Updated as of 24 October 2022
- Access and eligibility
The Platform is available to users who successfully pass the know-your-customer (”KYC”) process facilitated by Onfido, our partner which provides AI-powered identity verification solutions. You agree to take full liability for your choice and use of the Platform.
The Company may change, modify, suspend or discontinue the Platform and these Terms at its discretion at any time, including the availability of any feature or content. The Company may also set limitations on certain features or restrict your access to parts or all of the Platform without notice or liability.
The Platform is NOT offered to persons or entities who reside in, or are citizens of Algeria, China, The Bahamas, Botswana, Malaysia, Mauritius, Pakistan, Thailand, Ecuador, Russian Federation, North Korea, Nepal, Bangladesh, Macedonia, Tunisia, United States of America, Mali, Nigeria, Egypt, Iraq, Qatar, Bolivia, Colombia, Indonesia, Iran, Albania, Belarus, Myanmar, Panama, Barbados, Burkina, Faso, Cambodia, Jamaica, Jordan, Morocco, Senegal, Uganda, Democratic Republic of the Congo, Ethiopia, Nicaragua, Syria, South Sudan, Afghanistan , Somalia , Cuba , Lebanon , Central African Republic, Libya, Yemen , Samoa, Zimbabwe, Ghana and any jurisdiction in which the crypto is prohibited, restricted or unauthorized in any form or manner whether in full or in part under the Laws, regulatory requirements or rules in such jurisdiction, or any other country or person which after the KYC process is deemed by White Knight Protection Inc. in its own discretion that it has high AML/CFT risks, or any Prohibited Localities, or to persons that have been have been previously classified or otherwise identified by international organizations or any state and governmental authorities of any jurisdiction, as belonging or affiliated with the persons specially designated or otherwise included in the Sanction Lists (“Restricted Persons”). We do not make exceptions. If you are a Restricted Person, then do not attempt to access or use the Platform by providing false, or inaccurate documents during the KYC process.
If you use the Platform, you expressly and accurately state that you: (a) are at least 18 years old; (b) don’t break any laws of your jurisdiction by using the Platform; (c) are not located, established or registered in any of the jurisdictions enlisted above titled “Prohibited Localities”.
You may not use the Platform if you are otherwise barred from using the Platform under the applicable law. You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to the Platform.
By using or accessing the Platform, you represent to us that you are not subject to the Sanction Lists and you are not a Restricted Person, as defined below. "Sanction Lists" means any sanctions designations listed on economic/trade embargo lists and/or specially designated persons/blocked persons lists published by the international organizations, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the lists of United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.
By using our platform you acknowledge and agree that swapping your USN tokens on a one-to-one basis for USDT on the Platform does not constitute an offer to sell or a solicitation of an offer to buy any security of Wight Knight Protection Inc., or its affiliates in any jurisdiction. Nothing on this Platform, individually or taken in the aggregate, constitutes an offer of securities for sale or a solicitation of an offer to buy any security in the United States, the United Kingdom, Hong Kong, Singapore or Japan or to US persons, or in any other jurisdiction in which such an offer or solicitation is unlawful.
We make no representations or warranties that the information, products, or services provided through the Platform, are appropriate for access or use in other jurisdictions. You are not permitted to access or use the Platform in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of the Platform to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
The Platform provides a technology interface to assist you in the swap of your USN tokens on a one-to-one basis for USDT. The process for interacting with the Platform is as follows:
as a first step, you are required to connect your NEAR wallet with the Platform;
after connecting your NEAR wallet, you will have to successfully pass the KYC process facilitated by Onfido; if you pass the KYC process, then your NEAR wallet will be whitelisted for conversion of your USN tokens to USDT and you will have to fill out a form made available to you on the Platform in order to send your USN tokens to Aurora Labs, the developing company in charge of the technical part of the project;
as a third step, an offline software operated by Aurora Labs that runs periodically, will detect your deposit, confirm the KYC status of your NEAR wallet, and will return an equivalent number of USDT tokens to the NEAR wallet from which the USN tokens were received.
At last, the Platform will show the status of your conversion, either as pending, completed or rejected. In the case of completion, you will find USDT in your NEAR wallet. In the case of rejection, you will need to contact Aurora Labs with your transaction ID in order to resolve whatever issue was found during the offline check.
- Using the Platform
The Platform's feature, software or content (the "Content") are the property of the Company, our licensors or third parties. We grant you limited, non-exclusive, non-transferable and revocable permission to make use of the Platform and limited, non-exclusive, revocable permission to make personal use of the features, software and Content (collectively, “Access”). This Access shall remain in effect until and unless your subscription terms end and Access is terminated by you or by the Company.
Using the Platform is only available for users that are not located in the Prohibited Localities and that pass the KYC process.
Upon termination of these Terms, any copyrights vested in the Content shall remain with the Company, our licensors or third parties. All licenses and permissions granted hereunder will automatically terminate when the Access has been terminated. You shall immediately cease your use of the Content. Your responsibility is to ensure that such unauthorized use of the Content will not happen. The Company also reserves the right at our sole discretion to: (a) request you to remove any such misused Content immediately, (b) limit, suspend or terminate your account, and (c) take technical and legal steps to keep you off the Platform; and (d) charge you for any damages and losses arising out of such unauthorized use.
You also agree (a) not to violate any laws in connection with your use of the Platform; (b) not to interfere with or try to disrupt the Platform, for example, by distributing a virus or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to promote their products; and (c) copy, sell, lease or otherwise provide access to the Platform to any third party.
You understand and agree that we do not have access to your private key and cannot initiate an interaction with your virtual currency or otherwise access your virtual currency. We are not responsible for any activities that you engage in when using your wallet, or the Platform.
The Company cannot and does not represent or guarantee that any of the information available through the Platform is accurate, reliable, current, complete or appropriate for your needs. Your use of any third party scripts, indicators, ideas and other content is at your sole risk.
You expressly understand and agree that your use of the Patform is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the Platform and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Platform’s code and any related information are accurate, complete, reliable, current or error-free.
- Limitations of Liability
You understand that our Platform is provided “as is,” with all faults and without any warranty (express or implied). TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, CONCERNING OUR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to use the Platform solely at your own risk. We do not guarantee that the results of using the Platform meets your expectations or that it is secure or available at any particular time or location. You understand that blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks.
Our liability is limited according to the provisions of these Terms. To the fullest extent permitted by law, you release us from any claims and demands, as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by the Company of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by the Company (or for which the Company provides no guarantees) under these Terms, or (b) for which the Company is otherwise indemnified or released by you under these Terms. Notwithstanding the aforementioned, the Company's liability to pay damages for any losses incurred by you as a result of a breach of contract, negligence or other tort committed by the Company, regardless of the theory of liability asserted, is limited to no more than the most recent three (3) months of you using the Platform.
You expressly agree that you assume all risks in connection with your access to and use of the Platform. Additionally, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of the Platform.
To the fullest extent permitted by law, you will defend, indemnify, and hold the Company harmless from any claim or demand made by any third party, as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Company, relating to or arising out of (a) your breach of these Terms, (b) your use (or misuse) of the Platform, or (c) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense.
- Governing Law and Dispute Resolution
These Terms, and all disputes and claims arising out of or in connection with these Terms or its subject matter or formation, including non-contractual disputes and claims, are governed by the laws of the British Virgin Islands without regard to its conflict of laws rules. These laws will apply no matter where you live or are located in the world. Notwithstanding the aforementioned, nothing in these Terms, including the aforementioned choice of law provision, affects your rights as a user to rely on any mandatory provisions of the country's law in which you are resident.
You and the Company: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Platform or any other disputes with the Company (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and the Company agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
You and the Company agree that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Company agree that a Dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You agree that will notify the Company, in writing, of any Dispute within thirty (30) days of when it arises so that you and the Company can attempt, in good faith, to resolve the Dispute informally. Notice to the Company shall be provided by sending an email to firstname.lastname@example.org. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and the Company cannot resolve the Dispute within thirty (30) days of the Company receiving the notice, either you or the Company may, as appropriate pursuant to this section, commence an arbitration proceeding. You and the Company agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Company agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. We may assign these Terms upon notice to you at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act concerning a breach by you or others does not waive our right to bear concerning subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
The Company reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective and shall be deemed accepted by you, the first time you use or access the Platform after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the Platform including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Platform.
If you have any questions about these Terms, please email us at email@example.com