Terms & Conditions

Moby - Terms and Conditions

Last Modification (MM/DD/YYYY): 04 / 01 / 2024

This document, known as the Terms and Conditions ("Terms"), establishes a legally binding contract between Moby ("we," "us," or "our") and you, the user ("you" or "your"), whether as an individual or representing an entity. It sets forth the conditions under which you are allowed to access and use the services and products we provide.

Included within these Terms, and any documents incorporated by reference (collectively referred to as "the Terms"), are the comprehensive conditions under which you are granted access to moby.trade ("the Website") and app.moby.trade ("the Application Interface"). By accessing or using the Website or the Application Interface, you signify your agreement to be bound by these Terms. If you find any term or condition unacceptable, you are expressly forbidden from using the Website and the Application Interface.

1. ACCESS AND USAGE OF THE SITE AND INTERFACE

The purpose of the Site is purely informational.

Moby does not hold, manage, or exert control over any cryptocurrency assets displayed on the Interface, nor do we hold, manage, or control any user’s funds. Additionally, Moby is not involved in storing, sending, or receiving cryptocurrencies. It is important for you to understand that your interactions with any smart contracts are conducted under your sole control over your cryptocurrency assets. Access to your private keys remains exclusively yours.

1.1. By accessing or using the Site or Interface, you affirm and guarantee to Moby as follows:

1.1.1. If accessing as an individual, you confirm you are of legal age in your jurisdiction and possess the legal authority to agree to and be bound by these Terms;

1.1.2. If accessing on behalf of an entity, you affirm that you have the authority to bind said entity to these Terms, where "you" will henceforth refer to that entity;

1.1.3. You assert that you are not a resident, national, or representative of any nation under sanctions or embargoes by the United States, the United Kingdom, or the European Union ("Restricted Territories");

1.1.4. You declare you are not on any sanctions lists nor subject to any economic or trade sanctions enforced by any governmental body, specifically including but not limited to the U.S. Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List ("Sanctions List Persons");

1.1.5. You pledge not to engage in transactions with any persons from Restricted Territories or Sanctions List Persons;

1.1.6. You agree not to employ VPNs, privacy tools, or any means to bypass restrictions set forth by Moby;

1.1.7. Your use of the Site and Interface does not contravene any laws or regulations applicable to you or Moby, nor does it enable or assist in illegal activities.

1.2. As a prerequisite for using the Site or the Interface, you acknowledge and consent to the following:

1.2.1. The Site and Interface may periodically become inaccessible or non-functional due to various factors, including equipment failure, maintenance, actions beyond Moby’s control, disruptions in blockchain infrastructure, or issues with third-party services;

1.2.2. Moby reserves the right to restrict or alter access to the Site in case of a breach of these Terms, including if your representations are found to be false or misleading. Moby bears no liability for any loss or damage arising from your inability to access the Site or Interface;

1.2.3. The Interface is subject to change, and third parties may modify, suspend, or discontinue access at their discretion;

1.2.4. Pricing information on the Site or Interface does not constitute an offer or recommendation for transactions;

1.2.5. Moby does not serve as a broker or advisor in any capacity;

1.2.6. You bear full responsibility for your actions on the Site or Interface, including transfers of digital assets;

1.2.7. To the maximum extent allowed by law, Moby is not bound by fiduciary duties to any party, and you renounce any such duties or liabilities that may be implied;

1.2.8. It is your responsibility to report and remit any taxes arising from your use of the Interface;

1.2.9. Moby is not liable for the conduct of transactions with third parties, including issues related to the delivery, quality, safety, legality, or completion of transactions in digital assets. You assume all risks associated with such transactions.

2. TRANSACTION FEES

It is your responsibility to cover all costs associated with transactions on specific blockchain networks. These costs encompass gas fees and any additional charges presented on the Interface at the time of your activity, including fees related to trading. Moby does not collect any fees from blockchain transactions or for the use of the Site or the Interface.

3. DISCLAIMER OF PROFESSIONAL ADVICE & FIDUCIARY RESPONSIBILITIES

The contents of this document do not serve as legal, financial, business, or tax advice. We strongly encourage you to seek guidance from professional advisor(s) prior to initiating any transactions based on the information provided. The information made available by the Site, including but not limited to blog posts, articles, third-party content links, Discord discussions, news feeds, tutorials, tweets, and videos, is solely for informational purposes and should not be interpreted as professional counsel. You should neither base any decisions nor abstain from decisions based on the information provided through the Site or any other resources we offer. Furthermore, these Terms do not create any fiduciary duties on our part towards you or any third party.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. Moby retains exclusive ownership of all intellectual property rights related to the Site and the Interface. This includes, but is not limited to, any trademarks, service marks, logos, copyrights, and any content, coding, data, or materials that you may engage with during your use of the Site or the Interface.

4.2. Any feedback, including comments, bug reports, ideas, or suggestions for improvements that you provide to Moby, can be utilized by us at our discretion. By providing such feedback, you grant Moby the freedom to use, share, or not use the feedback in any manner we choose, including the distribution of this feedback to third parties, without owing any obligation to you.

5. CHANGES, INTERRUPTIONS, AND CONCLUSION OF SERVICE

5.1. Moby maintains the right, at our absolute discretion, to alter, pause, or discontinue the Site or our subdomain access to the Interface, either in entirety or in parts, at any time and without prior notice to you, for any reason. Should your access be terminated, your authorization to utilize the Site or the Interface via our subdomain will end immediately. Nonetheless, access might still be possible through a third party, as we neither host nor possess the code. Moby will not bear responsibility for any losses you incur due to alterations, suspensions, or terminations of the Site or the Interface, or due to the termination of your access to the Site or the Interface, regardless of the reason.

5.2. Moby may update these Terms periodically. Changes will be communicated by updating the date at the top of the Terms document and by keeping a current version accessible. The latest version of the Terms will always be available on Moby. Changes take effect immediately upon posting. By continuing to access or use the Site or the Interface after these changes are posted, you accept and agree to be bound by the updated Terms.

6. ACKNOWLEDGMENT OF RISKS

6.1. Engaging with blockchain technology, smart contracts, and cryptocurrencies carries inherent risks. By utilizing the Interface, you accept these risks. Moby does not have ownership or control over the foundational software of blockchain networks. This software is open-source, allowing for its use, modification, and distribution by anyone. By engaging with the Interface, you recognize and consent to the following:

6.1.1. Moby bears no responsibility for the functioning of the open-source software and the networks that facilitate the Interface;

6.1.2. There is no assurance regarding the performance, security, or continuous availability of such software and networks;

6.1.3. The safeguarding of your private key(s) rests solely with you. Moby cannot access your private key(s); losing them means irrevocably losing access to blockchain networks, with no means for Moby or any other entity to recover or secure your digital assets. A lost private key(s) equates to an inability to transfer digital assets, rendering them valueless.

6.2. Moby is not liable for any third-party content, including any information, materials, products, or services not owned or directly controlled by Moby. Third parties may also present promotions via the Interface. Moby neither endorses nor is responsible for such external content or promotions. Engaging with such third-party resources or promotions is at your discretion and risk, and our Terms do not govern those interactions. You release Moby from all liability related to the use of third-party resources or participation in their promotions.

6.3. The evolving nature of blockchain technology poses both technological and security risks, along with uncertainties around digital assets and their transactions. You acknowledge that transaction costs on the blockchain can fluctuate, potentially affecting activities on these platforms through price volatility or increased operational costs.

6.4. Transactions facilitated by the Interface are definitive and irreversible, with no option for refunds. You accept that the use of the Interface is entirely at your risk.

6.5. Compliance with applicable laws may necessitate Moby to act upon government requests or share information potentially not in your favor.

6.6. You irrevocably renounce and release any claims, known or unknown, against Moby, its affiliates, and their respective owners, directors, officers, employees, agents, and contractors in connection with the risks outlined herein.

7. RESTRICTIONS ON USE

7.1 By utilizing the Site or the Interface, you agree to abstain from the prohibited activities listed below. This list is indicative but not exhaustive. Through your use, you affirm your commitment to refrain from engaging in the following actions:

7.1.1. Endorse or assist in any illegal endeavors, including, but not limited to, money laundering, funding terrorism, evading taxes, or the trade of illegal substances, contraband, counterfeit items, or unauthorized arms;

7.1.2. Participate in dealings involving items that breach or infringe upon Moby's or any third party's copyright, trademark, publicity rights, privacy, or any other intellectual property or proprietary rights;

7.1.3. Engage in or support unfair or abusive trading activities, such as (a) executing fraudulent schemes; (b) manipulating market orders to advantage oneself unfairly at the expense of another; (c) participating in deceitful trading; (d) conducting accommodation trading; (e) executing fictitious or non-genuine transactions; (f) entering into pre-arranged or non-competitive trades; (g) attempting to monopolize a market segment; or (h) employing automated trading programs inappropriately;

7.1.4. Distribute or disseminate viruses, worms, Trojan horses, time bombs, cancelbots, spiders, malware, or any harmful code that could compromise the Site's or Interface's functionality or operation;

7.1.5. Utilize the Site or Interface in any manner deemed, at our sole discretion, to be libelous, defamatory, obscene, explicit, inappropriate, harassing, hateful, threatening, discriminatory, instigative, fraudulent, deceptive, or in any way objectionable or designed to incite or promote hatred, racial intolerance, or violence;

7.1.6. Harass, abuse, or inflict harm on any individual or organization, including those associated with Moby;

7.1.7. Falsely represent or impersonate another user or entity or mislead about your identity or affiliation;

7.1.8. Attempt, either directly or through encouraging, inducing, or assisting others, to engage in any prohibited activities as outlined in this section or any other part of these Terms.

7.1.9. It should be noted that, notwithstanding any other provision in these Terms, Moby reserves the right to take necessary actions under extraordinary circumstances should a user engage in any prohibited behavior as outlined in Section 7. Such measures may include, but are not limited to, suspending or terminating the user's account and potentially seizing assets, at the service provider's discretion.

7.2. Access to Moby, along with any services provided therein, is expressly prohibited within the territories of the United States, the Province of Ontario in Canada, Cuba, Guam, Iran, Iraq, Japan, Panama, Syria, North Korea, and Sudan. Individuals or entities residing in or operating from these jurisdictions are not permitted to utilize Moby or its services under any circumstances

8. DISCLOSURES AND DISCLAIMERS

Moby.trade serves purely as an informational platform for the Moby Protocol, and Moby does not facilitate an exchange service nor provide 'Trading Execution and Clearing Services' for user assets. Moby does not have any influence, participation, or control over your transactions executed via the Interface. Transactions between Interface users are conducted on a peer-to-peer basis, directly between users’ blockchain addresses, utilizing an independently developed open-source smart contract.

You bear the full responsibility for adhering to all relevant laws that apply to your transactions, specifically those pertaining to Options Contracts. Due to regulations set forth under the Commodity Exchange Act and enforced by the U.S. Commodity Futures Trading Commission (CFTC), individuals or entities classified as U.S. Persons are prohibited from engaging in Options Contracts through the Interface.

Be aware that Moby is not endorsed, registered, or licensed by any regulatory body or authority, nor has any such entity assessed or approved the functionality of the Site or the Interface.

By using the Site and the Interface, you accept them "AS IS" and "AS AVAILABLE," without any form of guarantee from Moby regarding their operation or availability.

9. LIABILITY LIMITATIONS

Under no circumstances will Moby, its affiliates, its suppliers, and contractors, including the respective shareholders, members, directors, officers, employees, legal representatives, agents, and subcontractors, be held liable for any form of direct, indirect, incidental, special, punitive, consequential damages, or any similar liabilities.

This encompasses, but is not limited to, losses related to fiat currency, assets, data, information, revenue, opportunities, goodwill, profits, or other potential business or financial gains. Such liabilities may arise from your use of the Site or the Interface, or any service provided by or on behalf of Moby, irrespective of the legal theory under which liability is asserted, including contract, tort (negligence), statutory, strict liability, warranty breaches, or any other legal theory, even if Moby has been previously informed of the possibility of such damages or should have been aware of them.

This limitation of liability remains in effect regardless of the failure of any agreed upon remedy's essential purpose outlined in these Terms. Moreover, Moby bears no responsibility for the execution or completion of transactions between users of the Interface.

Moby’s total liability for any claims arising from or related to the Site or Interface, regardless of the form of action, is strictly limited to one hundred U.S. Dollars (100.00 USD).

10. OBLIGATION TO INDEMNIFY

You are required to defend, indemnify, and keep Moby, its affiliates, their respective members, managers, employees, attorneys, representatives, suppliers, and contractors safe from any claims, demands, legal actions, proceedings, investigations, liabilities, damages, losses, costs, or expenses, including but not limited to reasonable legal fees. These may arise from or relate to your

(a) use of or behavior regarding the Site or the Interface; (b) breach of these Terms; (c) improper use of the Site or the Interface, including any smart contract or script associated with them; (d) violation of any laws, regulations, codes, statutes, ordinances, or directives from governmental or quasi-governmental authorities; (e) infringement of any third party's rights, including intellectual property, publicity, confidentiality, property, or privacy rights; (f) interaction with any third-party product, service, or website; or (g) any false representation by you. Moby reserves the right to take over the defense and control of any matter for which you are required to indemnify us, at your expense. You agree to cooperate with Moby’s defense of these claims. Without Moby's prior written consent, you may not settle any claim, except for those involving solely the payment of money for which you are entirely liable, without any admission of fault on Moby’s part.

11. DISPUTE RESOLUTION & ARBITRATION AGREEMENT

Moby commits to attempting to resolve any potential disputes through informal negotiations conducted in good faith. Should you have a dispute, you are required to inform us by delivering a written notice ("Notice") of your claim through any of Moby's official communication channels. This Notice must (a) detail the nature and foundation of your claim; and (b) specify the remedy you seek. Our method of notifying you will adhere to a similar format. If an agreement to resolve the claim is not reached within sixty (60) days after sending the Notice, then both you and Moby agree to proceed with dispute resolution as outlined below.

All disputes, controversies, or claims arising from or related to the Site, the Interface, these Terms, or any other actions or failures to act for which you believe Moby is liable, including disputes about the arbitrability of any issue ("Dispute"), will be conclusively resolved through arbitration. This arbitration will occur under the auspices of the Singapore International Arbitration Centre (SIAC), implying all Disputes must be resolved through binding arbitration. The proceedings will be conducted confidentially with a single arbitrator selected in accordance with SIAC rules. The location for the arbitration will be Singapore, unless both parties agree to an alternative location. Unless mutually agreed upon, the arbitrator is not allowed to consolidate the claims of multiple parties. Any decision or award issued by the arbitrator can be entered for judgment in any court possessing jurisdiction.

You must file any claim related to these Terms, the Site, or the Interface within one year from when the claim first arose. Failure to file within this timeframe results in the claim being permanently barred, effectively eliminating your ability to pursue it.

12. APPLICABLE LAW

The interpretation, enforcement, and resolution of any disputes arising from these Terms, as well as any matters related to the use of the Site or the Interface, shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision or rule.

13. GENERAL PROVISIONS

13.1. The rights and remedies provided to Moby within these Terms are cumulative and additional to any other rights and remedies available under applicable law, or through legal or equitable means. Moby’s failure or delay to exercise any right, power, or privilege under these Terms does not imply a waiver of such right or provision.

13.2. Certain sections of these Terms will continue to apply after your access to the Site or the Interface has been terminated, for any reason, including Sections 3 through 12, as well as any other provision that, by law or its inherent nature, is intended to survive termination.

13.3. Should any part of these Terms be held invalid or unenforceable, such determination will not affect the validity or enforceability of the remaining Terms, which will continue to be in full force and effect.

13.4. Moby is not liable for delays or failures in performance resulting from acts beyond our control, including, but not limited to, natural disasters, governmental actions, wars, riots, labor disputes, communication disruptions, power failures, or equipment malfunctions.

13.5. You are prohibited from assigning or transferring your rights or obligations under these Terms, or your rights to use the Site or the Interface, without Moby's explicit prior written consent. This prohibition includes transfers by law or during a change of control.

Moby reserves the right to assign or transfer our rights and obligations under these Terms, in whole or part, at any time without notice and without your consent or approval.

13.6. These Terms constitute the full agreement between you and Moby, superseding any prior or contemporaneous agreements regarding the Site and the Interface.

13.7. In case of any inconsistency between these Terms and any other agreement you may have with Moby, these Terms prevail unless the other agreement explicitly acknowledges and states that it supersedes these Terms.

13.8. These Terms create no third-party beneficiary rights, except for the Indemnified Parties, as explicitly provided within these Terms.