Terms of Service

Last updated: 2024/09/12

14.1. The Denode Platform is accessible to Clients globally, subject to the restrictions and exclusions set forth in this section.

14.2. The Service Provider does not accept Clients who are:

U.S. persons (as defined by applicable U.S. laws and regulations);

Residents or citizens of sanctioned countries, including but not limited to Cuba, Iran, Iraq, Libya, North Korea, Russia, Somalia, Sudan, Syria and Venezuela; or

Subject to sanctions by the United Nations, European Union, United States, United Kingdom, or any other applicable regulatory authority.

14.3. The Service Provider reserves the right to deny or restrict access to any Client, including, but not limited to:

Clients who employ proxy servers to obscure their location; and/or

Clients whose IP addresses indicate residence in excluded jurisdictions.

14.4. The Client hereby represents and warrants that:

Neither the Client, nor any organization on whose behalf the Client is acting, has been designated as a Specially Designated National, Blocked Person, or similar designation by any applicable sanctions authority.

The Client does not reside in, is not organized under the laws of, and is not a national or resident of any country or territory that is subject to comprehensive country-wide or territory-wide sanctions.

The Client is not employed by or acting as an agent of any government, government-controlled entity, or government corporation subject to sanctions.

14.5. The Client acknowledges that their eligibility to access and use the Denode Platform may change based on modifications to applicable laws, regulations, or sanctions regimes.

14.6. The Client agrees to immediately notify the Service Provider of any change in circumstances that may affect their eligibility to use the Denode Platform or their compliance with this section.

14.7. The Service Provider shall conduct necessary due diligence to ensure compliance with applicable laws, regulations, and sanctions regimes.

14.8. In the event of any suspected violation of this section, the Service Provider may, in its sole discretion:

Suspend or terminate the Client's access to the Denode Platform;

Report the suspected violation to relevant authorities; and/or

Take any other action deemed necessary to ensure compliance with applicable laws and regulations.

14.9. The Client agrees to indemnify and hold harmless the Service Provider from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to any breach of the representations and warranties contained in this section.

14.10. While the Denode Platform is intended for global use, the Service Provider does not represent or warrant that the Denode Platform is appropriate or available for use in any particular jurisdiction. Clients who access the Denode Platform do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations.

14.11. The Service Provider reserves the right to update the list of excluded jurisdictions or persons at any time, in compliance with evolving global sanctions and regulations. Clients are advised to regularly check for updates to these Terms of Service.

15. THIRD PARTY SERVICE PROVIDERS

16. LIABILITY

17. LIMITATION OF LIABILITY

18. NO PROFESSIONAL ADVICE PROVIDED

19. RISK DISCLOSURE

20. ACCOUNT RESTRICTIONS, SUSPENSION, AND TERMINATION

21. DISPOSITION OF ASSETS IN CLOSED ACCOUNTS

22. REGULATIONS FOR PLATFORM OPERATIONAL DIFFICULTIES AND CESSATION OF OPERATIONS

23. COMPLIANCE WITH LAWS AND REGULATIONS

24. INTELLECTUAL PROPERTY RIGHTS

25. CONFIDENTIALITY

26. INDEMNIFICATION