any proprietary right, including but not limited to any copyright, patent, trademark or trade secret of Nex Labs, or commit a tort while using the Site or Services;
p) use the Site or Services to transmit data or send or upload any material that contains malware, viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, drop-dead devices, backdoors, shutdown mechanisms, or any other malicious programs or computer code designed to adversely affect the operation of any computer software or hardware;
q) use deep linking, robots, web crawlers, bots, spiders, scrapers or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual process to access, obtain, copy, monitor, replicate or bypass the Site or Services that are not provided by us, to access the Site or Service for data extraction;
r) make backup or archival copies of the Site or Services or any portion thereof, including disassembling or decompiling the Site or Services;
s) violate public interests, public morals or the legitimate interests of others, including any action that may interfere with, disrupt, adversely affect or inhibit other users from using the Services;
t) use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, whether or not prohibited by law);
u) attempt to access any portion or feature of the Site or Services without authorization, or connect to the Site or Services or to any Nex Labs server or any other system or network of any Services provided through the services through hacking, password mining, or any other unlawful or prohibited means;
v) attempt to circumvent any content filtering techniques or security measures that Nex Labs employs on the Site or Services, or attempt to access any areas of the Site or Services that you are not authorized to access;
w) probe, scan or test the vulnerabilities of the Site, the Services or any networks connected to the Properties, or breach any security or authentication measures on the Site, the Services or any networks connected to them;
x) reverse lookup, tracking or tracking of any information of other Users or visitors to the Site or Services;
y) use any device, software or routine program to interfere with the normal operation of any transaction of the Site or Services, or with any other person's use of the Site or Services;
z) export, re-export, or transfer, directly or indirectly, any Nex Labs technology in violation of applicable export laws or regulations;
aa) use the Site or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or Services, or that could damage, disable, overburden or impair the functioning of the Site or Services in any manner;
bb) post content or communications on the Site or Services that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, abusive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
cc) post content on the Site or Services containing unsolicited promotions, commercial messages, or any chain messages or user content designed to deceive or mislead the user of the Site or Services;
dd) encourage or induce any third party to engage in any activity prohibited by these Terms; OR
ee) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Nex Labs or the Site or Services.
By accessing the Site or Services, you agree that we have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take action pursuant to relevant laws without your consent or notice.
7. Commissions
To provide the Site and Services, allowing you access to the Site and Services, Nex Labs may charge you fees, including, but not limited to, a management fee, a bridge fee, and a fiat on/off ramp fee. You can access the currently applicable rates via our Site or find them in our GitBook ( https://nex-labs.gitbook.io/nex-dex ), however, the fees charged by the Model when using the Site and Services are the main ones.
8. Termination
Nex Labs reserves the right to temporarily suspend or terminate your access to the Site or Services at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind.
Upon termination of your access to the Site or Services, these Terms will terminate, except those provisions that expressly or are intended to survive termination or expiration.
9. Disclaimer
The Site and Services are provided "as is" and "as available" without any representations or warranties, express, implied or statutory.
You understand and agree that we are not liable to you for any loss or damage you may suffer due to the Site being unavailable at any time for any reason.
Nex Labs makes no representation or warranty that access to the Site, any part of the Services, including mobile services, or any material contained therein, will be continuous, uninterrupted, timely or error-free and will not be liable for any losses relating thereto. Nex Labs does not represent or warrant that the Site, the Services, or any Nex Labs materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Nex Labs will not be liable to you or to any third party for any termination, suspension or modification of your access to the Site or Services.
To the extent permitted by applicable law, none of Nex Labs or its respective agents, attorneys, contractors, directors, distribution partners, employees, members, officers, parents, partners, representatives, shareholders, successors or suppliers shall be liable for any direct, indirect, special, incidental, intangible, consequential or exemplary loss or damage, including but not limited to loss of profits or opportunity, business interruption and reputational damage (even if we have been advised of the possibility of such loss or damage), arising out of, relating to or in any way connected with: (a) any performance or non-performance of the Site, the Services, these Terms or any other products, services or other items provided by or on behalf of Nex Labs; (b) any authorized or unauthorized use of the Site or Services, or in connection with these Terms; (C) any inaccuracy, defect or omission of data or information on the Site or Services; (d) any error, delay or interruption in the transmission of such data; (e) any act, omission or violation of these Terms by any third party; or (f) any illegal actions of (other) third parties or actions without authorization from Nex Labs. Even if Nex Labs knew or should have known of the possibility of such damages and despite the failure of any agreed upon or other remedy of its essential purpose, except to the extent of a final judicial decision that such damages were the result of our gross negligence, actual fraud, willful misconduct or willful violation of law or except in jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages.
To the extent permitted by applicable law, Nex Labs expressly disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
Nex Labs disclaims any responsibility for the services and products offered by third parties on the Site or through hyperlinks on the Site. Nex Labs provides the Site only as a platform for third parties offering such services and products and Nex Labs does not endorse such services and products, nor has it verified the legality, quality or appropriateness of these third parties and the services and products offered by them. If you have any complaints about these third parties and the services and products they offer, including claims of intellectual property infringement, you can contact us at nexlabs.info@gmail.com .
Nex Labs makes no representations as to the merit or legal nature of any token ERC-20 in our Model in relation to our Services (including whether or not it is considered a crypto-asset, utility token, asset-referenced token, security or financial instrument under applicable regulatory (financial) laws).
The Model is completely private, meaning that Nex Labs does not own Users' funds and is not responsible for the functioning of the Model's smart contracts. Nexlabs is not responsible for any loss or damage to Users' funds or the functioning of the Model's smart contracts and the possible consequences of the (non)functioning of such smart contracts.
Notwithstanding anything to the contrary contained herein, in no event will the cumulative liability of Nex Labs and its respective agents, attorneys, contractors, directors, distribution partners, employees, members, officers, parents, partners, representatives, shareholders, successors or suppliers exceed the greater of (i) what Nex Labs may recover under insurance, (ii) the total payments received by us during the preceding twelve (12) month period, or (iii) €100. Additionally, you agree that any cause of action arising out of, relating to, or in any way connected with any Site, the Services, or these Terms must commence within one (1) year after the cause of action accrues; otherwise such cause of action will be permanently barred. These limitations will apply to the maximum extent permitted by law.
10. Third Party Website Disclaimer
Any hyperlink or reference to third party websites appearing or referred to on our Site or the Services does not imply endorsement or warranty by us of any products, services, information or disclaimers presented therein, nor do we warrant or be responsible for the accuracy, timeliness, completeness or reliability of the information or any opinion, advice or statement made by us on the Site. If you suffer any loss arising from the use of such third party products and services, we will not be responsible and cannot be held liable for such loss. Additionally, because we have no control over the terms of use or privacy policies of third-party websites, you should carefully read and understand those policies.
11. Intellectual property
All present and future copyright, title, interest in and to the Site and Services, registered and unregistered trademarks, patents, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in connection with the use of and access to the Site and Services are owned by or otherwise licensed to Nex Labs. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to simply use or access the Site and Services solely for your personal, non-commercial use. Except as expressly set forth in these Terms, nothing in these Terms should be construed as conferring any right or license to our or any third party's intellectual property rights. If and to the extent such intellectual property rights are vested in you by operation of law or otherwise, you agree to do all acts and execute all documents as we may reasonably request in order to assign such intellectual property rights back to us. You agree and acknowledge that all content on the Site and Services may not be copied or reproduced, modified, redistributed, used, made derivative works or otherwise processed for any other reason without our prior written consent. Third parties participating in the Site or Services may permit us to use trademarks, copyrighted material and other intellectual property associated with their activities. We do not warrant or represent that the content of the Site or Services does not infringe the rights of third parties.
Nex Labs may own patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter that are part of the Site or Services. Unless we have granted you licenses to our intellectual property in these Terms, the provision of the Site or Services does not grant you any licenses to our intellectual property. All rights not expressly granted are reserved.
12. Privacy
In order to operate and provide the Site or Service, we, or third party contractors and licensors, collect certain information about you and your organization(s). As part of the Site or Services, we or contractors or licensors may also automatically upload information about your computer or device, your use of the Site or Services, and the performance of the Site. We use and protect such information as described in the applicable Nex Labs Privacy Policy posted on this website.
You acknowledge and agree that we may access or disclose information about you in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights of Nex Labs, including enforcement of our agreements or policies governing your use of the Site and Services; or (c) act in the good faith belief that such access or disclosure is necessary to protect the personal safety of Nex Labs employees, customers or the public.
We reserve the right to block or otherwise prevent the delivery of any files, emails or other communications to or from the Site or Services as part of our efforts to protect the Site or Services, protect our customers or prevent you from violating these Terms.
13. Representations and warranties
You represent and warrant that:
a) any factual information you provide to Nex Labs (" Information ") is true and accurate in all respects as of the date it is provided or the date (if any) on which it is stated;
b) nothing has occurred or been omitted, and no information has been provided or withheld that would cause the Information to be false or misleading in any material respect; AND
c) Any financial projections contained in the Information have been prepared in good faith based on recent historical information and based on reasonable assumptions.
The representations and warranties set forth above and elsewhere in these Terms are deemed to be made by you on a daily basis with respect to the facts and circumstances at that time. existing as of the date of this letter and continuing until you cease using the Site and Services.
You shall immediately notify Nex Labs in writing if any representations and warranties set out above and elsewhere in these Terms are incorrect or misleading, and you agree to promptly supplement the Information from time to time to ensure that each such representation and warranty is accurate when made.
You acknowledge that Nex Labs will rely on the Information without carrying out any independent verification.
14. Independent Parties
Nex Labs is an independent contractor but not your agent in the performance of these Terms. These Terms should not be construed as making or evidence of an association, joint venture, partnership or franchise between you and us.
15. Compensation
You agree to indemnify and hold harmless Nex Labs and its respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors from and against any potential or actual claim, action, proceeding, investigation, demand, suit. costs, expenses and damages (including legal fees, fines or penalties imposed by any regulatory authority) arising out of or relating to: (a) your use of or conduct in connection with the Site or Services; (b) your breach or our enforcement of these Terms; or (c) your violation of any applicable laws, regulations, or third party rights while using the Site or Services. If you are obligated to indemnify Nex Labs and its respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors under these Terms, Nex Labs will have the right, in its sole discretion, to control any action or proceeding and to determine whether Nex Labs wishes to settle and, if so, on what terms. Your obligations under this indemnification provision will continue after the expiration or termination of these Terms.
16. Marketing
You agree that Nex Labs may use your (pre-approved) name and logo to marketing and promotional materials. You grant Nex Labs the right to link to your website. You agree to use reasonable efforts to ensure that appropriate personnel are available to serve as references for the Site, the Services and Nex Labs in the event of a request from any member of the press, any industry analyst or any prospective customer. You agree to reasonably cooperate with Nex Labs to prepare a case study/reference testimony about the Site or Services.
17. Confidentiality
You acknowledge that the Site and Services contain trade secrets and confidential information about Nex Labs. You agree to use the Site and to maintain and keep the Services confidential and not to provide any confidential information about the Site and the Services to any other person. You agree to use reasonable care to protect the privacy of the Site and Services. You will not remove or alter any proprietary notices of Nex Labs. Your obligations under this provision will continue after the expiration or termination of these Terms.
18. Anti-money laundering
Nex Labs expressly prohibits and rejects use of the Site or Services for any form of illegal activity, including money laundering, terrorist financing, or trade sanctions violations. By using the Site or Services, you represent that you are not engaged in any such activities. In the event that we, in our sole discretion, suspect or conclude that you have used the Site or Services for any form of unlawful activity, we have the right to terminate and cancel your use of the Site or Services with immediate effect and to notify any (governmental) authority thereof.
19. Force
Nex Labs will have no liability to you if it is prevented or delayed in performing its obligations or carrying out its Services and activities, due to any act, event, omission or accident beyond its reasonable control, including, without limitation, strikes, failure of a utility or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or directive.
20. Applicable law and jurisdiction
These Terms (including this Clause 22) and any non-contractual obligations, disputes or claims arising out of or in connection with these Terms, the Site or the Services shall in each case be governed by and construed in accordance with the laws of Netherlands.
Each party will attempt in good faith to mutually resolve any dispute or claim, whether in law or fact, of any nature arising out of or in connection with these Terms, the Site or the Services. Any dispute or complaint which is not resolved after good faith negotiations may be submitted by either party for final and binding resolution by arbitration in accordance with the arbitration rules of the Dutch Consumer Complaints Foundation (The Disputes Committee https://www.degeschillencommissie.nl/english/ ). The law applicable to the arbitration will be that of the Netherlands. The seat of the arbitration will be Amsterdam, the Netherlands. The number of referees will be one (1). The arbitration proceedings will be conducted in English.
21. Separability
If any provision of these Terms is held by a court or other competent authority to be illegal or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless this contradicts the clear intention of the clause, in which case the provision in question will be deemed to be deleted in its entirety).
22. Notices
All notices, requests, demands and decisions to us under these Terms (other than routine operational communications) shall be sent to nexlabs.info@gmail.com .
23. Assignment
You may not assign, transfer, or encumber any rights to use the Services or any rights or obligations under these Terms without our prior written consent, including any rights or obligations related to enforcement or change of control. We may assign, transfer or encumber any or all of our rights or obligations under these Terms, in whole or in part, in our sole discretion, without notice to you or obtaining your consent or approval, to any person or third party, including third party contractors and licensors.
24. Third party rights
No third party shall have any right to exercise or enforce any term or condition contained herein. If any third party has the right to exercise or enforce any term or condition contained herein, these Terms may be modified, supplemented, restated or waived without the consent of such third party.
25. Various
We may perform any of our obligations and exercise any rights granted to us under these Terms, through third parties, in our sole discretion.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section titles used herein are for convenience only and shall not have any legal meaning.
All disclaimers, indemnities and exclusions contained in these Terms will survive termination of the Terms and will continue to apply during any suspension or any period during which the Site or Services are unavailable for your use for any reason.
These Terms and the documents referenced in them set forth the entire agreement between you and us in relation to your use of the Site, Nex Labs and the Services provided through the Site, and supersede any and all prior or contemporaneous representations, communications or agreements (whether written or oral) made between you or us.