Terms of Services

1. Definitions

The following words, and expressions, whenever used in these Terms shall have the respective meanings indicated below:

“AML” means Anti Money Laundering.

“Creator” means a person or team who initiates and undertakes the design, creation, and launch of a new Digital Asset on the Platform, including all associated activities such as asset configuration, listing, marketing, community engagement, and post-launch management.

“Creator Digital Asset” means a Digital Asset created by a Creator and launched as part of a Creator Offering on the Platform.

“Creator Offering” means the process by which a Creator creates, launches, and makes available a Creator Digital Asset through the Platform, including any related activities such as configuration, pricing, and initial distribution to Users.

"Digital Asset" means any user-generated token or other digital representation of value created on the Platform, which is issued, transferred, or stored using distributed ledger or blockchain technology. Digital Assets may serve community, entertainment, or experimental purposes, and are not intended to function as legal tender, securities, or regulated financial products.

"KYB" means Know Your Business.

"KYC" means Know Your Customer.

"KYC/AML regulations" means Know Your Customer and Know Your Business standard practices and Anti Money Laundering applicable laws and regulations;

"Law" means the laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders and decrees of any Governmental Authority.

"Governmental Authority" shall mean any nation or government, any state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government, including, without limitations, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.

"Intellectual Property Rights" means any and all ownership or proprietary rights, rights of use or any other rights with respect to the domain names, patents and patent applications, trade secrets, trademarks and service marks, trademark and service mark registrations and applications (including, but not limited to Blyz trademark), any other trade names, design rights, logos, copyrights, copyright registrations and applications, and any other intellectual or industrial property right in connection or related to Blyz product.

"Platform" means an online platform accessible through the website https://blyz.xyz as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto which is controlled and/or assigned by Blyz.

"Prohibited Person" shall mean any individual or legal entity that is (i) a national or resident of, or legal entity formed or incorporated within or subject to the laws of any United States embargoed or restricted country; (ii) a national or resident of, or legal entity formed or incorporated within, or subject to the laws of China, Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of Korea, Saudi Arabia, Syria, Ukraine (iii) included on, or affiliated with any Person on, the United States Commerce Department’s Denied Persons List, Entities List, or Unverified List; the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, or the Annex to Executive Order No. 13224; the Department of State’s Debarred List; or UN Sanctions; (iv) a person with whom business transactions, including exports and re-exports, are restricted by a United States Governmental Authority, including each item listed in the foregoing clauses (i), (ii), (iii), and (iv) and any updates or revisions thereto and any newly published rules therefore; (v) a subject or target of any other economic sanctions administered or enforced by the United Nations, the European Union, the United States of America, or the United Kingdom; or (vi) a national or resident of, or legal entity formed or incorporated within any country (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the purchase of the Creator Digital Asset would be construed as the sale and purchase of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction.

"User" means any user who acquires, holds, sells, or otherwise transacts in a Creator Digital Asset through the Platform, including via initial offering or secondary trading.

2. Services

Launchpad Platform. Blyz shall provide the Creator(s) and User(s) with the Platform that allows them to meet and enter into a legal relationship between themselves concerning, respectively, the sale and purchase of Creator Digital Asset. It is understood and agreed that the legal relationship concerning the Creator Digital Asset shall occur between the Creator(s) and User(s) and shall not involve Blyz. Blyz's role is limited to providing the Platform for this relationship to take place.

Blyz is not a bank, a security firm, an asset manager, a portfolio manager or an investment advisor. Blyz is not a financial institution, or a financial service provider. Blyz has not received any license or authorization from any regulatory authority. Blyz does not, and shall not at any time, give any financial advice whatsoever, including with regards to the purchase of Creator Digital Asset. Please note that Blyz is not acting as a financial institution or as a financial service provider, nor Blyz is issuing or offering any security or financial instrument. Blyz does not sponsor, endorse, or guarantee any Creator Offering, and Creators are solely responsible for the content, structure, and compliance of their Digital Assets.

Blyz is an independent contractor but not an agent of the user(s) and/or the Creator(s) in the performance of the Services. These Terms shall not be interpreted as base or evidence of an association, joint venture, partnership, franchise, or other form of joint enterprise, employment, or fiduciary relationship between the parties.

User(s) bear full responsibility for verifying the identity, legitimacy, and authenticity of the Creator Digital Asset that User acquires through the Platform. Notwithstanding indicators and messages that suggest verification, Blyz does not make any claims, representations, and/or warranties about the identity, legitimacy, or authenticity of the Creator Digital Asset on the Platform.

User acknowledges, understands, and agrees that Blyz assumes no obligations to assist User in enforcing any claims that may arise between User and/or the Creator as a result of User's engagements through the Platform or in connection with your use of the Services. However, Blyz reserves the right to provide assistance at its sole discretion.

Any administrative and/or third-party charges as well as any gas fees or transaction fees (if any) incurred in connection with the purchase of the Creator Digital Asset that User intends to make shall be borne by User.

Trading Platform. Blyz shall provide the Creator(s) and User(s) with the Platform that allows them to meet and enter into a legal relationship between themselves concerning, respectively, the sale and purchase of Creator Digital Asset. It is understood and agreed that the legal relationship concerning the Creator Digital Asset shall occur between the Creator(s) and User(s) and shall not involve Blyz. Blyz's role is limited to providing the Platform for this relationship to take place.

Blyz does not guarantee the availability, price, liquidity, or execution of any trade conducted on the Platform. All trading activities are undertaken at Users' own risk. Blyz expressly disclaims any responsibility or liability for any losses, damages, or disputes arising from or related to trading on the Platform.

Users acknowledge and agree that Blyz does not hold custody or control over the Creator Digital Assets traded and that all transfers occur directly between Users' wallets or accounts.

Any fees or costs associated with trading, including but not limited to transaction fees, network fees, or third-party charges, are the sole responsibility of the User initiating the transaction.

Graduation and Liquidity Transition. Trading of Creator Digital Assets on the Platform is available to Users until the relevant Creator Digital Asset reaches a defined threshold or condition determined by the Platform from time to time ("Graduation"). Upon Graduation, the Platform will facilitate the automatic deployment of liquidity for the graduated Creator Digital Asset to a third-party decentralized exchange (DEX) designated by the Platform at its sole discretion.

Following this transition, trading of such graduated Creator Digital Assets will occur exclusively on the designated DEX, and will no longer be supported through the Platform. Users acknowledge and agree that the Platform has no control over third-party DEXs, and trading on such DEXs is subject to their respective terms, protocols, and risks.

Users are solely responsible for ensuring they understand how to access and trade the graduated Creator Digital Assets via the designated DEX and for bearing any associated costs, including transaction fees or slippage. The Platform does not guarantee the availability, liquidity, or performance of any Digital Asset after Graduation.

Appchain for Creator Application Development. Upon the trading volume or other relevant metrics of a Creator Digital Asset on the Platform reaching a threshold specified by the Platform from time to time, the Platform may, at its sole discretion, provide support to facilitate the creation of a dedicated Layer-3 blockchain ("Appchain") for the relevant Creator. Such Appchain will be deployed on a layer-2 blockchain ("Layer-2 Blockchain") solution built on the Ethereum blockchain network, which is a third-party blockchain infrastructure not owned, operated, or controlled by the Platform.

The Platform's involvement is strictly limited to optional onboarding assistance, basic configuration guidance, or access to tools it may make available from time to time. The Platform shall have no obligation to provide ongoing maintenance, customization, development, or operational support in relation to any Appchain, and makes no representation or warranty as to its functionality, performance, security, or fitness for any purpose of the Appchain.

Users and Creators expressly acknowledge and agree that:

• (a) any Appchain is deployed independently by or on behalf of the Creator;
• (b) such Appchain deployment and use are subject to the terms, governance, and risks of the Layer-2 Blockchain, Ethereum blockchain network, and any of third-party service providers involved;
• (c) the Platform has no liability for any loss, damages, costs, or claims arising from or relating to the Appchain, its deployment, or its use; and
• (d) any costs associated with the Appchain, including without limitation infrastructure fees, gas fees, or third-party service charges, shall be borne solely by the Creator or User, as applicable.

Users acknowledge and agree that the Appchain, once deployed, operates independently from the Platform and may be governed, maintained, and upgraded separately by the Creator. The Platform bears no responsibility for the Creator's or User's use or operation of the Appchain or for any third-party applications developed thereon.

3. Contracting Party and Eligibility to access to and use the Services

• (a) You are either the individual who accepted these Terms (the "Signatory"); or the individual or entity, if any, that legally authorized the Signatory to accept these Terms on your behalf (the "Principal").

If the Signatory asserts that there is a Principal but the individual or entity identified as the Principal (i) does not fully satisfy the Eligibility Conditions (as defined below) is for any reason not legally bound to these Terms, then the Signatory will be bound to these Terms in his or her personal capacity.

• (b) To be eligible to access and/or use the Services, you must satisfy each of the following conditions (the "Eligibility Conditions"):
  • (i) If you are an individual:
    • • you must be at least 18 years old, or above the minimum age in your jurisdiction to have the legal capacity to enter into these Terms and to use the Services; and
    • • you are not a Prohibited Person.
    If you are an entity:
    • • you are duly organized and validly existing under the applicable laws of the jurisdiction of your organization;
    • • you have authorized your Signatory to accept these Terms on your behalf; and
    • • you are not a Prohibited Person.
  • (ii) User's accessing, using the Services and purchase of the Creator Digital Asset are not prohibited, restricted, or regulated by any law or regulation applicable to you, including but not limited to regulations on AML, anti-corruption, and counter-terrorist financing. You are solely responsible to determine if there are any such laws or regulations (including foreign exchange restrictions) applicable to you and to comply with them and to determine if there are any governmental or other consents or approvals which you need to obtain, and to obtain and maintain them.
  • (iii) You are accessing, and/or using the Services as principal, and for your own account, and not as nominee or agent for, or for the account of, any other person.
• (c) If you do not fully satisfy each of the Eligibility Conditions at all times from the moment you accept these Terms, then you may not, and you agree not to, access, and/or use of the Services. If you access, and/or use the Services despite not meeting each of the Eligibility Conditions, you acknowledge that (a) your access, and/or use of the Services constitutes a breach of these Terms, and (b) your access, and/or use the Services at your own risk. You acknowledge, and agree that Blyz will not be liable to you, or any other party arising from, or in connection with your access, and/or use of the Services if you fail to meet each of the Eligibility Conditions.
• (d) Blyz may require you to provide certain information to confirm your satisfaction of the Eligibility Conditions, and to complete the transactions related to the Services. If you do not provide the required information, you may be unable to use the Services. Blyz's request from you, your provision of such information, and any actions or decisions Blyz may take based on that information, do not affect your obligations under this Section.

4. Services Fee

You acknowledge and agree that your use of the Platform may be subject to the payment of trading fees, creation fee, or other charges corresponding to your use of the Platform (collectively, the "Service Fees") as determined and updated by the Platform from time to time.

Unless otherwise expressly stated in these Terms, all determinations, calculations, or assessments of Service Fees by Blyz in connection with your use of the Platform shall be final, conclusive, and binding, and you hereby waive any right to dispute such determinations, except in cases of manifest error.

To the fullest extent permitted by applicable law, you acknowledge and agree that all Service Fees are non-refundable, in whole or in part, once paid, and shall not be returned to you under any circumstances, including but not limited to, the suspension, termination, or restriction of your access to the Platform or Services, except where expressly provided otherwise under these Terms or required by law.

Blyz reserves the right to modify, revise, or amend the applicable Service Fees at any time in its sole discretion. Any such changes shall take effect upon notice being published on the Platform, unless otherwise stated. Continued use of the Platform following the effective date of such changes shall constitute your acceptance of the revised Service Fees.

5. Creator accepts and acknowledges

• (a) You acknowledge and agree that you are solely and entirely responsible for any and all Creator Digital Assets, tokens, metadata, names, logos, images, descriptions, smart contract code, and other materials that you create, deploy, publish, or otherwise make available through the Platform (collectively, the "Creator Content"). Blyz does not control, initiate, supervise, or endorse any Creator Content. The Platform is a neutral technical interface that facilitates self-directed deployment of digital assets by users.
• (b) For the avoidance of doubt, Blyz does not issue, offer, list, promote, or sponsor any Creator Digital Asset or related activity. The presence of a Creator Digital Asset on the Platform shall not be construed as endorsement, approval, or verification by Blyz.
• (c) You represent, warrant, and covenant that throughout the duration of your use of the Platform, that:
  • (i) You have all necessary licenses, registrations, permits, or authorizations to create, deploy, and make available the Creator Digital Asset, and your activities do not violate any applicable laws or regulations, including securities, commodities, consumer protection, and anti-fraud statutes;
  • (ii) Your Creator Content does not and will not infringe, misappropriate, or violate the rights of any third party, including intellectual property, publicity, or privacy rights;
  • (iii) All representations you make in connection with the Creator Digital Asset, including technical features, tokenomics, use cases, and risks, are accurate, not misleading, and comply with applicable disclosure obligations;
  • (iv) You will not offer or promote the Creator Digital Asset in a manner that constitutes or could reasonably be construed as an unregistered offering of securities or derivatives, or make any representation that may give rise to an investment expectation (e.g., of profits derived from the efforts of others);
  • (v) You will not engage in manipulative, abusive, or deceptive practices including, but not limited to, "rug pulls," pump-and-dump schemes, wash trading, or misleading liquidity creation;
  • (vi) You will not, whether before or after launch, implement any changes to the underlying code, token economics, or key features of the Creator Digital Asset that would materially alter its risk profile, economic substance, or user expectations without clear and advance public disclosure;
  • (vii) You will not use the Platform to conduct or facilitate any transaction involving proceeds of crime, money laundering, terrorist financing, or any other unlawful activity. All funds used in connection with the Creator Digital Asset are derived from legitimate sources;
  • (viii) You will not use the Platform to knowingly offer, sell, or distribute Creator Digital Assets to individuals, entities, or jurisdictions that are subject to economic sanctions, trade restrictions, or embargoes, including those administered by the United Nations, OFAC or other applicable authorities;
  • (ix) there are no pending or threatened legal proceedings, investigations, or enforcement actions that relate to your Creator Digital Asset or business activities that would impair your ability to comply with these Terms;
  • (x) you shall not engage in activity that violates any applicable laws concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margin commodity products to retail customers in the United States or other applicable jurisdiction. Without limiting the foregoing, you will not represent or state that (a) any Creator Digital Asset is to be used for any purpose other than entertainment or social interaction; (b) there is any reasonable expectation of profits derived from the efforts of others in connection with any Creator Digital Asset; or (c) any Creator Digital Asset would entitle an individual to future income or assets of any person;
  • (xi) not, whether before or after launch of Creator Digital Asset, alter the network of the Creator Digital Asset or engage in any activity that results in, or that Blyz reasonably believes may result in, a change of value, liquidity, and/or key functionalities and utilities of the Creator Digital Asset.
• (d) Blyz acts solely as a technology provider and does not exercise any control over the creation, promotion, or operation of Creator Digital Assets. You acknowledge and agree that you deploy and distribute Creator Content entirely at your own risk. Blyz disclaims all liability for any loss or damage arising from or in connection with any Creator Content, user interaction, or regulatory enforcement action.
• (e) You agree to indemnify, defend, and hold harmless Blyz, its affiliates, and their respective officers, directors, employees, and agents from and against any and all losses, claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your Creator Content; (ii) your breach of these Terms or violation of applicable law, including but not limited to AML/CFT obligations; (iii) your use or misuse of the Platform or Services; or (iv) any third-party claim relating to the Creator Digital Asset, including claims by regulators or enforcement agencies.

6. User accepts and acknowledges

• (a) You, at your sole discretion, decide to take the opportunity to participate in one, or multiple Creator Offering, or engage in the trading of any Creator Digital Asset, and you must carefully evaluate all the associated risks, including but not limited to regulatory risks, technology risks and cybersecurity risks. You may, at your discretion, consider the Creator Content published on the Platform to mature your decision. However, you acknowledge, agree, and understand that the Platform, the Services and any materials and information made available through them ("Materials") do not constitute investment advice, financial advice, trading advice, or any other sort of advice and that you shall not rely on any Materials as such. You alone assume the sole responsibility for evaluating the merits, and risks associated with using any information, or other content on the Platform before making any decisions based on such information. You further acknowledge and agree that the prices of Digital Assets, including Creator Digital Assets are highly volatile and may fluctuate significantly over short periods of time. As a result, there is a substantial risk that you may lose all or a significant portion of any funds used to acquire or transact in Creator Digital Assets. You should only use funds that you can afford to lose and are solely responsible for evaluating the risks associated with participating in any Creator Digital Asset transactions on the Platform.
• (b) You acknowledge, agree, and understand that Blyz does not, in any way, supervise, direct, or control any of the Creator Offering, and that Blyz does not control, verify, assure, guarantee, and warrant that the information provided by the Creator Offering to you through the Platform are honest, accurate, complete, and updated. Before participating in a Creator Offering, and purchasing Creator Digital Assets, you shall conduct your own due diligence on the Creator Offering.
• (c) You expressly agree that they are purchasing, and receiving the Creator Digital Asset at your sole risk, and that the Platform and Services are provided on an "as is" basis without warranties of any kind, either expressed or implied.
• (d) You understand, and agree that the purchase, and any other acquisition of the Creator Digital Assets carry significant risks. Therefore, the purchase of the Creator Digital Assets should be undertaken only by user(s) experienced with cryptographic tokens, and blockchain-based software with a functional understanding of storage and transmission mechanisms associated with other cryptographic tokens.
• (e) The prices, and liquidity of Digital Assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Creator Digital Assets made available through the Services, which may also be subject to significant price volatility. We cannot guarantee that you will not lose money, and have no responsibility to you for any such loss.
• (f) You are solely responsible for determining, and paying what, if any, taxes apply to your transactions through the Services. Blyz shall not be responsible for determining and paying the taxes that apply to such transactions.
• (g) There are risks associated with using an internet-based currency, including but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Blyz will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused.
• (h) The regulatory regime governing blockchain technologies, cryptocurrencies, and Digital Asset is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of the Creator Digital Assets.
• (i) The Services may rely on third party platforms to perform transactions with respect to any Digital Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer.
• (j) By purchasing the Creator Digital Asset, you confirm that you understand and assume the risks involved in such a transaction. In particular, you confirm to fully understand, and accept the following:
  • (i) any Creator Offering will not involve the issuance of any securities (whether equity securities, or otherwise, including unregistered security), or other kinds of investment certificates;
  • (ii) the Creator Digital Assets are merely Digital Assets existent on the Solana blockchain. Their usage of and interactions with digital services, and applications provided by the related Creator is not guaranteed by Blyz;
  • (iii) The Creator Digital Assets are not redeemable, nor associated with financial return or backed by any underlying asset, security or repurchase commitment and do not necessarily have liquidity or market value.
  • (iv) The Creator Digital Assets do not stand for any sort of investment contract for all intents and purposes.
  • (v) The purchase of the Creator Digital Asset is not an investment nor a collective investment scheme, and the User(s) shall not expect any repayment, refund, return or profit from participating in a Creator Offering.
  • (vi) The User(s) shall not participate in a Creator Offering with the purpose of investing, speculating or pursuing a profit.
  • (vii) The User(s) payment for the purchase of the Creator Digital Assets will be non-refundable. Therefore, the User(s) shall give full consideration to all risk factors, including but not limited to the volatility of cryptocurrency prices and markets in general, risks of systemic failure, risks of code failure, bugs, hardware failure, loss of data, theft, lost usernames, passwords, or private keys, incorrectly executed transactions, and/or hacks which can lead to, inter alia, the complete loss of the Creator Digital Assets.
  • (viii) Blockchain technology allows new forms of interaction, and it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing blockchain technology-based applications, which may be contrary to the current setup of the Platform, Creator Offering and which may, inter alia, result in substantial modifications, or loss of the Creator Digital Assets.
  • (ix) The field of digital cryptography is very new, and for this reason, there is a risk of unforeseen attacks on several or all parts of Blyz. In the event of such an attack/hack, User(s) may lose their Creator Digital Assets and other assets.
• (k) You understand the inherent risks associated with blockchain technology and crypto-assets, including, but not limited to, those listed hereinafter:
  • (i) Risks associated with Intellectual Property Rights: you understand and accept that, due to a lack of originality of the software and to the immaterial character of the Creator Digital Assets, there may be no title of ownership in, and to the Creator Digital Assets.
  • (ii) Risks associated with technology: you understand and accept that the smart contracts, the Platform, and blockchain protocols are still in an early stage and unproven. You understand, and accept that there is no warranty that the process for delivering the Creator Digital Assets, and/or the smart contracts will be uninterrupted, or error-free, and acknowledges that there is an inherent risk that the software could contain weaknesses, vulnerabilities, or bugs causing inter alia, the complete loss of the Creator Digital Assets that User has bought. You understand, and accept that the smart contracts, and/or underlying protocols and/or any other software involved may either delay, and/or not execute the delivery of the Creator Digital Assets.
  • (iii) Regulatory risks: you understand and accept that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, a blockchain technology-based applications, which may be contrary to the current setup of Blyz and which may, inter alia, result in substantial modifications of the Platform, including its termination and the loss of the Creator Digital Assets.
  • (iv) Risks associated with abandonment/lack of success: you understand, and accept that the development of the Creator Offering may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competitors). You, therefore, understand that there is no assurance that, even if the Creator Offering is partially or fully developed and launched, you will receive any benefits through the Creator Digital Assets you hold.
  • (v) Risks associated with a loss of private key: you understand, and accept that the Creator Digital Assets can only be accessed by using a digital wallet. You understand, and accept that if your private key, or password gets lost or stolen, the Creator Digital Assets associated with your digital wallet will be unrecoverable and will be permanently lost.
  • (vi) Risks associated with your wallet: you understand, and accept that Blyz is in no way responsible for the digital wallet on which the Creator Digital Assets are transferred. You shall understand, and agree that you are solely responsible for the access and security of your digital wallet, for any security breach of your wallet and/ with any loss of the Creator Digital Assets resulting from digital wallet service providers, including any termination of the service by the digital wallet service provider, and/or bankruptcy of the digital wallet service provider. You understand, and accept that the wallet, or digital wallet used for the Creator Offering, has to be technically compatible with the Creator Digital Assets. The failure to assure this may have the result that you will not gain access to your Creator Digital Assets.
  • (vii) Risks associated with theft/hacks: you understand, and accept that the smart contracts, the Platform, the underlying software application, and the software platform may be exposed to cyber attacks by hackers, or other individuals that could result in theft, or loss of the Creator Digital Assets.
  • (viii) Risks associated with depreciation: you understand and accept that with regard to the Creator Digital Assets, no market liquidity may be guaranteed and that the value of the Creator Digital Assets over time may experience extreme volatility or depreciate in full.
• (l) You shall confirm that you have understood all the risks mentioned above, and hereby confirm that you use Blyz at your own risk. You shall understand, and agree that Blyz shall not be liable for any damage, or loss incurred by users due to the materialization of any of the risks mentioned above. You shall release Blyz from any liability for any damage, and/or loss arising, directly or indirectly, from your use of the Platform, and/or the Services.

7. Know Your Customer / Know Your Business / Anti Money Laundering Compliance

• (a) General. As a software development company, Blyz has no role in enforcing KYC/KYB/AML regulations by default. However, in order to comply with KYC/KYB/AML standard practices, and applicable regulations, Blyz may from time to time requires all users to complete mandatory identification verification using KYC/KYB/AML tools. You fully agree to assist Blyz in fulfilling the mentioned obligations and provide any necessary information if such is required by the Laws.
• (b) Anti-money laundering & counter-terrorism financing. You represent and warrant Blyz that you comply with all anti-money laundering, and anti-terrorism-financing requirements in all applicable jurisdictions.
• (c) Sanctions compliance. Neither you, nor any person having a direct or indirect beneficial interest in you, or the Creator Digital Assets being purchased by you, nor any person does not meet Eligibility Conditions for whom you are acting for or:
  • (i) Is included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce;
  • (ii) Is in, under the control of, or a national or resident of any country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime, or is on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime.
  (collectively, "Sanctions")
• (d) As part of Blyz's compliance process with such KYC/KYB/AML regulations, Blyz shall conduct KYC/KYB checks on you through a third-party platform as varied from time to time. Such checks shall be conducted prior to your creation of a Digital Asset on the Platform. As part of such checks, Blyz shall collect and store, and you agree to provide prior to the creation of Digital Asset or prior to participating in the Services, the following types of data:
  • (i) Your name;
  • (ii) Facial scan data (extracted from video or photographs, and also from your identity documents);
  • (iii) Date of incorporation/ birth;
  • (iv) Jurisdiction of incorporation/ birth;
  • (v) Proof of address such as a copy of a utility bill or bank statement from the user.
• (e) The third-party KYC/KYB/AML service provider may conduct on behalf of Blyz further KYC/KYB/AML checks concerning the director(s), shareholder(s), and ultimate beneficial owner(s) of you through a form that shall be filled in by you.
• (f) Furthermore, Blyz or the third-party service provider selected by Blyz would collect and store such information, and you agree to provide prior to your creation of the Creator Digital Asset, data, including but not limited to your director(s), shareholder(s) and ultimate beneficial owner(s). The duration of such data restoration shall be within the time limits as decided by Blyz.
• (g) You must provide Blyz with true, and accurate details of all required KYC/KYB/AML requirements. You acknowledge that by failing to submit all necessary KYC/KYB/AML information. You will not participate in the Services or create a Creator Digital Asset. You will take all reasonable and necessary measures to rectify any issues. Blyz has the independent right to terminate Creators right to create Creator Digital Assets, including termination of the possibility to provide any other services to you, and User's possibility to receive any Creator Digital Assets from the Creator Offering, all based on the results of the KYC/KYB/AML checks.
• (h) Blyz shall be entitled to immediately terminate these Terms if Blyz has reasonable doubts as to the validity, authenticity and genuineness of the data provided by you, or in case you have failed to provide the data and other additional information as required above. In such case, you will be deemed to have violated the provisions of this Section and Blyz shall refuse to allocate the Creator Digital Asset to you and shall use its commercially reasonable best efforts to refund the amount that you has actually received from you to purchase the Creator Digital Asset from the Project in the same amount (of the form of payment, whether money or any cryptocurrencies, as applicable) it has been transferred to the Creator Offering (with no interest or any other amounts due on such funds, subject to the deduction of any transfer fees paid by the Creator. In addition, Blyz has the right to use any possible efforts for preventing money laundering and terrorism financing, including, but not limited to, blocking your wallet and disclosing any information about you to the governmental authority on their request, without your knowledge or consent.
• (i) You have not and will not supply Blyz with inaccurate or misleading information relating to your creation/purchase of the Creator Digital Asset, including, without limitation, your identity and source of funds. You will supply with all accurate information, documentation or copy documentation that Blyz may require in order to allow Blyz to verify your eligibility to create/purchase the Creator Digital Asset, and you will provide Blyz with any additional information which may be reasonably required in order that Blyz can fulfil its legal, regulatory, and contractual obligations, including but not limited to any KYC/KYB/AML regulations, and/or any change to the information that you have supplied to Blyz.
• (j) As part of Blyz's commitment to the prevention of money laundering, Blyz will not tolerate any of your abusing the Services for such matters. If Blyz suspects that you are abusing the Services for the purposes of money laundering, Blyz reserves the right to freeze any funds you are entitled to receive or used to purchase the Project Tokens. Blyz reserves the right to report any suspicious activities to the governmental authorities without your knowledge or consent.

8. Intellectual Property Rights

• (a) Intellectual Property Rights and all other proprietary rights in relation to the content available on the Platform by Blyz (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information, and their selection and arrangement) (hereinafter, the "Platform Content") are the exclusive property of Blyz and its licensors. Blyz or its licensors' rights to the Platform Content include rights to:
  • (i) The Platform; and
  • (ii) All designs, layouts, software, displayed, and technical information associated with the Platform.
• (b) All Intellectual Property Rights in the Platform Content not expressly granted herein are reserved to Blyz. All copyright and other proprietary notices shall be retained on all reproductions.
• (c) Any other use of the Platform Content, including without limitation distribution, reproduction, modification, making available, communicating to the public, publicly performing, frame, download, display, or transmission, in whole or in part, without the prior written consent of Blyz is strictly prohibited.
• (d) User(s) may not derive or attempt to derive the source code of all or any portion of the Platform Content, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Platform Content or any part thereof.
• (e) Blyz and its licensors own and shall retain all Intellectual property rights and other rights in and to the Platform Content, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Platform Content.
• (f) Blyz, together with its licensors expressly reserve all Intellectual Property Rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Platform Content, including copying or storing it or them in whole or part, other than for own personal, non-commercial use, is prohibited without the prior written consent of Blyz.
• (g) The Platform and any Services, including their design elements or concepts and any and all underlying Intellectual Property Rights, including, but not limited to any registered trademarks, are the property of Blyz, and are protected by copyright, patent, trade secret and other Intellectual Property Rights laws. Blyz and its licensors retain any and all rights, title and interest in and to the Platform and the Services (including, without limitation, all Intellectual Property Rights), including all copies, modifications, extensions and derivative works thereof. The user's right to use the Platform and the Services is limited to the rights expressly granted in these Terms. No licenses to use any of trademarks or any other brands are to be inferred or assumed pursuant to the use of any Services. All rights not expressly granted to the user are reserved and retained by Blyz and their licensors.
• (h) User expressly agrees not to duplicate, copy, transmit, distribute, license, reverse engineer, modify, publish, reuse or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Intellectual Property Rights of Blyz or any Creator without the express prior written consent of Blyz and, if applicable, the Creator(s). The users shall not infringe the Intellectual Property Rights of Blyz, the Creator, or any third party.
• (i) All other third-party trademarks, registered trademarks, and product names mentioned on the Services or displayed on the Services 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 intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Blyz.

9. Limited License

Blyz hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable and limited license, subject to the terms of these Terms, to access and use the Platform solely for informational, transactional, or other approved purposes as permitted by Blyz from time to time. Any other use of the Platform is expressly prohibited. All other rights in the Platform are reserved by Blyz. Blyz reserves all rights in the Platform, and Users agree that these Terms do not grant Users any rights in or licenses to the Platform, except for this express, limited license. Users shall not otherwise copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Platform Content or any other part of the Platform or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, the user will not frame or display the Platform (or any portion thereof) as part of any other website or any other work of authorship without prior written permission. If you violate any portion of these Terms, your permission to access and use the Services may be terminated pursuant to these Terms. In addition, Blyz reserves the right to all remedies available at law and in equity for any such violation.

User(s) may not assign any of their rights, licenses, or obligations under these Terms without Blyz's prior written consent. Any such attempt at assignment by users shall be void. Blyz may assign its rights, licenses, and obligations under these Terms without limitation and without prior consent.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by users but may be assigned by Blyz without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void.

10. Users' responsibilities

You agree not to do any of the following:

• (a) Post, upload, publish, submit or transmit any user content: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• (b) Access or use the Services to copy, modify, or create derivative works of the Services or any related software or code, or reverse engineer, disassemble, decompile, decode, adapt, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Service, or otherwise attempt to derive or gain access to any software component of the Service, including those of third parties;
• (c) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• (d) Impersonate or misrepresent your affiliation with any person or entity;
• (e) Create or list counterfeit items;
• (f) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, or that involves proceeds of any criminal or fraudulent activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services);
• (g) Intimidate or harass any person or entity, or falsely state or otherwise misrepresent the other user or their affiliation with any person or entity;
• (h) Damage, disable, overburden, or impair the functionality of the Platform in any manner;
• (i) Upload, post, transmit, distribute, or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Platform or the interests or property of the users or of Blyz;
• (j) Export or re-export any applications, code or tools developed by and proprietary to Blyz except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• (k) Use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by Blyz to access the Platform or to extract data or information from the Platform;
• (l) Commercialize any application, code, or any information or software associated with such application and/or the Platform without the prior consent of Blyz;
• (m) Upload, post, transmit, distribute, store, or otherwise make publicly available on the Platform any personal data of users, or of any third-party without the person's prior explicit consent;
• (n) Harvest or otherwise collect information or data about users without their consent or use automated scripts to collect information from or otherwise interact with the Platform;
• (o) Upload, post, transmit, distribute, store, or otherwise make available content that, in the sole judgment of Blyz, is objectionable, misleading or which restricts or inhibits any other person from using the Platform, or which may expose Blyz or its users to any harm or liability of any type;
• (p) Upload, post, transmit, distribute, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offence;
• (q) Copy, modify, distribute, sell, or lease any part of the Platform;
• (r) Reverse engineer or attempt to extract the source code of the Platform;
• (s) Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Platform, or third parties;
• (t) Infringe upon or violate the rights of Blyz, the users or any third party;
• (u) Fabricate in any way any transaction or process related thereto;
• (v) Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
• (w) Facilitate or assist another person to do any of the above acts.

11. Third-party Service

The Services may also contain links or functionality to access or use third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties ("Third-Party Materials"). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Platform, you are bound by the terms and conditions (including privacy policies) of another website or destination. These Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Blyz and may be "open" applications for which no recourse is available. Blyz is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Blyz provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

12. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Blyz, its affiliates, officers, directors, agents, partners and employees (individually and collectively, the "Blyz Parties") from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of any kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, "Claims") arising out of or related to (a) your use or misuse of the Services, (b) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or applicable law, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your fraud, negligence or willful misconduct. You agree to promptly notify Blyz Parties of any third-party Claims, cooperate with Blyz Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Blyz Parties shall have control of the defense or settlement, at Blyz' sole option, of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND Blyz.

If Blyz is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section, you agree to reimburse Blyz its legal fees, as well as its employees' and contractors' time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.

13. Disclaimer

THE SERVICES LISTED THEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Blyz EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) REGARDING ITSELF, THE SERVICES, THE CREATOR DIGITAL ASSETS, THE CREATORS, THE PLATFORM, THESE TERMS, AND THE TRANSACTIONS CONTEMPLATED BY THESE TERMS. Blyz CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE CREATOR DIGITAL ASSETS, THE CREATORS, THE PLATFORM, OR THE DELIVERY MECHANISM FOR THE CREATOR DIGITAL ASSETS, THE CREATORS, THE PLATFORM OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY DO NOT CONTAIN ANY WEAKNESSES, VULNERABILITIES, OR BUGS WHICH COULD CAUSE, AMONG OTHER THINGS, THE COMPLETE LOSS OF THE THE CREATOR DIGITAL ASSETS.

Blyz SPECIFICALLY DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Blyz MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USERS' OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. Blyz MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE SERVICES WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION. Blyz CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USERS DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND WILL NOT HOLD Blyz RESPONSIBLE FOR ANY BREACH OF SECURITY.

Blyz WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.

THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICES OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES, AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE, AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS AND REGULATIONS, YOU, FOR AND ON BEHALF OF ALL NATURAL AND LEGAL PERSONS WHO MAY CLAIM THROUGH OR UNDER YOU, ON YOUR BEHALF, OR OTHERWISE IN RESPECT OF YOU, RELEASE AND FOREVER DISCHARGE Blyz AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ATTORNEYS, AND ADVISERS, AND ALL OF ITS AND THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, WHETHER UNDER COMMON LAW, STATUTORY, CONTRACTUAL, TORTIOUS, EQUITABLE, OR OTHERWISE, AND ALL LOSSES, DAMAGES, TAXES, LIABILITIES, COSTS, AND EXPENSES, WHICH YOU HAVE, EVER HAD, MAY HAVE, OR HEREAFTER MIGHT HAVE, WHETHER KNOWN OR UNKNOWN, NOW EXISTING OR WHICH MIGHT ARISE OR ACCRUE HEREAFTER, RELATING TO OR ARISING FROM THE MATTERS LISTED IN THIS SECTION.

14. Limitation of Liability

IN NO EVENT SHALL Blyz BE LIABLE FOR ANY LOSSES REALIZED OR DEMANDED OF USERS RELATED TO USERS' ACCESS OR USE OF THE SERVICES, INCLUDING ANY LOSSES FOR INTELLECTUAL PROPERTY INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Blyz FOR DAMAGES EXCEED ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT SHALL Blyz, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (III) USE OF ANY CONTENT OBTAINED FROM OR GENERATED IN WHOLE OR IN PART BY THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OF LIABILITY IN THIS SECTION PROTECT Blyz'S AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, AND REPRESENTATIVES OF Blyz AND ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, TO THE SAME EXTENT THAT Blyz IS PROTECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES. TO THAT END, THE EXCLUSIONS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO WAIVE ALL RIGHTS TO ASSERT ANY CLAIMS UNDER APPLICABLE LAWS AND REGULATIONS, AND YOU AGREE THAT YOU MAY MAKE CLAIMS BASED ONLY ON THESE TERMS.

YOU ACKNOWLEDGE THAT Blyz HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Blyz.

15. Compliance With Local Laws

• (a) User(s) shall endeavour to perform their rights and obligations under these Terms in compliance with all applicable laws, regulations, codes, ordinances, and with those of any other authority having jurisdiction over their sales.
• (b) It is the duty of the user(s) to abide by local laws in relation to the legal usage of the Services in their local jurisdiction as well as other laws and regulations applicable to the user(s). The user(s) must also factor, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.
• (c) User(s) acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; the user(s) agree that Blyz may require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds.
• (d) Blyz maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate your funds which are flagged out or investigated by legal mandate.
• (e) The user(s) shall be solely responsible:
  • (i) For any and all tax liabilities associated with payments between each other;
  • (ii) For determining whether the Creator and/or Blyz is required by applicable laws to issue any particular invoice to the users and for issuing any invoices so required;
  • (iii) For determining whether the Creator, and/or Blyz, and/or a user is required by applicable law to remit to the appropriate authorities any value added tax, sales tax or any other taxes and duties or similar charges and remitting any such taxes or charges to the appropriate tax authorities, as applicable.

16. Privacy Policy

Please refer to our Privacy Policy or information about how we collect, use, and share personal data about you. By submitting personal data through the Platform, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

17. Future changes to the Platform and the Services

We are always working to improve the Platform and the Services, so our products and Services may change over time. We may suspend or discontinue any part of the Platform and the Services, or we may introduce new features or impose limitations on certain features or restrict access to part or all the Platform and the Services. We reserve the right to change, suspend, remove, discontinue or disable access to the Platform or particular portions thereof, at any time and without notice. In no event will Blyz be liable for the removal of or disabling access to any portion or feature of the Platform.

18. Resolving Disputes; Binding Arbitration

• (a) We want to address your concerns without needing a formal legal case. Before filing a claim against Blyz, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim to the contact details provided on the Platform. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can't resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
• (b) Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with Blyz and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
• (c) No Representative Actions. You and Blyz agree that any dispute arising out of or related to these Terms, or our Services is personal to you and Blyz and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
• (d) Arbitration of Disputes. Except for claims in which either you or Blyz seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property rights, you and Blyz agree that any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination (a "Dispute"), shall be referred to and finally resolved by binding arbitration in the British Virgin Islands under the provisions of the BVI Arbitration Act. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the rules agreed by the parties or, failing agreement, by the BVI International Arbitration Centre (BVI IAC). The seat and place of arbitration shall be the British Virgin Islands, and the language of arbitration shall be English. The arbitration shall be conducted on a confidential basis. You acknowledge and agree that you have had the opportunity to review the BVI Arbitration Act and any applicable procedural rules and that you waive any claim that such arbitration process is unfair or unenforceable.
• (e) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Blyz, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
• (f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Blyz will not have the right to assert the claim.
• (g) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

19. Governing Law

These Terms and your access and use of the Services shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines without giving effect to the conflict of laws principles thereof.

20. Reservation Of Rights

Blyz may block, terminate or suspend the users to use or access the Platform, in whole or in part, without notice and at all time, at the sole discretion of Blyz, as well as close or interrupt the Platform. Blyz reserves the right to terminate the user(s) right to access and use the Platform if user(s) violate these Terms or any other terms, laws, or policies referenced herein, or if user(s) otherwise create risk or possible legal exposure for Blyz.

Blyz reserves the right to initiate legal proceedings against any person for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these Terms.

Blyz may, at its sole discretion and without any prior notification, suspend, restrict, or terminate the access any or all of the Services and/or the Platform if:

• (a) User(s) are so required by an enforceable subpoena, court order, or binding order of the court or government authority; or
• (b) Blyz reasonably suspect user(s) of using the Services in connection with illegal, unauthorized, or improper activity; or
• (c) Use of the Services is subject to any pending litigation, investigation, or government proceeding and/or Blyz perceive a heightened risk of legal or regulatory non-compliance associated with the user activity; or
• (d) Blyz's service partners are unable to support usage; or
• (e) Blyz is required to do so in order to comply with KYC/KYB/AML laws and regulations; or
• (f) User(s) violate the terms of these Terms (in particular, but not limited to, providing correct and accurate information for KYC/KYB/AML purposes or violating any user warranties given under these Terms); or
• (g) User(s) take any action that Blyz deems as circumventing Blyz's controls, including, but not limited to, abusing promotions that Blyz may offer from time to time.

Notwithstanding the foregoing, you may disconnect your digital wallet at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any Creator, to the fullest extent permitted by applicable law. Upon any termination, discontinuation or cancellation of the Services, the following Sections will survive: 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23.

21. Severability

If any term, section, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, section, clause, or provision of these Terms.

22. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Blyz for which monetary damages would not be an adequate remedy and Blyz shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

These Terms constitute the entire agreement between you and Blyz relating to your access and use of the Platform and the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Blyz, and Blyz' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

23. Miscellaneous

These Terms constitute the entire agreement between you and Blyz relating to your access and use of the Platform and the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Blyz, and Blyz' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.