- BlackFort is a platform where users can discover NodeNFTs available on Blockhain, purchase such NodeNFTs and experience the blockchain Technology by minting from nodes and holding NFTs. Blackfort does not provide a platform for centralized exchange activities, it is not a custody provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. BlackFort provides Services that help users discover NFTs available on blockchain. To use our Service, you must use a client side wallet which can be Blackfort multinetwork non-custodial wallet or third-party wallet which allows you to engage in transactions on blockchain.
- General conditions
- These Terms of Service govern your access and use of the Services available via the Website, the domains and subdomains of BlackFort, as well as the apps by BlackFort. The Terms constitute the legal agreement between You and BlackFort.
- You should read these Terms of Service carefully before You use the Services.
- By accepting these Terms, You confirm that You fully agree to all the terms and conditions set out herein. If You do not agree to the terms and conditions set out in these Terms, then You may not use the Services.
- “BlackFort”, “the Company”, “us”, “we” or “our” means 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), email address: [email protected]..
- “You”, “your” or “User” means a person using the Website and/or Services provided by BlackFort.
- “Party” means each of You and BlackFort and “Parties” means You and BlackFort collectively.
- “Services” means the services provided by BlackFort to You which consist of a digital platform that allow you to discover & purchase of Node NFTs available on Blockchain and start minting and discover the Blackfort platform & its Blockchain.
- “Node NFTs: means Nodes or NFTs or Node NFTs are the representation of the varying amount of BXN’s locked to form a “Node” a node is what produces the networks new BXN. It also serves as a mechanism to allocate what share of future fees should be allocated to holders of the NFT’s which are the nodes based on their weight as a ratio of the networks total New BXN producing capacity. Furthermore delegation of Node NFT is not obligatory. It can be delegated in a validation algorithm on blockchain or can be just held.
- “Website” means the Website accessible at https://BlackFort.exchange, including its subdomains, programming code, related technologies, know-how, databases, design and Content therein.
- “Account” means the account created for You upon registration in the Website.
- “Wallet” means the Blackfot multinetwork client-side cryptocurrency wallet or any third-party provider non-custodial wallet. Furthermore, Blackfort does not administrate the client funds in any form or store it on its platform. Clients have only access to their funds and onus of thefunds are on client side.
- “Affiliate” means the user who engages in marketing activities to advertise BlackFort services to third parties in exchange for a bonus from the referral program or any other commission.
- Virtual Currency” means a value represented in the digital form, which is digitally transferable, preservable or tradable and which natural persons or legal persons accept as a payment instrument, but that is not the legal tender of any country.
- “BXN” or “Token” is the Token that is used as the reward system on the Blackfort Blockchain. BXN will be used within our Services and for the payment of fees at a discount rate.
- “Content” means text, design, data, video content or other intellectual property, content or information, made available to You by BlackFort.
- “Terms” means these Terms of Services, as amended from time to time.
- “PEP” refers to a politically active person as defined by the existing legislation of Georgia on the prevention of money laundering and the financing of terrorism. This includes a natural person who currently holds or has been entrusted with recognized public functions. Such functions encompass roles such as the head of state, head of government, member of the government, deputy, head of a government institution, head of public authority, member of the parliament, member of the Supreme Court, member of the Constitutional Court or other court (who’s decision can be appealed in exceptional circumstances), general auditor, deputy general auditor, member of the Court of Auditors, head of the military, member of the board of the Central (National) Bank, ambassador, a head of a diplomatic representation, head of an enterprise with state participation, head of a political party (union), executive body member of a political party (union), a head of an international organisation, a deputy head of international organization, or a member of the management body thereof, any other significant political figure, as well as their family members and/or persons who have close business relationship with a PEP. The status of a politically active person persists for one year after leaving the aforementioned position.
- Accessing the Services. Opening Account
- To use the Services, you must open an Account with BlackFort. Any use of the Services must be carried out by You exclusively through the Account opened for You.
To register for an Account or to use any of the Services, You must be at least 18 years of age. any users identified to be under 18 will be blocked and the nodes will be blacklisted. Such users shall not be refunded.
- Any user is eligible to have one active Account. Having more than one active account in the system, may lead to a warning, immediate account suspension, retraction of bonuses and earnings until accounts are merged and the user fully identified via KYC procedures of BlackFort. Refusal to comply with such requests forfeits account and any future participation in BlackFort’s system.
- You are responsible for maintaining adequate security and control of any login IDs, passwords, keys, personal identification numbers (PINs), mnemonic phrases and any other codes or devices which are intended to or can otherwise be used to access the Account and/or use the Services.
- We will require login credentials to access your User Account. We may impose additional security measures to be used when You access our Services, for example a two-factor authentication by sending security passcodes via mobile text message, electronic mail or by other means or we may add third party 2FA apps to our Services. We can make any form of security measures optional or mandatory at our discretion.
- We may limit the use of our Services to certain hardware devices and/or supported software. We do not guarantee that our Services will be accessible through all manufacturers of electronic devices or software developers.
- You have the obligation to fully and timely cooperate with BlackFort in the investigation of any suspected unauthorized access to the Account or use of the Services.
- All information You provide to BlackFort at any time (including but not limited to the information provided upon the opening of the Account) must be accurate, current and complete and may not be misleading in any respect. BlackFort may, from time to time, request such information to be updated and/or supplemented, in which case You are obliged to provide BlackFort with the updated and/or supplemented information without delay. If You are not able or willing to update such information, BlackFort has the right to close your Account and/or restrict You from accessing the Services.
- Blackfort reserves the right to ask its clients to comply with our AML/KYC policy at any time and at its full discretion.
5.2 In case of Affiliates, it is compulsory to undergo with KYC/AML procedure as per our AML/KYC policy.
- By using a Wallet in connection with the Service, you agree that you are using the Wallet under the terms and conditions of the applicable provider of the Wallet. Wallets are not operated by, maintained by, or affiliated with BlackFort, and BlackFort does not have custody or control over the contents of your Wallet and has no ability to retrieve or transfer its contents. BlackFort accepts no responsibility for, or liability to you, in connection with your use of a Wallet and makes no representations or warranties regarding how the Service will operate with any specific Wallet. You are solely responsible for keeping your Wallet secure and you should never share your Wallet credentials. If you discover an issue related to your Wallet, please contact your Wallet provider.
- Any exchange service that may be available on the Website or any other platform are third party services. BlackFort does not provide the Services associated with the exchange.
- We do not loan, hypothecate, pledge, or otherwise encumber any Virtual Currency sent by You.
- The Swap services that may be available on the Website or any other platform are third party provider services (such as Changelly exchange). Blackfort provides third party swap services integrated on its platform with the APIs of Changelly, all the orders executes in the backend of changelly. Blackfort is not responsible for any technical glitch in whatsoever for this service.
- Blackfort is not liable and/or responsible for any loss or damage resulted from provision of the services by third-party service providers.
- Airdrop program
- Airdrops are a form of distribution of free tokens or cryptocurrencies to a group of users. Airdrops are used to increase awareness and adoption of a new cryptocurrency. The Airdrop consists of the possibility to receive Virtual Currency at no monetary cost. The Airdrop Program is delivered by us to You, but that is developed by the network creator or developer and not by BlackFort.
- There is no purchase necessary to receive Virtual Currency in an Airdrop. To receive the Airdrop, you might need to have registered an Account and a third-party Wallet.
- If You are selected to receive an amount of Virtual Currency or Token in an Airdrop, we will provide You with a written notice of the next steps for the delivery of such Virtual Currency or Token.
- The existence of the Airdrop section of these terms does not guarantee the existence of such a program at any point in time. In case of an Airdrop program, communication of its conditions will be shared through official communication channels.
- Referral Program
- Blackfort offers the referral program which enables You to refer new Users to us.
- Bonus can be earned when an existing User, upon signing up for a Wallet or directly for the BlackFort.network nodes dashboard, shares to the potential new User a link. The referral link is based on a unique ID which is assigned to each User.
- 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.
- 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 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.
- Restrictions and Obligations
- You agree that You will not do any of the following while using or accessing the Services:
- Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud;
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website or mobile application;
- Use the Website or Services in a commercial manner;
- Circumvent, disable or otherwise interfere with security related features of the Website, mobile application or Services, or features that prevent or restrict use or copying of any Content;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website, servers or networks connected to the Website or mobile application, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or mobile application;
- Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the Website, mobile application and Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or mobile application and Services;
- Attempt to scrape, parse, access, search or meta-search the Website or mobile application with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by BlackFort or other generally available third-party web browsers;
- Use the Website or mobile application to send altered, deceptive or false source-identifying information;
- Use the Website, the mobile application or Services in any manner not permitted by these Terms;
- Encourage or instruct any other individuals to do any of the foregoing or to violate these Terms.
- If you find any bug in website or in application, you will immediately report to [email protected].
- Have more than one active account in the system, doing so may lead to a warning, immediate account suspension, retraction of bonuses and earnings until accounts are merged and the user fully identified via KYC procedures of BlackFort. Refusal to comply with such requests forfeits account and any future participation in BlackFort’s system.
- You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by You without our appropriate prior written consent will be null and void.
- We may assign these Terms or any rights hereunder without Your consent.
- BlackFort is provider of Services and therefore is not responsible for the withdrawal of the traded Node NFTs. Furthermore, hereby, You understand and agree that when purchasing a Node NFTs, you will lose your 14-day-right of withdrawal in accordance with the exception based in the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights on the basis of a distance contract for the supply of digital content not supplied on a tangible medium and Article 14 of the Law of Georgia On the Protection of Consumer Rights. Therefore, after You have purchased a Virtual Currency or Token or NFT, it is not possible to get a refund.
- Hereby, You understand and agree that any offerings available to you within the Scope of the Services do not constitute financial products of any kind.
Hereby, You understand and agree that BlackFort is not liable and/or responsible for any underpayment or overpayment. In the event of any underpayment, the requested transaction will not be completed. In case of any overpayment, You will be refunded with any overpaid fund within  days from the completion of the relevant transaction. The refund is subject to the administrative fee amounting to at least 10% of the refunded sum. The 10% administrative fee is also applicable in cases of refund when you send a wrong stable coin to pay for a node or NFT. The third party payment processors like coinspayment or any other provider charges this amount.
- Geographical restrictions
- We will not provide the Services to the citizens or residents of the following:
BOSNIA AND HERZEGOVINA
BELARUS (Sanctioned / Temporary suspension / Sanctioned entities natural or legal)
CONGO, DEMOCRATIC REPUBLIC
IRAN, ISLAMIC REPUBLIC OF
LAO PEOPLE’S DEMOCRATIC REPUBLIC
NORTH KOREA (DPRK)
RUSSIA (Sanctioned / Temporary suspension / Sanctioned entities natural or legal)
SYRIAN ARAB REPUBLIC
UNITED STATES AND ITS DEPENDENCIES
- Intellectual property
- Unless otherwise clearly stated, all copyright and other IP rights present in the Services or displayed in connection with the Services and on the Website, registered or not, are owned by or licensed to BlackFort. The foregoing also applies towards any software solutions or parts of it, programs and code present in the Service.
- Subject to Your compliance with these Terms, we give You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Website and Services for Your own personal use. This license is for the sole purpose of enabling You to use and enjoy the benefits of the Website and Services in the manner permitted by these Terms.
- The right to access our Services and our platform will automatically terminate upon the closing of the Account.
- Any other use of the Website and Services that not the intended according to this Terms requires our prior written consent.
- The Website and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable national and foreign laws and regulations in connection with Your use of the Website and Services.
- Liability and Warranty
- You are liable for and shall be obligated to compensate to BlackFort any and all damages (including the loss of profits) which arise from Your activities. This liability applies to the maximum extent permissible under applicable legal acts.
- You will be solely responsible, and to the maximum extent permissible under applicable legal acts, BlackFort will have no liability, for any activity that takes place with Your Account if the Account has been accessed with Your Account credentials, regardless of whether or not such access has been authorized by You.
- BlackFort is not responsible for any transactions happening to the Virtual Currencies or Tokens once they are no longer in the Exchange. If any mistakes happen during the transfer of Virtual Currencies to BlackFort, then BlackFort is not responsible for the loss incurred due to the irrecoverable nature of blockchain transactions.
- In the event of your Account being closed, BlackFort shall assume no liability for any losses incurred from the fluctuation of the prices of the Virtual Currencies or Tokens or NFTs held in Your Wallet when converting those Virtual Currencies or Tokens to any other virtual or fiat currency.
- BlackFort is liable for and shall be obliged to compensate to You only direct monetary damages and only on the condition that such damages are caused to You by BlackFort either intentionally or due to gross negligence.
- BlackFort assumes no liability for any damages caused by third parties or by circumstances outside the control of BlackFort including, but not limited to, volatility of Virtual Currencies or Tokens.
- The Services are provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. BlackFort does not make any representations or give warranties that the access to the Website or use of the Services will be continuous, uninterrupted, timely or error-free.
- BlackFort operates as a fully cash free business. As such at no point in time will BlackFort Group of companies accept FIAT Cash payments for any type of services, we operate only through our dedicated accounts.
- BlackFort will not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Service, Internet, the World Wide Web or any other electronic network, any blockchain or any aspect thereof, or any hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables BlackFort to provide the Service), it being understood that BlackFort will use commercially reasonable efforts, consistent with accepted practices in the industries in which BlackFort operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.
- Risk Factors
- You accept and acknowledge:
- The value of a NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
- You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.
- The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
- BlackFort does not have ownership, custody, or control of NFTs deployed by third parties. Creators of these NFTs are solely responsible for their operation and functionality.
- The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
- We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of or loss of use of NFTs, content, and/or content linked to or associated with NFTs, including but not limited to any losses, damages, or claims arising from: (a) user error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the service or NFTs.
- During periods of high volume, fast market conditions, illiquidity, or volatility in the marketplace, the actual price that a market order is executed may be different from the best price indicated at the time of Your order, and in some cases significantly so.
- Under certain market conditions You may find it difficult to liquidate a position. There might not be sufficient demand to meet your order. You may suffer losses due to orders executing at lower or higher values than anticipated or requested.
- Virtual Currency transactions may not be reversible. Once You send Virtual Currency to an address, You may lose access to your Virtual Currency indefinitely. This may happen if Virtual Currency is sent by mistake to the wrong address.
- Past performance of a Virtual Currency is not a reliable indicator or guarantee of future performance.
- The value of Virtual Currencies is affected by many other factors including, but not limited to, future sales or minting, failure to deliver projects or meet expectations, failure or damage to the underlying network/blockchain, fraud or theft, competition in the Virtual Currency’s market, technical failures or general global and economic indicators.
- The transmission of information over the internet is not completely secure or error free. You should stop transacting when it is clear that there has been a breach of security or a system failure that poses a risk to security exists, such as malware, ransomware or phishing.
- BlackFort makes no warranty whatsoever (express or implied) with respect to NFT or Token, including any: (ii) warranty of merchantability; (iii) warranty of fitness for a particular purpose; (iv) warranty of title; or (v) warranty against infringement of intellectual property rights of a third party, whether arising by operation of law, course of dealing, course of performance, usage of trade, or otherwise except as expressly set forth in writing between the company and any purchaser of such NFT. It is a condition of you receiving and retaining this Terms that you warrant to the BlackFort, its managers, and its officers that you have not relied upon any warranty made by the BlackFort, or any other person on the BlackFort’s behalf. By purchasing NFTs you do so at your own risk.
- To the maximum extent permitted by the applicable laws, regulations, and rules, BlackFort and its affiliates and their respective officers, employees, or agents will, in relation to the website and BlackFort Services, not be liable for any damages of any kind, including but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, loss of revenue or third party loss whether foreseeable or otherwise, trading losses or damages that result from use or loss of use of the website and Services.
- For the avoidance of doubt, BlackFort expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained on the Website or any other Blackfort platform; (ii) any error, omission, or inaccuracy in any such information; (iii) any action resulting therefrom; or (iv) usage or acquisition of products, available through the Website or any other Blackfort platform.
- Participants of the NFT purchase acknowledge and agree that they are not purchasing them for purposes of investment, speculation, or other financial purposes.
- If you have a dispute with one or more users, you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. in entering into this Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this Terms to include those claims which you may know or suspect to exist in your favor at the time of agreeing to this Terms.
- Termination of the Agreement. Closing the Account
- You have a right to terminate these Terms at any time by ceasing to use the Services and/or by closing your Account. From the moment of closing the Account, You will not be entitled to use any of the Services.
Notwithstanding anything contained in these Terms, we reserve the right, with prior 14 day notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. If we terminate your Account or restrict your access or use of the Service, you retain ownership of your NFTs. You may still access your NFTs through public blockchains and other Wallets, platforms, and/or websites.
- BlackFort may terminate these Terms with You at any time if:
- You violate any provision of these Terms;
- You become a PEP;
- It is required by a competent authority;
- It is required by applicable law.
- On any other grounds as it deemed fits to the Blackfort.
- BlackFort may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published on the Website and a message is sent to your registered email to notify You about the updates of the Terms. You will be asked to accept the amendments. A notice about changes will be posted on the Website’s homepage for a reasonable period of time prior to such changes coming into force.
- The effective date which is at the top of the Terms informs You about the latest version of the Terms. We advise You to revisit this page from time to time to make sure You are familiar with the current version of the Terms.
- If You do not agree to any updated Terms, You must stop using the Website and the Services.
- It is your sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions You conduct using the Service, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your transaction history is available through the mobile application. The fees collected by BlackFort do not include any Taxes.
- Applicable law/ Jurisdiction
- These Terms have been drawn up in accordance with the laws of the Georgia and the application, interpretation, and termination shall be governed by the laws of Georgia.
- Any disputes regarding the Services and/or in connection with these Terms shall be settled through negotiations. If the Parties fail to resolve the dispute through negotiation, the disputes shall be settled by the courts of Georgia, pursuant to the procedure provided by the laws of Georgia.
- If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from this agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms and the invalid condition shall be replaced by a valid condition as close as possible to the outcome and the detail of the replaced condition.
- These Terms are provided in English. Any translation has the sole purpose of being convenient for You. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.
You can contact us if You have any questions, feedback or comments related to our Services, by sending an email to [email protected].