INTRODUCTION AND APPLICABILITY
Upon acceptance of this Agreement by you, either by acceptance, acknowledgment and/or receipt of any Services, a legally binding agreement is formed between you and blunded (hereinafter jointly: the “Parties”), of which agreement this Agreement forms an integral part. No other agreement(s) or general terms and conditions other than this Agreement are applicable to the legal relationship that exists between the Parties and that is governed by this Agreement. The applicability of any such other agreement(s) or general terms and conditions is hereby explicitly excluded and waived.
1.1 The following definitions which are defined as follows in this Agreement apply in the singular form as well as in the plural form of these definitions:
App: the mobile blunded app that you can use as a web app and/or download on your smart devices such as iOS- and Android-based smartphones.
blunded: we, acting through our legal entity, as defined in the header of this Agreement. Parties: you and blunded jointly.
Services: the API, interface and associated services that blunded provides via the Website and the App enabling you and other Users to trade cryptocurrency and other cryptographic tokens via decentralized exchanges (DEXs), redirected through aggregators, such as ParaSwap and OpenOcean.
User(s): you, and other users of the Services like you.
Website: https://blunded.com/, https://blunded.nl/ and all related extensions to said URLs.
2. ACCESS TO THE SERVICES
2.1 The Services can only be used and must exclusively be accessed via the Website or the App. Any other use or (circumvented) access of the Services is strictly forbidden. Therefore, in order to use the Services, you must connect your personal wallet on the Website or via the App.
2.2 It is your own responsibility and for your own risk to keep your personal wallet secure and protect your personal wallet’s cryptographic keys and/or login details when using a third-party wallet or account. We assume that all actions taken from your personal wallet are done by you or under your supervision.
2.3 Your personal wallet can be disconnected by you from the Website or the App at any time. Any such disconnection will result in the seizure of the Services. Therefore, you must take note of any outstanding or incomplete transactions that are related to the Services and act cautiously before you disconnect your personal wallet, in order to prevent any losses or damages as a result of the disconnection. For safety and security reasons, we strongly recommend Users to disconnect after every session.
2.4 blunded may implement a KYC (know your customer) and/or AML (anti money laundering) procedure and accompanying checks applied by blunded and/or a third party designated thereto by blunded in the future. You hereby agree in advance to the applicability of any such procedure and accompanying checks. This will result in blunded formally requesting you to complete said KYC and/or AML procedure(s) in order to be allowed to use the Services. blunded will inform you thereof in due time and grant you the opportunity to complete said procedure(s). However, should you fail to successfully complete said procedure(s) – which is to be determined at the sole discretion of blunded and/or a third party designated by blunded – blunded is legally entitled to exclude you from using the Services.
3. THE SERVICES
3.1 blunded will provide the Services to you in exchange for payment of a fee, which fee will be included in the trading transaction(s) that take(s) place.
3.2 The Services and the Website are made available by blunded to you on an “as is” and “as available” basis without the provision of any warranty or guarantee of any kind. blunded does not accept any responsibility whatsoever for the (un)availability of the Services, the Website and/or the App which is out of its (sphere of) control, or any difficulty or inability to download or access content thereon, or any other communication system failure which may result in the Services, the Website and/or the App being unavailable.
3.3 blunded will use reasonable and commercially feasible best efforts to make and keep the Services available and limit downtime. Since the Services are based on and (thus) dependent on (a) third party’s platform(s) blunded does not guarantee that the Services will be available at any given time or that they will not be subject to (unexpected) outages or downtime. The User acknowledges that the Services are provided over the internet, mobile networks and in connection with external blockchain networks and therefore the quality and availability of the Services may be affected by factors outside of blunded’s reasonable control.
3.4 blunded is entitled to subcontract (the delivery of) the Services and/or (the execution of) this Agreement to any of its affiliates and/or third parties.
3.5 blunded itself does not and cannot, not via the Services nor via any other action or means, related to (the execution of) this Agreement or otherwise, provide any crypto (exchange) services which can or may result in the exchange of fiat currency for a cryptocurrency or (other) cryptographic token or vice versa. blunded is therefore not and will never be a party to any (exchange) transactions or agreements which may be entered into or ensue from Users using the Services. blunded will only collect a fee from you over the transaction(s) that take(s) place. All arrangements and/or agreement(s) with regard to the transaction(s) will at all times be
concluded and entered into between the relevant User(s) and the third party via which the (exchange) transaction(s) will take place. blunded does not and will never take custody or make decisions on behalf of the User that will influence Users’ cryptocurrencies and/or cryptographic tokens at any stage.
3.6 You realize that using the Services does not grant you any rights and/or does not obligate blunded to (do) anything, except for the actions expressed in this Agreement. More specifically and for the avoidance of doubt: using the Services does not give you the right and/or does not obligate blunded to enter into any further agreement(s) whatsoever and/or to obtain any (ownership) rights with respect to blunded in any form whatsoever.
4. USE OF THE SERVICES
4.1 You hereby agree, confirm and warrant to blunded that you will use and interact with the Services via the Website or the App:\’
- only if you are over 18 (eighteen) years old;
- at your own risk and expense;
- exclusively for yourself and not (also) for and/or on behalf of anybody else;
- exclusively via and/or by connecting your personal wallet on the Website or via the App. You are only allowed to use your personal wallet, the contents of which are strictlypersonal and (therefore) not to be shared and/or used by anyone else;
- in an orderly manner and according to the standards of reasonableness and fairness as well as in a legal and non-fraudulent manner. More specifically: you will only use and/or interact with the Services via the Website or the App. You will not circumvent the Website or the App and also not use the Services via screen-scraping and/or via any other irregular and/or fraudulent way;
- whilst realising and understanding that blockchain (technology), cryptocurrencies, cryptographic tokens and interactions and/or services related thereto are a relatively new and largely unregulated form of technology and interaction. This technology has not been proven to be without error and is definitely not hack-free, whilst being subjected to many different scams and/or fraudulent schemes. As a result of this, the use of and interaction with blockchain (technology), cryptocurrencies, cryptographic tokens and services related thereto is, inherently, (very) risky;
- whilst realising and understanding that blunded has no (in)direct connection with, control or influence whatsoever over the cryptocurrencies and/or cryptographic tokens and related project(s) that you may obtain and/or interact with via the Services, therefore blunded cannot and does not verify or check the legality and (technical) feasibility of said cryptocurrencies, cryptographic tokens and related project(s);
- only if you are legally permitted thereto under the laws and regulations applicable to you and applicable to this Agreement to do so;
- in a manner that is not in breach of any third party’s rights and/or other obligations, however named, does not conflict with the applicable standards of reasonableness and fairness, nor in a way that is contrary to public order or morality; and
- only if you are not a citizen of, not residing in, not established in and/or do not have your (registered) address in Afghanistan, Albania, Barbados, Belarus, Burkina Faso, Cambodia, Canada, Cayman Islands, China, Democratic People’s Republic of Korea (DPRK, North-Korea), Democratic Republic of Congo, Gibraltar, Haiti, Iran, Jamaica, Jordan, Mali, Morocco, Mozambique, Myanmar, Nicaragua, Nigeria, Pakistan, Panama, the Philippines, Russia, Senegal, South Africa, Syria, Tanzania, Turkey, Trinidad and Tobago, Uganda, United Arab Emirates (UAE), United States of America (USA), Vanuatu, Yemen and/or Zimbabwe.
4.2 In addition to the foregoing confirmations and warranties, the User is aware of the risks of trading and/or investing in cryptocurrencies and/or cryptographic tokens and takes full and sole responsibility for these risks. Investments in blockchain related projects, cryptocurrencies and/or cryptographic tokens, as well as related ventures, are speculative and involve high degrees of risk. The majority of investments in these markets are not profitable. The User is aware that it is possible to lose all or a substantial amount of his/her investment. There is a risk involved if you hold assets on a cryptocurrency exchange.
4.3 In the event that you breach any of the aforementioned confirmations and/or warranties, and/or any other clause stipulated in this Agreement, blunded is legally entitled, without giving you prior notice thereof, to seize the provision of the Services and exclude you from further using the Services.
5. PRIVACY AND EXTERNAL SERVICES AND WEBSITES
5.2 The Website and the App facilitate and provide links to external web pages, such as those of the third party (exchange) service providers facilitating the exchange of fiat currency for a cryptocurrency or (other) cryptographic token and vice versa, social media web pages and advertisements. blunded is not responsible or liable to you for the use or the content of these external websites that link to or from the Website and/or the App and any adverse consequences thereof. We therefore emphasize and stress to you that it is very important to carefully read and assess the terms and conditions of the relevant external party before engaging with that party and before you use their product(s), and that you comply and act on accordance with the (general) terms and conditions of said party at all times.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Unless otherwise indicated, blunded is the exclusive owner of all rights related to and/or derived from (your use of) the Services, the Website and the App, including copyrights and other intellectual property rights. Nothing in (the execution of) this Agreement shall be construed as granting any rights under any patent, copyright and/or other intellectual property right of blunded.
7. EXCLUSION OF LIABILITY AND INDEMNIFICATION
7.1 blunded, its directors, employees and/or any other (third) party involved with (the provision of) the Services, (the creation of) the Website and the App, as well as with the execution of this Agreement, are not and cannot be held liable by you for any damage, however named, explicitly including (but not limited to) indirect and consequential damages, resulting from (the use of) the Services, the Website and/or the App. blunded, its directors, employees and/or any other (third) party involved with (the provision of) the Services, (the creation of) the Website and the App, as well as with the execution of this Agreement, are also not liable for any for any damage, however named, resulting from third party (exchange) services used for (the provision of) the Services, hacks, soft- and/or hardware malfunctioning, (hardware) system down times, blockchain down times and/or any other soft- and/or hardware related malfunctioning that affects (the functioning of) the Services, the Website and/or the App.
7.2 blunded, its directors, employees and/or any other (third) party involved with (the provision of) the Services, (the creation of) the Website and the App, as well as with the execution of this Agreement, are not and cannot be held liable by you for any damage, however named, explicitly including (but not limited to) indirect and consequential damages, resulting from the non- existence or loss of the value of cryptocurrencies, cryptographic tokens, related project(s) and/or any other value derived from or relating to the Services, due to, amongst other things (but not limited thereto); the loss or theft of (access to) your personal wallet (login-)credentials, exchange rate changes, (changed) market conditions, (technical) non-feasibility of the related project(s), (amended) legislation and/or (changed) points of view on the part of the regulators.
7.3 You hereby acknowledge and agree that you will indemnify blunded, its directors, its employees and/or any third party involved with (the provision of) the Services, (the creation of) the Website and the App, as well as with the execution of this Agreement against all third-party claims, including (but not limited to) claims which arise from and/or are related to third party (exchange) services used for (the provision of) the Services or from you breaching (any provision under) this Agreement, specifically including (but not limited to) the breach of you representations and warranties as stipulated in clause 4 of this Agreement.
8.1 Save for (an) agreement(s) entered into between Parties relating to (other) specific services provided by blunded, this Agreement includes all the arrangements between you and blunded relating to (the execution of) the Services and any other subject or matter governed by this Agreement and replaces all the previously written and oral arrangements made between you and blunded. No further (general) terms, conditions and/or statutory regimes are applicable to the legal relationship and/or (other) arrangements made between you and blunded in relation to the Services and/or and any other subject or matter governed by this Agreement.
8.2 blunded is legally entitled to unilaterally change this Agreement. When we change this Agreement in a significant way, we will notify the Users and post the updated terms of this Agreement on our Website and in the App. By continuing to use the Services, the Website and/or the App, you agree to the changes made in this Agreement and the applicability thereof.
8.3 The invalidity or unenforceability of any provision of or act(ion) under this Agreement shall not affect the validity or enforceability of any such provision of or act(ion) under this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
8.4 You hereby give blunded permission in advance for the transfer of its rights and obligations in relation to (the provision of) the Services, under this Agreement and all related (legal) acts to third parties, either by contract transfer (section 6:159 Dutch Civil Code), or separately (section 6:155 Dutch Civil Code). If blunded executes such a transfer, it will remain responsible to you for the fulfilment of its obligations in relation to (the provision of) the Services and under this Agreement until blunded has notified you of the transfer and the (legal) person to whom blunded has transferred its rights and obligations.
8.5 Any claims that may ensue to you from (the use of) the Services, the Website, the App and/or this Agreement cannot be transferred by you without prior written consent given thereto to you by blunded, this with effect under property law (met goederenrechtelijke werking) as defined in section 3:83(2) Dutch Civil Code.
9. APPLICABLE LAW AND JURISDICTION
9.1 The Services and this Agreement, as well as the execution thereof, and any non-contractual obligations arising out of or in connection therewith, are exclusively governed by and shall be construed only in accordance with the laws of the Netherlands.
9.2 Any disputes arising out of or in connection with the Services, the Website, the App and/or (the execution of) this Agreement, including regarding the existence or validity of this Agreement, the execution of the Services, and any non-contractual obligations arising out of or in connection with the Services, the Website, the App and/or this Agreement, are subject to the exclusive jurisdiction of the competent court of Midden-Nederland, location Utrecht, the Netherlands (Rechtbank Midden-Nederland, locatie Utrecht).
10. CONTACT US
10.1 blunded strives to give you a pleasant experience whilst using our Services. If you have a complaint, comment or suggestion, or simply a question, you can contact us at firstname.lastname@example.org. Please provide us with your contact details, and a clear description and reason of your inquiry. We strive to respond to your inquiry within 7 (seven) days.