⚖️Terms of Service
Last Revised: 19/12/2024
Leap Terms of Service
These Terms of Service (the "Terms") govern your ("User", "you", "your") access to and use of the services, including but not limited to web and mobile applications, and any other functionality (collectively, the "Services") provided by Leap (the "Company", "we", "us", "our"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
1. Acceptance of Agreement
By accessing, submitting information to, and/or using the Services, you agree to be bound by these Terms and our Privacy Policy, and to comply with all applicable laws including, without limitation, all federal, state, and local tax and tariff laws, regulations, and directives. Users in the European Union acknowledge and consent to our processing of personal data as essential for the performance of these Terms, applicable agreements, and use of the Services.
2. Amendments
We reserve the right to amend these Terms and our Privacy Policy at any time with reasonable notice. Updates will be posted on the Service. Continued use of the Services after such notice constitutes acceptance of the amendments. If you do not agree to any amendment, you should immediately stop using the Services. If you have any questions about the terms and conditions in this Agreement or our Privacy Policy, please contact us at admin@leaptrading.io.
3. Definitions and Interpretation
3.1 Defined Terms:
Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
Applicable Law: All federal, state, and local laws, regulations, and directives.
Business Day: Any day other than a Saturday, Sunday, or legal holiday.
Profile Information: Information provided to register for the Service, including wallet address, name, address, username, and password.
Wallet: An electronic wallet that allows Users to purchase and store cryptocurrencies and engage in transactions on blockchain networks.
3.2 Interpretation:
References to sections and appendices are to be construed as references to the sections of, and appendices to, these Terms, unless otherwise specified. The singular includes the plural and vice versa. Terms such as "including" mean "including, without limitation."
4. The Service
4.1 Purpose:
The Services are provided to allow Users to purchase tokens, view related data, and engage in various functionalities as described on the Site. The Services are for educational purposes only and do not constitute financial advice. We attempt to present information in an accurate and timely manner, but we do not warrant the accuracy, completeness, or utility of any information on the Services. Reliance on information provided through the Services is at your own risk.
4.2 Use:
We grant you a non-exclusive license to access the Services for personal use. You are responsible for maintaining the security of your account and password. Transactions are recorded on public blockchains, and we are not liable for the acts or omissions of third parties, nor can we guarantee the security of any information you transmit through the Services.
4.3 License:
Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access the Services for personal use, and solely as permitted by and in compliance with these Terms and Applicable Law. This limited license may be revoked at any time at our sole discretion.
4.4 Prohibitions and Restrictions:
You agree not to use the Services to damage, disable, overburden, or impair the Services, gain unauthorized access, impersonate others, or engage in any unlawful activities. Specific prohibitions include, but are not limited to:
Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.
Using the Services to infringe upon or violate the rights of any other party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.
Attempting to gain unauthorized access to any part of the Services, or any related systems, networks, or data.
Using the Services to distribute any form of malicious software or engage in any conduct that could harm the Services or any user of the Services.
Using the Services for any fraudulent or deceptive purposes.
Modifying, adapting, translating, or reverse engineering any portion of the Services.
Using any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data.
4.5 Modification:
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
4.6 No Support or Maintenance:
We are not obligated to provide support or maintenance for the Services on an ongoing basis. Any support provided is at our sole discretion and may be discontinued at any time.
4.7 Account Suspension:
We reserve the right to immediately suspend or terminate your access to the Services if we suspect that your account is being used for illegal activities, fraudulent activities, or any activity that violates these Terms.
4.8 Affiliates:
Our rights, duties, and obligations may be exercised and performed by our affiliates. We are solely responsible for the acts or omissions of our affiliates, and you agree that any claim or action arising out of such acts or omissions shall be brought against us, not our affiliates.
5. Privacy
You agree to our Privacy Policy, which describes the methods in which we collect, use, and disclose information that you provide. By using the Services, you agree to be bound by the terms of the Privacy Policy, which is incorporated herein by reference.
6. Third-Party Links, Products, and Applications
6.1 Third-Party Sites:
The Services may contain links to websites controlled or operated by third parties ("Linked Sites"). Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including any link contained on a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link does not imply endorsement by us of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.
6.2 Third-Party Applications:
Your access and use of any third-party applications or software on our Services are at your own discretion and risk. We disclaim any representation, warranty, or guarantee regarding any third-party applications. You agree to indemnify and hold us harmless for any damages arising from your use of third-party applications.
6.3 Release:
You hereby release and forever discharge us and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, our partners or any other third party or any third-party links and applications).
7. Intellectual Property
7.1 Company Intellectual Property:
You acknowledge and agree that we own all legal rights and interests in and to all elements of the Services, including the Company logo, graphics, design, user interface, website design, computer code, services, data, and all elements of the platform (collectively, the "Company Assets"). The Services, platform, Company Assets, and content are protected by copyrights, trademarks, and other proprietary rights. You are not permitted to use the Services or content in any manner except as expressly permitted by us.
7.2 Non-Company Intellectual Property:
All other trademarks, product names, logos, and similar intellectual property on the platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
7.3 Digital Millennium Copyright Act Compliance:
We take claims of copyright infringement very seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe upon your copyright, you may request removal of those materials by submitting written notification to us. Your written notice should include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and an email address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate; and
Under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Indemnification
You agree to release, indemnify, and hold us and our affiliates, and their respective officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to:
Your access to, use of, or inability to use the Services;
Your breach of these Terms;
Your violation of any rights of a third party; and
Your violation of any Applicable Law.
9. Risk Acknowledgment
9.1 Cryptocurrency Risks:
You represent and warrant that you understand and are willing to accept the risks associated with cryptographic systems such as smart contracts and public blockchain networks.
9.2 No Responsibility for Blockchain Errors:
We are not responsible for losses due to blockchains or any other features of blockchain networks that we may include in the Services or platform, or losses due to forks, technical issues, or any other issues that may result in financial loss.
9.3 Acknowledgment of Platform Risks:
You acknowledge that the platform is subject to flaws and acknowledge that you are solely responsible for evaluating any information provided by the platform. The platform may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions or delays. You agree to accept the risk of platform failure resulting from such difficulties and agree not to hold us accountable for any related losses.
9.4 No Representations Regarding Digital Assets:
The prices of blockchain assets are extremely volatile and large changes in the price of other digital assets could materially and adversely affect the value of tokens, which themselves may also be subject to significant price volatility due to supply and demand and the popularity of specific tokens. We make no representations or warranties of any kind regarding the value of tokens or other digital assets.
9.5 Financial Risk:
The risk of loss in trading digital assets can be substantial. You should carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the platform, you represent that you are solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, professional advice, and experience to make your own evaluation of the potential gains and losses of any transaction conducted via any digital asset.
10. Limitation of Liability and Warranty Disclaimer
10.1 Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINANCIAL LOSS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, THE WEBSITE, OR THE SERVICES, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, OR THE SERVICE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, OR LOSS OF DATA RESULTING THEREFROM.
10.2 No Warranties:
ALL INFORMATION OR SERVICES PROVIDED BY US TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. WE AND ANY THIRD-PARTY LICENSORS WITH CONTENT ON THE SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, WE AND OUR THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT WE SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM, WEBSITE, AND/OR THE SERVICES.
10.3 No Financial Advice:
WE DO NOT PROVIDE FINANCIAL OR INVESTMENT ADVICE. THE SERVICES, INCLUDING ANY TRADING SIGNALS OR STRATEGIES, ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE INVESTMENT ADVICE. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFORE MAKING ANY FINANCIAL DECISIONS.
11. Term and Termination
This Agreement will remain in full force and effect while you use the platform or the Service (the “Term”). We may suspend or terminate your rights to use the platform or Service at any time and for any reason at our sole discretion, including for any use of the platform or Service in violation of this Agreement. You may terminate this Agreement at any time by ending your use of the platform and the Service and notifying us at [insert email]. Upon termination of your rights under this Agreement, your right to access and use the platform and Service will terminate immediately. We will not have any liability whatsoever to you for any termination of your rights under this Agreement. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12. General Terms
12.1 Changes to Terms:
We may update or change these Terms from time to time in order to reflect changes in our products or services, changes in legislation, or for other reasons as deemed necessary by us. The effective date of any Terms will be reflected in the “Last Updated” entry at the top of these Terms. Your continued use of the Services after the communication of any such change constitutes your consent to such change.
12.2 Waiver:
The waiver by us of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
12.3 Governing Law and Jurisdiction:
These Terms are governed by the laws of [Insert Jurisdiction]. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in [Insert Jurisdiction] in all disputes arising out of or relating to the use of the Services not subject to the Arbitration Agreement outlined in Section 12.4.
12.4 Dispute Resolution:
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
12.4(a) Applicability of Arbitration Agreement:
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by us that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
12.4(b) Notice Requirement and Informal Dispute Resolution:
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to:
Leap Attn: Legal [Insert Address]
After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If you and we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
12.4(c) Waiver of Jury Trial:
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
12.4(d) Waiver of Class or Consolidated Actions:
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
12.4(e) 30-Day Right to Opt-Out:
You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Wallet address, and an unequivocal statement that you wish to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us. You may mail your written notification via certified mail to:
Leap Attn: Legal [Insert Address]
12.4(f) Confidentiality:
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
12.4(g) Severability:
If any part or parts of this Arbitration Agreement are found to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
12.4(h) Right to Waive:
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
12.4(i) Survival of Agreement:
This Arbitration Agreement will survive the termination of your relationship with us.
12.4(j) Emergency Equitable Relief:
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
12.4(k) Courts:
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in [Insert Jurisdiction] for such purposes.
12.5 Attorneys’ Fees and Costs:
In addition to any relief, order, or award that is entered by an arbitrator or court, any Party found to be the substantially losing Party in any dispute shall be required to pay the reasonable attorneys’ fees and costs of any Party determined to be the substantially prevailing Party, and such losing Party shall also reimburse or pay any of the arbitrator’s fees and expenses incurred by the prevailing Party in any arbitration.
12.6 Third-Party Beneficiaries:
Notwithstanding Section 12.7, this Agreement and the rights and obligations hereunder shall bind and inure to the benefit of the parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.
12.7 Entire Agreement:
This Agreement and each of its exhibits or appendices constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties, or agreements of any kind, except as expressly set forth herein.
12.8 Severability:
If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full effect and shall be binding upon the parties and shall continue to be enforceable, as if the aforementioned invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
12.9 Assignment:
You may not assign or transfer any rights hereunder without our prior written consent. Except as provided in this section, any attempts you make to assign any of your rights or divest any of your duties hereunder without our prior written consent shall be null and void. We may assign this Agreement or any rights hereunder without consent.
13. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Leap Attn: Legal [Insert Address] admin@leaptrading.io
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
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