Terms & Conditions

ZAP Tech Terms & Conditions

Zap Tech LLC

Terms and Conditions of https://zap.tech Last revised Date 7th Feb 2024

1. Introduction

These Terms and Conditions (herein referred to as "these Terms") govern the use and conditions of the https://zap.tech website (herein referred to as the "website") and the Services provided by Zap Tech LLC (herein referred to as "Zap Tech" or "We" or "Us"), a company incorporated and registered in St. Vincent and the Grenadines. These Terms constitute a binding and enforceable legal contract between Zap Tech and its affiliates and subsidiaries worldwide and you, an end user of the Services (herein referred to as "You" or "User") in relation to the Services. You and Zap Tech are referred to separately as "Party" and collectively as "Parties".

By accessing, registering, using, or clicking on the Services and information made available by Zap Tech via https://zap.tech, you hereby accept and agree to all the terms set forth herein.

You are strongly advised to carefully read these Terms as well as the provisions detailed in our Privacy Policy prior to using the website and our Services. By using the website and the Services in any capacity, you agree that: (i) You have read and familiarized yourself with these Terms; (ii) You understand these Terms; and (iii) You agree to be bound by these Terms when using the website. If you do not agree to these Terms, please do not access or use the website and the Services.

We reserve the right to modify or amend these Terms, the website, or any content on either one of the platforms from time to time, including for security, legal, or regulatory reasons, as well as to reflect updates or changes to the services or functionality of the website. You are advised to check these Terms periodically to ensure that you are cognizant of the current versions and comply with them. Users of the website and the Services are bound by these changes, which will take immediate effect after the revised versions of these Terms have been published on the website or mobile application. Through your continued use of or interaction with the website, the Services, tools, and information made available on these platforms, you hereby agree to be bound by the provisions highlighted in the subsequent versions.

We will provide a notification on the website specifying that changes have been made to these Terms whenever they occur. By accepting the notification, you accept that we have provided you with sufficient notice of any changes. You should seek professional advice regarding any possible legal requirements you must comply with in relation to the use of the website and tools related to participating in the Service provided by Zap Tech.

2. Definitions

"Affiliate" refers to any other company that is controlled by, controls, or is under common control with a party, including any fund, limited partnership, or other collective investment vehicle or other person managed or advised by Zap Tech LLC's team.

"AML" refers to Anti-Money Laundering.

“Allocation Round” refers to any rounds of fundraising of project tokens on Zap Tech that will be managed by Zap Tech.

"Applicable Laws" refers to acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or regulatory bodies, including the governing law stipulated under the laws of St. Vincent and the Grenadines.

“Zap Tokens” refers to a blockchain-based token that is issued, stored, transferred, and transacted on the Blast Network.

“ETH” refers to the Blast Network cryptocurrency which is required to pay transaction fees.

“USDB” refers to a stablecoin issued for the Blast ecosystem and backed by the U.S. Dollar, with a pegged value of 1 USDB = $1.00 USD.

"CFT" refers to Combating the Financing of Terrorism.

"Confidential Information" refers to any non-public, proprietary information or documents of or related to the User or Zap Tech (whether in writing, orally, or by any other means) provided or disclosed through Zap Tech in connection with the use or participation in Zap Tech services, marked as confidential in tangible or intangible form (including visual, oral, or electronic form), relating to Us or any other User that was previously a User.

"Content" refers to all content generated by Zap Tech, including logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, written or multimedia materials, services, advertisements, software, code, data, files, archives, folders, or available downloads on the Zap Tech Platform.

“Cookie” refers to the small text files that are placed on your computer by the website that you visit. They are widely used to make websites work more efficiently and provide information to the owner of the site.

“Zap Tech Platform” refers to all of Zap Tech's websites or the platform that facilitates token launches, including airdrops, where the Zap Tech Project is officially launched and makes its native Tokens available to Zap Tech users.

"Prohibited Jurisdictions" specifically refer to the United States of America (including its territories and dependencies), Botswana, Cambodia, Central African Republic, Cuba, Democratic People's Republic of Korea, Ethiopia, Ghana, Iran, Iraq, Libya, Somalia, South Sudan, Sri Lanka, Syria, Sudan, Thailand, Trinidad and Tobago, Tunisia, Venezuela, and Yemen.

“Project” refers to a project being launched for a token sale on the Zap Tech Platform.

“Services” refer to the services provided to Users through the website, including the accessibility to new tokens offered from each fundraising project, staking service, and other relevant services available through the Platform, as well as all free trials and beta services made available by Zap Tech, which may be subject to periodic revision.

“Staking or Stake” refers to the staking or deposit service in which Users can delegate or deposit their Zap Tech Tokens in exchange for a share of Net Staking Rewards on the Platform.

"Wallet(s)" refers to an ERC-20 wallet that must be compatible with the Blast Network, such as MetaMask or Trust Wallet.

3. General Provisions

• 3.1 Contractual Relationship

  • These Terms constitute a valid and binding agreement between You and Zap Tech. The binding obligations stipulated in these Terms are enforceable.

• 3.2 Revision and Amendments

  • Zap Tech reserves the right to revise, amend, or update any clauses and provisions stipulated in these Terms in its sole discretion at any time. Zap Tech will notify the revision or amendment of such clauses or provisions by updating these Terms and specifying the 'Last Revised Date' displayed on a page of Terms and Conditions. Any revisions and updates on these Terms will be automatically effective upon their publication on the Platform, which includes the website. Therefore, your continuity of accessing or using Zap Tech Platform and Services will be deemed that you agree to have read, understood, and accepted all revised terms and provisions. If you do not agree on any revised or updated terms and provisions, you should immediately stop accessing or using our Services. You are encouraged to frequently and carefully review these Terms to ensure that you understand these Terms.

• 3.3 Privacy Policy

  • You acknowledge and confirm that you have read, understood, and agreed to provisions stipulated in the Privacy Policy, which will explain how Zap Tech treats your information and protects your privacy when accessing or using the Zap Tech Platform.

    By using the Zap Tech Platform, you hereby agree that Zap Tech may collect and use your information and anonymized data pertaining to your use of the Services for analytics, trend identification, and statistical purposes to further enhance the effectiveness and efficiency of the Services.

    You hereby expressly authorize Zap Tech to disclose any and all information relating to you in Zap Tech's possession to any law enforcement or government officials upon request by court order.

• 3.4 Links to and from the Website

  • 3.4.1 You may, through hypertext or other computer links, gain access from the website to websites operated or made available, or otherwise licensed by persons other than us (“Third Party Services”). Such hyperlinks are provided for your convenience.

  • 3.4.2 A link from Third Party Services does not mean that Zap Tech endorses or approves the content on such website or means that Zap Tech is an operator of that website. You understand that you are solely responsible for determining the extent to which you may use or rely upon any content at any other Third Party Services websites which you have accessed from the Zap Tech website. Zap Tech has no control over the content of these sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

  • 3.4.3 Zap Tech assumes no responsibility for the use of, or inability to use, any Third Party Services' software, other materials, or contents posted and/or uploaded on such website and we will have no liability whatsoever to any person or entity for any inaccuracy or incompleteness of such third-party content. All intellectual property rights in and to Third Party Services are property of the respective third parties.

• 3.5 Disclaimer for Accessibility of the Website and the Services

  • 3.5.1 The Zap Tech website merely facilitates Users' accessibility to Project tokens and does not provide you with any warranty or representation whatsoever regarding their quality, value, specification, fitness for the purpose, completeness, or accuracy of their technology or infrastructure.

  • 3.5.2 Zap Tech will make all commercially reasonable attempts to provide information about the Project on the Zap Tech Platform. However, you hereby acknowledge that Zap Tech does not guarantee the accuracy, timeliness, or completeness of such information and does not provide any warranty in connection with your use or reliance on it. You agree that your use of the Project information will be at your own risk. Zap Tech will not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Project information launched on the Zap Tech Platform.

  • 3.5.3 To the extent permitted by applicable laws, the website and Zap Tech Services are provided on an ‘AS IS' and ‘AS AVAILABLE' basis. Zap Tech does not warrant that the features and functions contained in the website and the Services will satisfy your preferences. You hereby agree and acknowledge that your access and use of the website and the Services are at your own risk, and you will be liable for any responsibility or consequences that may arise out of or in connection with the usage or accessibility of the website and the Services. You expressly agree that Zap Tech will have absolutely no liability in this regard.

  • 3.5.4 You hereby agree and acknowledge that the website may contain links to third-party websites or services that are not owned or controlled by Zap Tech. Therefore, Zap Tech holds no responsibility for the content or services, goods, or activities provided by such third-party websites. You further agree that Zap Tech has no liability, directly or indirectly, for any damage, loss, or consequence arising out of or in connection with the usage or reliance on any content, material, or services available through third-party websites.

  • 3.5.5 Zap Tech reserves the right to limit the availability of the website to any person, geographic area, or jurisdiction we desire and/or terminate your access to and use of the website and the Services at any time and in our sole discretion.

  • 3.5.6 Zap Tech may, at our sole discretion, impose limits or restrictions on the use you make of the website. Furthermore, for commercial, security, technical, maintenance, legal, or regulatory reasons, or due to any breach of these Terms, we may withdraw the website or your access to the website and the Services at any time and without notice to you.

• 3.6 Information

  • You acknowledge that you are solely responsible for any submissions of all content, remarks, suggestions, ideas, materials, feedback, or other information, including bug reports, in relation to the Services provided through the website, including any submission to our social media platforms such as Twitter and Telegram. You, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyright. We shall rely on the information you have provided and will not verify it. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit, or abridge any submission for any reason and to freely use, copy, disclose, publish, display, or exploit such submission as we deem necessary without any payment of royalty or acknowledgment prior to consent. We may retain copies of all information materials relevant to the Service.

4. Intellectual Property

• 4.1 All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the website and Services are owned by or otherwise licensed to Zap Tech. Subject to your compliance with these Terms, Zap Tech grants you a non-exclusive, non-sub licensable, and any limited license to merely use or access the website and the Services in the permitted hereunder.

• 4.2 Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Zap Tech or any other third party's intellectual rights.

• 4.3 If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.

• 4.4 You agree and acknowledge that all website content must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from Zap Tech.

• 4.5 Third parties participating on the website may permit Zap Tech to utilize trademarks, copyrighted material, and other Intellectual Property associated with their businesses. Zap Tech will not warrant or represent that the content of the website does not infringe the rights of any third party.

5. Participation in the Zap Tech Services

• 5.1 In order to avail access to the Services or participate in the Zap Tech Platform, you may be required to go through KYC process as requested by each fundraising Project.

• 5.2 In terms of Staking, you acknowledge and agree that Zap Tech provides Staking Service to Users for purposes of delegating (also referred to as "stake" or "staking") the User's Zap Tech Tokens in exchange for a share of Net Staking Rewards. You will provide the staking instruction to Zap Tech. Once the staking instruction is received, the system will record the instruction and you will not be able to cancel or edit the staking instruction. When the Zap Tech Platform connect with your ERC-20 wallet, you may see a tier based on the numbers of Zap Tech Tokens held in your wallet. The level of tier may affect your allocation in a Project fundraise. Zap Tech reserves the right to reject your participation in Staking if you fail to fulfill the identity verification requirements through the KYC process or commit any other suspicious activity while participating in the Services provided by Zap Tech.

• 5.3 Tokens being staked are limited to Zap Tech Tokens only. You hereby acknowledge and agree that the estimated allocation for a Project fundraise or reward yield displayed on the Zap Tech Platform for each fundraising Project is an estimation. The actual amount of token allocation you will receive may not match or may be lower than your estimation, which will be subject to the reward compression or expression. You further hereby acknowledge that Zap Tech cannot promise or guarantee a certain amount of reward received from staking your Zap Tech Tokens. You should go through and study the fundraising Project and fully understand the significant information and conditions prior to participating in such fundraising event, such as the allocation date, the underlying technology, and the features and functions of Project tokens.

• 5.4 In the event that you wish to unstake/withdraw your Zap Tech Tokens and gain the reward, you will provide the unstaking instruction to the Zap Tech Platform. You acknowledge and agree that when you unstake your Zap Tech Tokens, the delivery of such Zap Tech Tokens into your ERC-20 wallet may vary based on the time of day of the unstake/withdraw instruction and execution. The amount of your unstaked Zap Tech Tokens may not count towards your tier level for upcoming Project fundraises. Zap Tech will levy a withdrawing fee or minimum transaction in the form of ETH amount, which will vary and be subject to amendment only at its sole discretion of Zap Tech periodically. Zap Tech will not be liable for any loss caused or alleged caused by timing differences and economic loss associated with the actual delivery of the Zap Tech Tokens.

• 5.5 Zap Tech reserves the right to amend any terms related to any specific Staking program at any time in its sole discretion. Zap Tech will not be liable for any losses due to your misunderstanding of the Staking program terms and changes to such term's rules.

6. Zap Tech Tokens

• 6.1 In accordance with the Zap branding, a blockchain-based token known as "Zap Tokens" will be issued on the Blast Network. These utility tokens are intended for exclusive use on the Zap Tech Platform and the https://zap.tech website.

• 6.2 Users who stake Zap Tech Tokens are eligible to participate in Project fundraises on the Zap Tech platform.

• 6.3 Zap Tech Token is not considered as security of any kind, and it also does not carry any right to vote, manage or share in the Zap Tech Platform.

• 6.4 Zap Tech Token is neither money nor legal tender/currency, whether fiat or otherwise, and it does not carry any value whether it is intrinsic or assigned.

7. Misuse of the https://zap.tech website (“the website”)

• 7.1 In the event of any misuse and/or abuse of the website or breach any provision in these Terms, we reserve the right to block your access to the website and other until the matter is solved.

• 7.2 Use of the website for transmission, publication or storage of any material on or via the website which is in violation of any applicable laws or regulations or any third-party’s rights is strictly prohibited, including but not limited to the use of the website or the transmission, distribution, publication or storage any material on or via the website in a matter or for the purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protections laws, is fraudulent or breaches any exchange control laws.

8. Zap Tech Services

• 8.1 Representations and Warranties

  • You hereby agree to make the following representations and warranties for accessing the website and the Services of Zap Tech:

    • 8.1.1 You have full capacity and authority under the applicable laws to agree and bind yourself to these Terms.

    • 8.1.2 You are eighteen years of age or older.

    • 8.1.3 You are not a citizen or a resident from the Prohibited Jurisdictions, and you do not have any relevant connection with any jurisdictions where we have prohibited services and access to the website.

    • 8.1.4 You are aware and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the website and the Services. Your use of the website and the Services is not for any unlawful or illegal purposes, including but not limited to the usage against the copyright laws, AML/CFT laws.

    • 8.1.5 You are the exclusive owner of Zap Tech Tokens and your other cryptocurrencies, including ETH held in your wallet. The tokens maintained in your wallets are not and will not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable laws. You further acknowledge and agree that Zap Tech will not be responsible for actions taken by you that result in the loss or destruction of the value of the tokens and rewards you hold in the wallet.

    • 8.1.6 You validly undertake any action or enter into any transaction with regard to these Terms. You are solely responsible for the use of the website and the Services for all activities or transactions that occur on or through your User account on Zap Tech.

    • 8.1.7 You will provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using or participating in Zap Tech Services on the Zap Tech Platform. You will further agree to put your effort to ensure that the confidentiality of your personal or credential information, including your wallet address, is restricted and safely maintained on your device you use to access the website.

    • 8.1.8 You will be acknowledged and agree that if you lose access to the wallet that you connected with the Zap Tech Platform, Zap Tech will not be able to help you recover these lost or transfer Project tokens or any Zap Tech Tokens back to your wallet. It will be your sole responsibility to manage your private key.

    • 8.1.9 You will be responsible for obtaining the data network access necessary to use the website. Your network's data and rates and fees may apply if you access or use the website from a wireless-enabled device, and you will be responsible for such rates and fees.

    • 8.1.10 You will understand and be aware of risks associated with accessing or using or participating in Zap Tech Services, and you will be fully liable at your own risk.

    • 8.1.11 You will be aware that you are subject to tax regulations in the jurisdiction you reside in and will be fully responsible for filling or reporting any taxes and paying them as required by the Applicable Laws. Zap Tech will not be liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation with respect to any tokens may expose you to any unknown or unforeseeable tax implications associated with your holding of tokens and the use of Zap Tech Services for which Zap Tech will have no liability. Moreover, you will not hold Zap Tech liable for any expenses or losses resulting from unknown or unforeseeable tax implications.

    • 8.1.12 You will not breach any of the provisions stipulated in these Terms, the Privacy Policy, or any Applicable Laws in any relevant jurisdictions.

    • 8.1.13 You will not use the website and the Services in any of the following manners, except as expressly permitted in these Terms and at the Zap Tech discretion:

      • (a) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of Zap Tech.

      • (b) use the website or the Services to transmit any data or send or upload any material or content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of the website and the Services provided on the Platform.

      • (c) expressly or impliedly use the website and the Services in a manner deemed unlawful, offensive, malicious, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates these Terms or any other party's intellectual property.

      • (d) modify, make any back-up or archival copies of the Platform or any part thereof, including disassembling, and you will also not adapt, hack the website, or modify another website to imply that it is associated with the website falsely.

      • (e) crawl, scrape, or otherwise cache any content from the website, and you will agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the website.

      • (f) use the website or any of its contents for advertising or soliciting, for any other commercial, political, or religious purpose, or to compete, either directly or indirectly, with Zap Tech.

    • 8.1.14 You will defend, indemnify, and not hold Zap Tech, its affiliates, each of their respective employees, officers, directors, and representatives liable to and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to any third-party claim

• 8.2 Each of the Representations and Warranties will survive and continue to have full force and effect after the execution of these Terms.

9. Compliance with International Laws

• 9.1 Compliance Obligation Zap Tech LLC recognizes the global nature of the internet and the digital currency market. Consequently, while our operations are governed primarily by the laws of St. Vincent and the Grenadines, we commit to respecting and complying with relevant legal requirements of the jurisdictions in which we operate or where our services are accessible.

• 9.2 Adherence to Local Laws Users are responsible for ensuring that their use of Zap Tech's website and services is in compliance with laws, regulations, and guidelines applicable in their respective jurisdictions. This includes, but is not limited to, laws governing digital currencies, financial services, data protection, and privacy.

• 9.3 International Trade Compliance Zap Tech complies with applicable international trade laws and sanctions. Users are prohibited from accessing or using Zap Tech's services in any manner that would violate applicable trade sanctions and embargoes imposed by international bodies or the jurisdictions of the countries in which they reside.

• 9.4 Anti-Money Laundering and Counter-Terrorism Financing In compliance with international standards, Zap Tech implements robust Anti-Money Laundering (AML) and Counter-Terrorism Financing (CFT) policies and practices. This includes conducting due diligence on our customers and reporting suspicious activities to relevant authorities as required by applicable laws.

• 9.5 Data Protection and Privacy Zap Tech respects the privacy of its users and commits to complying with international data protection and privacy laws. Our data handling practices are outlined in our Privacy Policy, which adheres to global standards for data protection.

• 9.6 Cooperation with International Authorities Zap Tech will cooperate with law enforcement and regulatory authorities across jurisdictions in investigations or inquiries relating to the user's activities on our platform, consistent with our Privacy Policy and applicable laws.

• 9.7 Changes to International Law Zap Tech reserves the right to modify our services and practices to adapt to changes in international laws and regulations. Users will be notified of significant changes that may impact their use of our services.

• 9.8 User Responsibility It is the user's responsibility to stay informed about and adhere to the international laws applicable to them in relation to the use of Zap Tech's services. Zap Tech cannot provide legal advice on international law compliance and users are advised to seek independent legal counsel for guidance specific to their situation.

10. Risk Disclosure

By accessing or using or participating in Zap Tech Services, you expressly acknowledge and assume the following risks:

• 10.1 Risk of loss in value

  Tokens or any digital currencies are not issued by any central banks or national, supra-national, or quasi-national organizations. They are also not backed by any hard assets or other credit. The value of tokens or any digital currencies is affected by several factors, including but not limited to, the total number of tokens or any digital currencies in existence, the continued willingness of market participants to exchange government-issued currency for tokens or digital currencies, purchasers' expectations with respect to the rate of inflation of fiat currencies, purchasers' expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies from online digital wallet providers, or news of such theft from such providers or individuals' digital wallets, investment and trading activities of large investors, monetary policies of the governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Thus, all these factors will affect the value of tokens or digital currencies, which may result in the permanent partial or total loss of the value of a particular tokens or digital currencies. No one will be obliged to guarantee the liquidity or the market price of any of the tokens or digital currencies maintained into your wallets. The volatility and unpredictability of the value of tokens or digital currencies relative to the government-issued currency may result in a significant loss over a short period of time.

• 10.2 The regulatory regime governing tokens or digital currencies

  The regulatory framework relating to tokens or digital currencies remains unsettled, and any laws, regulations, or guidelines may be significantly revised and amended which will materially and adversely affect the value of tokens or digital currencies and your services on https://zap.tech website or Zap Tech Platform as follows.

• 10.3 Technical and System Failure affected the obligations stipulated in these Terms Zap Tech may experience system failures, unplanned interruptions in its Blast Network or services, hardware or software defects, security breaches or other causes that could adversely affect the Zap Tech infrastructure network, which includes https://zap.tech website and Zap Tech Platform.

  Zap Tech is unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects in the website, Zap Tech Tokens, Users' wallets or any technology, including but not limited to smart contract technology. Also, Zap Tech is unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.

  In addition, Zap Tech's network or services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond Zap Tech's control. Although Zap Tech has taken steps and used its best endeavour against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the Zap Tech Platform and its services, there can be no assurance that cyber-attacks, such as distributed denials of service, will not be attempted in the future, and that Zap Tech's enhanced security measures will be effective. Any significant breach of Zap Tech's security measures or other disruptions resulting in a compromise of the usability, stability and security of Zap Tech 's network or services, including the Zap Tech Platform, may adversely affect Zap Tech Tokens.

• 10.4 Zap Tech will have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond Zap Tech's control, including, but not limited to:

  • 10.4.1 Acts of God, nature, or court of government;

    10.4.2 Failure or interruption of public or private telecommunication networks, the failure of Blast Network, communication channels or information systems;

    10.4.3 Acts or omission of acts of a party for whom We are not responsible;

    10.4.4 Delay, failure, or interruption in, or unavailability of, third-party services;

    10.4.5 Strikes, lockouts, labour disputes, wars, terrorist acts and riots.

• 10.5 You understand and agree that your use of Zap Tech's services and the website is completely at your own risk. This clause is not exhaustive and does not disclose all the risks associated with digital currencies and the use of services. Therefore, you are recommended to carefully consider whether such use is suitable for you in light of your judgment, circumstances, and financial position.

11. Limitation of Liability

• 11.1. Notwithstanding any provisions within these Terms, in no event will Zap Tech, its affiliates, or its employees, agents, officers, or directors be liable to the user for any incidental, special, exemplary, punitive, indirect, or consequential damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the website, any websites linked to it, any content on the website or other such websites, or any other services or items obtained through the website or other such websites, including, but not limited to, lost revenue, lost profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of your credential information, loss or interruption of technology, loss of use of service or equipment, even if the user was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise. Zap Tech will also have no liability for any emergency and/or unforeseeable incidents related to your use of Zap Tech services on the Zap Tech Platform, such as stolen private key or hacked accounts.

• 11.2. Except as expressly provided in these Terms, and to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose, or otherwise (regardless of any course of dealing, custom, or usage of trade) of any service provided incidental to Zap Tech Services under these Terms. In no event will our aggregate liability for any loss or damage that arises in connection with Zap Tech Services exceed the purchase amount you paid to participate in the Zap Tech Platform, if any, during a twelve (12) month period immediately preceding the event that gave rise to the claim for liability. The preceding limitations of liability will apply to the fullest actual amount you paid to participate or access in the Zap Tech Platform.

• 11.3. Except as expressly provided in these Terms, and to the fullest extent permitted by any Applicable Laws, Zap Tech, its affiliates, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:

  • 11.3.1. Your use of, inability to use, or availability or unavailability of the Services, including any third-party services made available through the Services;

  • 11.3.2. the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to Zap Tech's records, programs, services, server, or other infrastructure relating to the Services;

  • 11.3.3. the Services being infected with any malicious code or viruses; or

  • 11.3.4. the failure of the Services to remain operational for any period of time.

12. Indemnification

You irrevocably undertake the responsibility of fully indemnifying and holding harmless each of Zap Tech, its affiliates, licensors, shareholders, officers, directors, managers, employees, and agents from and against any and all losses, claims, actions, proceedings, damages, demands, judgments, sums, liabilities, damages, costs, charges, and expenses, including, but not limited to, any reasonable attorney's fees or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:

• 12.1 Your use or any person using the Services on your behalf or participation in accordance with Zap Tech Services on the website or the Zap Tech Platform;

• 12.2 Your breach of or our enforcement of these Terms;

• 12.3 Any violations of Applicable Laws, regulation, or rights of any third-party during your use or participation in Zap Tech Platform.

If you are obligated to indemnify Zap Tech, its affiliates, shareholders, licensors, officers, directors, managers, employees, and agents, Zap Tech will have the right, at our sole discretion, to control any action or proceeding and to determine whether Zap Tech wishes to proceed or settle, and if so, on what terms or provisions.

13. Termination

• 13.1 These Terms will be immediately terminated by discontinuing your use or participation in Zap Tech Services, and you agree to terminate accessibility on the Platform.

• 13.2 These Terms can be suspended or terminated without notice from us if there is a reasonable ground to believe that you have breached any of the terms or provisions stipulated in these Terms or if you do not comply with these Terms.

• 13.3 The termination of these Terms will not prevent Zap Tech from seeking remedies from you in the case where you breach any terms or provisions before such termination. Zap Tech will not be liable to you or any third party for any termination, suspension, or modification of your access to the Services.

• 13.4 Any ongoing obligation to you as well as the provisions regarding (i) Zap Tech's Intellectual Property, (ii) No solicitation or Offering, (iii) indemnification, (iv) Limitation of liability, and (v) any other provisions designed to survive, will survive any termination or expiration of these Terms for any reason.

14. No Financial and Legal Advice

Zap Tech is merely a technology platform, and we are not your broker, intermediary, agent, or legal advisor and have no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using or participating on the website or the Zap Tech Platform. No communication or information provided to you by Zap Tech is intended as or will be considered or construed as the solicitation of an offer to buy, investment advice, financial advice, legal advice, or any other sort of advice. All Services, Transactions, and Investments will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any services or investments are suitable and match your interests according to your judgment, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities arising therefrom.

Before executing any transactions, purchasing Zap Tech Tokens, or Project tokens on the Zap Tech Platform, you should consult with your independent financial, legal, or tax professionals. Zap Tech will not be liable for the decisions you make to access and purchase through Zap Tech.

15. Governing Law, Resolving Disputes, Arbitration, and Class Action Waiver

• 15.1 The laws of St. Vincent and the Grenadines will govern these Terms and any dispute that might arise between you and Zap Tech.

• 15.2 Any disputes arising out of or in connection with these Terms shall be amicably settled through negotiation. If no settlement can be reached, the dispute will be submitted to the St. Vincent and the Grenadines International Arbitration Centre for arbitration, which shall be conducted in accordance with the Centre's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

• 15.3 The arbitration shall be conducted by a single arbitrator, and the place of arbitration shall be in St. Vincent and the Grenadines. The language of the arbitration shall be English.

16. Miscellaneous

• 16.1 Severability If any of the provisions in these Terms are found by a court of competent authority to be invalid, void, unlawful, or unenforceable under any applicable laws, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions herein.

• 16.2 Variation of Terms Zap Tech has the right to revise these Terms at our sole discretion at any time, and by using the website or other Zap Tech Platform, you will be expected to review such Terms regularly to ensure that you understand all provisions stipulated in these Terms.

• 16.3 Assignment Zap Tech will be allowed to assign, transfer, and subcontract Our rights and/or obligations under these Terms without the need to provide you any notification or acquire your consent. Nevertheless, you will not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

• 16.4 Entire Agreement These Terms, including the Privacy Policy and any rules contained on the website or other Zap Tech Platform, constitute the sole and entire agreement between You and Zap Tech with respect to your use of the Zap Tech Platform and supersede other prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between You and Zap Tech with respect to such subject matter.

• 16.5 No Third-Party Rights Nothing in these Terms will be deemed to create any rights for any creditors or other persons, not a party hereto. Moreover, these Terms will not be construed, in any respect, to be a contract, in whole or in part, for the benefit of any third parties.

• 16.6 Clickwrap Zap Tech may deliver the Service through electronic means such as download links, graphical Tools, or other technologies for providing the Service for users. The user interfaces to such electronic means may require that the users agree to these Terms by checking a box, clicking a button, or continuing with the Service. If the user goes through such action, the user becomes a Party to these Terms. Such an action of acceptance shall be sufficient to bind the users to the terms and conditions herein these Terms.

• 16.7 Waiver The failure of one Party to require the performance of any provision will not affect that Party's right to require performance at any time thereafter. At the same time, the waiver of one Party to seek recovery for the other Party's violation of these Terms of any provisions of applicable terms will not constitute a waiver by that Party of any subsequent breach or violation by the other Party or of the provision itself.