ApeDax is a Digital Security Exchange based in Lithuania and registered with [xxxxxx]. This Terms of Use (“Terms of Use”, “Agreement”) document is entered into by you and ApeDax (“ApeDax”, “We” or “Us”). It contains terms and conditions you have agreed to abide by upon accessing the website of ApeDax or the mobile applications (“Platform” or "Site"). The terms govern the User’s access and use of the ApeDax ecosystem, including content, features, and functionality.

Please read these Terms of Use carefully. This Terms of Use is addressed to the user of the Platform (“User” or “You”). By signing up, accessing, using the Platform, or any associated websites, APIs, or the Services made available by ApeDax, you acknowledge that You have read, accepted, understood, and consented to be legally bound by these Terms of Use, the Privacy Policy, and all terms incorporated by reference in the foregoing.

Complete Terms of Use

1. Key Definitions

Capitalized terms not otherwise defined in these Terms of Use will have the following meaning:

a. “External Account” means any Digital Token Account from which you may transfer Digital Tokens to and from your ApeDax Account, as approved by ApeDax for the foregoing purposes.

b. “Fiat Currency” means any national currency.

c. “ApeDax Account” or “Account” means a user account accessible via the Services where Digital Tokens may be stored by ApeDax on behalf of a user.

d. “ApeDax Help Center” means ApeDax’s customer service center with address at [xxxxxxx] where you could get online support from ApeDax.

e. “Digital Tokens” or “Tokens” means Bitcoins, TKO, Ethereum, and other digital mediums of exchange that may be purchased, sold, or traded via the Services. In some jurisdictions also known as cryptocurrencies or crypto-assets.

f. “Digital Token Account” means any Digital Token address or account owned or operated by You that is maintained outside of the Services and is not owned, controlled, or operated by ApeDax.

g. “External Accounts” means any third party’s account or wallet outside the ApeDax Platform.

h. “Whitelist” means a list managed by ApeDax of Users who are entitled to access or buy the Digital Token and for the Users who are in the Whitelist shall be called as “Whitelisted”.

i. “KYC” or “Know Your Customer” means ApeDax’s obligation to carry out certain identity and background checks on the Users before using the Platform and the Services.

j. “Wallet Address” means a cryptographic public private key pair, typically used in the context of virtual assets for the purpose of holding digital tokens denominated in virtual assets.

k. “Investment/Deposit” means the Users will be depositing to the Project Token by swapping their USDT token.

l. “Application Date” means the date when the application form is open and the Users will be able to fill up the application.

m. “Sale Date” means the date when the Users will be able to do the Investment or Deposit into the Project Token.

n. “IDO” or “Initial Dex Offering” means a platform for crowdfunding for any new project launched on a decentralized exchange platform using coins or tokens.

o. “Project Token” means the token by a new project or vendor that will be offered during the IDO time.

p. “USDT” means stable coins.

2.      Creating an ApeDax Account

i) In order to access the ApeDax Site, you must register for an ApeDax account by providing your personal information (“Personal Information”), which includes your email address, password, and accepting the terms of this Agreement as well as our Privacy Policy and other derivative documents. We reserve the right at our sole discretion, to terminate your account if any violation of activities within the ApeDax Site is detected. When creating an ApeDax Account, You agree to: (a) create a strong password that You do not use for any other website or online service; (b) provide accurate, complete, and truthful information; (c) maintain and promptly update Your ApeDax Account information; (d) maintain the security of Your ApeDax Account by protecting your password and restricting access to Your ApeDax Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to Your ApeDax Account; and (f) take responsibility for all activities that occur under Your ApeDax Account and accept all risks of any authorized or unauthorized access to Your ApeDax Account, to the maximum extent permitted by law.

ii) You must provide any information required when creating an ApeDax Account or when prompted by any screen displayed within the Services. You hereby affirm and guarantee that all information provided via the Services is accurate and complete.

iii) To access the ApeDax Site, you must have the necessary equipment or device and the associated telecommunication service subscriptions to access the Internet.

iv) ApeDax may not extend the availability of the Services to all markets and jurisdictions and may restrict or prohibit use of the Services from certain jurisdictions (“Restricted Locations”). By using our services You further represent and warrant that You: (a) are at least 18 (eighteen) years old; (b) have not previously been suspended or removed from using our Services or other similar services provided by other parties; (c) have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which You are a party; (d) using our platform in Your own name and solely for Your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Restricted Locations (as defined above); (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms of Use; (g) are not a designated person under regulations issued pursuant to the lists of individuals or entities identified as Politically Exposed Person (“PEP”) or listed as terrorists or weapon of mass destruction individuals or entities related (any such list as updated from time to time and made available on the Internet through the official United Nations website at http://www.un.org/ and any other relevant list); and (h) have read and understood these Terms of Use and the Risk Disclosure Statement.

v) In order to access ApeDax Site services, You will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which You access ApeDax Site safe and maintaining adequate security and control of any and all security details that You use to access the ApeDax Services and/or Platform. This includes taking all reasonable steps to avoid the loss, theft, or misuse of such electronic devices and ensuring that such electronic devices are encrypted and password protected. Avoid writing them down or making them visible to others. You must keep your security details safe at all times. You are solely responsible for doing all things and taking all actions necessary to monitor and secure Your ApeDax Account, and to enable or receive financial or other benefits made available to Digital Token holders. You must not create security or any other collateral interest over the Digital Tokens in your ApeDax Account except with prior written consent from ApeDax.

Additionally, by agreeing to these Terms of Use you certify that you pursue participation in blockchain-based networks as a part of your professional activity and are familiar with digital tokens or cryptographic tokens and trading in them and the risks attached to them and their trading, including but not limited to the risks highlighted in the Risk Disclosure Statement.

3. Identification and Verification

i) We will require you to pass identity verification prior to allowing you to use ApeDax, participate in any sale or distribution of Tokens, receive any distribution of Tokens, and at any moment thereafter.

ii) For the purposes of this Policy, we may require you to provide us with the following information: first name, last name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and, if applicable, information regarding your bank account (such as the name of the bank, the account type, routing number or SWIFT, and account number). Also, we may request from you your driving license or any other national ID, internal or international passport, bank statement, utility bill, tax document, and/or other documents that we consider necessary for your identification. We may request from you video identification or your selfie with a specified ID or passport. Our Help Centre may at its discretion request any additional information or documentation from you at any time that is required to facilitate the verification, registration process, or operation-related issue.

iii) When you act on behalf of an entity, we may require such entity to pass entity verification before being permitted to use ApeDax, participate in any sale or distribution of Tokens, receive any distribution of Tokens, and at any moment thereafter. In this case, we may require you to provide us with the following information: business name of the entity, registry code or registration number and the date of registration; ID of the shareholders (same as for the natural person identification), the ID of the director(s) and/or members of the management board (same as for the natural person identification), ID’s of the representatives (same as for the natural person identification), proof of the registered office/seat of the entity, ID’s of the beneficial owners (same as for the natural person identification), certificate of good standing, bank statements, proof of representation and powers, articles of association and/or other information and documents that we consider necessary. Our Help Centre may at its discretion request any additional information or documentation from you at any time that is required to facilitate the verification, registration process or operation related issue.

iv) The submitted documents (other than driving license, national ID, internal or international passport) should be issued no more than three months prior to the date of identification and should list your name and your current address. By providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information or document you provide changes.

v) You acknowledge and agree that we may use subcontractors for the purpose of your identity verification. In this case, processing of the requested information and documents would be governed by such subcontractor’s privacy policy and you would be able to read such privacy policy before you submit any information.

vi) You hereby agree to provide us or our subcontractors with the information we or our subcontractors request and you hereby permit us and our subcontractors to keep a record of such information.

vii) You authorise us and our subcontractors to make inquiries, whether directly or through third parties, that we and our subcontractors consider necessary to verify your identity, to ensure enforcement of geographic restrictions or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.

viii) We retain the right to verify your identity on an ongoing basis, including but not limited to cases where your identification information has been changed or your activity seemed to be suspicious (unusual for you). We reserve the right to request up-to-date documents from you and/or the represented entity, even if you have previously passed identity verification.

4. Suspension, Termination, and Cancellation

(i) We may: (a) refuse to complete or cancel your registration; (b) suspend, restrict or terminate your access to any or all of the ApeDax Site services; and/or (c) deactivate your account with immediate effect for any reason, including but not limited to where: • We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction; • We reasonably suspect you of acting in breach of this Agreement; • We have concerns that an activity is erroneous or about the security of your account or we suspect that the ApeDax Site services are being used in a fraudulent or unauthorized manner; • We suspect money laundering, terrorist financing, fraud, or any other financial crime; • Use of your account is subject to any pending litigation, investigation or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; • You take any action that may circumvent the controls of ApeDax, such as abusing promotions which we may offer from time to time; and/or • A Force Majeure event occurs.

(ii) We may suspend, restrict, or terminate your access to any or all of the ApeDax Site services and/or deactivate or cancel your ApeDax account, without notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your ApeDax account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you and for such suspension, restriction, and/or termination, the following events will occur: • All amounts payable by you to ApeDax will immediately become due; • ApeDax may cancel any open orders or other transaction requests that are pending at the time of discontinuation or termination or deletion or deactivation; • ApeDax will, where possible, return any Digital Tokens stored in your ApeDax Account not otherwise owed to ApeDax and/or will use commercially reasonable efforts to provide you with a period of 90 (ninety) days to transfer affected Digital Tokens from your ApeDax Account, unless prohibited by applicable laws or regulations or by order of law enforcement or governmental authority, or ApeDax believes you have committed fraud, negligence or other misconduct; and/or • ApeDax may take such other steps as ApeDax deems necessary or desirable to protect its own interests.

We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.

(iii) We may, at any time and in the sole discretion of ApeDax, refuse any trade submitted via the Platform, impose limits on the trade amount permitted via the Platform or impose any other conditions or restrictions upon your use of the Platform without prior notice.

(iv) All trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade in the case of obvious error or if required by any applicable law or regulation or under certain extraordinary conditions, customers do not have the right to a reversal of a trade.

(v) Discontinuance of Services. We may, in ApeDax's sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of ApeDax Services and/or Platform, which may include but is not limited to suspending trading in or ceasing to offer Services in respect of any of the Digital Tokens or prohibiting use of the Services in or from certain jurisdictions. Unless ApeDax notifies you or makes a public statement to the contrary, ApeDax does not support related side chains or other underlying technology of Digital Tokens that are based on a fork, enhancement, or derivative of a different Digital Token or the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) used to administer, create, issue, transfer, cancel, use or transact in any Digital Token (“Derivative Protocols”), even if such is based on a Digital Token that is supported by ApeDax, and you should not use your ApeDax Account to attempt to transfer, store, trade or engage in any other type of transaction based on such Derivative Protocols. ApeDax will have no responsibility or liability whatsoever for any losses or damages in respect of any Derivative Protocol.

5. Anti-Money Laundering, Countering the Financing of Terrorism (“AML/CFT”) and Know Your Customer (“KYC”) Compliance Policy

(i) ApeDax maintains AML/CFT and KYC policies subject to periodic updates. Pursuant to such policy, ApeDax may, in its discretion, require identity verification and go through other screening procedures with respect to you or transactions associated with your ApeDax Account. You agree and undertake to provide ApeDax with any and all information and documents that ApeDax may from time to time request or require for the purposes of these Terms of Use or in connection with your ApeDax Account (including, but not limited to, your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Digital Token Account). ApeDax will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.

(ii) In adherence to the AML/CFT policy, ApeDax may, in its discretion, carry out continuous monitoring of all ApeDax Accounts. If any unusually large or unusual patterns of trades or any inexplicable or suspicious circumstances are observed, ApeDax may, in its discretion, place an administrative hold on or freeze your ApeDax Account. You agree that ApeDax will have no liability or responsibility for any permanent or temporary inability to access or use any Service caused by such action.

(iii) To maintain AML/CFT and KYC processes and policies, ApeDax may engage any third parties to carry out such obligations on behalf of ApeDax.

6. ApeDax Account

(i) In order to place or match an order or trade via the Platform, you must first transfer Digital Tokens to your ApeDax Account using one of the approved External Accounts identified via the Platform. You may be required to verify that you control the External Account that you use to transfer Digital Tokens to your ApeDax Account. You may be charged fees by the External Account you use to transfer Digital Tokens to your ApeDax Account. ApeDax is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account. The timing associated with a transaction for the transfer of Digital Tokens to or from an External Account will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and ApeDax makes no guarantee regarding the amount of time it may take to transfer Digital Tokens into your ApeDax Account

(ii) Provided that the balance of Digital Tokens in your ApeDax Account is greater than any minimum balance requirements needed to satisfy all of your open orders and trades and any fees payable to ApeDax, and subject to your compliance with all identity verification and other screening procedures and your satisfaction of all requirements under ApeDax’s AML/CFT policy, ApeDax may (but is not obligated to) agree to your request to transfer any amount of Digital Tokens, up to the total amount of Digital Tokens in your ApeDax Account in excess of such minimum balance requirements, from your ApeDax Account to an External Account, less any fees charged by ApeDax for such transactions. 

(iii) When you request that we transfer Digital Tokens into your ApeDax Account from your External Account or request that we transfer Digital Tokens to your External Account from your ApeDax Account, you authorize ApeDax to execute such transaction via the Platform. 

(iv) Rejected Transactions. In some cases, the External Account may reject your Digital Tokens or may otherwise be unavailable. You agree that you will not hold ApeDax liable for any loss resulting from such rejected transactions. 

(v) You hereby represent and warrant that any Digital Tokens transferred to your ApeDax Account from an External Account or otherwise used by you in connection with the Platform are owned by you legally and beneficially, and that all orders, trades, and transactions initiated with your ApeDax Account are for your own account and not on behalf of any other person or entity. 

(vi) If for any reason ApeDax is holding Digital Tokens in your ApeDax Account, such Digital Tokens remain unclaimed, and ApeDax is unable to return your Digital Tokens to your designated External Account after a period of 2 (two) years after your last login to ApeDax or any specified period notified by ApeDax, and ApeDax determines in good faith that it is not able to trace you, you agree that all such Digital Tokens shall be deemed to have been abandoned by you in favor of ApeDax and may be appropriated by ApeDax to and for itself, and you thereafter shall have no right to claim such Digital Tokens. 

(vii) If ApeDax receives notice that any Digital Tokens held in your ApeDax Account are alleged to have been stolen or unlawfully possessed by you, ApeDax may, but has no obligation to, place an administrative hold on or freeze the affected Digital Tokens or your ApeDax Account. If ApeDax does place an administrative hold on or freeze some or all of your Digital Tokens, ApeDax may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to ApeDax has been provided to ApeDax in a form acceptable to ApeDax. ApeDax will not involve itself in any such dispute or the resolution of the dispute. You agree that ApeDax will have no liability or responsibility for any losses, damages, or prejudice arising from or in connection with such hold or freeze, or for your inability to withdraw Digital Tokens or execute trades during the period of any such hold or freeze. 

(viii) It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that ApeDax is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.

7.      Acceptable Use 

(i)You agree that You will not violate any law or any contractual, intellectual property or other third-party right or commit a tort, and that You are solely responsible for Your conduct while using ApeDax’s Services. Without limiting the generality of the foregoing, You agree that You will not:

(a) Use ApeDax’s Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of ApeDax’s Services or bring disrepute to the Services in any manner;

(b) Use ApeDax’s Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to Your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Digital Token); money-laundering; or terrorist activities; or other illegal activities;

(c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access ApeDax’s Services or to extract data;

(d) Use or attempt to use another user’s account without authorization;

(e) Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of ApeDax’s Services that You are not authorized to access;

(f) Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;

(g) Develop any third-party applications that interact with ApeDax’s Services without our prior written consent;

(h) Provide false, inaccurate, or misleading information; and/or

(i) Encourage or induce any third party to engage in any of the activities prohibited under this section.

8.      Fees 

 (i) You agree to pay the fees for trades completed via our Platform (“Fees”) as made available and will be updated from time to time. Changes to the Fees are effective immediately upon the changes made by ApeDax.

(ii) In addition to the Fees, Your External Account may impose fees in connection with Your use of Your designated External Account via the Platform. Any fees imposed by Your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.

(iii) You authorize Us, or our designated payment processor, to charge or deduct Your ApeDax Account Digital Tokens for any applicable Fees owed in connection with trades You complete via the Services.

9.      Privacy Policy and Risk Disclosure

(i) You acknowledge that We are required to collect and use Your Personal Information to keep the improvement and running the business. Please refer to ApeDax Privacy Policy for information about how we collect, use and disclose your personal data.

(ii) You acknowledge that Digital Token values can fluctuate greatly in value depending on market conditions. Hereby the User warrants that You are aware

of the volatile nature of Digital Token, and holds ApeDax harmless for any loss or damages arising from such volatility. Please refer to and check the ApeDax Risk Disclosure Statement to access Platform made available by ApeDax.

10.  Liability

(i) You agree that neither We nor ApeDax’s affiliates or service providers, nor any of ApeDax’s respective officers, directors, employees, and representatives will be liable for any claims, demands, and damages (actual and consequential) of any kind or nature rising out of or in any way connected with such disputes.

(ii) You agree to indemnify and hold harmless Us, ApeDax’s affiliates and service providers, and each of ApeDax’s or their respective officers, directors, employees, and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with (a) Your use of, or conduct in connection with, ApeDax Services; (b) any Feedback you provide; (c) any claims, demands or damages arising out of or related to your breach; and/or (d) enforcement of this Agreement or violation of any law, rule or regulation, or the rights of any third party.

(iii) We (including ApeDax directors, officers, members, employees, agents, and its affiliates) shall only be liable to You for loss or damage caused directly and reasonably foreseeable by ApeDax’s breach of this Agreement. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Tokens that You may purchase or sell to or from a user of the Services. We are not responsible for ensuring that a third-party buyer or a seller You transact with will complete a trade or transaction or is authorized to do so. If You experience a problem with any Digital Tokens or services purchased from, or sold to, a user using the Platform, or if You have a dispute with such user, You should resolve the dispute directly with that user. If you believe a user has behaved in a fraudulent, misleading, or inappropriate manner, You may notify ApeDax Help Center. You acknowledge that there is no guarantee fund established or other arrangement in place to cover or compensate You for any pecuniary loss suffered by You as a result of any defaults by or the insolvency of any other users of the Platform.

(iv) The ApeDax Site services are provided on an "as is" and "as available" basis without any representation or warranty, whether expressed or implied, to the maximum extent permitted by applicable law: specifically, We disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the ApeDax Site, any of the ApeDax Platform, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. You acknowledge that information You store or transfer through ApeDax Platform may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, Force Majeure events or other disasters including third party distributed denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside ApeDax control. You are solely responsible for backing up and maintaining duplicate copies of any information You store or transfer through ApeDax Platform. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by Us. You acknowledge and agree that We are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the ApeDax Site.

(v) ApeDax Site is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect Your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS (short message services) and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Us. ApeDax customer support will never ask to screen share or otherwise seek to access Your computer or account.

(vi) We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond ApeDax’s control, the consequences of which would have been unavoidable despite all efforts to the contrary, nor are We liable where the breach is due to the application of mandatory legal rules.

11.  Your Representations and Warranties

By accessing the Platform and/or using the Services, you represent and warrant the following:

(i) There is a risk of losing cryptocurrency & other digital tokens of value when using the Service and ApeDax has no responsibility to You for any such loss;

(ii) Your use of the Service is at Your sole option, discretion and risk;

(iii) You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by You through Your use of the Services;

(iv) The telecommunications networks, blockchain networks (such as Binance and Ethereum) and internet access services required for You to access and use the Services are entirely beyond ApeDax’s control and ApeDax shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and

(v) You are eligible to use and access the Platform as stipulated in Section 3 of this Terms of Use.

12.  User Feedback, Queries, and Complaints

(i) When You contact Us please provide Us with Your name, address, and any other information We may need to identify You, Your ApeDax Account, and the activity on which You have feedback, questions, or complaints.

(ii) We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, complaints, and ideas or other information or materials that You provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback You submit is non-confidential and shall become the sole property of ApeDax. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You waive any rights You may have to the Feedback (including any copyrights). Do not send Us Feedback if You expect to be paid or want to continue to own or claim rights in them. You also acknowledge and agree that We have the right to disclose your identity to any third party. We have the right to remove any posting You make on ApeDax Platform if, in ApeDax’s opinion, Your post or Feedback does not comply with the content standards set out in ApeDax policies, including this Terms of Use.

(iii) In the event of a complaint, please set out the cause of Your complaint, how You would like Us to resolve the complaint and any other information You believe to be relevant. We will acknowledge receipt of Your complaint. A User complaints officer ("Officer") will consider Your complaint. The Officer will consider Your complaint without prejudice based on the information You have provided and any information provided by ApeDax. Within 15 (fifteen) business days of our receipt of Your complaint the Officer will address all points raised in Your complaint by sending You an email ("Resolution Notice") in which the Officer will: (i) offer to resolve Your complaint in the way You requested; (ii) make a determination rejecting Your complaint and set out the reasons for the rejection; or (iii) offer to resolve Your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to Your complaint within 15 (fifteen) business days for reasons beyond ApeDax's control, the Officer will send You a holding reply indicating the reasons for a delay in answering Your complaint and specifying the deadline by which the Officer will respond to Your complaint, which will be no later than 35 (thirty-five) business days from our receipt of your complaint.

(iv) Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

13.  Copyrights and Other Intellectual Property Rights

(i) Unless otherwise indicated by Us, all copyright and other intellectual property rights in all content and other materials contained on ApeDax Platform or provided in connection with the Services, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof of ApeDax or its affiliates (collectively, “ApeDax Materials”) are the proprietary property of ApeDax or ApeDax’s licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.

(ii) We hereby grant You a limited, nonexclusive and non-sublicensable license to access and use the ApeDax Materials for Your personal use within accessing the Services. Such license is subject to this Terms of Use and does not permit (a) any resale of the ApeDax Materials; (b) the distribution, public performance or public display of any ApeDax Materials; (c) modifying or otherwise making any derivative uses of the ApeDax Materials, or any portion thereof; or (d) any use of the ApeDax Materials other than for their intended purposes. The license granted under this section will automatically terminate if We suspend or terminate Your access to the Services.

14.  Electronic Communications

(i) You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that ApeDax provides in connection with Your ApeDax Account and/or use of the ApeDax Services. You agree that ApeDax may provide these Communications to You by posting them via the Services, by emailing them to You at the email address you provide. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.

(ii) You may withdraw your consent to receive electronic Communications by contacting ApeDax Help Center. If you decline or withdraw consent to receive electronic Communications, ApeDax may suspend or terminate your use of the Services.

(iii) It is your responsibility to keep Your email address on file with ApeDax up to date so that ApeDax can communicate with you electronically. You understand and agree that if ApeDax sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic Communications, ApeDax will be deemed to have provided the Communication to You. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, You must add ApeDax to Your email address book so that You will be able to receive the Communications we send to You. You can update your email address at any time by logging into Your ApeDax Account or by contacting ApeDax Help Center. If your email address becomes invalid such that electronic Communications sent to You by ApeDax are returned, ApeDax may deem Your account to be inactive, and You may not be able to complete any transaction via ApeDax Services until We receive a valid, working email address from You. We shall not be liable for any failure of communication (for any reason).

15.  Miscellaneous 

(i) If you receive information about another user through the ApeDax Site, you must keep the information confidential and only use it in connection with the ApeDax Site. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to affect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless You receive the user's express consent to do so. You may not send unsolicited email to a user through the ApeDax Site.

(ii) If You suspect that your ApeDax account or any of your security details have been compromised or if You become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting You and/or ApeDax (together a "Security Breach"), You must notify ApeDax Help Center as soon as possible and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that We reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in ApeDax’s determination of the appropriate resolution of the matter.

(iii) This Terms of Use contain the entire agreement, and supersede all prior and contemporaneous understandings between You and ApeDax regarding the Services. This Terms of Use do not alter the terms or conditions of any other electronic or written agreement You may have with ApeDax for the Services or for any other ApeDax product or service or otherwise. In the event of any conflict between this Terms of Use and any other agreement You may have with ApeDax, the terms of that other agreement will prevail only if this Terms of Use are specifically identified and declared to be overridden by such other agreement.

(iv) We reserve the right to make changes or modifications to this Terms of Use from time to time, in ApeDax’s sole discretion. If we make changes to this Terms of Use, We will provide You with notice of such changes, such as by sending an email, providing notice on the homepage of our website and/or by posting the amended Terms of Use via the applicable ApeDax Platform and updating the “Last Updated” date at the top of this Terms of Use. The amended Terms of Use will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms of Use will become effective for pre-existing users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of ApeDax Platform and/or Services after such changes. Any amended Terms of Use will apply prospectively to use of the Services after such changes become effective in accordance with this Terms of Use. If You do not agree to any amended terms, You must discontinue using ApeDax Platform and Services and contact Us to terminate Your Account.

(v) You may not assign or transfer any of Your rights or obligations under this Terms of Use without prior written consent from ApeDax, including by operation of law or in connection with any change of control. ApeDax may assign or transfer any or all of its rights under this Terms of Use, in whole or in part, without obtaining Your consent or approval.

(vi) Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement. If any terms in this Agreement require any further interpretation, You agree to use the interpretation applied by ApeDax.

(vii) If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.

(viii) ApeDax shall not be liable for (a) any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under this Terms of Use; (b) any loss or damage in any and all cases arising from any event beyond ApeDax’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of Digital Tokens, the Services and/or the ApeDax Accounts and Digital Tokens held therein, or equipment or software malfunction or any other cause beyond ApeDax’s reasonable control (each, a “Force Majeure”).

(ix) We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and We may enforce ApeDax’s rights strictly again at any time.

(x) All provisions in this Terms of Use shall survive any termination or expiration of this Terms of Use as long as it is relevant.