Terms of Use
Effective from:
These Terms and Conditions establish a legally binding agreement between you ("you" or "your") and MoonBags ("MoonBags," "we," "our," or "us"). The terms govern your use of MoonBags services, whether accessed through the Platform or other means. The MoonBags services may be provided by MoonBags directly.
By accessing MoonBags or utilizing its services, you acknowledge that you have read, understood, and agreed to these Terms, along with any supplementary documents. You confirm that you will comply with these Terms, which may be updated or revised periodically.
If you do not fully comprehend or accept these Terms, do not use the Platform.
Risk Disclosure
Digital assets are subject to significant price fluctuations, and engaging in their trade, holding, or investment carries a substantial risk of financial loss. You should assess whether engaging in digital asset transactions aligns with your financial situation and risk tolerance.
Ensure you thoroughly understand the associated risks before utilizing the MoonBags Platform and its services.
You acknowledge that we do not serve as your financial broker, agent, or advisor and that we have no fiduciary duty towards you in relation to your activities on the MoonBags Platform. We do not offer financial or investment advice, and any information provided by us should not be construed as such.
You are solely responsible for evaluating whether a digital asset transaction suits your investment objectives and risk tolerance. We do not recommend purchasing, selling, or holding any specific digital asset. Before engaging in any transaction, conduct your due diligence and consult a financial advisor. We are not liable for any losses resulting from your decisions regarding digital asset transactions.
1. Introduction
1.1. MoonBags operates as a token launchpad designed to equip creators with advanced coding infrastructure for token deployment.
1.2. By accessing the MoonBags Platform, you enter into a binding agreement with us, and these Terms dictate your use of our services.
1.3. You must carefully review these Terms and all referenced documents. If you have any questions, seek clarification before proceeding.
1.4. You acknowledge that you will be bound by, and agree to comply with these Terms, including any additional terms and conditions that apply to your use of MoonBags Platform.
2. Eligibility
2.1. To access and use the MoonBags Platform, you must:
a. Be an individual, entity, legal person, or organization with the legal capacity to (i) utilize the MoonBags Platform and (ii) accept and fulfill your obligations under these Terms;
b. If representing a legal entity, you must have the proper authorization to act on its behalf and bind it to these Terms;
c. Not reside in, be incorporated in, or conduct business operations in:
i. A jurisdiction where using the MoonBags Platform would violate applicable laws, or cause MoonBags or any third party to be non-compliant with such laws; or
ii. A country listed in our List of Prohibited Countries.
2.2. We reserve the right to modify our eligibility requirements at our discretion. While we aim to provide notice in advance, immediate changes may be required due to regulatory updates or other critical factors. This may include where:
a. We are implementing the change due to legal and/or regulatory requirements;
b. The modifications are intended to benefit you; and/or
c. There is another legitimate reason that prevents us from providing prior notice.
We are unable to notify you in advance, we will inform you of the change as soon as reasonably possible after it has been made.
3. Use of MoonBags
3.1. Access to the MoonBags Platform is granted at our sole discretion. We may refuse access or impose restrictions at any time without explanation.
3.2. You must not submit, share, or publish content on the MoonBags Platform that is misleading, offensive, defamatory, or in violation of applicable laws. Violating this clause may lead to account restrictions or termination.
3.3. You must not use external platforms or media to disseminate false, misleading, or defamatory information related to digital assets created on the MoonBags Platform. Doing so may result in restrictions or termination of your access.
4. Fees & Calculations
4.1. The applicable fees for using the MoonBags Platform can be found here.
4.2. You agree to settle all relevant fees associated with your use of the MoonBags Platform as required during your transactions on the platform.
4.3. You authorize us to deduct any applicable fees, commissions, interest, charges, and other outstanding amounts directly from the Wallet you have linked to the Moonbags Platform under these Terms.
4.4. Fee Adjustments: We reserve the right to modify our fees periodically, in accordance with Clause 10.4 of these Terms.
4.5. Calculations: Any computations performed by MoonBags concerning your activities on the MoonBags Platform shall be deemed final and binding unless a Manifest Error (a clear and indisputable mistake) is identified.
5. Data & Records
We keep your personal data to facilitate your continued use of the MoonBags Platform and to comply with legal obligations, such as tax regulations and anti-money laundering requirements.
6. Transactions
6.1. You acknowledge and agree that if you engage in any transaction on the MoonBags platform with deceptive intent or if a transaction occurs due to an evident mistake, MoonBags is authorized—without requiring any compensation, penalty, or liability on its part, provided that such action complies with applicable laws - to void or reverse the transaction to the extent possible. Additionally, MoonBags may take any actions it deems necessary and treat the transaction as if it never occurred.
6.2. In accordance with these Terms and Applicable laws, we may be required to disclose information regarding your activities on the MoonBags platform to third parties or other entities within the MoonBags network. You acknowledge and agree that we are authorized to share such information when legally required.
6.3. We do not guarantee that any transaction initiated by you on the MoonBags platform will be successfully processed or completed within a specific timeframe. Transactions may be subject to external factors, including but not limited to network conditions, liquidity constraints, and compliance requirements.
6.4. You grant us permission (but do not obligate us) to retain transaction records for as long as necessary to fulfill their intended purpose or as mandated by applicable laws and regulatory requirements.
6.5. Your usage of the MoonBags platform may be subject to restrictions set by MoonBags at its sole discretion and may be adjusted from time to time.
7. Submissions of Instruction
7.1. You are responsible for ensuring that any instruction you submit on the MoonBags platform is accurate and complete. We are not obligated to verify the accuracy, authenticity, or validity of any instruction, nor are we required to monitor or reject instructions that may appear to be duplicates. However, if there is any uncertainty regarding an instruction’s accuracy, authenticity, or validity, we reserve the right to reject, delay, or request additional information before processing it.
7.2. Once an instruction has been submitted, it is considered final and cannot be revoked or modified without our explicit written approval. An instruction is not deemed received by MoonBags until it has been successfully recorded by our servers. Our records of all submitted instructions shall be final and binding on you for all purposes.
7.3. By submitting an instruction, you authorize us to initiate the corresponding transaction. This authorization includes the right to credit or debit your digital assets from your connected wallet, or provide relevant transaction details to third parties to facilitate such transfers. If your wallet does not contain sufficient digital assets to execute a transaction, including any applicable fees, we reserve the right to decline the transaction. MoonBags may also refuse to process an instruction in accordance with these Terms. It is your responsibility to maintain a sufficient balance of digital assets in your wallet to facilitate transactions.
7.4. You acknowledge that instructions and other information transmitted through the MoonBags platform, including via email, may travel over public networks and international infrastructures that are not fully secured. While we implement reasonable security measures, we cannot guarantee complete protection against unauthorized access, and you accept the risks associated with transmitting information through such means.
8. Security
8.1. You are solely responsible for implementing appropriate measures to safeguard your devices and data against viruses, malware, and other harmful software. Additionally, except where required by applicable law, you are responsible for backing up and maintaining copies of any data you store or transfer through the MoonBags platform. We bear no responsibility for any losses or claims arising from your failure to comply with these security measures.
8.2. You, along with any authorized users, must maintain strict security and control over all credentials and access methods used to interact with the MoonBags platform. To ensure security, you must:
a. Adhere to all security guidelines, mechanisms, and procedures specified by MoonBags.
b. Avoid granting remote access to your device or sharing your screen with any unauthorized individual while logged into the MoonBags platform.
c. Never disclose your passwords, two-factor authentication (2FA) codes, or any other sensitive access credentials, as we will never request such information.
8.3. You must keep your access credentials secure and protected against unauthorized access or cyber threats.
8.4. It is vital that you regularly review your transaction history and activity logs to detect any unauthorized or suspicious activity on your account. You acknowledge that any security breach may lead to unauthorized access, resulting in the potential loss or theft of your digital assets from your wallet or linked accounts.
8.5. If you suspect a security breach, you must:
a. Notify us immediately and continue to provide accurate and up-to-date information throughout the investigation. b. Follow any additional measures we may reasonably require to mitigate, report, or manage the security breach.
8.6. We reserve the right to request relevant information or documents concerning any actual or suspected security breach. You acknowledge and agree that we may share this information with third parties as necessary to investigate and address the issue.
9. Privacy
9.1. Our handling of personal data in relation to your use of the MoonBags platform is outlined in our Privacy Policy, which is updated periodically. You acknowledge that we may process personal data that you provide or that we collect in accordance with this Privacy Policy, which is considered an integral part of these Terms.
9.2. You confirm and warrant that:
a. You have read and understood our Privacy Policy. b. You understand that we may update our Privacy Policy to reflect changes in our business operations. If we provide an updated version, you agree to review it promptly.
10. Amending the Terms
10.1. We reserve the right to update these Terms and any related policies at any time. Your continued use of the MoonBags platform constitutes acceptance of any modifications. Any updates will be published on our website, and we may also notify users through other communication channels at our discretion.
10.2. While we will endeavor to inform users in advance of any changes, there may be instances where modifications take effect immediately, such as:
a. When changes are necessary to comply with legal or regulatory requirements.
b. When amendments are made for the purpose of clarifying the Terms.
10.3. If you do not accept the revised Terms, you must discontinue using the MoonBags platform. Your continued access or use of the platform will be deemed as acceptance of the updated Terms.
10.4. We may also adjust the fees associated with using the MoonBags platform, which may include introducing new charges. If you do not agree to the revised fees, you should stop using the platform. Otherwise, your continued use will indicate your acceptance of the updated fee structure.
11. Termination, Suspension, and Restrictions
15.1. Termination, Suspension, and Restrictions
We reserve the right to modify or discontinue any part or feature of the MoonBags Platform at any time, either temporarily or permanently. Specifically, we may: (i) refuse to process, block, cancel, or, where permitted by applicable law, reverse (to the extent possible) any action you have taken; (ii) terminate, suspend, or restrict your access to any or all parts of the MoonBags Platform; (iii) decline to relay information or instructions to third parties (including but not limited to third-party Wallet providers); and/or (iv) take any necessary actions as we see fit, with immediate effect, for any reason, including but not limited to:
a. You are, or have become, ineligible to use the MoonBags Platform.
b. We have reasonable grounds to believe that:
i. The individual accessing the MoonBags Platform using your Wallet is not you, or we suspect that you have engaged, or are likely to engage, in illegal, fraudulent, or unauthorized activities on the MoonBags Platform.
ii. The information you have provided is incorrect, misleading, outdated, or incomplete.
c. We have valid concerns regarding your financial standing or creditworthiness.
d. We determine that we are legally required to take such action in compliance with applicable laws, regulations, court orders, or directives from regulatory or governmental authorities in any relevant jurisdiction.
e. We have reason to believe or suspect:
i. That you have breached these Terms.
ii. That any activity conducted on the MoonBags Platform or through your Wallet is unauthorized, erroneous, fraudulent, or unlawful.
iii. That your use of the MoonBags Platform is associated with money laundering, terrorist financing, fraud, or other criminal activity.
We will take reasonable steps to provide you with notice where possible.
11.2. You acknowledge and agree that:
a. The reasons listed above for terminating, suspending, or restricting access are not exhaustive. b. Our decisions regarding termination, suspension, or restrictions may be based on internal security and risk management criteria, which we are not obligated to disclose.
11.3. If your access to the MoonBags platform is terminated, suspended, or restricted:
a. Any open transactions may be closed either by you or by us, depending on the circumstances. b. You authorize us to deduct any outstanding costs and fees from the digital assets in your connected wallet.
11.4. If we receive credible information indicating that your digital assets have been obtained unlawfully or are involved in a dispute, we may, at our discretion, terminate your access to the MoonBags platform. However, we are not obligated to intervene in any disputes concerning ownership or transactions related to your digital assets.
12. Terminations, Suspensions and Restrictions
12.1. We may, at any time, modify or discontinue, whether temporarily or permanently, any feature or portion of the MoonBags Platform. Specifically, we may: (i) refuse to process, block, cancel, or, where permitted by Applicable Law, reverse (to the extent possible) any transaction or action you have undertaken; (ii) terminate, suspend, or restrict your access to any or all of the MoonBags Platform; (iii) refuse to transmit information or instructions to third parties (including but not limited to third-party Wallet operators); and/or (iv) take any other action we deem necessary, in each case with immediate effect and for any reason, including but not limited to where:
a. You are not, or are no longer, eligible to use the MoonBags Platform.
b. We have reasonable grounds to suspect that:
i. The person accessing the MoonBags Platform using your Wallet is not you, or we suspect that you have engaged in, or will engage in, illegal, fraudulent, or unauthorized activities on the MoonBags Platform.
ii. The information you have provided is false, misleading, outdated, or incomplete.
c. We have reasonable concerns about your creditworthiness or financial standing.
d. We reasonably determine that we are required to take such action due to compliance with Applicable Law, or any legal, regulatory, or governmental authority to which we are subject in any jurisdiction.
e. We have determined or suspect:
i. That you have violated these Terms.
ii. That your activities on the MoonBags Platform are unauthorized, erroneous, fraudulent, or unlawful, or that your Wallet is being used in a fraudulent, unauthorized, or unlawful manner.
iii. That there is evidence of money laundering, terrorist financing, fraud, or any other illicit activity associated with your use of the MoonBags Platform.
f. Your use of the MoonBags Platform is subject to pending, ongoing, or potential litigation, regulatory investigation, or legal proceedings and/or we perceive an increased risk of regulatory or legal non-compliance related to your usage of the MoonBags Platform.
g. You have outstanding amounts owed to us that remain unsettled, whether due to a chargeback or for any other reason.
h. You have taken actions intended to bypass or circumvent our security controls without prior written approval.
i. There is any other valid reason that necessitates our action.
f. Your use of the MoonBags Platform is involved in, or subject to, any pending, ongoing, or potential legal action, investigation, or judicial, governmental, or regulatory proceedings, and/or we determine that your usage presents an increased risk of legal or regulatory non-compliance.
g. You have outstanding financial obligations to us that remain unpaid, whether due to a chargeback or any other reason.
h. You have attempted to bypass or undermine our security controls or compliance measures without obtaining our prior written approval.
i. There is any other legitimate reason that necessitates such action.
We will make reasonable efforts to provide you with appropriate notice where possible.
12.2. You acknowledge and agree that:
a. The situations outlined in Clause 12.1 regarding when we may terminate, suspend, or restrict your access to the MoonBags Platform are not exhaustive.
b. Our decisions to take actions such as termination, suspension, or restriction of your access may be based on internal security protocols and risk management measures. You acknowledge that we are not required to disclose the specifics of these procedures.
12.3. If we terminate, suspend, hold, or restrict your access to the MoonBags Platform:
a. Any pending Instructions or Transactions may be settled by either you or us, depending on the circumstances surrounding the termination, suspension, hold, or restriction.
b. You authorize us to deduct any outstanding fees, charges, or costs directly from the digital assets stored in the Wallet connected to the MoonBags Platform.
12.4. If we receive credible information and have reasonable grounds to believe that any Digital Assets in your Wallet were acquired unlawfully or do not rightfully belong to you (whether due to an error or otherwise), we may, at our discretion, revoke your access to the MoonBags Platform. However, we will not take part in or be responsible for resolving any disputes related to:
(i) The ownership or possession of Digital Assets stored in your Wallet or used on the MoonBags Platform. (ii) Any Digital Assets that have been created, purchased, or traded through the MoonBags Platform.
13. General
13.1. You acknowledge and agree that: (i) we are not liable for any User Content (whether provided by you or third parties) that may be uploaded, used, or made available on the MoonBags Platform; and (ii) the use of such User Content is entirely at your own risk, and we do not provide any warranties regarding its accuracy, reliability, or legality.
13.2. We reserve the right, at our sole discretion, to remove, modify, or reject any content you upload, submit, use, or display on the MoonBags Platform (including any User Content) for any reason. Additionally, we may take any action we deem necessary, including issuing a written warning, removing User Content, seeking damages or other financial compensation, suspending or terminating your access to the MoonBags Platform, and permanently restricting or banning you from future use.
13.3. You acknowledge and agree that we may record communications, whether conducted electronically, by phone, video call, chat, VOIP, or other means, in relation to these Terms. These records will serve as evidence of communications between you and MoonBags. You understand that phone and video conversations may be recorded for purposes such as responding to inquiries, ensuring regulatory compliance, improving services, and providing customer support.
14. Prohibited use
14.1. By using the MoonBags Platform or engaging in any transactions, and without limiting any other restrictions outlined in these Terms, you agree not to:
a. Violate these Terms or any agreement related to the MoonBags Platform.
b. Use the MoonBags Platform in a way that breaches our Prohibited Use Policy.
c. Conduct commercial transactions on behalf of third parties without our prior written approval.
d. Engage in market manipulation, including but not limited to price-fixing, pump-and-dump schemes, or wash trading.
e. Participate in fraudulent activities or engage in transactions that may lead us to suspect fraud.
f. Use the MoonBags Platform in a way that may result in disputes, complaints, chargebacks, penalties, or liabilities for us, other users, or third parties.
g. Provide false, misleading, or inaccurate information in relation to your use of the MoonBags Platform, including communications with us.
h. (i) use any deep linking, web crawlers, bots, spiders, or other automatic devices, programs, scripts, algorithms, or methods, or any similar or equivalent manual processes to access, obtain, copy, or monitor any part of the Platform, or replicate or bypass the navigational structure or presentation of the MoonBags Platform in any way, in order to obtain or attempt to obtain any materials, documents, or information in any manner not purposely provided by the MoonBags Platform; (ii) attempt to access any part or function of the MoonBags Platform without authorization, or connect to the MoonBags Platform or any of our servers or any other systems or networks of the MoonBags Platform by hacking, password mining, or any other unlawful or prohibited means; (iii) probe, scan, or test the vulnerabilities of the MoonBags Platform or any network connected to the MoonBags Platform, or violate any security or authentication measures on the MoonBags Platform or any network connected to the MoonBags Platform; (iv) track or seek to track any information of any other users or visitors of the MoonBags Platform; (v) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of the MoonBags Platform, or the infrastructure of any systems or networks connected to the MoonBags Platform; (vi) use any devices, software, or routine programs to interfere with the normal operation of the MoonBags Platform or any transactions on the MoonBags Platform, or any other person's use of the MoonBags Platform; or (vii) forge headers, impersonate, or otherwise manipulate identification to disguise your identity or the origin of any messages or transmissions you send to us;
i. modify or adapt the whole or any part of the MoonBags Platform or combine or incorporate the Platform into another program or application;
j. disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code, object code, underlying concepts, ideas, or algorithms of the Platform or any components thereof;
k. modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sublicense, sell, mirror, design, rent, lease, private label, grant security interests in such MoonBags IP or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the MoonBags IP;
l. facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information in connection with the MoonBags Platform;
m. (i) use an anonymizing proxy; (ii) use any device, software, or routine to interfere or attempt to interfere with our Sites; and (iii) take any action that may cause us to lose any of the services from our internet service providers or other suppliers;
n. create, or purport to create, any security over your Digital Assets that may be on the MoonBags Platform without our prior written consent;
o. violate, or attempt to violate, (i) any Applicable Law; or (ii) our or any third party's copyright, patent, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; and/or
p. access, use, or attempt to access or use the MoonBags Platform directly or indirectly from jurisdictions MoonBags has deemed high risk, including but not limited to Russia, Cuba, Iran, North Korea, or Syria, or as may be identified as being sanctioned as prescribed by the United States of America, United Kingdom, European Union, or United Nations, including but not limited to those on the sanctions lists maintained by the U.S. Office of Foreign Assets Control.
15. Representations and Warranties
15.1. Representations and Warranties
You represent and warrant at all times that:
a. Your engagement with the MoonBags Platform is undertaken solely based on your independent judgment, financial circumstances, and risk tolerance.
b. You possess the full legal authority, capacity, and competence to (i) access and utilize the MoonBags Platform and (ii) enter into, execute, and adhere to these Terms.
c. You have secured all necessary approvals, consents, and authorizations from relevant regulatory bodies required for your use of the MoonBags Platform and participation in transactions.
d. You either (i) lawfully own the rights to any images or intellectual property uploaded to the MoonBags Platform for token creation, or (ii) have obtained the necessary permissions and licenses, ensuring no violation of third-party intellectual property rights.
e. These Terms, along with any associated agreements, constitute legally enforceable obligations against you in accordance with their provisions.
f. If you are acting on behalf of an entity, such entity is duly incorporated, legally structured, and remains in compliance with the laws of its jurisdiction, possessing the requisite authority to conduct business.
g. Your access to and utilization of the MoonBags Platform, as well as your adherence to these Terms, will not:
i. In the case of an entity, be in conflict with your corporate charter, partnership agreement, trust deed, or any other foundational legal documents.
ii. Violate any contract, agreement, or obligation to which you are subject.
iii. result in you, or cause us or any third party to, breach any Applicable Law, decree or judgement of any court, or any award of any arbitrator or those of any governmental or Regulatory Authority in any jurisdiction.
16. Technology Disclaimers
16.1. The MoonBags Platform is provided on an "as is" and "as available" basis without any express or implied warranties, to the fullest extent permitted by applicable law. In particular, we disclaim all implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees that access to the MoonBags Platform or any materials contained within it will be continuous, uninterrupted, timely, or free from errors. This may result in temporary unavailability of trading functionalities and potential delays in processing transactions.
16.2. From time to time, we may suspend access to the MoonBags Platform for scheduled maintenance or emergency updates. While we strive to ensure transactions on the MoonBags Platform are processed in a timely manner, we do not provide any assurances regarding the duration required for processing, as it is subject to various factors beyond our control.
16.3. Although we endeavor to keep the information on the MoonBags Platform up to date, we do not warrant or guarantee, whether expressly or implicitly, that the content available on the Moonbags Platform is accurate, complete, or current.
16.4. The MoonBags Platform may include links to third-party websites, which may contain external content, materials, and information provided for convenience. These external sites are not under our control, and we assume no responsibility for their content, accuracy, services, or any other aspect related to such third-party websites. Your use of any third-party links is at your own risk.
16.5. You are responsible for securing the necessary data network access required to use the MoonBags Platform. Additionally, you must ensure that you have compatible hardware or devices for accessing the MoonBags Platform, including any updates that may be released. We do not warrant that the MoonBags Platform, or any part thereof, will function on specific hardware or devices. Furthermore, the MoonBags Platform may experience technical issues, malfunctions, and delays inherent to internet-based and electronic communication systems.
17. Liability
17.1. We do not bear any responsibility or liability for any losses incurred by you or any third party, except where such losses arise solely and directly as a result of willful misconduct or actual fraud.
17.2. Without limiting the foregoing, and notwithstanding any other provisions in these Terms, under no circumstances shall the total aggregate liability of MoonBags exceed the amount of fees paid by you to the MoonBags Group for the specific transaction giving rise to the claim. Such payment shall be considered full and final settlement of all claims and liabilities arising from the relevant event.
17.3. You acknowledge and agree that MoonBags are not aware of any special circumstances that may apply to you. You further agree that monetary damages constitute an adequate remedy, and you shall not be entitled to seek any other legal or equitable remedies, including but not limited to injunctive relief, specific performance, or claims in rem.
17.4. Notwithstanding any other clause in these Terms, you acknowledge and agree that under no circumstances shall we be liable to you or any other party for:
a. Any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs arising out of or related to the MoonBags Platform, including but not limited to:
i. The operation, security, availability, or functionality of the underlying protocols of any Digital Asset. ii. Any action or inaction taken in accordance with these Terms. iii. Any inaccuracies, errors, omissions, or delays in the transmission of Digital Asset price data. iv. Scheduled or unscheduled maintenance that results in service interruptions. v. The theft of a device used to access the MoonBags Platform. vi. The actions, omissions, or breaches of these Terms by other users or third parties. vii. (1) Any damage or interruptions caused by malware, viruses, spyware, or other malicious software affecting your devices; (2) hardware failure, data corruption, or destruction of records stored on your hardware; or (3) technical issues such as system failures, high internet traffic, security breaches, or communication malfunctions. viii. The termination, suspension, hold, or restriction of access to the MoonBags Platform. ix. The failure of a transaction to execute or delays in transaction completion. x. Our refusal or delay in processing any instruction. xi. Security breaches affecting your Wallet, email, personal accounts, or the MoonBags Platform. xii. Losses resulting from fraudulent activity or scams carried out by third parties, where the MoonBags Platform was merely the recipient of Digital Assets or involved in their purchase or sale. xiii. Losses arising from Digital Asset conversions made outside the MoonBags Platform. xiv. Any losses incurred in connection with new Digital Asset offerings, including initial coin offerings (ICOs). xv. The accuracy, completeness, security, reliability, availability, or timeliness of the MoonBags Platform, or disruptions to your access caused by communication failures, system downtime, or other issues. xvi. Any transactions, instructions, or operations executed by you or purported to be executed by you on the MoonBags Platform.
b. Any loss of revenue, anticipated profits, opportunities, or savings, or any incidental, punitive, aggravated, indirect, or consequential losses arising from the use of the MoonBags Platform, these Terms, or any related agreements.
c. Losses incurred due to manifest errors, extreme market volatility, or cancellations/amendments of transactions, whether direct, indirect, special, or consequential, including loss of profit and missed opportunities, even if MoonBags was aware of the potential for such losses.
d. Any claim that has not been formally initiated through legal proceedings within one calendar year from the occurrence of the event giving rise to the claim. If such a limitation is not legally enforceable, the minimum legally permissible limitation period shall apply instead.
17.5. We are not liable for any damage, losses, or interruptions caused by malware, spyware, Trojan horses, worms, or other malicious software that may compromise your devices. We strongly recommend using reputable virus protection software to safeguard your system. Additionally, you acknowledge that SMS and email communications are susceptible to phishing and spoofing attacks. You and any permitted users are responsible for securing your access credentials and must take necessary precautions to protect them.
18. Governing law
Unless otherwise required by applicable law or where you are granted a choice by law, these Terms (including this arbitration agreement) shall be governed by and interpreted in accordance with the laws of contry of residence.
19. General Terms
19.1. You are required to comply with all applicable laws, licensing obligations, and third-party rights (including data protection laws and anti-money laundering and counter-terrorist financing regulations) when using the MoonBags Platform.
19.2. We may give notice to you via electronic means (including but not limited to Telegram or direct messaging on social media). Notifications sent through these channels will be deemed delivered, regardless of whether a failure notice is received. You may send notices to us only through the methods we specify, which may be subject to change. All notices, consents, or other communications under these Terms must be in writing, in English, and properly signed or authorized by the issuing party.
19.3. Official announcements and updates will be disseminated via X (formerly Twitter) through the official MoonBags account. These communications may contain critical information that could affect the value or security of your Digital Assets. You are responsible for staying informed by monitoring the MoonBags Platform and reviewing these announcements.
19.4. These Terms constitute the complete agreement between you and us regarding the MoonBags Platform. Each party acknowledges that it has not relied on, nor shall it have any recourse regarding, any statements, representations, or assurances that are not explicitly set forth in these Terms.
19.5. You may not assign or transfer any of your rights or obligations under these Terms without our prior written approval, which may require additional verification or due diligence. However, we reserve the right to assign or transfer our rights or obligations under these Terms at any time, including, without limitation, as part of a merger, acquisition, or corporate restructuring involving MoonBags.
19.6. If any clause or sub-clause of these Terms is deemed unlawful, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions shall remain unaffected.
19.7. You agree that we may record telephone, email, and chat conversations with you, as well as any other communications, including those related to transactions or instructions. Such recordings shall constitute evidence in any proceedings related to your agreements with us and shall remain our exclusive property.
19.8. These Terms may be translated into languages other than English. Any such translation is provided solely for convenience. In the event of inconsistencies or ambiguities, the English version shall prevail.
19.9. Nothing in these Terms shall confer any legal or equitable rights, remedies, or claims upon any person other than the parties to these Terms and their respective successors and permitted assigns.
19.10. Any clauses or sub-clauses of these Terms that by their nature extend beyond the termination or expiration of these Terms shall remain binding and enforceable.
19.11. MoonBags does not act as an agent on your behalf in fulfilling these Terms. These Terms shall not be construed as creating any form of association, partnership, joint venture, or franchise between the parties.
19.12. We shall not be liable for any delay or failure to fulfill our obligations under these Terms if such delay or failure results from a Force Majeure Event.
19.13. Any delay or failure by us to exercise any right or remedy under these Terms shall not be deemed a waiver of such rights or remedies. The rights and remedies provided under these Terms are cumulative and do not exclude any rights or remedies available under applicable law.
19.14. In addition to any legal or contractual remedies available, we reserve the right to set off any amounts owed to us under these Terms or otherwise. You must settle all obligations to us in full, free of set-offs, counterclaims, deductions, or withholdings, except as required by applicable law.
19.15. If you receive information about another user through the MoonBags Platform, you must keep such information confidential and use it solely in connection with your activities on the MoonBags Platform and in compliance with applicable law. You are prohibited from disclosing or sharing user information with third parties or using it for any purpose beyond what is necessary to complete a transaction.
19.16. If you breach these Terms, MoonBags reserves the right to disclose details of the breach, including any information you have provided, to its users or the public where it deems such disclosure necessary for the protection of other users and in compliance with applicable law.
19.17. It is your sole responsibility to determine whether taxes apply to payments you make or receive, and you are responsible for collecting, reporting, and remitting any applicable taxes to the appropriate authorities. We assume no responsibility for determining, collecting, or reporting any taxes arising from your use of the MoonBags Platform.
20. Wallets
MoonBags assumes no responsibility for the functionality, features, or operations of the Wallet and shall not be liable for any direct or indirect losses resulting from its use.
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