Terms of Service

Last updated: 2024/09/12

17.1. To the fullest extent permitted by applicable law, the Service Provider, its affiliates, employees, directors, officers, shareholders, or representatives (collectively, "Service Provider Parties") shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages resulting from:

The use or inability to use the Denode Platform;

Loss of profits, goodwill, use, data, or other intangible losses;

Unauthorized access to, use of, or alteration of the Client's account or information;

Statements or conduct of any third party on the Denode Platform;

The Client's misunderstanding or misuse of Denode services;

Any interruption, cessation, or delay in the operation of the Denode Platform;

Any viruses, malware, or other malicious software transmitted through the Denode Platform;

Any errors, inaccuracies, or omissions in the content or information provided on the Denode Platform; or

Any other matter relating to the Denode Platform or its services that are not directly attributable to gross negligence or intentional misconduct by the Service Provider's representatives or employees.

17.2. In no event will the Service Provider Parties be liable for any damages or losses of any kind whatsoever, including but not limited to consequential, special, punitive, incidental, exemplary, or other indirect damages, or loss of income, revenue, business, profits, data, or other economic loss resulting to the Client or any third party, directly or indirectly, from any use of the Denode Platform, its services, or content, or any defect, error, omission, interruption, or malfunction thereof, even if the Service Provider has been advised of the possibility of such damages.

17.3. Notwithstanding anything to the contrary contained herein, except as may be required by applicable securities law, virtual assets law or other mandatory laws, the maximum aggregate liability of the Service Provider Parties to the Client for any damages or losses, regardless of the cause of action, arising out of or relating to the Client's use of the Denode Platform or the services provided by the Service Provider, shall not exceed the greater of a) The amount paid by the Client, if any, for access to or use of the Denode Platform or any services provided in connection therewith during the twelve (12) months immediately preceding the event giving rise to the claim; or b) One hundred dollars (US$100.00).

17.4. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to the Client. However, in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

17.5. The limitations of liability set forth in this section form an essential basis of the bargain between the Client and the Service Provider and shall apply notwithstanding any failure of essential purpose of any limited remedy.

17.6. Any cause of action or claim the Client may have arising out of or relating to these Terms of Service or the Denode Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

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

27. LINKED SITES

28. CONSENT TO RECEIVE EMAILS AND CORRESPONDENCES

29. GOVERNING LAW