Anzens Inc. Website Terms of Service and Terms of use
THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 22 OF THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, AND SECTION 23 LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.
ANZENS TERMS OF USE
Effective Date: October 15th ,2024
Revised on: March 5th 2025
1. Acceptance.
These ANZENS Terms of Use are entered into by and between you (acting in your personal capacity or capacity as an employee or other representative of your company or other entity, if applicable) (“you”) and ANZENS INC., a Delaware corporation having a place of business at 1318 Ridgetree Trails Court, Wildwood, MO 63021, USA (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of our website, mobile applications, and Anzens’s virtual platform Anzens, including any content, functionality, and services offered on or through our website or Anzens, available at www. anzens.com (the “Website”). Please read this Agreement carefully before you start to use the Website. By using the Website or by clicking to accept or agree to this Agreement, you accept and agree to be bound by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Website. You acknowledge that this Agreement contains legally binding terms and conditions that affect your legal rights and remedies.
Please note "Anzens may share your personal information with third-party service providers, such , who will process your data in accordance with their own privacy policies."
2. Changes to These Terms.
We reserve the right to change this Terms of Service and Terms of Use at any time upon notice. We may give notice by posting the updated Terms of Service and Terms of Use on the Website, by providing notice to the contact information you have provided to us, or by any other reasonable means. You can review the most current version of this Terms of Service and Terms of Use at any time at https://www.anzens.com/ter ms The version of the Agreement in effect at the time of your use of the Website applies. The updated Agreement is binding on you with respect to your use of the Website on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Website. Your continued use of the Website after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
3. Accessing the Website.
We reserve the right to withdraw or amend the Website in our sole discretion without notice. We will not be liable, if for any reason, all or any part of the Website is unavailable at any time. From time to time, we may restrict access to the Website to certain users. To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on or in connection with the Website is correct, current, and complete. You hereby consent to all actions we take, consistent with this Agreement, with respect to all information you provide to or in connection with the Website, including through the use of any interactive features on the Website (collectively, “User Submissions”). We may disable any username, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement or if you have failed any requirements necessary to obtain a BitGoPrime account. By accessing or using the Website, you confirm that you have received notice of the Privacy Policy and that you understand and acknowledge that your personal information may be collected, shared, and otherwise processed in accordance with the Privacy Policy.
4. Use of Information Provided by You.
You acknowledge, represent and agree that any User Submission is submitted voluntarily and is not confidential or proprietary, and that your User Submission does not establish a relationship between you and us. You hereby grant the Company and its sublicensees a worldwide, royalty-free, non- exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Submissions, except as otherwise prohibited by applicable law or this Agreement. You waive any right to compensation of any type for your User Submissions. You represent and warrant that you either own all User Submissions or otherwise have all the rights necessary to grant the rights in this Agreement and that use of User Submissions by us does not violate any law. You may not upload to, distribute, or otherwise publish through or in connection with the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law.
5. Intellectual Property Rights.
The Website (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of those things), and associated know-how, are owned by Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Website IP”). The Company retains all right, title, and interest in and to the Website IP. This Agreement contains no implied licenses. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of our Website without our prior written consent.
6. Permitted Uses.
You represent and warrant that (a) you are at least 18 years of age; (b) you have full power and authority to enter into this Agreement; (c) you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States; (d) you have not been placed on the U.S. Department of Commerce’s Denied Persons List; (e) you are not identified as a “Specially Designated National” by the U.S. government; (f) you are not subject to any trade embargoes or economic sanctions lists, such as the United Nations Security Council Sanctions List, or the list of specially designated nationals maintained by the Office of Foreign Assets Control; and (g) you will not access the Website if you have previously been prohibited from doing so or if any laws prohibit you from doing so. We do not intend for the Website to be used by persons or entities in countries or jurisdictions that require us to obtain any additional registration or license. If you are in such a country or jurisdiction, you are not authorized to and agree that you will not use the Website. You may use the Website only for lawful purposes and in accordance with this Agreement. You understand and accept that we are not liable for any losses or liability relating to your eligibility or ineligibility to access or use our Website.
7. Prohibited Uses.
You agree not to (a) use the Website in any way that violates any applicable law, including federal, state, local, or international law or regulation; (b) use the Website for any unauthorized, fraudulent, or malicious purpose; (c) engage in any other conduct that restricts or inhibits anyone"s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; (d) use the Website in any manner that could disable, overburden, damage, or impair the Website; (e) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (f) access systems, data or information not intended by us to be made accessible to a user; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (h) use the Website for any use other than the purpose for which it was intended. For example, you will not use the Website in connection with money laundering or the financing of terrorism. You further understand and agree that we strictly prohibit unfair trading practices. We reserve the right to restrict your access to our Website if you perform or we suspect you are in beach of this Agreement, including if you are performing any of the following actions (1) price manipulation or any other market manipulation; (2) harming the Website or other users of the Website; or (3) violating or attempt to violate another user’s legal rights. We reserve the right to contact and cooperate with relevant legal or regulatory authorities regarding your behavior if we deem that to be necessary in our sole discretion. Additionally, we reserve the right to block certain wallet addresses that we determine to be associated with illegal activity or activity that otherwise violates this Agreement (“Blocked Addresses”). In the event that you send digital assets to a Blocked Address, or receive digital assets from a Blocked Address, we may freeze such digital assets and terminate your access to the Website. We may also freeze digital assets or surrender associated currency held in segregated accounts in the event we receive a legal order from a valid government authority requiring the Company to do so. You understand and agree that we shall not be liable for any losses that you may incur as a result of any of the aforementioned.
8. BitGo Prime Account.
You understand and agree that in order to use and access certain portions of the Website, you must open an account with BitGo Prime LLC, a Delaware limited liability company ("BitGo Prime"). For BitGo Prime’s Terms of Use (“BitGo Terms”), please refer to this link : As between you and Company, you are responsible for all activities and events relating to your BitGo Prime account. We have no responsibility or liability with respect to your use of BitGo Prime’s services or your BitGo Prime account, including any responsibility or liability in connection with any breach of the BitGo Prime Terms. Any remedies or recovery in connection with the BitGo Prime Terms will be from BitGo Prime. By opening an account on the Website, you confirm that you have agreed to the BitGo Prime Terms. You agree that the Company may engage subcontractors and other third parties to perform services in connection with opening your account and other services under this Agreement. You understand that your account with us on the Website is not a bank, deposit, or custodial account. You acknowledge that our Website merely provides a service through which you interact with your BitGo Prime account, and BitGo Prime is responsible for all final onboarding (including procedures commonly known as “KYC” and “AML”) and execution of transactions involving digital assets.
9. Stablecoins.
In connection with your BitGo Prime account, our Website may permit you to exchange certain currency in exchange for a stablecoin referred to as USDA (“USDA”). Any USDA you receive is subject to the risks set forth in this Agreement, including in Section 17 (Risk Disclosure). Despite being backed by cash, cash equivalents, and U.S. Treasury Bills of different durations (collectively, “Reserves”), USDA is not money, fiat currency, or legal tender. Your use of USDA is at your discretion, and we are not responsible for your use of USDA, any actions you take with USDA, or any products or services you receive in return for any USDA.
10. Minting and Burning.
In connection with your BitGo Prime account, the Website may permit you to fund your account with U.S. dollars or other cryptocurrency (“Deposits”). You represent and warrant that you have all rights necessary to make such Deposits and to execute all transactions involving your Deposits you initiate through the Website. You represent that no part of the Deposits are the result of any criminal or illegal activity. To the extent your Deposits include cryptocurrency, you acknowledge that converting such Deposits to USDA (which may be referred as a “swap” on our Website) may involve multiple conversions and that each such conversion carries its own and independent risks and fees. By minting or burning USDA, or executing any other transactions on our Website, you hereby agree to the exchange rates or conversion ratios, and any fees and costs, set forth on our Website. Once you submit or confirm any transaction on our Website (involving your Deposits, USDA, or otherwise) the terms and parameters of such transactions are final and non-cancellable by you. You acknowledge that blockchain technology is generally immutable and cannot be reversed. However, if we suspect fraudulent or malicious activity, any activity that violates this Agreement, or that any transaction will not be completed successfully (including because of a failure of any blockchain or third party technology), we may cancel or reverse any transactions, to the extent feasible, at our sole discretion.
11. Third-Party Interactions
In certain circumstances, you may be required to interact with third-party service providers, to complete specific transactions, such as withdrawals to foreign bank accounts. By interacting with these third-party providers, you agree to be bound by their respective terms and conditions. It is your responsibility to review and accept these terms before proceeding.
12. Withdrawals
Withdrawal Process
To initiate a withdrawal, please follow the steps outlined on our platform. You will need to provide the necessary information, including your withdrawal address.
Withdrawal Fees:
- Network Fees: Please note that network fees, which are charged by the blockchain network, may apply to your withdrawal transaction. These fees are outside of our control and can vary based on network congestion.
Withdrawal Time:
- Processing Time: We aim to process withdrawal requests promptly. However, processing times may vary depending on network conditions and security protocols.
- Network Confirmation Time: Once your withdrawal is processed, the actual time it takes for the funds to reach your wallet will depend on the confirmation time of the blockchain network.
Security Measures:
We prioritize the security of your funds. To protect against unauthorized withdrawals, we implement robust security measures, including:
- Two-Factor Authentication (2FA): We strongly recommend enabling 2FA for added security.
- Whitelisting Addresses: You may have the option to whitelist specific withdrawal addresses to enhance security.
Withdrawals for Foreign Entities
Foreign entities withdrawing funds from the platform are subject to the following conditions:
- Minimum Withdrawal Limit: Withdrawals to foreign bank accounts must meet a minimum threshold of $100,000 USD.
- Third-Party Processing: Withdrawals to foreign bank accounts will be processed through a third-party financial services provider, Encryptus.
13. Ledger.
Information on the Website is the definitive record of transactions and balances. If you believe such information contains any errors, please notify us immediately of such error, along with any additional information concerning the error. If we do not hear from you within three days after a transaction has taken place on the Website, such transaction, related fees and balances will be deemed accepted by you and will no longer be subject to challenge.
14. External Wallet.
You are responsible for keeping, protecting and safeguarding any private keys or mnemonic phrases relating to external digital asset wallet(s) you use on the Website (“External Wallet”). You acknowledge and agree we are not responsible for any losses arising out of the unauthorized use of your External Wallet or any compensation or other liabilities for the losses. You shall ensure you provide the right address of your External Wallet to the Website. We are not liable for any losses resulting from your fault or error, including but not limited to failing to act in accordance with the transaction prompts, not conducting timely transactions, transferring digital assets to an incorrect third party blockchain or incorrect address, forgetting or leakage of passwords, private keys or cracked passwords, your computer being invaded or hacked by others, or entering the wrong address to transfer or receive digital assets. You understand and agree that if you authorize any third party or third party platform to use the private key information of your External Wallet, the third party or third party platform will know your External Wallet information (including without limitation, information relating to your assets, transactions, operating authority for trading). You are solely responsible for any losses caused by your authorization of any third party or third party platform to use your private key information, and any losses you incur by the third party or third party platform using your private key information. You understand and agree that when you redeem or access your digital assets, the time it actually takes for you to receive the digital assets into your External Wallet may vary, and the digital assets received and displayed on your External Wallet shall be final. We are not liable for any losses as a result of any of the forementioned.
15. Service Fees.
During the course of accessing the Website, you may incur various fees including but not limited to gas fees, banking fees, custody fees, Automated Clearing House (ACH) fees, wire payment fees, and third party partner fees. There may also be third party protocol fees, including but not limited to fees related to transfer of digital assets, non-fungible tokens (NFTs) or other digital collectibles. You are solely responsible for paying any and all of these fees that may arise. We reserve the right to charge service fees for providing our services to you. The service fees may be a flat fee or a percentage of your transaction amount. The services fees we charge, if any, will be displayed prior to you making any transaction. If any commissions, fees, or costs are not clear to you, you must request clarification of what fees will be applicable before entering into any transaction. By entering into any transaction on the Website, you hereby accept any such commissions, fees, or costs.
a. To mint USDA, a minimum fee of $5 USD or its equivalent in cryptocurrency (currently 4ADA and subject to change) will apply.
b. A burning fee of $2.50 USD will apply for burning USDA.
c. Deposit Minimum is 1000 USD, and no fee will apply.
d. There is no minimum amount required for withdrawal
e. For US Domestic Wire, a Fee $30 will apply. For International Wire, a Fee $70 will apply
16. Blockchain Malfunctions.
You understand and agree that we shall not be liable for any losses if any blockchain(s) malfunction, or if you are unable to use the Website or cannot make commands or perform related operations or transactions due to external circumstances, such as (a) any blockchain being suspended, discontinued, or terminated; (b) any service suspension due to maintenance; (c) any system failure to transmit data; (d) force majeure event(s) that lead to the suspension of any blockchain; (e) any blockchain service interruption or delay arising from hacking, computer viruses, technical adjustments or failure, website upgrades, banking issues, temporary closures arising from legal or government regulations; (f) any blockchain service interruption or delay caused by computer systems being damaged, defective, or unable to normally perform; (g) technical problems that cannot be predicted or solved by existing technology in the industry; (h) the fault or delay of any third party; or (i) changes in laws, regulations or government orders. You understand and agree that the aforementioned reasons may lead to abnormal transactions or market interruptions. We may refuse to execute your commands in connection with any such events. You understand and agree that we shall not be liable for any losses arising from or related to any of the aforementioned circumstances.
17. Reliance on Information Posted.
We do not warrant the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Nothing on this Website constitutes (a) advice or a recommendation of any kind (legal, financial or otherwise), or (b) an indication of results that may be achieved. Please consult with professional advisors in connection with your use of the Website. The content on this Website is updated frequently, including based on interaction with users of the Website, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. This Agreement and the Website do not constitute an offer to sell or solicitation of an offer to buy securities.
18. Links and Blockchain Access from the Website.
You understand and agree that you may access and use certain blockchains while accessing the Website. We are not liable for any and all losses caused by your use of or access to any blockchains or blockchain platforms. We are not liable for any losses incurred as a result of contract vulnerabilities; hacking incidents; suspension, discontinuation, or termination of business; bankruptcy; abnormal suspension; or cessation of third party blockchain operations or other potential risks. Furthermore, you agree to bear any and all losses you may suffer as a result of the aforementioned risks. You understand and agree that any digital assets that may be stored on your External Wallet may be permanently lost. If the Website contains links to other sites or resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any such third-party sites or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
19. Risk Disclosure.
The use of our Website involves risks, including in connection with digital assets trading. Below is a non-exhaustive list of some of the risks, which can be substantial and significant. You should therefore carefully consider whether accessing our Website is suitable for you in light of your financial condition prior to commencing your use. You must also seek professional advice regarding your particular financial condition prior to commencing your use of our Website.You understand that:
- Value Fluctuation and Price Volatility. The value of digital assets may fluctuate significantly over a short period of time and may be reduced to zero. Price volatility and unpredictable fluctuations may result in significant losses over a short period of time or permanently due to various factors, including but not limited to, government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, changes to the digital asset’s nature or characteristics, suspension or cessation of support for a digital asset by other exchanges or service providers, public opinion, or other factors outside our control, technical advancements, and macroeconomic and political factors.
- Digital Assets Are Not Legal Tender. Digital assets are not considered legal tender. Not all digital assets are backed by any physical assets or supported by any government or centralized authority. Digital assets may not have intrinsic value and their circulation may be limited and restricted.
- High-Risk and Complex Nature. Digital assets are generally considered a high-risk asset class and may be considered securities under certain jurisdictions. You must exercise prudent judgment when trading digital assets. The nature of digital assets may be very complex, and their terms, features or risks may not be readily or fully understood due to the complex structure, novelty, and reliance on technological features.
- Trading Digital Assets. There is no assurance that any trading market for digital assets will be orderly and stable. Any digital asset or trading position may be subject to large swings in value and may even become worthless.
- Liquidity and Conversion Risks. There is a risk that you may experience losses due to the inability to sell or convert digital assets into a preferred alternative asset immediately or where conversion is possible but at a loss. Such risk for digital assets may be caused by many reasons, including the absence of buyers, limited buy/sell activity or underdeveloped secondary markets.
- No Statutory or Regulatory Protection. Any digital asset transactions may not be subject to a right to claim under any investor compensation fund established by any government or regulatory authority or any deposit protection scheme in any relevant jurisdiction. Thus, digital assets may have a reduced level and type of protection compared to fiat currencies, securities, and other asset classes and types.
- Uncertain Future Payment Acceptance. There is no assurance that any individual or person who accepts a digital asset as payment will continue to do so in the future.
- Government or Regulatory Authority Interference. You may suffer losses as a result of value depreciation of a digital asset you paid as a result of controls imposed by a government or regulatory authority. Repayment or payment of any amounts due to you may be delayed or even prevented by controls or other actions imposed by government or regulatory authorities over digital assets and/or their ecosystem that these authorities control or regulate.
- Inflation Risks. Digital assets may, either because of their inherent design or through network events, not be a fixed supply. If and when additional digital assets are created, the particular digital asset’s price may decline due to inflationary effects of adding additional digital assets to the total available amount of assets in the market.
- Whales and Concentration Risk. At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular digital asset. These persons are often referred to colloquially as “whales.” These whales may have significant impact and may be able to influence or cause significant market events that may have a detrimental effect on price, value or functionality of digital assets.
- Taxes and Accounting. Some digital assets and transactions may be subject to various tax laws and regulations in an applicable jurisdiction. Please note that the tax treatment and accounting of digital assets (including ancillary benefits) is a relatively new area of law and practice that may be subject to changes and further development. Tax authorities may reach out to us with queries, notices, requests or summons that we may be required to furnish certain information about.
- Credit Risk. The risk of loss due to the default or insolvency of counterparties, such as custodians or exchanges."
- Stablecoin Risks. USDA is intended to be backed by the Reserves at all times. While we do not anticipate any risk to the Reserves, we rely on third parties to execute certain transactions to fund redemptions. It is possible that your attempt to redeem USDA for fiat currency could be delayed or unsuccessful due to transaction delays, technical failures, third-party credit risks, unanticipated fluctuation in U.S. Treasury Bills, and/or cyber-crimes and theft. USDA is not fiat currency. Your USDA and its Reserves are not insured by the Federal Deposit Insurance Corporation or any other party. While USDA is intended to be fully backed by the Reserves, it is not as safe as fiat currency held in a traditional financial institution and you should not purchase USDA unless you are willing to take the risk of losing all of your fiat or digital assets for which you purchased USDA. Additionally, the Reserves held may be subject to the risk of loss, theft, insolvency, and governmental and regulatory freezes and seizures.
The rates displayed on this platform are sourced from independent sources such as CoinGecko and CoinMarketCap, Please note that these rates are subject to change and may not reflect real-time market conditions.
Cyber Security and Technology-Related Risks.
Trading digital assets involves various risks. You understand that (a) digital assets may be subject to forks or attacks on the security, integrity or operation of the networks; (b) malicious persons or individuals may target you and attempt to steal any digital assets you may hold or claim any digital asset that you may have purchased; and (c) once a transaction has been verified and recorded on a blockchain, generally the involved digital assets, even if lost or stolen, will not be returned, and the transaction will not be reversible. You acknowledge that digital assets rely on various types of blockchain or distributed ledger technology. This technology is an open-source software that is built upon blockchain, which is still considered a novel and experimental technology. There are many risks that arise from this reliance, including but not limited to: existing technical flaws in the technology, malicious targets, consensus-based attacks, changes in the protocol or algorithms, changes in community support, rapid or extreme fluctuations in value of relevant digital assets, the existence or development of competing networks, platforms, and assets, flaws or vulnerabilities in coding languages, disputes between developers, or users, and regulatory action.
The risks associated with stablecoins are significant, and investors should carefully consider their own risk tolerance and financial situation before investing. Past performance is not indicative of future results.
Please note that this is not an exhaustive list of risks, and there may be other risks that are not explicitly stated here. It is important to conduct your own research and due diligence before making any investment decisions.
20. Wallet Choice
You are solely responsible for selecting and using a suitable digital wallet to interact with our platform. The choice of wallet, including any MPC wallets or other third-party wallets, is at your discretion. We do not endorse or recommend any specific wallet provider.
Please note that the compatibility and functionality of different wallets may vary, and it is your responsibility to ensure that your chosen wallet is compatible with our platform and meets your security needs.
21. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. ANY AND ALL DIGITAL ASSETS THAT ARE PURCHASED, TRANSFERRED, OR EXCHANGED THROUGH THE WEBSITE ARE ON AN “AS IS” BASIS. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND REGARDING THE DIGITAL ASSETS.
22. Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, “ANZENS PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THIS AGREEMENT OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, 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. THE AGGREGATE LIABILITY OF THE ANZENS PARTIES TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES WILL NOT EXCEED $100 U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES OR LIABILITY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT, UNDER APPLICABLE LAW, BE EXCLUDED.
If you are a California resident, you hereby waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his settlement with the debtor or released party.” This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to §1542 that governs your rights in the jurisdiction of your residence.
23. Indemnification.
You will defend, indemnify, and hold harmless the Anzens Parties from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys" fees) arising out of or relating to (a) your violation of this Agreement; (b) your use of the Website; (c) any User Submission made by you, including with respect to violations of any other party’s rights, such as intellectual property or other proprietary rights, and laws related to privacy or information security; or (d) your violation of any other party’s rights or applicable law.
24. Arbitration and Governing Law.
YOU WILL SUBMIT ANY DISPUTES ARISING FROM THIS AGREEMENT OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON- PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION, APPLYING DELAWARE LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN DELAWARE. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS-ACTION BASIS. FURTHERMORE, UNLESS YOU AND COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions.
25. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
26. Your Security and Our Commitment to Compliance
Anzens is dedicated to providing a secure and trustworthy platform. We adhere to global standards, including but not limited to those set by the Office of Foregin Assets and Control (OFAC) and Financial Actions Task Force, to prevent illegal activities like money laundering and terrorist financing. Here’s how we protect our community:
- Know Your Customer (KYC):
- We need to verify your identity. You"ll be asked for information to ensure responsible platform use.
- You must confirm you are not a "Prohibited Person" and are not acting on behalf of one.
- Ongoing Verification:
- We may request additional information at any time to ensure compliance with global regulations.
- This may involve verifying tax statuses, or confirming relationships to certain entities.
- You agree to provide this information promptly.
- Transaction Monitoring:
- We actively monitor transactions for suspicious activity.
- We report suspicious activity to regulatory authorities, including Financial Crimes Enforcement Network (FinCEN), OFAC, and international regulators.
- Risk Management and Enforcement:
- We may block or limit access if:
- You"re involved in illegal activities.
- You"re from a sanctioned country or a high-risk jurisdiction identified by FATF.
- You don"t provide requested information.
- We detect high-risk activity.
- We may conduct enhanced due diligence for higher-risk users.
- We may suspend or terminate accounts that violate our terms or applicable laws.
- We may block or limit access if:
- User Cooperation:
- Your prompt and complete cooperation is essential.
- Failure to provide requested information may result in limitations or termination of your access.
In essence, we are committed to maintaining a secure and compliant platform by adhering to global standards and regulations, including those set by OFAC and FATF. Your cooperation is vital to achieving this goal.
27.General.
If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and the Company intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, you and the Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. The Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement or assign, transfer, or sublicense your rights, if any, to access or use the Website or its content, and any attempt by you to do so is void. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in a written document signed by the Company. This Agreement (including any incorporated terms) constitutes the entire agreement between you and the Company with respect to the Website and its contents. Both you and the Company warrant to each other that, in entering into this Agreement, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in this Agreement. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and the Company, or the Company’s successors and assigns, will have any right to enforce any of this Agreement. Neither this Agreement nor the Website create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
28. No Advice.
Anzens does not provide investment, legal, tax, or other professional advice. All information on our platform is for informational purposes only. You should not rely on this information to make financial or legal decisions. We strongly recommend seeking independent professional advice. Anzens does not have any fiduciary duties to you, and our responsibilities are limited to those expressly stated in these terms.