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BUYKDA

Terms of Service

Last Updated: September 6, 2023

Please read these terms of service ("Terms") carefully before using the buykadena.io website and Eucalyptus Labs Inc services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Service.

1. The Service

The Service is provided by Eucalyptus Labs Inc ("Eucalyptus Labs", "we" or "us"). The Service allows users ("you") to access an aggregator and router for cryptocurrency exchanges. Eucalyptus Labs routes transactions through third-party cryptocurrency service providers that users select. Eucalyptus Labs does not have custody or control over your cryptocurrencies. We cannot guarantee transactions will be completed as expected. You acknowledge the volatility and risks associated with cryptocurrency transactions.

2. Eligibility and Compliance

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

  • You are not located in or a resident of any state, country, territory or other jurisdiction where transactions involving cryptocurrencies or trading and exchanging cryptocurrencies are illegal or otherwise violate any applicable law.
  • You will only transact legal cryptocurrencies and funds that belong to you. You will comply with all applicable laws and regulations when using the Service.
  • You will not use the Service in furtherance of any illegal activity, including but not limited to money laundering, illegal gambling, or terrorist financing.

3. Fees

Eucalyptus Labs charges a transaction fee separate from any fees charged by the third-party cryptocurrency service providers we route transactions through. All fees are disclosed prior to you using the Service.

4. Privacy

Please see our Privacy Policy for information about how we collect, use, and share information about you.

5. Intellectual Property

The Service and all content and other materials contained on the Service or provided in connection with the Service, including, without limitation, the Eucalyptus Labs logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof ("Eucalyptus Labs Content") are the proprietary property of Eucalyptus Labs or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive and nontransferable license to access and use the Eucalyptus Labs Content solely for your personal and noncommercial purposes. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Eucalyptus Labs Content. No Eucalyptus Labs Content may be used in any way except as expressly provided in these Terms. Any unauthorized use may violate copyright, trademark laws, or other applicable laws and could lead to criminal or civil legal action.

We reserve the right, at our sole discretion, to prosecute infringers of our intellectual property rights to the fullest extent of the law.

6. Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EUCALYPTUS LABS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.EUCALYPTUS LABS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.

7. Limitation on Liability

IN NO EVENT SHALL EUCALYPTUS LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICE.

8. Indemnification

You agree to defend, indemnify and hold harmless Eucalyptus Labs, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any applicable law, rule or regulation.

9. Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be finally settled in arbitration administered in the state of Connecticut under the rules of the American Arbitration Association by a single arbitrator appointed in accordance with those rules. Judgment on the award rendered may be entered in any court with jurisdiction.

10. Governing Law

These Terms and your access to and use of the Service will be governed by and construed and enforced in accordance with the laws of the State of Connecticut.

11. Termination

We may suspend or terminate your access to or use of the Service at any time if you violate these Terms.

12. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions of these Terms will remain in effect

13. Modification

We reserve the right, at our sole discretion, to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email at the email address connected to your account or by posting notice of the changes on the Service. Your continued use of the Service after notice of changes have been provided will indicate your acceptance of the revised Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at dpo@eucalyptuslabs.com.