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Terms of Service

Last updated: June 30, 2024

These Terms of Service, also known as the "Agreement," clarify the terms and conditions for accessing and using https://app.trotelcoin.com. Also, you need to carefully read this Agreement, as it oversees your usage of the Website and any connected subdomains of https://trotelcoin.com. When you enter or use the website, it means you have read, understood, and agreed to follow all the rules in this Agreement. If you don't agree, you can't use the website and should avoid doing so.

IMPORTANT: This Agreement includes crucial details, such as a mandatory arbitration clause and a waiver of class action, affecting your rights in resolving disputes. The Website is accessible to you, and you should only enter if you fully agree with these terms.

Introduction

The Website grants access to (a) a decentralized protocol on a public blockchain, specifically Polygon PoS. This protocol allows users interested in learning to earn rewards in TrotelCoins, the cryptocurrency of the TrotelCoin's ecosystem ("the TrotelCoin protocol" or the "Protocol"), as well as other services. The Website serves as one method, but not the exclusive method, to access the Protocol.

To enter the Website, you need to use non-custodial wallet software, enabling you to engage with public blockchains. Your connection with the non-custodial wallet provider is regulated by the terms of service of that third party, not by this Agreement. Wallets are not managed, operated, or associated with us, and we do not possess custody or control over your wallet's contents, with no capability to recover or move its contents. By linking your wallet to our Website, you agree to adhere to this Agreement and all the terms mentioned herein by reference.

Modification of this Agreement

We have the right, on our own judgment, to change this Agreement occasionally. If we make significant changes, we will be keeping an updated version of the Agreement at https://app.trotelcoin.com/terms-of-service. All changes become effective upon posting, and if you continue to access or use the Website, it will indicate your acceptance of those changes. If you disagree with any modifications to this Agreement, you must promptly cease accessing and using the Website.

Description of Services provided through the Website

The Website offers a way to access the Protocol through a web or mobile platform.

Website for accessing Protocol

The Website is separate from the Protocol and acts as one, though not the exclusive, way to access it. The Protocol is made up of open-source or source-available self-executing smart contracts deployed on a public blockchain, specifically Polygon PoS. When traders pay fees to receive their rewards, these fees are directed to validators who stake $MATIC or $POL tokens to operate the Polygon PoS blockchain. The Protocol was originally established on the Polygon PoS chain, a blockchain, and there is potential for it to be deployed on different blockchain networks in the future.

Eligibility

To use the Website, you need to be capable of entering into a legal agreement with us. Therefore, you assert that you have reached the age of majority in your jurisdiction (for instance, 18 years old in the United States or France) and have the complete right, authority, and power to accept and adhere to the terms and conditions of this Agreement, both for yourself and any company or legal entity on whose behalf you access or use the Website.

You additionally confirm that you are not (a) under economic or trade sanctions imposed by any governmental authority or listed as prohibited or restricted (including lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury), or (b) a citizen, resident, or organized in a jurisdiction or territory subject to comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Lastly, you assert that your use of the Website will fully adhere to all applicable laws and regulations, and you will not use the Website for any illegal activities or to promote such activities.

Intellectual Property Rights

TrotelCoin possesses all the intellectual property and other rights related to the Website and its contents, covering elements like software, text, images, trademarks, service marks, copyrights, patents, designs, and its overall "look and feel." In contrast, the Protocol consist entirely of open-source or source-available software operating on public blockchains.

By utilizing the Website to list, post, promote, or display NFTs or courses, you are granting us a worldwide, non-exclusive, sublicensable, royalty-free license to utilize, copy, modify, and showcase any content. This content encompasses, but is not limited to, text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or any other materials that you post on or through the Website for our present and future business purposes. These purposes include providing, promoting, and enhancing the services. This license also extends to any digital file, art, or other material linked to or associated with any NFTs that are displayed.

You declare and assure that you possess, or have acquired, all the rights, licenses, consents, permissions, power, and/or authority needed to provide the rights specified here for any NFTs or courses that you list, post, promote, or display on or through the Website. You further assert that such content does not include material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have the required permission or are legally entitled to post the material and grant us the license mentioned earlier. Additionally, you affirm that the content does not breach any laws.

Additional Rights

We retain the following rights, which are not considered obligations on our part: (a) to modify, substitute, remove, or add to the Website with or without notifying you; (b) to review, modify, filter, disable, delete, and remove any and all content and information from the Website; and (c) to collaborate with any law enforcement, court, government investigation, or third party requesting or directing us to disclose information or content that you provide.

Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Website:

  • Intellectual Property Infringement: Activities that violate or infringe upon any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
  • Cyberattack: Activities that aim to disrupt or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system. This includes deploying viruses and conducting denial-of-service attacks.
  • Fraud and Misrepresentation: Activities intended to defraud us or any other person or entity. This includes providing false, inaccurate, or misleading information to unlawfully obtain the property of another.
  • Market Manipulation: Activities that violate any applicable law, rule, or regulation regarding the integrity of trading markets. This includes manipulative tactics such as "rug pulls," pumping and dumping, and wash trading.
  • Securities and Derivatives Violations: Activities that violate any applicable law, rule, or regulation related to the trading of securities or derivatives. This includes the unregistered offering of securities and offering leveraged and margined commodity products to retail customers in the United States.
  • Sale of Stolen Property: Buying, selling, or transferring stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
  • Data Mining or Scraping: Activities involving data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Website.
  • Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.
  • Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.

Not Registered with the SEC or Any Other Agency

We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not handle trading orders on your behalf. We also do not assist in the execution or settlement of your trades, as these processes take place entirely on public distributed blockchains like Polygon PoS.

Non-Solicitation; No Investment Advice

You agree and understand that: (a) all trades you submit through the Website are considered unsolicited, meaning they are initiated solely by you; (b) you have not received any investment advice from us regarding any trades; and (c) we do not conduct a suitability review of any trades you submit.

We may share details about tokens on the Website obtained from third-party data partners. Additionally, we may include warning labels for specific tokens. However, the provision of informational materials doesn't mean that trades in those tokens are solicited. We are not trying to encourage you to make any purchases based on the provided information. All information presented on the Website is solely for informational purposes and should not be seen as investment advice or a suggestion that a particular token is a safe or wise investment. You should not take, or refrain from taking, any action based on the information contained in the Website. While we provide token information for your convenience, we do not offer investment recommendations or express opinions on the merits of any transaction or opportunity. It is your responsibility to determine whether any investment, investment strategy, or related transaction is suitable for you, considering your personal investment objectives, financial situation, and risk tolerance.

Non-Custodial and No Fiduciary Duties

The Website operates as a purely non-custodial application, indicating that we never have custody, possession, or control of your digital assets at any point. Certainly, referring to pending TrotelCoins means that we store the quantity of TrotelCoins associated with your account in our database. However, it's crucial to note that these TrotelCoins should be considered non-existent as they have not been publicly minted on a public blockchain when they are pending. This implies that you bear the sole responsibility for safeguarding the cryptographic private keys to your digital asset wallets, and you should refrain from sharing your wallet credentials or seed phrase with anyone. We assume no responsibility or liability in connection with your use of a wallet, and we provide no assurances regarding how the Website will interact with any specific wallet. Similarly, any actions or omissions related to your wallet are solely your responsibility, and we are not accountable for any compromises that may occur.

This Agreement is not designed to, and does not, establish or enforce any fiduciary duties on our part. To the maximum extent permitted by law, you recognize and consent that we are not bound by any fiduciary duties or liabilities to you or any other party. If any such duties or liabilities exist by law or in equity, you explicitly disclaim, waive, and eliminate them. Additionally, you agree that the only duties and obligations we owe you are those explicitly stated in this Agreement.

Compliance and Tax Obligations

The Website might not be accessible or suitable for use in your jurisdiction. By accessing or using the Website, you affirm that you are solely and entirely responsible for adhering to all applicable laws and regulations that may be relevant to you.

Specifically, your utilization of the Website or the Protocol may lead to various tax implications, including income or capital gains tax, value-added tax, goods and services tax, or sales tax in specific jurisdictions. It is your responsibility to ascertain whether taxes are applicable to any transactions you initiate or receive. If taxes are applicable, you are responsible for reporting and/or remitting the correct tax amount to the appropriate tax authority.

Assumption of Risk

By accessing and using the Website, you declare that you possess the financial and technical acumen necessary to comprehend the inherent risks linked with using cryptographic and blockchain-based systems. Furthermore, you assert that you have a practical understanding of the usage and complexities of digital assets like matic (MATIC), stablecoins, and other digital tokens adhering to the Ethereum Token Standard (ERC-20), or standards of any other digital tokens transacted on TrotelCoin.

Specifically, you comprehend that the markets for these digital assets are in the early stages of development and are exceedingly volatile, influenced by various risk factors such as adoption, speculation, technology, security, and regulation. You acknowledge the possibility that individuals can create tokens, including fraudulent versions of existing tokens and tokens falsely asserting representation of projects. You also accept the risk that you might unintentionally trade such tokens or others. It's important to note that so-called stablecoins may not exhibit the stability they claim, might lack full or sufficient collateralization, and could be vulnerable to panics and runs.

Additionally, you grasp that smart contract transactions execute and settle automatically, and once confirmed, blockchain-based transactions become irreversible. You recognize and agree that the cost and speed associated with transactions on cryptographic and blockchain-based systems, like Polygon PoS, are subject to variability and could undergo significant increases unexpectedly.

If you engage as a liquidity provider to the Protocol through another websites, you comprehend that the value of your digital assets may decrease, potentially leading to a partial or complete loss, while they are provided to the Protocol. This reduction in value is attributed to the fluctuation of token prices within a trading pair or liquidity pool.

In conclusion, you recognize that we are not accountable for these factors or risks, do not possess or oversee the Protocol, and cannot be held responsible for any losses you may incur while accessing or using the Website. Consequently, you comprehend and consent to taking full responsibility for all the risks associated with accessing and using the Website to engage with the Protocol.

Third-Party Resources and Promotions

The Website might include references or links to third-party resources, such as information, materials, products, or services, which we neither own nor control. Additionally, third parties may present promotions related to your access and use of the Website. We do not endorse, monitor, approve, warrant, or take responsibility for any of these resources or promotions. If you decide to access such resources or engage in promotions, you do so at your own risk, and it's important to note that this Agreement does not govern your interactions or relationships with any third parties. You explicitly release us from any and all liability arising from your use of such resources or participation in promotions.

Release of Claims

You agree that you take on all the risks associated with accessing and using the Website. Additionally, you explicitly give up any claims or demands against us for any harm, legal actions, or damages connected to your use of the Website. If you live in California, you also relinquish the rights and safeguards provided by California Civil Code ยง 1542, which states: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Indemnity

You agree to protect, exempt, defend, and compensate us, along with our officers, directors, employees, contractors, agents, affiliates, and subsidiaries, from any and all claims, damages, responsibilities, losses, liabilities, costs, and expenses that may arise from: (a) your use of the Website; (b) your breach of any term or condition in this Agreement, the rights of any third party, or any other relevant law, rule, or regulation; and (c) any other individual's use of the Website facilitated by you or through any device or account under your ownership or control.

No Warranties

The Website is provided as it is and as available. To the fullest extent allowed by the law, we deny making any promises or guarantees, whether explicitly, implicitly, or according to the law, including (but not limited to) assurances of quality and suitability for a specific purpose. You recognize and agree that your use of the Website carries its own risks. We do not assert or guarantee continuous, uninterrupted, timely, or secure access to the Website; accuracy, reliability, completeness, or currency of the information on the Website; or freedom from errors, defects, viruses, or other harmful elements on the Website. Any advice, information, or statement we provide should not be considered as creating any assurance about the Website. We do not support, assure, or take responsibility for any advertisements, offers, or statements made by third parties regarding the Website.

In a similar manner, the Protocol is provided "AS IS," and you use it at your own risk, without any guarantees. Despite our initial code contributions to the Protocol, we do not own or control it. The Protocol operates independently through smart contracts on various blockchains, without any central oversight. Generally, the community of TROTEL token holders manages upgrades and modifications to the Protocol. No developer or entity involved in creating the Protocol will be responsible for any claims or damages related to your use, inability to use, or interactions with other Protocol users. This includes any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or loss of profits, cryptocurrencies, tokens, or any other valuable items. We do not support, assure, or take responsibility for any advertisements, offers, or statements made by third parties regarding the Protocol.

Limitation of Liability

In no circumstance will we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be held responsible for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for the loss of profits, goodwill, use, data, or other intangible property, arising from or related to any access or use of the interface. Additionally, we will not be held accountable for any damage, loss, or injury resulting from hacking, tampering, or unauthorized access or use of the interface or the information within it. Our liability is disclaimed for: (a) Errors, mistakes, or inaccuracies of content. (b) Personal injury or property damage resulting from any access or use of the interface. (c) Unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein. (d) Interruption or cessation of function related to the interface. (e) Bugs, viruses, trojan horses, or similar harmful elements that may be transmitted through the interface. (f) Errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the interface. (g) The defamatory, offensive, or illegal conduct of any third party.

Dispute Resolution

We will make every effort to settle any possible disagreements through informal and sincere discussions. If a disagreement arises, you should reach out to us by sending an email to [email protected], allowing us to try to resolve the matter without turning to formal dispute resolution. If an informal resolution is not achieved within sixty days of your email, both parties agree to address the potential dispute according to the process outlined below.

Any disagreement or issue arising from or related to the Website, this Agreement, or any acts or omissions for which you believe we are responsible, including (but not limited to) disputes about arbitrability ("Dispute"), will be conclusively and exclusively resolved through arbitration under the Arbitration Rules of a recognized arbitration center in France, such as the International Chamber of Commerce (ICC) International Court of Arbitration. You acknowledge the obligation to settle all Disputes through binding arbitration. The arbitration will be conducted confidentially by a single arbitrator, chosen in accordance with the selected arbitration center's rules. The arbitration proceedings will take place in France, unless both parties agree on a different location. Unless otherwise agreed, the arbitrator is not permitted to combine your claims with those of any other party. Any judgment based on the arbitrator's decision may be entered in any court with jurisdiction.

Class Action and Jury Trial Waiver

If you have any disagreements with us, you must address them as an individual and not as a participant in any supposed class action, collective action, private attorney general action, or other representative proceeding. This includes class arbitration. Both you and we agree to give up the right to request a trial by jury.

Governing Law

You agree that the laws of France, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Website shall be deemed to be based solely in France, and that although the Website may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside France. Any arbitration conducted pursuant to this Agreement shall be governed by the applicable rules of the selected arbitration center in France. You agree that the courts of France are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

Entire Agreement

These terms make up the complete agreement between you and us regarding the subject matter discussed here. This Agreement replaces any previous or concurrent written and oral agreements, communications, and other understandings (if any) concerning the subject matter of these terms.

Gas Fees

For blockchain transactions, it is necessary to pay transaction fees to the relevant network, known as "Gas Fees." Unless explicitly stated otherwise in the terms of another offer by TrotelCoin, you will be solely responsible for covering the Gas Fees for any transaction you initiate.