Affiliate Terms

THESE REFERRAL PROGRAM TERMS AND CONDITIONS (THE TERMS) ARE LOCATED AT HTTPS://BLACKFORT.EXCHANGE/TERMS-OF-SERVICE/ AND MAY BE MODIFIED OR AMENDED BY THE COMPANY AT ANY TIME AND FROM TIME TO TIME AT THE COMPANY’S SOLE DISCRETION. ANY MODIFICATION OR AMENDMENTS TO THESE TERMS WILL BE EFFECTIVE [FIFTEEN (15) DAYS] AFTER POSTING AT THE ABOVE-INDICATED URL. THE COMPANY WILL PROVIDE AFFILIATES WITH NOT LESS THAN [THIRTY (30) DAYS NOTICE] OF THE EFFECTIVE DATE OF ANY SUCH MOFIDICATIONS OR AMENDMENTS THAT WOULD CHANGE THE TERMS OF AFFIALITES’ PARTICIPATION IN THE REFERRAL PROGRAM FROM THE TIME A MODIFICATION OR AMENDMENT IS APPLICABLE.

1. THESE TERMS
   • These Terms govern the Blackfort referral program whereby users can be referred to Blackfort by Affiliates (as defined below) and in exchange the Affiliates may receive referral fees.
   • By using any of the services, you agree that you have read, understood and accept all of these Terms (including, without limitation, provisions on limitation of our liability), as well as all of the terms and conditions of our Anti-Money Laundering Policy and Privacy Policy which are hereby incorporated by reference and form part of these Terms. You should read these Terms, the AML Policy and the Privacy Policy carefully and in their entirety. These Terms are effective as of the earliest date and time at which you use the Blackfort network. If you do not agree to be bound by these Terms, the AML Policy or the Privacy Policy you must not use or access the Blackfort network.
   • You can access the AML Policy here https://blackfort.exchange/aml-kyc/ and the Privacy Policy https://blackfort.exchange/privacy-policy/
   • Unless otherwise stated herein, references to “Blackfort”, “Company”, “we”, “us” or “our” in these Terms will refer collectively to Blackfort Technologies LLC, limited liability company incorporated under the laws of Georgia, with identification number:400373118 and with registered address at: Georgia, Tbilisi, Gldani District, Omar Khizanishvili Street, N 264 (Free Industrial Zone of Tbilisi Technology Park).
   • If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your Account.
   • We use the words “writing” or “written” in these terms, which includes emails.
   • No partnership, joint venture, employee-employer, agency or franchiser-franchisee relationship is intended or created by these Terms. We do not endorse or recommend any particular virtual currency, digital asset or transaction. You acknowledge and agree that the decision to use our services and all transaction decisions are made solely by you and we bear no responsibility or liability for the outcome of your decisions. Without prejudice to the generality of the foregoing, the Affiliate shall not (a) represent itself as an agent of the Company for any purpose; (b) give any condition or warranty on the Company’s behalf; (c) make any representation on the Company’s behalf; (d) commit the Company to any contracts; or (e) otherwise incur any liability for or on behalf of the Company.
   • The network is not available to persons under the age of 18; persons who are suspended or removed from using the network; persons who do not agree to or are not in compliance with these Terms, the AML Policy or the Privacy Policy and persons who are not lawfully permitted to use our services, cannot enter into legally binding contracts or who, in our sole opinion, present an unacceptable level of credit, legal or reputational risk to us, our services or to others. Any use of the network by anyone who falls within such categories is strictly prohibited and in violation of these Terms. In order to use the Blackfort network, you must register for an account and accept these Terms, the AML Policy and our Privacy Policy. We may, at our sole discretion, refuse to open an Account for you or limit the number of Accounts that you may hold. When creating your Account, you must provide accurate and complete information, and you must keep this information up to date. You may never use another user’s account or take virtual currency or funds from another user’s account without permission or give access to your Account to any third party. The Affiliate shall be an active user of the Platform and shall have purchased the Blackfort Nodes NFTs of at least EUR100 (one hundred Euros) or equivalent in another currency.
   • In these Terms, “you” or “your” means any person or entity using the Blackfort network or our services. If you open an account on behalf of an organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the organization or entity with the authority to bind the organization or entity to these Terms, and that you agree to these Terms on the entity’s or organization’s behalf.
2. DEFINITIONS
   • In these Terms, unless the context otherwise requires, the following terms have the following meanings:

• In this document, unless the context otherwise requires:
  • a singular word includes the plural and vice versa;
  • a word which suggests one gender includes the other gender;
  • the contents of and the headings are for convenience only and shall not affect its meaning;
  • a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
  • references to a “document” are to that document as varied or novated at any time;
  • a reference to “day” or “month” is a reference to a calendar day or month;
  • any phrase prefaced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words introduced by those terms.

3. AFFILIATE SERVICES
   • You agree to promote the Platform through approved channels such as your website, social media platforms, or email marketing.
   • You may only use the Advertising Content prepared, reviewed and approved by the Company. The Advertising Content shall be distributed in line with the Advertising Guidelines and Regulations.
4. GENERAL OBLIGATIONS
   • You are obliged under these Terms:
     • to act in good faith and adhere to these Terms as well as other provisions governing the use of the Platform, as well as properly fulfil your obligations to us in a timely manner;
     • to provide us with information, documents and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with normal functioning of the Platform or related applications;
     • to comply with all applicable laws and regulations at all times, including, but not limited to, AML/CTF regulations;
     • not to use any incorrect or misleading information or statements with respect to the Advertising Content;
     • to treat Users with respect and professionalism;
     • to comply with all privacy laws and regulations.
   • Our obligations to you:
     • to strive to enable the intended use of the Platform, take timely measures to correct any operation faults with it; and
     • to fulfil our obligations to you in respect of these Terms.
   • In order to protect the Confidential Information and business connections of the Company and each Group Company to which the Affiliate has access as a result of the services, the Affiliate undertakes and covenants with the Company that it shall not (directly or indirectly, and on its own behalf or on behalf of, or in conjunction with, any firm, company or person) during the term of these Terms and within the period starting on termination of these Terms and ending after 6 (six) months:
     • solicit or endeavour to entice away from the Company or any Group Company the business or customer of a Restricted Customer with a view to providing goods or services to that Restricted Customer in competition with any business of the Company or any Group Company;
     • except as a representative of the Company or with the prior written approval of the Company, whether paid or unpaid, be directly or indirectly engaged, concerned or have any financial interest in any similar capacity assumed by the Affiliate under these Terms in any other business, trade, profession or occupation or the setting up of any business, trade, profession or occupation which is in competition with business of the Company or any Group Company;
     • use or disclose to any third party whether a person, company, or other organization (and shall use his best endeavours to prevent the publication or disclosure of) any Confidential Information. This shall not apply to the following:
       • Any use or disclosure authorized by the Company in writing or required by law; or
       • Any information which is already in, or comes into, the public domain other than through the Affiliate’s unauthorized disclosure.
     • Non-compete.
       • The Affiliate agrees not to engage in the sale or promotion of any products or services that directly compete with the offerings of the Company, including but not limited to:
         • Selling products offered by direct sales companies or engaging in network marketing activities;
         • Participating in any form of affiliate marketing where commission-based services are promoted through affiliate links.
       • The Affiliate acknowledges and agrees that this non-compete provision is essential to protect the legitimate business interests of the Company. In the event of a breach of this clause, the Company shall be entitled to seek injunctive relief and any other remedies available at law or in equity. The Company shall be entitled to immediately terminate any contract with the Affiliate and withhold any and all payments of commission or bonuses.

5. ELIGIBILITY
   • You are eligible to use our services if you comply with all of the following criteria:
     • you have the capacity to enter into and be bound by these Terms and any other document related thereto;
     • you have attained the legal age of majority and reside in a country in which our services are legally accessible;
     • you have provided accurate and complete information and documents requested by us to verify your identity;
     • you consent to us carrying out the required AML/CTF regulations checks in respect of your identity;
     • we are satisfied with the outcome of any identity, fraud and background checks including all other money laundering and terrorist financing checks which we will conduct in relation to you at any time during the term of your relationship with us;
     • you create an Account in accordance with the procedure set out in these Terms;
     • you do not use / intend to use the Blackfort network for anything that is unlawful, malicious or that could disable, overburden, or impair the proper working of the Blackfort network or may damage our reputation or otherwise pose any threat to us; and
     • at all times you comply with the Terms as well as all applicable laws and regulations including, but not limited to, AML/CTF regulations.

6. REPRESENTATIONS AND WARRANTIES
   • By accepting these Terms, you:
     • confirm that you are eligible to use our services by complying with criteria listed in Section 5;
     • confirm that you have read and commit to be bound by these Terms;
     • agree and acknowledge that any and all actions (transactions) performed by using your Account and related to the use of our services or discharge of other provisions of the Terms shall be valid and causing the same legal effects as the actions (transactions) formalized by a hard copy document signed by you;
     • confirm that you have enough knowledge relating to the use of our services, and understand that you are solely responsible for determining the nature, potential value, suitability, risks and appropriateness of our services;
     • that, excluding any advertisement in the normal course of marketing our services, you confirm that we have not advised you, nor individually recommended to you, to use our services;
     • confirm to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms or of any circumstances that have or are likely to have an impact, negative or otherwise, on you discharging your obligations to us or of any circumstances that are material for the performance of these Terms e. g. names of authorized persons, your name/title, place of residence, email address, insolvency proceedings, etc. At the request of the Company, you agree to submit any documents (originals, duly certified paper copies or scanned copies) supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers;
     • confirm and understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide, and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our services;
     • confirm that your use of our services does not violate any applicable laws or regulations in any jurisdiction that applies to you and warrant the you shall not use any of the Services for any of the following (a) to conduct or engage in any illegal or unlawful activity; (b) to hide or disguise the proceeds of any illegal or unlawful activity; (c) to engage in any fraudulent or malicious activity; (d) to control or use an Account that is not yours or to allow anyone who is not a duly authorized person to have access to or use your Account; (e) to engage in any other use or activity that breaches these Terms or is not in conformity with sustainable activities of the Company, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company.
   • By accepting these Terms, you represent and warrant that, at the time of entering into these Term and for the duration of the provision of the services, the above, as well as any and all representations warranties given anywhere else in these Terms are true and accurate. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information, data or documents provided by you.
   • For the avoidance of doubt, all representations and warranties are personal statements or assurances given by you which we will rely on when we provide our services to you.
   • Use of the Blackfort network is subject to the laws and regulations regarding the prevention of terrorist financing and anti-money laundering. You agree and acknowledge that your use of the services would and will comply with such laws and regulations.
   • We reserve the right, without any prior notice or explanation, to refuse any person from using our services or to terminate an existing relationship with you if we have a reasonable doubt that the activity being carried out by that person or by you is not or has not complied with this Section 6.
7. VERIFICATION AND AML/CTF CHECKS
   • To become an Affiliate authorised to use our services, you must provide us with the information and documents requested by us in order for us to comply with our legal obligations.
   • Through our third-party processor, we will review and assess information and documents submitted by you to us. Upon successful assessment and verification of the information and documents obtained by our third-party processor, the Account will be activated, unless we conclude that you are not eligible to gain access to the Blackfort network and our services. For more information on our third-party processors, please see our Privacy Policy https://blackfort.exchange/privacy-policy/.
   • As part of the global initiative to combat financial crimes, in particular money laundering and terrorism financing, we follow the regulatory obligations that include, without limitation, implementing customer due diligence measures to counter financial crimes. This means we are legally obliged to know who our customers are and we fulfil this requirement by requesting and retaining required documents, information and data confirming your identity or the identity of a legal entity you represent or the identity of any other individuals with registered or unregistered management, representative or controlling powers of the legal entity and any other relevant documents or information (the KYC Documents).
   • The nature and extent of the information we request may differ based on our risk assessment policy. In some instances, we may contact you to obtain additional KYC Documents, and we will not be able to process your order and/or transaction until the information requested by us is provided in a timely manner and to our satisfaction. We shall have the right to restrict or terminate the provision of our services or suspend an Account if, before or after the execution of any particular transaction, you do not submit to us or avoid, or refuse to submit to us the requested documents or information, or conceal the requested documents or information, or provide incorrect or incomplete requested information, or otherwise fail to comply with any other instructions we give in order to comply with our regulatory obligations.
   • At the moment of establishing a business relationship with us or before or after the execution of any particular transaction, we shall have the right to request from you any documents or information to the extent necessary for us to adequately fulfil the requirements of relevant legal acts in the field of AML/CTF.
   • You confirm that all information you provide to us pursuant to this section is accurate and complete and agree to keep us updated if any information provided changes. Any falsification of documents in order to circumvent your obligations under this section shall constitute a material breach of these Terms and we shall be entitled to suspend, disable and/or terminate your Account and any transactions with us.
   • You consent to the collection of information and permit us to keep records of such information, which will be stored in accordance with applicable data protection laws. From time to time, we may engage third parties in order to assist in different aspects of the provision of our services to you. You acknowledge and agree your use of the Services may require we share your information with these third parties who may need to review your eligibility to use the services according to their own verification procedures. For more details, please read the Privacy Policy https://blackfort.exchange/privacy-policy/.
   • You also authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity. When we carry out these enquiries, you acknowledge and consent that your personal information may be disclosed to credit reference, fraud prevention or financial crime agencies.
   • We have a general duty to report any suspicious activity identified during the business relationship with you to the relevant authorities as well as other reporting duties deriving from relevant legal acts. We shall not be liable to you for the execution of such duties.
   • We shall be entitled to terminate a business relationship with you at any time if we determine that continuing such a business relationship with you exposes us to a money laundering or terrorist financing risk deemed unacceptable.
   • We shall be entitled, at all times and at our absolute discretion, to suspend, disable or terminate an Account or transaction where we reasonably suspect that you have failed to comply with your obligations under these Terms.
   • Right to Inspect. In order to comply with our regulatory obligations, we may, upon reasonable notice, ask for permission to inspect your location in connection with your use of the services, or documentation or evidence to support specific transactions. If you refuse our request, we shall be entitled at our absolute discretion to suspend, disable or terminate your Account.
   • Right to Defer. We shall perform regular monitoring of your transactions and in the case of a suspicious or unusual operation or transaction or if we need to conduct an investigation or resolve any pending dispute related to your Account, we shall have the right to suspend it for a certain period of time. Thus, may delay settlement or restrict access to your funds while we do so. Additionally, we may delay settlement or restrict access to your funds if required to do so by law, court order or at the request of regulatory or law enforcement agencies. In any of these cases, we shall not be liable to you for any default on any contractual obligations or for any damages or losses sustained by you.
8. REFERRAL FEE AND PAYMENTS
   • Referral Fee
     • Commission:
     • Every time the User buys BXN nodes you will earn a Referral Fee for each Referral in the amount of 10% on the sum of the buy volume in the cryptocurrency used by the User for the purchase.
     • There may be further indirect airdrops and other marketing bonuses, including pay-outs to Users and Affiliates if a User becomes an active affiliate partner. The attribution of bonus is calculated solely at the Company’s discretion for each individual Affiliate.
   • Payments
     • The Referral Fees will be paid automatically, through our automated function.
     • You authorize us to charge or deduct from the agreed amounts, at any time and at our sole discretion, funds for any applicable charges owed by you to us or any Taxes.
   • Transactions
     • Withdrawals may take up to 24 hours to process. The minimum withdrawal amount is EUR50 or equivalent in other currencies.
     • For top-up transactions, the exact amount must be received. If transferring from another exchange or centralized service, ensure all transaction costs are covered. In the event of underpayment, overpayment or Sending cryptocurrency on the wrong network, fees will be applied.
       • Transaction fees applied on orders over the value of 150€ (or equivalent):
         • Non-Smart-chain cryptocurrencies: 10% plus Transaction fee.
         • Smart-chain native Tokens: 10% plus transaction fee.
         • Smart-chain non-Native Tokens such as ERC20, BEP20 etc, 10% Plus the following:
           • ETH: 0.02Eth or equivalent in the currency to be recovered
           • BNB: 0.02 BNB or equivalent in the currency to be recovered
           • TRX: 40 TRX or equivalent in the currency to be recovered
           • Matic: 0.02 Matic or equivalent in the currency to be recovered
         • Transaction fees applied on orders under the value of 150€ (or equivalent): You receive an Automated e-mail from the payment processor.
       • All transactions are final once executed. You are responsible for entering the destination address accurately and confirming it using your enabled 2-factor authentication codes.
       • When utilizing the buy/sell function, you are interacting with a third-party service provider called Transak (transak.com), who operates under a licensed business model.

9. NO PARTNERSHIP OR AGENCY
   • Affiliates operate as independent sole proprietors and engage in a business-to-business (B2B) relationship with the Company. Affiliates do not maintain any principal-agent relationships with the Company.
   • Affiliates act as marketers, promoting the Company’s services and receiving affiliate commissions.
   • In the event of any misrepresentation made by the Affiliate to their clients or users, the Affiliate shall be solely responsible for any legal repercussions arising from such actions. The Company assumes no liability in such cases.
   • Affiliates agree not to seek recourse through consumer protection measures or private law insurance to sue or initiate legal actions against the Company as consumers. Affiliates acknowledge their status as independent businesses separate from the Company.
   • Affiliates are directly and solely responsible for their actions or omissions with respect to referred clients and shall bear full liability at law or equity for any claims, damages or causes of actions arising out of their conduct and shall keep the Company indemnified and harmless in any proceedings brought against the Company (or any Group Company) arising out of or in connection with the Affiliates’ actions.
10. CLOSING, SUSPENSION AND TERMINATION
    • You may close your Account at any time in accordance with these Terms. You may not use closure of your Account as a means of evading investigation or inquiries by us in order to comply with our legal obligations to any regulatory or law enforcement agency. If any queries or investigation are pending at the time you request closure of your Account, we may refuse your request to close your Account. You will remain responsible and liable for all obligations related to your Account even after such Account is closed.
    • Without prejudice to any of the rights or other remedies that we may have in connection with termination of these Terms or suspension or cancellation of your Account, we reserve the right to terminate the services and these Terms at any time and for any reason upon thirty (30) days’ notice in writing to you.
    • We shall have a right to suspend or restrict the provision of our services or refuse to complete, block or reverse a transaction initiated by us (even when funds are already debited), or terminate these Terms where we are required to do so by law or by any competent authority with jurisdiction over our activities. The relevant measure shall be applied within a period established under such legal acts or established by the relevant competent authority. In case such legal acts or supervisory authority does not specify a relevant period, then a relevant period shall be determined at our own discretion.
    • In addition to our rights envisaged under Section 3, we shall have a right to suspend or restrict the provision of our services or refuse to complete, block or reverse a transaction (even when funds are already debited), or terminate these Terms with immediate effect due to any of the following reasons:
      • you provide incorrect or incomplete or misleading information or documents, or do not provide, conceal, avoid, or refuse to provide any required information or documents to the Company, or submit documents where the veracity or authenticity is in doubt, or the submitted documents or information are not in conformity with requirements established by legal acts or by the Company;
      • at the request of the Company, to provide sufficient evidence or documents supporting the lawful basis of the acquisition or the source (origin) of funds or other assets or any previously (currently) performed transactions or you fail to submit the data about your financial status, if such data is necessary for the Company for the assessment of risk on your solvency or fulfilment of obligations, management of your debt to the Company or provision of other services;
      • you have defaulted on your obligations assumed or representations and warranties made under these Terms or no longer meet the eligibility requirements laid down in Section 5;
      • you have, by unlawful acts or activity, inflicted losses on the Company or have caused a real threat of such losses or damaged the reputation of the Company;
      • in the opinion of the Company, you engage in the field of activity with a high level of risk of money laundering or terrorist financing or according to the information available to the Company, you are related or were related in the past to criminal organisations or have, at any time, been prosecuted or convicted of criminal offences or activities;
      • according to the information available to the Company, you engage in activities without holding the required licenses or other authorisations issued by competent public authorities (e. g. organization of games of chance, trade in precious stones or precious metals, etc., without holding the required licenses (authorizations);
      • you are a person who is subject to sanctions for any reasons or who permanently resides in a country that is subject to sanctions or are a permanent resident of a country that is not a member of the Financial Action Task Force for Combating Money Laundering and Terrorist Financing or of the international organization that has the FATF observer’s status of the Financial Action Task Force and engage in the activities of combating money laundering and terrorist financing.
      • you engage (or the Company reasonably believes that have plans to engage) in another activity that is not in conformity with: sustainable activities of the Company, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company;
      • you are a person whose Account is used by third parties without legal grounds, or, in the opinion of the Company, the funds held in or credited to such Account do not belong to you, except where there is a special agreement with the Company;
      • we have concerns about the security of your Account or your Account is subject to any pending litigation, investigation or we perceive a risk of regulatory non-compliance associated with your Account;
      • other circumstances not mentioned above, including, but not limited to, failure to fulfil or improper fulfilment of your obligations specified in the Terms or your inappropriate, abusive behaviour towards us, may also be considered by us as significant reasons, if they indicate that further provision of our services to you would infringe our, our customers’ or the public legitimate interests; or
      • any other grounds for termination envisaged elsewhere in these Terms.
    • Upon the termination of these Terms for whatever reason:
      • all rights granted herein shall terminate immediately and all performance obligations of the Parties under these Terms, other than as set out in this section, shall cease;
      • each Party shall promptly return to the other Party, or destroy and certify the destruction of all confidential information to the other Party, if any (unless retention of such information is required by applicable laws or foreseen in these Terms or related documents);
      • each Party shall remit in full all payments due to another Party according to these Terms accruing prior to the date of termination, and following such final payment, neither Party will be entitled to receive any payment from the other Party;
      • any provision of these Terms that by its very nature or context is intended to survive any termination, cancellation or expiration hereof, shall so survive; and
    • We shall not be held liable for consequences arising after we legally suspend or restrict the provision of our services or refuse to complete, block or reverse a transaction (even when funds are already debited), or terminate these Terms.
    • Termination of the Terms shall not exempt you from the due discharge of all obligations to us arising before the date of termination.
    • Transactions initiated under the Terms before their termination shall be completed in accordance with the provisions of the Terms applicable before their termination, unless otherwise agreed by you and us.
    • The termination of the Terms shall also mean the closure of respective Account.
11. INDEMNIFICATION
    • You agree to defend, indemnify and hold harmless the Company, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to: (a) your wrongful or improper use of the services; (b) your violation of any term or condition of these Terms, including, without limitation, your breach of any of the representations and warranties contained herein; (c) any other party’s access or use of the services with your account information; (d) your violation of any third-party right, including without limitation any right or privacy or Intellectual Property Rights; (e) your violation of any applicable law, rule or regulation; (f) your fraudulent behaviour, wilful misconduct or gross negligence.
12. NO WARRANTIES

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH OUR WEBSITE, AND WE WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LIMITATION OF LIABILITY
    • IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. COMMUNICATIONS
    • You agree and consent to receive all communications, agreements, documents, notices and disclosures (collectively, Communications) that we provide in connection with your use of the services in writing (including electronically). We will provide these Communications to you by posting them on our website, emailing them to you at the email address you provided, communicating to you via instant chat, or through other electronic communication such as text message or mobile push notification.
    • You may withdraw your consent to receive Communications electronically at any time by following the unsubscribe instructions in the email/SMS or contacting us at [insert address] and requesting to opt out.
    • Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications or respond to your enquiries or complaints, and similar communications in relation to the delivery of our Services to you under these Terms.
15. TAXES
    • You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our services (Taxes). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority.
    • We are not obliged to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. We make no representations in relation to tax liabilities and assume no tax liability for any Dealer, or for collecting, reporting, withholding or remitting any taxes arising from any services that you may use.
    • In case we are obliged under applicable law or voluntary decide to report to any competent authorities any information that is related with your tax obligations, you undertake to provide us with the requested documents, data and information.
16. DATA PROTECTION
    • We agree to comply with our obligations under data protection laws.
    • We will collect, use, store, and otherwise process information about you as described in detail by our Privacy Policy available at https://blackfort.exchange/privacy-policy/ updated from time to time, as well as other provisions of these Terms.
    • We implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
    • You are obliged to inform us in writing immediately in case any information we hold about you is inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by us in a manner not compliant with applicable laws.
17. INFORMATION STORAGE
    • We undertake to store essential information related to entering into and the fulfilment of an order for our own needs for at least 10 (ten) years in durable media of our choice.
    • We undertake to make appropriate efforts in accordance with usual practices in safekeeping information related to provision of the services (including your data); however, we cannot guarantee total security of the information and data.
18. MISCELLANEOUS
    • We may assign our rights and obligations, either in whole or in part, under these Terms without the need to provide you any advance notification thereof. Your rights and obligations are non-assignable, without the prior written consent of the Company.
    • Entire Agreement. These Terms, together with the policies and procedures referred to herein, constitute the entire agreement in relation to your use of the services.
    • If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, then that provision shall be severable and will not affect the validity and enforceability of any remaining provisions.
    • Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which results from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment or software, other catastrophe or any other occurrence which is beyond our reasonable control, such as unilateral decisions by financial institutions to delay the transactions and shall not affect the validity and enforceability of any remaining provisions.
    • No Waiver. Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
    • Amendment. We may update or change these Terms from time to time by posting the amended Terms on our Platform. Such updates or changes shall be effective at the time of posting. If you continue to use the services after we provide notice of such changes, your continued use constitutes an acceptance of the amended Terms and an agreement to be bound by them. If you do not agree to the amended Terms, you must close your Account per the termination section of these Terms and discontinue your use of the services.
    • Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of Georgia. All disputes arising out of or in connection with these Terms or related to its violation, termination or nullity shall be submitted to Georgian International Arbitration Centre for final settlement by arbitration under the Arbitration Rules of Georgian International Arbitration Centre (GIAC Rules) by one arbitrator appointed in accordance with these Rules. The place of arbitration shall be Tbilisi, Georgia. The language to be used in the arbitral proceedings shall be English. The arbitration award is final and binding on the parties.
    • The provisions of Sections 6 (Representations and Warranties), 11 (Indemnification), 12 (No Warranties), 13(Limitation of Liability), 14 (Communications) and 18.7 (Governing Law and Jurisdiction) shall survive the termination of these Terms.