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Terms of Service

These Terms of Service constitute a legally binding agreement between Noti.io, a corporation registered in Panama (hereinafter referred to as the "Company", “our”, “us”, or “we”), and the party or parties accessing and/or using the services provided (the "User", or “you”).

The Terms of Service, along with all other agreements and authorizations by the User in relation to the Services, including but not limited to the Privacy Policy available on our website (collectively referred to as the “Terms”), govern the relationship between the Company and the User. These Terms define the rights and obligations of both parties concerning the Services, and by accepting these Terms, both parties agree to be bound by them.

PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH THE COMPANY. IF YOU DISAGREE WITH ANY PART OF THE TERMS, YOU SHOULD NOT ACCESS OR USE THE SERVICES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS IN RESOLVING DISPUTES. PLEASE READ IT CAREFULLY.

By accessing and/or using the Services, you acknowledge that (I) you have read and understood your rights and obligations under these Terms and agree that these Terms of Service and the Privacy Policy constitute the complete Terms and Conditions of your relationship with the Company; (II) you are fully responsible for all decisions regarding transactions conducted through the Services; (III) you are aware of the risks associated with trading virtual assets; (IV) you assume all risks related to trading virtual assets; (V) the Company shall not be liable for any risks or adverse outcomes; and (VI) you declare that you have considered these factors and, given your current and anticipated financial resources, you are willing and able to assume the significant financial risks associated with trading virtual assets and using the Services.

1. Definitions and Interpretation

1.2. Notice of Changes to these Terms

Service Provider reserves the right to modify these Terms at any time. If Service Provider makes a material change to these Terms, Service Provider will notify the User by means of a prominent notice on the Maestro Website, Maestro Bot or on the Maestro Channels prior to, or at the time of, the change becoming effective. The User is responsible for regularly reviewing the Maestro Website and the Maestro Channels to obtain timely notice of such modifications. If the User does not agree to any changes to these Terms, the User must stop using the Services immediately. The User will be deemed to have accepted such modifications by continuing to use the Services after the date of publication of such notice of change.

2. Representations and Warranties of the User

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

  1. Eligibility: You are at least 18 years old or of legal age to form a binding contract under applicable law, and you are an individual, legal entity, or organization with full legal capacity and authority to enter into these Terms.
  2. Authority: If you are entering into these Terms on behalf of a legal entity, you have all necessary rights and authority to bind such entity. You confirm that you are legally permitted to use the Services in your jurisdiction and legally permitted to own and trade cryptocurrencies.
  3. Compliance: You are responsible for ensuring compliance with all laws and regulations applicable to your jurisdiction, and you acknowledge that Noti is not liable for any failure to comply with such laws.
  4. Legal Use: Your use of the Services does not constitute a breach of any applicable laws or regulations in your jurisdiction.
  5. Understanding Risks: You understand the inherent risks associated with digital assets and the trading of such assets, including but not limited to market volatility, potential losses, and technical risks.
  6. Experience: You are knowledgeable, experienced, and sophisticated in using and evaluating blockchain technologies and digital assets. You have conducted your own thorough investigation and analysis of the Services and have not relied on any information or representations made by Company, except as expressly set forth in these Terms.
  7. Blockchain Knowledge: You possess a working understanding of the operation and management of digital wallets, blockchain technology, and smart contract-based tokens.
  8. Sufficient Knowledge: You have sufficient investment knowledge and experience to understand the risks associated with trading digital assets.
  9. Legal Funds: You will not engage in any activity involving proceeds from illegal or unlawful sources (including money laundering or terrorism financing) and will not violate any applicable laws.
  10. Service Integrity: You will not use the Services in any manner that may impair the functionality of the Services or interfere with other users’ ability to use the Services.
  11. Data Integrity: You will not transmit or input into the Services any files or data that may damage computing devices or software.
  12. Ownership of Wallet: You own and have full control over the digital wallet you use in connection with the Services.
  13. Source of Funds: You are the legal owner (or an authorized agent of the legal owner) of the funds you use for transactions in connection with the Services, and you represent that these funds are derived from legitimate sources.
  14. Prohibited Persons: You are not a U.S. Person, not physically present in any Prohibited Jurisdiction, and not a resident of any jurisdiction that prohibits your use of the Services.
  15. Sanction Lists: You are not, and have not been involved in a transaction with any person who is on any trade or economic sanctions lists, including but not limited to the UN Security Council Sanctions list or designated as a “Specially Designated National” by the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department.
  16. Permitted by Law: You are permitted by the laws of your jurisdiction of residence to acquire, receive, trade, and hold digital assets generally.
  17. Professional Advice: You have had the opportunity to seek independent legal, accounting, and other professional advice regarding these Terms and the Services.
  18. Understanding of Technology: You understand distributed ledger technology, digital assets, and cryptographic tokens, and are fully aware of the risks associated with their use.
  19. No Regulatory Affiliation: You acknowledge that the Services are not registered with any regulatory body or securities commission, and that the Company is not registered or licensed as an investment adviser, broker-dealer, money services business, money transmitter, or virtual currency business. Consequently, you will not receive the full set of protections offered to customers of such entities.
  20. Tax Responsibilities: You understand that nothing in these Terms constitutes tax, accounting, or legal advice, and you are solely responsible for determining the tax implications of your transactions conducted in connection with the Services.
  21. Tax Compliance: You bear the responsibility to declare, pay, and comply with any taxes, duties, imposts, levies, tariffs, and surcharges imposed by the laws and regulations of your applicable jurisdiction as a result of or in connection with the transactions arising from the Services.
  22. Accuracy of Representations: You represent and warrant that all of the representations and warranties made in this Agreement are true and accurate as of the date of acceptance of this Agreement and on any date that you use the Services. If any representations and warranties are not true and accurate prior to acceptance or during your use of the Services, you shall promptly notify Noti, specifying which representations and warranties are inaccurate and the reasons why.
  23. Cooperation: You agree, on behalf of yourself and your successors and assigns, to take any actions required by the Company to comply with applicable laws and to effectuate the purposes of this Agreement. You further agree that the Company may terminate this Agreement at its sole discretion if you refuse to comply with this provision.
  24. Reliance on Information: The Company and its officers, directors, and affiliates will rely on your information, representations, warranties, and covenants in this Agreement for various purposes.

3. No Representations and Warranties of the Company

The Company makes no representations or warranties with respect to the Services. The Services are provided on an "as is" and "as available" basis, without any warranties, including but not limited to any warranty of merchantability, fitness for a particular purpose, or any warranty regarding value, technical specifications, performance, or function. Noti expressly disclaims any liability for damage, loss, penalty, cost, or expense, whether direct or indirect, incidental, consequential, special, punitive, or economic (and whether or not caused by negligence) arising in connection with:

  1. Violation of Laws: Any violation of anti-money laundering, counter-terrorism financing, or other regulatory requirements during your use of the Services.
  2. Representations: Any breach of any representation, warranty, obligation, or covenant in this Agreement.
  3. Unauthorized Access: Any unauthorized data interception, interruption, transmission blackout, or delays during service delivery.
  4. Order Delays: Any delays in transmitting orders through the Services.
  5. Digital Wallet Security: Any loss of digital assets due to failure to safeguard your digital wallet, including the loss, destruction, theft, or accidental disclosure of a private key, or failure to use the proper type of digital wallet.

3.2 Disclaimer

Your access to and use of the Services is at your own risk, and you are solely responsible for any losses, damages, or costs resulting from such access or use. The Services do not constitute investment advice or any marketing or promotion of any product or investment. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. Company shall not be liable for any losses or damages, including but not limited to special, incidental, or consequential damages. By accessing or using the Services, you agree that the Company shall not have any liability, contingent or otherwise, to you or any third parties, for the accuracy, quality, security, or availability of the Services.

4. Service Provider Limitations

The Company, as the Service Provider:

(a) Technology Development: The Company is a technology developer that creates and operates a platform and Telegram bot (collectively referred to as the “Services”) that facilitate the management of digital assets, including but not limited to sending and receiving digital assets, creating wallets, and executing trades.

(b) Custody of Digital Assets: Notwithstanding the requirement for Users to provide access to their wallet Private Keys for transaction facilitation, the Company does not hold, custody, or take possession of the User's digital assets in any form. The Company shall not be responsible for any lost digital assets, or any revenue lost due to such losses, for any reason.

(c) Technology Provision: The Company provides technology for Users through its platform and Telegram bot that facilitates transactions by instructing wallets to send digital assets to other wallets or smart contracts according to the User’s commands.

(d) No Affiliation with Telegram: The Company is not affiliated with Telegram and has no control over its policies or privacy practices. The Company is not liable for any actions or changes made by Telegram that may result in delays, loss of privacy, loss of digital assets, or any other damages, losses, or expenses incurred by the User or their account on Telegram.

(e) Beta Services: The Services may be in beta or continuously evolving. The Company does not guarantee that the Services will always function as intended or without errors, as features may be added or modified over time.

(f) No Guarantees: The Company does not guarantee the accuracy, reliability, applicability, integrity, performance, or appropriateness of the Services. The Company shall not be liable for any loss, damage, or expense caused directly or indirectly by the User's use of the Services.

4.2 Requirements for Use of Services

To use the Services, Users must agree to and comply with the following requirements:

(a) Acceptance of Terms: By accessing the Services, Users agree to these Terms, as well as the Company’s Privacy Policy and Conduct Policy.

(b) Registration: Users are not currently required to register for an account; however, the Company reserves the right to require Users to register in the future with or without notice. The Company will not be liable for any damages or losses incurred due to changes in this policy.

(c) Information for Registration: If the Company determines that registration is required, Users must provide the necessary information as specified by the Company and any additional information deemed necessary by the Company in its sole discretion. Additional terms and conditions may apply to the use of the Services if registration is required.

(d) Refusal of Access: The Company may, in its sole discretion, refuse to grant access to the Services to any person for any reason, including without limitation for no reason at all.

(e) Accuracy of Information: If registration is required, Users agree to provide complete and accurate information during the registration process and to update this information as necessary to maintain its accuracy.

(f) User Identity Verification: The Company may, at its discretion, require identity verification from Users to access the Services. This may include, but is not limited to:

(i) The requirement for Users to provide Personal Information for identity verification;

(ii) Any Personal Information collected will be used by the Company to verify identity, detect money laundering, and prevent fraud, and will be handled in accordance with the Privacy Policy;

(iii) The Company may retain the provided Personal Information during the User's access period and for an additional five (5) years thereafter, or longer as required by applicable law;

(iv) Users authorize the Company to conduct necessary investigations to verify identity or protect against fraud;

(v) Users affirm that the Personal Information provided is accurate and agree to indemnify the Company against any losses incurred from inaccurate or incomplete information.

4.3 Service Usage Requirements

(i) The Services may only be used by the owner of the Telegram account or the Digital wallet owner. The Company reserves the right to suspend or terminate a User's access if the account is accessed by unauthorized persons.

(ii) If Users suspect unauthorized access, they should notify both Telegram and the Company immediately. The Company assumes no liability for any loss or damage arising from unauthorized use.

4.4 Security

(i) Users must treat their account access credentials (such as username and password) and any sensitive information (like private keys) as confidential and not disclose them to third parties. Users are responsible for implementing necessary security measures to protect their personal information related to their account and the Services. If the user suspects or become aware of any unauthorized use of the Services, he should notify the Company immediately. The Company assumes no liability for any loss or damage arising from the access and/or use of the Account by the user or any third party with or without user authorization.

(ii) Users are solely responsible for securing their account credentials and access, and the Company is not liable for any losses or damages resulting from authorized or unauthorized access to Users' accounts.

5. Fees

Accessing and/or using the Services may require Users to pay fees. All fees will be specified in either Virtual Assets or fiat currency and are non-refundable.

5.2 Fee Amounts

The Company charges a fee of 1% (the “Fee”) on each “buy” or “sell” transaction, defined as the exchange of one Digital Asset for another, either directly or indirectly through an intermediary Digital Asset (collectively, “Buy/Sell Transaction”). Presale contributions of a Digital Asset using the Services will also be considered a Buy/Sell Transaction.

5.3 Fee Composition

Fees for Buy/Sell Transactions must be paid by the User in the Native Currency of the Blockchain associated with the Digital Asset being traded or the native token of the Company. For example, if a User performs a Buy/Sell Transaction using an Ethereum Wallet, the Fees will be charged in Ethereum or Noti tokens.

5.4 Gas Fees

The Fee charged by the Company does not include Gas Fees. Gas Fees are transaction fees paid by the User to the Blockchain network for processing transactions, and the Company will not be liable for any Gas Fees incurred. Gas fees may occur even in case the transaction is failed due to blockchain and system failures and those are in sole responsibility of the user.

5.5 Minimum Fee

The Company reserves the right, at its sole discretion and without prior notice, to:

5.6 Notice of Change of Fees

In the event of changes to the Fees charged for the Services, the Company will notify Users through its website or via social media channels. Users will be deemed to have accepted any changes in Fees with respect to Transactions undertaken after the notice of change is provided.

5.7 Subscription Services

The Services may include subscription-based plans with automatically recurring payments (“Subscription Service”). The “Subscription Billing Date” is the date of the first subscription purchase, and the Subscription Service will begin on this date and continue for the chosen subscription period (the “Initial Subscription Period”). It will automatically renew for successive periods of the same duration unless the User cancels the Subscription Service or the Company terminates it. Users authorize the Company to charge the applicable Subscription Fee on or before the payment due date. To avoid charges for the next Subscription Period, Users must cancel their Subscription Service before renewal.

6. Indemnification

You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, agents, employees, successors, and assigns (collectively referred to as "the Company Entities") from any and all liabilities, losses, damages, costs, and expenses, including attorney’s fees, incurred by any of the Company Entities arising from your failure to perform your obligations under these Terms or any applicable laws. This includes, but is not limited to, situations where your representations and warranties are found to be untrue or incorrect. You also agree to promptly reimburse the Company Entities for all damages, costs, and expenses incurred in the enforcement of these Terms or any other agreements between you and the Company.

In addition to any limitations of liability specified elsewhere in these Terms, the Company Entities shall not be held liable and are released from all claims and losses incurred in relation to the following:

The Company Entities reserve the right to exercise sole control over the defense of any claim subject to indemnification under this section, at your expense.

7. Disclaimer of Warranties / Limitation of Liability

7.2 The Company Entities shall not be responsible for any loss or damage caused, directly or indirectly, by events beyond the Company’s control. This includes, but is not limited to, loss resulting from delays or inaccuracies in the transmission of orders and information due to failures in communication or power outages. The Company is not liable for any losses arising from third-party services or links to external sites.

7.3 The Company does not warrant that the Services will be available without interruption or error-free, and the Services are provided "AS IS" without any representation or warranty of any kind.

7.4 Under no circumstances shall the Company or any of its subsidiaries, affiliates, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from the use of, or inability to use, the Services. This includes, but is not limited to, lost profits, trading losses, loss of data, or unauthorized access to your information.

7.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY THE COMPANY ENTITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.5 NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE COMPANY UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.6 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT.

8. Miscellaneous

8.2 Headings: The headings used in these Terms are for convenience only and will not affect their interpretation.

8.3 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Panama without regard to its conflict of law provisions.

8.4 Arbitration: Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the arbitration provisions set forth in Section 12.

8.5 Independent Parties: The Company is an independent contractor and is not an agent of the User in the performance of the Services or for any purpose related to these Terms.

8.6 Entire Agreement: These Terms constitute the entire agreement between the Parties regarding the use of the Services and supersede all prior agreements, whether written or oral. The Company reserves the right to modify these Terms at any time. Continued use of the Services after any changes constitute acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.

8.7 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

8.8 Assignment: You may not assign any rights or obligations under these Terms without prior written consent from the Company. The Company may assign its rights or obligations without notice to you.

8.9 Force Majeure: The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to any cause beyond its reasonable control.

8.10 No Waiver: The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.

8.11 Confidentiality: The parties agree that any arbitration proceedings shall be kept confidential, except as required by law.

USER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING TERMS AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.