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Terms & Conditions

Last updated: February 2024

1.Welcome to https://www.esdt.tech/!

PLEASE READ CAREFULLY THE FOLLOWING TERMS, AS THEY GOVERN YOUR USE OF THIS WEBSITE

These Terms of Use are entered into between you (referred to as "you" or "your"), as the User, and ESDT.Tech (referred to as "we" or "our").

By accessing (in any possible way) our Services, you fully agree that you have read, understood, and accepted all the terms, conditions, statements, disclaimers, and other provisions set forth in these Terms of Use (referred to as "Terms"). If you do not fully agree with any of the terms and conditions stipulated in this document, please do not access the Platform and cease any personal use of the Services or the use of the Services by any other person from your device.

When you choose to access, test, or use certain features available on the Platform, you may be subject to specific Additional Terms.

By accessing and using in any way our Services available on the Platform or on relevant platforms of third parties, you fully acknowledge that you are obligated to comply with these Terms and any applicable Additional Terms depending on the circumstances and the moment of use.

2. Who we are and how to contact us

Through the Platform, ESDT.Tech aims to conduct an informational activity for those passionate about the Web 3.0 domain by providing news and updates from the blockchain technology, smart contracts, and digital assets industry/market, so that our Users are up to date with the latest developments and trends in the field.

Additionally, the Platform hosts specialized articles written by experts in the Web 3.0 domain, addressing complex topics and emerging trends to provide our users with a deeper understanding of this dynamic and ever-evolving field. We also aim to allow service providers to promote their activities within the relevant sections of the platform. We are determined to find and implement various ways for actors (including consumers of specific goods and/or services) in the Web3 market to interact with each other appropriately, such as organizing AMA sessions (for example, Ask Me Anything).

To contact us, please send an email to contact@esdt.tech

3. Definitions (A-Z)

"Authority" means any governmental, judicial, or other nature of authority, any of these, or any of their authorized representatives.

"Force Majeure Events" means extraordinary events or circumstances, including acts of God, which neither Party could foresee or prevent by reasonable means, including but not limited to natural disasters, war, revolution, rebellion, civil unrest, acts of terrorism, expropriation, nationalization, nuclear explosion, radioactive or chemical contamination, or ionizing radiation, except for lack of funds, which shall not constitute a Force Majeure Event.

"Crypto Asset" means a digital currency in which transactions are verified and the relevant records thereof are maintained by a decentralized system utilizing blockchain technology, and only exceptionally by a centralized authority, and which generally are not considered financial instruments.

"ESDT.Tech" represents the entity Cryoflame Design SRL, headquartered in Jac, no. 294, Salaj county, registered under no. J31/166/2018 as the owner and administrator of the Platform.

"Applicable Law" means any law, statute, regulation, code, ordinance, norm, court decision, order, decree of Romania or any other normative or administrative act of Romania or any other decision adopted by a public authority or any other requirement or recommendation issued by a public authority or any interpretation or application of the above by a public authority, provided that any of the aforementioned have a mandatory effect by themselves.

"Partners" third-party individuals or legal entities, which can be identified and by pseudonym, the official name of the respective entity, company, logo or other similar data, whose services and/or products are in any way presented, made known to Users or at least indicated through the Platform.

"Platform" or "Website" means the technical infrastructure managed by ESDT.Tech and available at the following address: https://www.esdt.tech/.

"Services" any information, utilities, or functionalities provided to Users through the Platform (e.g., publishing news and specialized articles related to the Web 3.0 domain, presenting the type of services offered by ESDT.Tech).

"Supplementary Terms" refer to all additional rules, terms, and conditions displayed either on the Platform or on third-party platforms, which may indicate, clarify, and accurately determine the conditions for the use of other products and/or services than the Services described in these terms.

"User" includes any person who uses the Services or simply visits the Platform.

4. General Provisions

Please note that all information displayed or otherwise available on the Platform is not intended to represent any form of investment advice, encourage involvement in any financial activity, risk, or business, recommend investing money, income, or assets, nor to participate in any financial or other strategy.

The Platform's sole purpose is to provide information, and you should avoid making any financial decisions based on the data displayed therein or on any interpretation you may make based on this data.

ESDT.Tech strongly recommends conducting your own research and seeking professional advice or guidance before making any decision based on the information provided on the Platform or in news, articles, or other forms of information provided herein.

It is the responsibility of all Users to understand and assume the risks associated with the use of any Crypto Assets, including non-fungible tokens (also known as NFTs) or other forms of assets or values ​​related to blockchain infrastructure.

Please consider that the value of any Crypto Asset on the open market can fluctuate by +/- 100% every second, relative to the purchase price or reference to any previous value.

5. ESDT.Tech Services

The information provided in our news is obtained from public sources and may be subject to errors or inaccuracies. We do not guarantee the accuracy, completeness, or timeliness of the published information and do not assume any responsibility for the consequences of its use.

The specialty articles published on our platform represent the opinions and perspectives of the authors and do not always reflect the views or policies of the Platform and/or ESDT.Tech. Users are encouraged to form their own opinions and seek professional advice before making decisions based on the information provided.

Please note that the information and descriptions of consulting services presented on this website are for informational purposes only and are provided in good faith, without constituting a direct offer or a firm commitment to automatically provide these Services in the absence of a contractual agreement.

To effectively benefit from our consulting services, it is necessary to enter into a separate contract with ESDT.Tech. Such a contract will clearly establish the objectives, terms and conditions, as well as the obligations and responsibilities assumed by both parties in connection with the provision of consulting services or other services.

Any reference to Partners does not imply any reciprocal guarantee between us and these Partners or between us and these Partners regarding the services and/or products offered by each. Please note that Partners are third parties, with whom ESDT.Tech may or may not be in contractual relationships, in the past or in the future, without promising that the services and/or products they offer would be adequate, satisfactory, provided on time and in full, based on the quality-price ratio anticipated by Users or fulfilling any other condition in this regard.

The promotion of Partners should not be confused with the (our) Services or any services and/or products offered by them, and ESDT.Tech assumes no responsibility for Users' misinterpretations. Additionally, the publication of Partners by announcing offers, results, awards, reputation, reputation, information provided by them, or by any other means available on the Platform does not constitute an approval, validation, or recommendation by the Partners of the Services, unless clearly stated otherwise by them and without exceeding the limits referred to in such statements.

6. Platform Operating Duration

At times, it will be necessary to suspend or withdraw the Platform for an indefinite period.

We do not guarantee that the Platform, as well as any of its content, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Platform for commercial and operational reasons. We will attempt to notify you with reasonable notice of any suspension or withdrawal, if possible.

To avoid any misunderstanding, by using the Platform and our Services, you acknowledge that there may be situations where you will be unable to use them, even to take any action related to our Services.

You also have the responsibility to ensure that all persons who access our Platform through your internet connection or equipment are aware of these Terms of Use and any other applicable terms and conditions, and fully comply with them.

7. Intellectual Property Rights

Subject to compliance with the above Terms, ESDT.Tech grants any User a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license ONLY to access the Platform and, if applicable, to use the Services through your computer or devices compatible with internet use for personal/internal purposes without royalties. You are prohibited from using the Services for resale or commercial purposes, including operations on behalf of other individuals or entities. All such actions are expressly prohibited and constitute a material breach of these Terms. The right to dispose of the content, format, function, and access rights regarding the Services should be stipulated at our discretion. We reserve all rights not expressly granted under these Terms. Therefore, the User is hereby prohibited from using our Services in any way not expressly authorized by these Terms.

To avoid any misunderstanding:

- these Terms grant a limited license to access and use the Services. Therefore, when using our Services, you hereby acknowledge that we do not transfer to you or to any other person any ownership rights over the Services or intellectual property rights over any intellectual property held.

- the content posted, all texts, graphics, visual interface, photographs, sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, appearance, and feel, as well as the presentation of any content included in the Services or provided as part of our Services, are owned, controlled, and/or exclusively licensed by ESDT.Tech or its members, licensors, or affiliates.

ESDT.Tech owns any comments, suggestions, ideas, or other information or materials (hereinafter collectively referred to as "Feedback") about the Services that you provide through any means of communication. By this, you transfer to us all rights, ownership, and interests in the Feedback and all intellectual property rights thereto. You have no rights and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modification based on any Feedback.

8. Restrictions

During the use of our Services, you firmly affirm that at any time:

- you fully comply with the requirements of the Applicable Law and regulations, as well as these Terms;

- you will not infringe upon the rights of other individuals, public interests, general morality, or legitimate interests of others, including any actions that could interfere, disrupt, negatively affect, or prohibit others from using the Services;

- you will not attempt to identify any vulnerability of the Platform/Services (including third-party integration) or violate any security or authentication measures.

You expressly authorize us to take any action to identify and investigate any breach of these Terms and unilaterally decide whether you have violated any provision thereof and to take actions (without your prior consent or notification), such as, but not limited to:

- blocking and closing ongoing activities;

- reporting the incident to competent authorities;

- disclosing alleged violations and the measures taken;

- deleting any information you have posted that is deemed to be violations.

It is strictly prohibited to engage in any action and/or activity that:

- is prohibited by our Terms or may directly or indirectly violate their provisions;

- is related to illegal activities or aims to cause harm to another person, regardless of how this purpose is achieved or accomplished.

However, we do not undertake, and nothing in this document should be construed as implying any obligation to enforce such revisions beyond the mandatory requirements of the Applicable Law.

9. Indemnification

You agree to indemnify and hold us, our affiliates, contractors, licensors, and their respective directors, officers, employees, and agents harmless from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys' fees, fines, or penalties imposed by any regulatory authority) arising out of or related to (i) your use or conduct in connection with the Services, (ii) your breach of these Terms, or (iii) your violation of any applicable laws, regulations, or rights of any third party while using the Services.

In such cases, we shall have the right, at our sole discretion, to control any action or proceeding and to determine whether we wish to settle and, if so, on what terms.

10. Warranties and Disclaimers

PLEASE NOTE THAT THE INFORMATION PROVIDED ON THE PLATFORM OR AS PART OF THE SERVICES SHALL NOT BE AND CANNOT BE INTERPRETED IN ANY WAY AS A SOLICITATION OR OFFER OF FINANCIAL PRODUCTS, INCLUDING BUT NOT LIMITED TO CENTRAL SECURITIES DEPOSITORIES, REGULATED FINANCIAL ADVICE, PORTFOLIO MANAGEMENT, ETC.

Specifically, the information provided on the Platform or as part of the Services is not intended and cannot be interpreted in any way as a solicitation or offer to:

  • buy, sell, or otherwise trade any financial instruments;

  • access any investment services and activities or ancillary services;

  • execute orders on your behalf and/or trade on your account and/or receive and transmit orders relating to any asset requiring authorization;

  • invest any funds in the capital market or other regulated markets;

  • participate in any collective investment schemes, units in collective investment undertakings, investment funds, alternative investment funds, as well as purchase units or shares in any such funds or undertakings;

  • consulting or assistance in investment, financial, tax, legislative, political, social issues;

  • advising or assisting with regulated deposits, including structured deposits, as well as any pensions, insurance, or exchange-traded funds; consultancy, consultancy or assistance carried out under professional title;

  • investment portfolio management services, the custody or administration of financial instruments, any capital funds, stocks, or units in collective investment undertakings;

  • providing specific services of central securities depositories, market operator, or trading venue services;

  • professional services regarding risk tolerance and specific investment objectives, characteristics, or specific investment needs, nor regarding the costs and benefits implied in relation to financial instruments;

  • entrusting your funds to an investment firm or otherwise holding your funds for investment purposes, nor protecting any funds, securities, or financial instruments of yours;

  • acting as a professional financial adviser, nor as an intermediary of such advisers or any registered financial institution, as an investment fund manager, alternative investment fund manager, or professional investor;

  • buying, selling, or otherwise trading any expressly regulated financial products, either within the meaning of the corresponding term or within the meaning of Regulation (EU) 2020/852 or any similar legislative act. At the same time, we do not believe that the services are intended to be provided or would be provided if they were considered to fall, directly or indirectly, into any of the above categories. Regardless of whether you access the platform or any of its services, you agree that you fully understand and assume that the Services are provided on the basis of the fundamental right to freedom of expression and association, to inspire and provide some information or to gather a community of ideas, not to provide regulated investment advice.

By accessing the Platform and accepting these Terms, you expressly acknowledge understanding that no content of the Platform, either alone or in combination with any other information, is intended and cannot be interpreted as an offer of investment advice or as representing any other form of regulated financial service.

SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED OR EXPRESS PROMISES OR WARRANTIES REGARDING THE SERVICES.

WE, ALONG WITH ANY AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES, CONTRACTORS, AGENTS, ADMINISTRATORS, COLLABORATORS, LICENSORS, AND DISTRIBUTORS, ARE NOT RESPONSIBLE FOR USERS' DECISIONS TO ENGAGE IN ANY FORM OF INVESTMENT OR TRANSACTIONS INVOLVING VARIOUS CRYPTOASSETS, NFTS, OR EVEN FINANCIAL INSTRUMENTS, NOR FOR ANY LOSS ARISING IN THIS CONTEXT. ESDT.Tech IS EXEMPT FROM LIABILITY FOR SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES THROUGH THE PLATFORM. USERS AGREE, UNDERSTAND, AND ACCEPT THAT ACCESSING AND USING THESE SERVICES ARE SUBJECT TO THE SPECIFIC TERMS AND CONDITIONS ESTABLISHED BY EACH THIRD PARTY INDIVIDUALLY.

ESDT.Tech ASSUMES NO RESPONSIBILITY FOR THE QUALITY, SUITABILITY, OR LEGALITY OF THE SERVICES AND/OR INFORMATION OFFERED BY THIRD PARTIES, NOR FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM THEIR USE. USERS ARE ADVISED TO CAREFULLY REVIEW THE TERMS AND CONDITIONS OF SERVICES OFFERED BY THIRD PARTIES BEFORE AVAILING THEM AND TO EXCLUSIVELY ASSUME THE ASSOCIATED RISKS.

ANY REFERENCES TO THE NOTION OF "ANALYSIS" OR TO ANY OTHER SIMILAR TERMS SET FORTH WITHIN THE PLATFORM ARE NOT INTENDED AND CANNOT BE INTERPRETED AS REFERRING TO ANY KIND OF FINANCIAL SERVICES INDICES, MEASURES, OR OBJECTIVES, WITHIN THE MEANING OF FINANCIAL SERVICES LEGISLATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.

Users must always exercise a high degree of caution, assess their own risks, and seek professional advice and/or assistance whenever they identify a potential loss of any assets they hold.

Any data regarding crypto assets or other markets presented as a feature of the platform should originate from third-party websites or other sources of similar information (such as coinmarketcap.com), for which we shall not be liable in any way, and accordingly, you must comply with the relevant additional terms.

If you have any reason to disagree with any of the statements and/or warranties mentioned above, please do not hesitate to notify us immediately using the contact information provided in Section 14 below.

11. Liability

To the fullest extent permitted by Applicable Law, you agree and understand that we shall not be liable for: any indirect, special, incidental, consequential, triple or other multiple damages, exemplary or punitive damages arising out of or in connection with these Terms or your use of the Services.

We and our affiliate entities shall not be held liable for any losses suffered by Users (collectively referred to as "Losses") arising out of or in connection with these Terms or your use or access to the Services, including but not limited to:

(i) downloading or sharing of information, including personal information, during your use of our Services;

(ii) services provided by third parties in connection with the Services;

(iii) your relationships with or participation in the promotional campaigns of third parties found during your use of our Services.

We shall not be liable for damages caused by other persons, unlawful or illegal actions of third parties, or an act of force majeure. The limitations and exclusions in these Terms shall apply whether or not we were or should have been aware of the possibility of any losses arising.

To the fullest extent permitted by law and except as otherwise provided in these Terms, we are not liable in connection with any dispute arising out of or relating to these provisions.

12. We reserve the right to modify the Terms of Use

We may modify, add, or remove parts of these Terms of Use at any time and at our sole discretion. Each time you wish to use our Website, please check these Terms to ensure that you understand the version that applies at that time.

We will announce such changes by simply updating the Terms on our Platform and by changing the [Last Updated] date displayed on this page. All modifications or changes to these Terms shall become effective as of the date of publication on the Platform or communication to Users.

It is your responsibility to review the modified Terms. By continuing to use the Services following any modifications to the Terms, you agree and consent to the changes, and acknowledge that all subsequent activities by you will be subject to the modified Terms.

If you have any questions about or concerning the information contained in these Terms, please do not hesitate to contact us directly.

13. We may assign this contract to another person

The transfer of rights and obligations arising from these Terms and/or from the use of the Platform is subject to our prior written consent.

You expressly agree that we may unilaterally transfer all rights and obligations that may arise from these Terms without your consent.

14. How to File a Complaint

If you wish to make complaints regarding content uploaded by other Users, please contact us at contact@esdt.tech. You will receive a reply with instructions on how to proceed to complete the complaint resolution process.

15. Security

You must not abuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful materials. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website. You must not attack our website via any form of attack. By breaching this provision, you would commit a criminal offense under the regulations governing the Platform's activity. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity. In the event of such a breach, your right to use our website will cease immediately.

16. Applicable Law

The Applicable Law (laws applicable in Romania) shall apply to all elements of the legal relationship existing between us and Users, and any other person or entity, as the case may be.

17. Severability

To the fullest extent permitted by Applicable Law, any term or provision that is deemed null or unenforceable in these Terms shall not affect the validity or enforceability of the remaining terms and provisions, or the validity or enforceability of the null or unenforceable term or provision in any other situation. To the fullest extent permitted by Applicable Law, you and we, acting in good faith, shall acknowledge the nullity or unenforceability of the respective term or provision and shall replace it with a valid or enforceable term or provision that most accurately reflects the economic and legal purpose of the null or unenforceable term or provision.

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