Terms and Conditions of Metavest App

Last updated [05.07.2022]

These Terms govern

- the use of the Metavest App (“Application”), and,

- any other related agreement or legal relationship between you, as the user of Application (“User” or “You”), and Metavest Limited (“Metavest”)

in a legally binding way.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Metavest and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store/Google Play Store or other third party application stores, Apple Inc./Google LLC and other application stores and/or smart device operators may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, sub-contracting or partnership between the involved parties.

This Application is provided by:

Metavest Limited, Trinity Chambers, ROAD TOWN, TORTOLA British Virgin Islands

Contact email: hello@metavest.app

"This Application" refers to

- this Application, metavest.app website, including its subdomains and any other website through which Metavest makes its Service available;

- applications for mobile, tablet and other smart device systems;

- the Application Program Interfaces (API);

- the Service (as defined and exhibited under Section 7 below);

- any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:

TERMS OF USE

Unless otherwise specified herein or within the Application, this Terms of Use shall the general terms and conditions herein shall be applicable to all business relations between Metavest and User, in particular for transactions and business relationships with/on the Application.

By using this Application, Users confirm to meet the following requirements:

- There are no legal restrictions for Users in terms of being Consumers or Business Users;

- Users must have the capacity to accept this Terms of Use, be recognized as adult by applicable law and also be over age 18, without being subject to any conservatorship, restriction or whatsoever;

- Users aren’t located in the United States of America nor in a country that is subject to a U.S. Office of Foreign Assets Control sanctions;

- Users aren’t listed on any list of prohibited or restricted parties, including but not limited to the lists published by the United Nations institutions, governments of the U.S., the United Kingdom etc or the European Union institutions.

1. Account registration

To use the Service Users must register or create a User account, providing all required data or information and documents in a complete and truthful manner. Metavest reserves its right to determine and amend time to time the required data or information and documents for registration.

Failure to do so will cause unavailability of the Service. Metavest may require different data or information and documents for User based on the risk profile the User candidate possesses, such as but without limitation source of funds, past transactions etc.

Users also agree to provide to Metavest on an ongoing basis, with any additional information Metavest requests for the purposes of identity verification and the detection of money laundering, terrorism financing, fraud, or any other financial crime. Users hereby permit Metavest to retain a record of such information and documents and authorise Metavest to make any enquiries, directly or through third parties that Metavest shall be entitled to engage by its sole discretion, to verify User’s identity and check whether the User has been involved in any sanction list or criminal activity such as fraud or other financial crime, and to take any action we reasonably deem necessary based on the results of such inquiries. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application. Users are also required to adopt and apply the highest standards of other security measures, such as but not limited to using 2FA or OTP mechanisms all the time and connecting to the network from a secure and private access point.

By registering, Users agree to be fully responsible for all activities that occur under their account. Users are required to immediately and unambiguously inform Metavest via the contact details indicated in this document or otherwise provided in the Application, if they think their personal information, including but not limited to User accounts, access credentials or other personal data, including data stored or processed by third parties, have been violated, unduly accessed to, disclosed or stolen.

1.1 Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

- Accounts registered by bots or any other automated methods are not permitted.

- Each User must register only one account.

- A User account may not be shared with other persons.

Metavest reserves its right to suspend your Access use the Services or terminate your account if Metavest, by its own discretion,suspects that the person logged into your account is not you or becomes aware of or suspect that there has been any breach of security, loss, theft or unauthorised use of your user credentials and security passwords.
Users acknowledge that, in order to access the Application, User must have the necessary equipment (such as a computer or smartphone) and access to the Internet. You are responsible for your own hardware used to access to the Application and are solely liable for the integrity and proper storage of any data associated with the Application that is stored on your own hardware. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except Metavest is required by applicable law, it is your responsibility to back-up or maintain duplicate copies of any information concerning your account and the Services. Metavest shall not be deemed liable, in any case, (i) in the event that User hardware fails, is damaged or destroyed or any records or data stored on User hardware are corrupted or lost for any reason; (ii) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect User’s device, or any phishing, spoofing, or other attack; or (iii) for Users’ use of the Internet to connect to the Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced, even if the enlisted cases caused financial loss to the User by any delay, failure or incorrectness within the User’s actions performed while using the Services.

1.2 Account suspension and deletion

Metavest reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms or any applicable laws, regulations or administrative acts, decisions and policies.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

2. Content on this Application

Unless where otherwise specified or clearly, all content, including but not limited to visuals, graphics, designs, icons, trademarks, models, modules, flows, smart contracts and other elements subject to intellectual or industrial property available on this Application is owned or provided by Metavest or its licensors.

Metavest is the rightful owner and maintains and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Application and service provided therein.

In particular, but without limitation, Users may not copy, duplicate, adapt, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Metavest are correctly implemented.

User, hereby agrees that they shall grant Metavest a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive and worldwide license to use, duplicate, modify, adapt, create derivative works of, display, perform, disseminate, publish, broadcast or distribute in any form or medium of any content that may be provided by them as a result of usage of the Application.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

3. Access to external resources

Through this Application Users may have access to external resources provided by third parties, such as, but without limitation, blockchain transaction logs, smart contracts and de-fi protocols. Users acknowledge and accept that Metavest has no control over such resources,links, programs, software etc., even though they are hosted, published, broadcasted, represented or provided in any means on the Application, and is therefore not responsible from such external resources.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

4. Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights, including but not limited to tax laws, financial regulations, anti-money laundering and counter terrorism financing laws.

Therefore, Metavest reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct or suspicious activity performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

4.1 Conduct restrictions

- pretending to fulfill any possible condition or requirements for accessing this Application and/or using the Services, such as for instance being adult according to law;

- concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;

- Using the Application or using the Services by disguising real identity or impersonating a real or fictitious third party;

- defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of Metavest and others in any other way;

- promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm or resulting in crime. This includes but is not limited to trade of illegal drugs, or other restricted goods.

- probing, scanning or testing the vulnerability of this Application, including the services or any network connected to the website, nor breaching the security or authentication measures on or attacking to this Application, including the services or any network connected to this Application;

- installing, embedding, uploading or otherwise incorporating any malware into or via this Application;

- using this Application or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes) or abusing the technical failures, bugs or whatsoever faults of the Application;

- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on this Application or the Service;

- instigating other Users to complete a transaction started on this Application outside of this Application in order to save any applicable service fees;

- Declaring any incorrect information to Metavest;

- providing false, out-dated or decontextualised information about Metavest or the Services at online or offline media; ;

- violating trademark, patent, copyright or any IP rights owned, licensed or used by Metavest;

- uploading any document or file that contains viruses, malwares or any other harmful programs,

- engaging illegal activities including but not limited to, gambling, prostitution, money laundering, financing of terrorism.

4.2 Excessive use of the Service

- using a resource of this Application excessively in relation to other Users of this Application – in such cases, Metavest, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

4.3 Excessive use of the API

- sending abusive or excessively frequent requests to the Service via the API. Metavest shall have the sole discretion to determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User;

4.4 Scraping

- adopting any automated process to extract, harvest or scrape information, data and/or content from this Application and all the digital properties thereto related unless where explicitly allowed to do so by Metavest;

4.5 Content restrictions

- disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;

- publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;

- disseminating or publishing any content that is false or may create unjustified alarm;

- using this Application to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;

- using this Application to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;

- publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Application or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;

4.6 User protection

- misappropriating any account in use by another User;

- harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on this Application or by any other means;

- using any information relating to other Users, including personal or contact data, for purposes other than those this Application is intended for;

4.7 Commercial use restrictions

- registering or using this Application in order to promote, sell or advertise products or services of any kind in any way;

- indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Application or that this Application has endorsed the User, the User’s products or services or any third party's products and services for any purpose;

Metavest is also entitled to deactivate and terminate User accounts, if a competent court, public prosecutor, law enforcement agency, execution office, debt collection agency, etc. requests such action.

Metavest is entitled to automatically deduct User funds and prevent User’s access to the Services, in case a request for asset freeze, seizure, attachment or whatsoever is received from a competent court, public prosecutor, law enforcement agency, execution office, debt collection agency, etc.

Metavest is entitled to share User information such as but not limited to personal information, account balance and history, trade history, and login information with competent courts, public prosecutors, law enforcement agencies, execution offices, debt collection agencies, tax departments etc. upon request.

5. Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by Metavest and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, Metavest merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code, nor to modify, reverse engineer, duplicate, frame, scrape, rent, lease, loan, sell, distribute, compile, represent, disseminate, transmit, mirror or create derivative works based on the Application or Services, in whole or in part. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is Metavest’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

Metavest reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using this Application and/or its related software.

The User may download, install, use and run the software on unlimited devices.

However, it may not be permitted to run the software on more than one device at a time.

6. API usage terms

Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, in addition, by the following specific terms:

- The User expressly understands and agrees that Metavest bears and cannot bear any responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the APIs developed, offered, disseminated, derived and provided in any means by third parties or their use of any third-party products/services that access data through the API.

- Further, User acknowledges and agree that User shall indemnify Metavest from, any liability arising from the actions or inactions of such third party software, API or whatsoever in connection with the permissions you grant.

- The User acknowledges and agrees that Metavest shall be entitled to set limits on the number of API calls that User can make, for any purpose. User acknowledges and agrees that if you exceed these limits, Metavest may moderate your activity or cease offering you access to any APIs, each in its sole discretion. Metavest shall be entitled to immediately suspend or terminate your access to the APIs without notice if Metavest believes You are in violation of these Terms of Use or any other agreement which may be in place between You and Metavest, or between You and the third party software/API provider or of any applicable laws.

7. Services

7.1 Deposit & Withdrawal

Each User are entitled to deposit and withdraw digital assets which the Application permits and within blockchains the Application possesses sufficient integration with.

Metavest shall be entitled to unilaterally determine, by its own sole discretion, minimum or maximum thresholds, limits per time for deposits and withdrawals; to determine blockchains to have integration with the Application, to apply KYC, AML and CTF checks such as requesting source of funds information and documents, or destination wallet owner information for permitting such transactions; temporarily suspend deposits or withdrawals when it is deemed necessary for the security of the Application, Metavest, Users and their funds. Metavest reserves the right to blacklist certain addresses and freeze associated Assets (temporarily or permanently) that it determines, in its sole discretion, are associated with unlawfuls activity or activity that otherwise violates these Terms of Use or the applicable laws. In the event that User withdraws Digital Assets to a blacklisted address or receive Digital Assets from a blacklisted address, Metavest shall be entitled to freeze such or other available assets and funds under the User’s account, suspend or terminate your account, and report such deposit or withdrawal, among other suspicious activity reporting requirements, to the competent financial crimes authorities.

Unless otherwise specified, User must pay fees for withdrawals and safekeeping of digital assets, as provided in the Fee scheme within the Application, which shall be deemed a component of these Terms. Metavest shall be entitled to automatically deduct such fee from the withdrawn amount in advance or the digital asset funds maintained under deposit.

User acknowledges that Metavest shall not and cannot be liable for delays, interruptions and any failures that can happen within digital asset deposits and withdrawals, since such transactions are realized through different blockchain networks, which are governed and validated by centralized or decentralized third parties and Metavest cannot have any control over.

7.2 Buy, Sell and Swap

Within the Application, Metavest offers buying, selling and swapping of digital assets. Subject to the provisions of these Terms, each User is entitled to place orders for buying, selling and swapping of the digital assets within the pairs offered in the Application. Metavest shall have the exclusive discretion to determine the digital assets to list and the pairs to provide within the Application. Unless they are cancelled before being executed, User orders are final and binding, which means that if a counter order of buying or selling of a digital asset meets with an already placed order, both of the orders are executed and the trade transaction will be irrevocably executed.

There might be different order types offered for digital asset trading. Each offer type, such as but without limitation “market”, “limit”, have different rules and features, which are explained within the Application. Metavest advises User to read instructions about each different order type before buying, selling or swapping digital assets. Such rules and instructions about different trading orders shall be deemed a component of these Terms.

Metavest does not guarantee execution or acceptance of User orders. Trading results may differ from those expected, based on market conditions. Metavest is not responsible for before-mentioned market conditions.

Metavest shall be entitled to unilaterally determine, by its own sole discretion, minimum or maximum thresholds, limits for trading transactions.

Unless otherwise specified, User must pay fees for all and any trading transaction, as provided in the fee scheme within the Application, which shall be deemed a component of these Terms. Metavest shall be entitled to automatically deduct such fee from the User’s funds deposited within the Application in any digital currency it determines to.

7.3 Earning

Within the Application, Metavest offers Earning service for Users to earn digital asset yields, subject to certain conditions.

In principle, within Earning service, User shall lock digital assets owned by them for a certain period, which Metavest decides by its own discretion, and shall not withdraw such digital assets before the pre-determined period. Following the completion of the locking period, Metavest will pay the committed percentage yield to the User. Each Earning service option shall be subject to specific terms on start and ending dates of the period, estimated yield to be entitled at the end of the period and minimum and maximum locking amounts of digital assets, offered respectively, which Metavest decides and can change time to time by its own discretion. For avoidance of doubt, changes on Earning options shall not affect Earning option in effect that the User has entered into and acted compliant with.

If the User prefers to cancel the Earning option and withdraws the locked digital assets in advance of the end of the period, User agrees he/she shall only receive the initial amount locked into the Earning option.

7.4 Protocols

Within the Application, Metavest might offer link or access to decentralized finance protocols developed under smart contract technology. Without limitation, such protocols might offer periodical yields in or future ownerships of digital assets in consideration for actions such as, but not limited to, staking, pooling, lending, collateralizing etc.

Services User can benefit from such protocol shall be subject to terms provided specifically for such protocols, features, commitments, instructions and specifications published by the owner of such protocols. In the event Metavest does not own any protocol, but merely provides access, link, etc. to such, User must agree and acknowledge that Metavest does not and cannot have any control over them, and shall not be deemed liable for any failure, default, delay or whatsoever case.

User agrees that provision of third party protocols shall not be construed as a financial advice, investment advice, promotion, advertising, hosting or whatsoever, it is merely providing access link to such third party services, which User shall use at their own will and expense.

8. Fees

By using the Services, Users agree and undertake to pay the Service fees, as exhibited in the Fees page.

Metavest shall be entitled to collect and receivables from You, either a Service Fee or any other receivable within or outside the scope of these Terms of Use, through withholding the amount deposited to your Application Account. Ideally, Metavest will collect Fees for each respective Service, as explained under the Fees page. If, however, User does not possess sufficient funds of the currency to be used for the fee collection under the Fees page terms, then Metavest shall be entitled to collect its receivables from available User fiat or digital asset funds deposited in the Application by automatically withholding them without prior notice. If Metavest collects its debts from the User by automatic withholding of digital asset funds for a fiat currency (including stablecoins) or another digit asset currency receivable, or withholding of a fiat currency (including stablecoins) for another fiat currency (including stablecoins) or digit asset currency receivable, Metavest will apply the reasonable market price parity available at the time of deduction, if the debt is in a fiat currency or another digital asset unit.

9. The right of withdrawal does not apply any Service provided on or through this Application.

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over this Application due to the nature of digital assets, such as them having volatile prices.

10. ​​Indemnification

To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless Metavest, Metavest affiliate entities, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Metavest Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, User information or Digital Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user or MetaMask and other wallet companies. Metavest may withhold relevant indemnification amount it decides by its own discretion from the wallets assigned to Your User account subject to the procedure provided under second paragraph of Section 8 of these Terms of Use. You agree to promptly notify Metavest of any third-party Claims and cooperate with the Metavest Parties in defending such Claims. You further agree that the Metavest Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND METAVEST.

11. Disclaimers

Except as expressly provided to the contrary in a writing by Metavest, the service, content contained therein, and Digital Assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Metavest (and its suppliers) make no warranty that the service: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Metavest disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the service, content contained therein. Metavest does not represent or warrant that content on the service is accurate, complete, reliable, current or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the service. While Metavest attempts to make your access to and use of the service and content safe, Metavest cannot and does not represent or warrant that the service, content, any Digital Assets listed on our service or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.

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 Digital Assets, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorised access to applications; (e) any unauthorised third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the service or Digital Assets.

Digital assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the relevant blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralised ledger within the relevant blockchain. We do not guarantee that Metavest or any Metavest party can affect the transfer of title or right in any Digital Assets.

Metavest is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Digital Assets. Metavest is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Digital Assets including forks, technical node issues or any other issues having fund losses as a result.

Neither means of usage or offering of the Services and the Application is not and shall not be accepted as an investment or financial advice, recommendation, consultation, brokerage, agency or fiduciary relationship from Metavest to the User. You use the Services with your own risk and will be solely responsible for the outcomes of usage of the Services. By using the Services, You agree and declare that You have sufficient knowledge and experience on digital asset markets. Metavest offering third party Protocols, as stipulated under Section 7(d), shall not be construed as promotion, advertising or advice, but merely granting embedded access to such third-party content.

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

Some jurisdictions do not allow the exclusion of implied warranties in agreements with consumers, so the above exclusion may not apply to you.

12. Assumption of Risk

You accept and acknowledge:

- The prices of Digital Assets are extremely volatile. Fluctuations, including extreme depreciation, in the price of other Digital Assets could materially and adversely affect the Digital Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Digital Assets will not lose money.

- You are solely responsible for determining what, if any, taxes apply to your Digital Assets transactions. Neither Metavest nor any other Metavest party is responsible for determining the taxes that apply to Digital Assets transactions.

- Our Service does not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Digital Assets occurs within the supporting blockchain and not on this Service.

- There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that Metavest will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Digital Assets, however caused.

- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Digital Assets.

- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Application and the utility of Digital Assets.

- The Service may rely on third-party platforms such as but not limited to MetaMask and other digital asset wallet service providers, smart contracts or protocols etc. to perform the transactions through the Application or transfer of Digital Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms 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.

- There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Metavest reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Metavest. Under no circumstances shall the inability to view your assets on Metavest serve as grounds for a claim against Metavest.

- There are risks associated with cyber theft and internet vulnerability. The underlying software application and software platform, the smart contract system(s), other involved software, other technology components and/or platforms of Metavest may be exposed to electronic or physical attacks that could result in the theft or loss of Digital Assets, or the theft or loss of private data, impacting the use the Services. You should always be aware that SMS/messages and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Metavest. You should always log into your Metavest account through the Metavest App to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. You should note that phishing attacks often occur despite SMS or email or equivalent services, via search engines or ads in search engines, or other fraudulent links. Metavest does not take any responsibility for lost Digital Asset or any other funds due to spoofing, phishing or other equivalent attacks.

13. Limitation of Liability

To the fullest extent permitted by law, in no event will Metavest be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the service, products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Metavest has been advised of the possibility of such damages. Access to, and use of, the services, products or third-party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Metavest arising out of or in any way related to these terms, the access to and use of the service, content, Digital Assets, or any products or services purchased on the service exceed the greater of (a) $50 or (b) the amount received by Metavest from the sale of Digital Assets that are the subject of the claim.

The foregoing limitations of liability shall not apply to liability of Metavest for (a) death or personal injury caused by a member of Metavest’s negligence; or for (b) any injury caused by a member of Metavest’s fraud or fraudulent misrepresentation.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

14. Modifications to the Service

Metavest reserves the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue at any time and without liability therefore.

Metavest reserves the right to amend these Terms of Use in our sole discretion. Any changes shall become effective, and shall be deemed accepted by you, the first time you use the Application after the initial posting of the revised Terms of Use and shall apply on a going-forward basis with respect to transactions initiated after the posting date. It is User’s responsibility to check the Terms of Use periodically for changes. If You do not accept any amendments to these Terms of Use, Your sole and exclusive remedy is to terminate your use of the Application and the Services and close your User account. You agree that Metavest shall not be liable to You or any third party for any losses suffered as a result of any amendment of these Terms of Use.

Metavest reserves the right to amend these Terms of Service without any prior notification, when the amendment is done as a result of any new or amended legislation, regulation, administrative act or decision, state policy change, or orders or requests from courts, prosecutors, law enforcement agencies or relevant administrative or governmental authorities.

15. Governing Law and Venue

These Terms, your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the Republic of Turkey, without regard to conflict of law rules or other jurisdiction) that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Disputes arising usage of the Application, the Services and these Terms of Use shall be resolved exclusively before the Istanbul Anadolu Courts and Execution Offices.

16. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service 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, to the fullest extent permitted by applicable law.

17. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms 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.

18. Miscellaneous

These Terms constitute the entire agreement between you and Metavest relating to your access to and use of the Application. Metavest’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.