📃Terms of Service

This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of LayerPixel's service or products. This Agreement constitutes a legally binding agreement between you and LayerPixel (referred to herein as "LayerPixel", "us" or "we") which owns and operates the website on the Internet and the Service at LayerPixel.io (the "Service"). By clicking on the “I Agree” button or accessing and using the Service, you consent to comply with all the terms set forth in this Agreement.

1. Grant of Lincense

1.1 License Grant: LayerPixel grants the User a non-exclusive, personal, non-transferable right to use the Service on your personal computer or other device that accesses the Internet. This access allows you to utilize the various functionalities described on the LayerPixel website, including but not limited to decentralized finance (DeFi) tools, virtual asset management, gasless transactions, atomic swaps, and multi-layer transaction execution features (collectively referred to as the "Service"), subject to the terms and conditions contained herein.

1.2. Usage Restrictions: The Service is not for use by:

• (a) Minors or individuals under the age of 18 years;

• (b) Individuals who are considered minors or are under the age of majority in their specific jurisdiction(s);

• (c) Individuals accessing or using the Service from any jurisdiction in which such access or use is illegal. LayerPixel does not have the ability to verify the legality of the Service in every jurisdiction. Therefore, it is the sole responsibility of the User to determine whether or not the use of the Service is lawful in their jurisdiction.

Users must also comply with the specific terms, guidelines, and policies applicable to individual components of the LayerPixel ecosystem, such as PixelWallet and PixelSwap, as described in their respective documentation. It is the sole responsibility of the User to ensure that their use of the Service complies with all applicable laws and regulations in their jurisdiction. LayerPixel disclaims any liability for unauthorized or illegal use of the Service.

1.3. Intellectual Property and Unauthorized Use: LayerPixel and its licensors are the sole holders of all rights in and to the Service, including but not limited to the code, technology, organization, structure, and architecture of the Service, as well as any associated copyrights, trade secrets, intellectual property, and other rights. You may not:

• (a) Copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the LayerPixel website or the Service;

• (b) Use the Service in any way that is prohibited by applicable laws or regulations (each of the above is defined as an "Unauthorized Use").

You are responsible for maintaining the confidentiality of your account information and any activities that occur under your account. LayerPixel will not be liable for any loss or damage arising from your failure to protect your account credentials. You agree not to engage in any activity that would disrupt, manipulate, or otherwise exploit the Service, including but not limited to market manipulation, unauthorized use of trading bots, or any actions that compromise the integrity and security of the Service.

1.4. Reservation of Rights: LayerPixel reserves any and all rights, implied or otherwise, which are not expressly granted to the User hereunder. LayerPixel retains all rights, title, and interest in and to the Service. You agree that you will be solely liable for any damage, costs, or expenses arising out of or in connection with your commission of any Unauthorized Use. You shall notify LayerPixel immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide LayerPixel with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5. Trademarks and Site Content: The term "LayerPixel", its associated domain names, and any other trademarks or service marks used by LayerPixel as part of the Service (the "Trademarks"), are solely owned by LayerPixel. In addition, all content on the website, including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, and text (the "Site Content") belongs to LayerPixel and is protected by copyright and/or other intellectual property or other rights. By using the Service, you acknowledge that you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trademarks without LayerPixel's prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of LayerPixel.

2. No Warranties

2.1. Service Disclaimer: LayerPixel disclaims any and all warranties, expressed or implied, in connection with the Service, which is provided to you on an "as is" basis. We provide no warranty or representation regarding the Service's quality, fitness for any specific purpose, completeness, or accuracy. This includes, but is not limited to, the functionalities of virtual asset management, gasless transactions, atomic swaps, and any other features offered through LayerPixel.

2.2. Service Availability: Despite our efforts to maintain the Service at the highest standard, LayerPixel makes no warranty that the Service will be uninterrupted, timely, secure, or error-free, or that any defects in the Service will be corrected. This includes potential issues related to the asynchronous nature of transaction execution and other challenges unique to the TON blockchain environment.

3. Authority/Terms of Service

You agree to abide by the rules and guidelines of the Service as provided and described on the LayerPixel website. LayerPixel retains full authority over the issuing, maintenance, and closing of the Service. All decisions made by LayerPixel’s management regarding the use of the Service, including dispute resolution and the application of these terms, are final and binding. Such decisions are not subject to review or appeal.

4. Your Representations and Warranties

Before using the Service, and on an ongoing basis, you represent, warrant, covenant, and agree that:

• Cryptocurrency Volatility:

  • CRYPTOCURRENCY VALUES CAN FLUCTUATE GREATLY IN VALUE DEPENDING ON MARKET CONDITIONS. YOU ACKNOWLEDGE THE INHERENTLY VOLATILE NATURE OF CRYPTOCURRENCIES AND HOLD LAYERPIXEL HARMLESS FOR ANY LOSS OR DAMAGES ARISING FROM SUCH VOLATILITY.

• Risk of Loss:

  • There is a risk of losing cryptocurrency and other funds of value when using the Service. LayerPixel has no responsibility or liability to you for any such loss.

• User Responsibility:

  • Your use of the Service is at your sole option, discretion, and risk. You are solely responsible for your actions while using the Service and for ensuring compliance with all applicable laws and regulations.

• Tax Obligations:

  • You are solely responsible for any applicable taxes that may be payable on cryptocurrency traded or transacted by you through your use of the Service.

• Network and Internet Access:

  • The telecommunication networks, blockchain networks, and Internet access services required to access and use the Service are entirely beyond the control of LayerPixel. LayerPixel shall have no liability whatsoever for any outages, slowness, capacity constraints, or other deficiencies affecting these services.

• Legal Age and Jurisdiction, You confirm that:

  • (i) You are aged 18 or over.

  • (ii) You are of the age of majority in your jurisdiction.

  • (iii) You are accessing the Service from a jurisdiction where it is legal to do so.

  • (iv) You are not a Politically Exposed Person (“PEP”) nor are you on any applicable sanctions lists or terrorism finance watchlists, including but not limited to those of the U.S. and the E.U.

  • (v) You will inform LayerPixel immediately if you are placed onto one of these lists or if you change your residence to a prohibited jurisdiction.

• Decentralized Nature of Service:

  • You understand that LayerPixel operates as a decentralized platform providing smart contract and other software tools. In using the LayerPixel platform, you acknowledge that LayerPixel does NOT act as, nor does it have legal duties associated with being, a crypto-asset service provider, virtual asset service provider, asset manager, brokerage, custodian, exchange, virtual asset trading platform, investment or financial advisor, loan or credit service provider, money or payment service operator, securities dealer, or issuer. You should not use the LayerPixel platform for such services if you require such a provider.

• Discovery of Exploits or Bugs:

  • If you discover a bug or error that may lead to the exploitation of the Service or the loss of funds from LayerPixel, you have the responsibility to notify LayerPixel immediately at [e-mail]. Any attempt to use such discovered exploits or bugs for illicit financial gain is illegal and strictly prohibited under this Agreement. Such exploits or bugs should be disclosed responsibly and in strict confidence to [e-mail] and no other entity.

• Legal Consequences of Exploitation:

  • LayerPixel reserves the right to prosecute to the fullest extent of the law anyone who exploits or attempts to exploit the Service in an unlawful manner.

5. Prohibited Uses

5.1. Personal Use Only: The Service is intended solely for the User’s personal use. You may only use the Service for personal purposes and are prohibited from creating multiple accounts for the purposes of collusion, abuse of service, or any other non-personal use. This includes actions such as manipulating market conditions or creating accounts to gain undue advantages within the LayerPixel ecosystem.

5.2. Exploits and Bugs: The Service is provided "as is," and any exploitation of the Service or errors in program logic and/or code (i.e., bugs) is strictly prohibited. Such actions constitute a Prohibited Use and a material breach of this Agreement. Any funds misappropriated through exploitation of bugs or other errors will be considered void and immediately revert to the property of LayerPixel. Users are required to report any discovered bugs or vulnerabilities directly to LayerPixel and refrain from exploiting them for personal gain.

5.3. Jurisdictional Restrictions: The use of the Service by persons located in or residents of the United States, People’s Republic of China, North Korea, Iran, Venezuela, or any other jurisdiction where the use of the Service is prohibited (the "Prohibited Jurisdictions'') is strictly forbidden. This prohibition applies equally to residents and citizens of other nations while they are located in a Prohibited Jurisdiction. Any attempt to circumvent these restrictions, such as by using VPNs, falsifying location data, or providing misleading information about your location or place of residence, is a breach of this Agreement. Any funds (including cryptocurrencies) of persons located in or associated with a Prohibited Jurisdiction may be confiscated or returned at LayerPixel's sole discretion, and all transactions involving such funds are considered void. LayerPixel reserves the right to take legal action against any individual attempting to exploit or use the Service unlawfully.

6. Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) Policy

LayerPixel is designed as a permissionless and decentralized platform, facilitating various decentralized finance (DeFi) activities, including the management of virtual assets and execution of transactions. As a technology provider, LayerPixel does not enforce KYC by default. However, LayerPixel provides smart contracts, KYC/AML tools, and other compliance mechanisms that can be utilized at the discretion of partnering entities or users integrating LayerPixel's software.

6.1. Use of KYC/AML Tools:

• LayerPixel acknowledges that certain DeFi projects and transactions may require KYC/AML processes to comply with legal and regulatory standards. While LayerPixel does not mandate KYC/AML enforcement, it offers the necessary tools and contracts that partnering entities or users may adopt to perform such checks as needed.

• LayerPixel makes no guarantees regarding the legality, merit, or regulatory classification of any token (including whether it is considered a security or financial instrument under any applicable securities laws), token transaction, or DeFi operation conducted using its tools. Despite this, LayerPixel understands the requirement for some projects to implement KYC/AML processes.

6.2. Right to Request KYC Information:

• Upon the request of partnering entities, users, or competent regulatory authorities, LayerPixel reserves the right to request any KYC documentation deemed necessary to verify the identity and location of a User. LayerPixel may restrict access to services or halt payments until such verification is satisfactorily completed.

• Users agree that LayerPixel may share submitted KYC information with third parties to verify the authenticity of the documentation. By using the Service, you consent to such verification processes.

• LayerPixel retains the right to confiscate any funds or assets found to be in violation of relevant AML and counter-terrorist financing (“CFT”) laws and regulations. LayerPixel also reserves the right to cooperate with competent authorities to address such violations.

6.3. AML & Sanctions Compliance:

• LayerPixel strictly prohibits and rejects any use of the Service for illicit activities, including but not limited to money laundering, terrorist financing, or violations of trade sanctions. These prohibitions align with various jurisdictions' laws, regulations, and international norms.

• The Service is not available to individuals or entities listed on any Politically Exposed Persons (PEP) lists or those subject to any applicable sanctions or watch lists, including but not limited to those maintained by the U.S. and the E.U. By using the Service, users represent and warrant that they are not included on any such lists.

7. Breach

7.1. Consequences of Breach:

• Without prejudice to any other rights, if a User breaches, in whole or in part, any provision contained herein, LayerPixel reserves the right to take any action it deems appropriate. This includes, but is not limited to, terminating this Agreement or any other agreements in place with the User, restricting access to the Service, or taking legal action against the User.

7.2. Indemnification:

• You agree to fully indemnify, defend, and hold harmless LayerPixel and its shareholders, directors, agents, and employees from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees and any other charges whatsoever. These may arise as a result of:

  • (i) Your breach of this Agreement, in whole or in part.

  • (ii) Your violation of any law or infringement of any third-party rights.

  • (iii) Your use of the Service, including but not limited to any actions that may harm or negatively impact the LayerPixel ecosystem or other users.

8. Limitations and Liability

8.1. Exclusion of Liability:

Under no circumstances, including negligence, shall LayerPixel be liable for any special, incidental, direct, indirect, or consequential damages whatsoever. This includes, without limitation, damages for:

• Loss of business profits,

• Business interruption,

• Loss of business information,

• Any other pecuniary loss arising out of the use (or misuse) of the Service.

• This limitation applies even if LayerPixel had prior knowledge of the possibility of such damages. Given the innovative and decentralized nature of LayerPixel's services, users must acknowledge and accept the inherent risks and limitations associated with the use of these technologies.

8.2. Personal Injury Liability: Nothing in this Agreement shall exclude or limit LayerPixel's liability for death or personal injury resulting from its negligence. This clause ensures that LayerPixel complies with applicable laws that mandate the responsibility for personal safety.

9. Disputes

If you have any complaints or disputes arising from the use of the Service, you are encouraged to contact LayerPixel’s customer service team at [e-mail]. We strive to resolve any issues promptly and amicably. However, in the event that a resolution cannot be reached through our customer service team, further action may be taken in accordance with applicable laws and the terms set forth in this Agreement.

10. Amendment

LayerPixel reserves the right to update or modify this Agreement, or any part thereof, at any time. Changes to the Service may be made without prior notice, and you will be bound by the amended Agreement upon its posting on the LayerPixel website. We encourage you to regularly review the terms and conditions contained in the current version of the Agreement. Your continued use of the Service signifies your acceptance of any amendments to this Agreement.

11. Governing Law

This Agreement and any matters related to it shall be governed by, and construed in accordance with, the laws of the British Virgin Islands (BVI). By using the Service, you irrevocably agree that the courts of the British Virgin Islands shall have exclusive jurisdiction to settle any claim, dispute, or difference that may arise in relation to this Agreement or any matter arising from it. You also irrevocably waive any right to object to actions being brought in these courts on grounds of inconvenient forum or that these courts do not have jurisdiction.

However, nothing in this clause shall restrict LayerPixel's right to initiate proceedings against you in any other court of competent jurisdiction. Additionally, pursuing actions in one or more jurisdictions does not preclude LayerPixel from pursuing actions in other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdictions.

12. Severability

If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, this shall not affect the validity or enforceability of any other provision in that jurisdiction. Additionally, the illegality, invalidity, or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that or any other provision in any other jurisdiction. Each provision of this Agreement stands alone to ensure the remaining parts continue to be enforceable even if one part is found to be invalid.

13. Assignment

LayerPixel reserves the right to assign this Agreement, either in whole or in part, at any time and without prior notice to you. This means that LayerPixel can transfer its rights and obligations under this Agreement to another entity, such as in the event of a corporate reorganization, merger, or sale. Conversely, you, the User, are not permitted to assign any of your rights or obligations under this Agreement to any third party without LayerPixel's prior written consent.

14. Miscellaneous

14.1. No Waiver: No waiver by LayerPixel of any breach of any provision of this Agreement (including LayerPixel’s failure to enforce strict and literal performance of or compliance with any provision of this Agreement) shall be construed as a waiver of any subsequent breach of the same provision or of any breach of any other provision of this Agreement. This means that even if LayerPixel does not act on a breach immediately, it still retains the right to take action in the future.

14.2. Third-Party Rights: Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement. Only the parties to this Agreement (LayerPixel and the User) have rights and obligations under it.

14.3. Relationship of the Parties: Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and LayerPixel. You are solely responsible for your actions and use of the Service, and there is no special relationship of trust or agency between you and LayerPixel.

14.4. Assignment: LayerPixel may assign, transfer, charge, sub-license, or deal in any other manner with this Agreement, or subcontract any of its rights and obligations under this Agreement, to any other party without prior notice. This flexibility allows LayerPixel to manage its operations efficiently. However, you, the User, may not assign any of your rights or obligations under this Agreement without the prior written consent of LayerPixel.

14.5. Entire Agreement: This Agreement constitutes the entire understanding and agreement between you and LayerPixel regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and LayerPixel. This ensures that all terms are contained within this single document, providing clarity and avoiding confusion.

14.6. Language and Translation: This Agreement, and any schedules and other documents incorporated by reference, have been drafted first in English. Any translations to other languages are provided solely for your convenience. In the event of any conflict between the English version and any translated version, the English version shall prevail in all legal matters and matters related to this Agreement.

14.7. Security and Privacy: LayerPixel is committed to maintaining the security and confidentiality of your data. Users are responsible for safeguarding their account credentials and for any activities conducted under their account. LayerPixel will take reasonable measures to protect user data in accordance with applicable privacy laws and regulations. However, LayerPixel cannot guarantee absolute security, and users must take their own measures to protect their accounts and personal information.

14.8. Force Majeure: LayerPixel shall not be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond LayerPixel's reasonable control. These circumstances include, but are not limited to, acts of God, war, terrorism, civil unrest, natural disasters, technical failures, changes in law, or other significant disruptions. In such events, LayerPixel will endeavor to restore the Service as soon as possible.