Terms of Service for Zinance
Last Updated: December 15th, 2024
Welcome to Zinance! These Terms of Service constitute a legally binding agreement between you and Zinance.
By accessing or using any of our services, including visiting our website, using our platform, or creating an account, you acknowledge that: (1) you have read, understood, and agree to these Terms of Service; (2) you are of legal age to enter into this agreement; and (3) you have the authority to accept these terms. If you disagree with these terms, please do not use our services.
Important Notice Regarding Dispute Resolution
Please be aware that Section 13 of this agreement contains provisions that govern dispute resolution between you and Zinance. By accepting these terms, you acknowledge and agree to the following:
- Arbitration Requirement: Most disputes will be resolved through binding arbitration, not in court
- Individual Claims Only: You may only bring claims against Zinance on an individual basis, not as part of a class action or representative proceeding
- Waiver of Court Proceedings: You waive the right to a jury trial or other court proceedings, except in limited circumstances as outlined in this agreement
Service Description
Zinance provides a platform for users to discover, track, and interact with data from compatible blockchain applications. Our services are designed to enhance your cryptocurrency trading experience while maintaining transparency and security.
Important Disclaimers
PLEASE NOTE THAT ZINANCE:
- Is not a broker, financial institution, or intermediary
- Cannot initiate transfers of your cryptocurrency or digital assets
- Has no fiduciary relationship or obligation to you
- Does not provide financial advice or recommendations
- Cannot perform transactions on your behalf - all transactions are initiated by you
Agreement Updates
Zinance reserves the right to modify these terms at any time. Changes will be effective immediately for new users and after thirty (30) days for existing users. Continued use of our services after modifications indicates your acceptance of the updated terms. We recommend regularly checking these terms for any changes.
1. Use of Services
Service License
All Zinance services are protected by copyright laws worldwide. We grant you a limited license to use portions of our services solely for your personal or internal business purposes. Your right to use any and all Zinance services is subject to these terms and conditions.
Mobile Application License
Subject to your compliance with these terms, Zinance grants you a limited, non-exclusive, non-transferable, and revocable license to:
- Download and install the Zinance app on devices you own or control
- Use the app for personal or internal business purposes
- For iOS users: Use the app on Apple-branded products in accordance with Apple App Store Terms of Service
- For Android users: Access additional sharing features within your designated family group as permitted by Google Play policies
Platform Updates
Zinance is constantly evolving to better serve our users. We may update our services with or without prior notification. To ensure optimal performance, you may need to:
- Update your app to the latest version
- Update required third-party software
- Accept new terms or features when prompted
2. Registration
User Eligibility and Responsibility
By using Zinance services, you confirm that you are not prohibited from using our services under the laws of Canada, your country of residence, or any other applicable jurisdiction. You are responsible for:
- All activities occurring during your use of our services
- Monitoring and preventing unauthorized use by minors
- Accepting full responsibility for any unauthorized use of the services
- Ensuring compliance with all applicable laws and regulations
Technical Requirements
To access and use Zinance services effectively, you must:
- Provide all necessary equipment, software, and hardware for connecting to our services
- Pay any fees associated with your access, including Internet connection or mobile data charges
- Maintain the security of your hardware devices
Important Security Notice:
Zinance will not be liable for unauthorized transactions that occur due to compromised devices or security breaches on your end. It is your responsibility to ensure your devices remain secure and to immediately report any unauthorized access or suspicious activity.
3. Responsibility for Content
Content Ownership and Responsibility
You acknowledge that all content available through the Zinance platform, including the services themselves, is the responsibility of the party that created it. This means:
- You and other registered users, not Zinance, are responsible for any content you create, share, or post
- You maintain full responsibility for ensuring your content complies with all applicable laws and regulations
- Zinance does not claim ownership of user-generated content but reserves the right to moderate or remove content that violates our terms
Custom Integrations and Adapters
For any custom integrations or adapters you develop or make available through Zinance services:
- You are solely responsible for securing all necessary rights and licenses
- You acknowledge that Zinance has no obligation to publish or maintain your integrations
- You have no rights to any modifications or enhancements Zinance may make to your integrations
- Zinance is not obligated to provide technical support for custom integrations unless explicitly agreed upon in writing
Important Notice About Third-Party Integrations:
While Zinance provides a platform for connecting with various blockchain applications and services, we do not endorse or take responsibility for third-party integrations. Users should exercise caution and conduct their own due diligence when interacting with any third-party services or integrations.
4. Ownership
Platform Ownership
Except for Open Source Software (OSS), your wallet, and your user content, you acknowledge that Zinance and its licensors own all rights, title, and interest in the services. You agree not to:
- Remove or alter any copyright notices
- Modify any trademark or service mark identifiers
- Obscure any proprietary rights notices in the services
Open Source Software
Our services may utilize open source software (OSS). By using our services, you agree to:
- Comply with all applicable OSS licenses
- Acknowledge that OSS components are governed by their respective licenses
- Accept that your rights regarding OSS are defined by their respective licenses
Upon written request to our notice address, Zinance will make available any OSS and our modifications as required by the applicable licenses.
Trademarks and Branding
The Zinance name, logo, and all related graphics, logos, service marks, and trade names used in connection with our services are trademarks of Zinance. These may not be used without explicit permission in connection with any third-party products or services. All other trademarks appearing in our services belong to their respective owners.
User Content Rights
While Zinance does not claim ownership of your user content, by posting or publishing content on our platform, you grant Zinance a:
- Royalty-free, perpetual, and irrevocable worldwide license
- Right to use, reproduce, modify, and adapt your content
- Permission to create derivative works and distribute your content
- License to incorporate your content in other works in any form or technology
For custom integrations involving third-party brands, you warrant that you have all necessary rights to grant Zinance these licenses.
Feedback and Suggestions
When you provide feedback to Zinance:
- You do so at your own risk
- You warrant that you have all rights necessary to submit the feedback
- You grant Zinance a perpetual, worldwide license to use the feedback
- Zinance may use feedback for any purpose without compensation
5. User Conduct
You are solely responsible for your conduct while using Zinance services. By using our platform, you agree to abide by these terms and specifically agree not to:
General Conduct
- Provide false or misleading information to Zinance
- Access or attempt to access another user's wallet without authorization
- Impersonate any person or entity
- Interfere with other users' enjoyment of the services
- Damage, disable, or overburden our services
Technical Restrictions
- Develop or use software that could harm our services
- Bypass security measures or access restrictions
- Circumvent content filtering systems
- Use automated tools, bots, or scrapers without authorization
- Ignore automated access control instructions
Data Usage Restrictions
- Harvest user data for contact purposes
- Use collected data for direct marketing activities
- Collect information to contact individuals or entities
Prohibited Activities
- Use services for any illegal or unauthorized purpose
- Engage in money laundering or terrorist financing
- Participate in market manipulation activities including:
- Front-running
- Wash trading
- Pump and dump schemes
- Market cornering
- Conduct unregistered financial activities including:
- Securities trading
- Unauthorized debt or equity financing
- Unlicensed financial transactions
Fundraising Restrictions
- Use the platform for unauthorized fundraising
- Create or trade assets that:
- Are redeemable for financial instruments
- Provide rights to participate in ICOs or securities offerings
- Offer financial rewards (including DeFi yields, staking bonuses, or burn discounts)
Intellectual Property
- Share content that infringes on intellectual property rights
- Violate patents, trademarks, or copyrights
- Infringe on publicity or other rights
Important Notice: Any unauthorized use of Zinance services will result in immediate termination of your license to use our platform. Zinance reserves the right to take appropriate legal action for any violations of these terms.
6. Investigations
Monitoring and Review
While Zinance may monitor or review services and content, we are not obligated to do so. We reserve the right to:
- Remove any user content for any reason, including violations of these terms or applicable laws
- Conduct investigations into possible violations of our terms
- Take action without prior notice if violations are discovered
Enforcement Actions
If Zinance becomes aware of potential violations, we may, at our sole discretion:
- Immediately terminate your license to use our services
- Change or remove your user content, in whole or in part
- Take any other appropriate action to protect our platform and users
Important Notice: While we strive to maintain the integrity of our platform, our monitoring is not comprehensive. Users should report any suspicious activities or violations of these terms to help maintain a safe trading environment.
7. Interactions with Other Users
User Responsibility
You are solely responsible for all interactions with other users and any parties you engage with through our platform. While Zinance reserves the right to intervene in disputes, we are not obligated to do so. You acknowledge and agree that:
- Zinance is not responsible for any liability arising from user interactions
- You should exercise caution when interacting with other users
- You should report any suspicious or harmful behavior to Zinance
Connected Content and Third-Party Services
Regarding content that becomes publicly available through our services or third-party integrations:
- Zinance is not liable for how others may view or use your publicly available content
- We do not review connected content for accuracy, legality, or non-infringement
- We are not responsible for any connected content from third-party service providers
IMPORTANT PRIVACY DISCLAIMER:
ZINANCE DISCLAIMS ANY LIABILITY FOR CONNECTED CONTENT, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, THAT MAY BE PROVIDED BY THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF YOUR PRIVACY SETTINGS. It is your responsibility to review and understand the privacy implications of connecting any third-party services to your Zinance account.
Best Practices for User Interactions
To ensure a safe trading environment, we recommend:
- Verifying the identity of users you interact with
- Never sharing private keys or sensitive account information
- Using secure communication channels
- Being cautious of unsolicited trading or investment advice
Remember: While Zinance provides the platform for cryptocurrency trading and interactions, we cannot guarantee the authenticity or reliability of other users. Always exercise due diligence in your interactions.
8. Indemnification
Your Indemnification Obligations
You agree to indemnify and hold Zinance and its affiliates, officers, employees, agents, partners, and licensors (collectively, "Zinance Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of:
- Your user content and its use
- Your use of, or inability to use, any Zinance services
- Your violation of these terms of service
- Your violation of any other user's rights
- Your violation of any applicable laws, rules, or regulations
Zinance's Defense Rights
Zinance reserves the right, at its own cost, to:
- Assume exclusive defense and control of any matter subject to indemnification
- Request your full cooperation in asserting any available defenses
- Take any action necessary to protect our platform and users
Important Exceptions:
This indemnification provision does not require you to indemnify Zinance Parties for:
- Any unconscionable commercial practices
- Fraud or deceptive practices
- False promises or misrepresentations
- Concealment or omission of material facts regarding the services
Survival Clause: These indemnification provisions will survive any termination of your agreement with Zinance and/or your access to the services.
9. Assumption of Risk Related to Blockchain Technology
Transaction Confirmation and Control
All digital asset transactions must be confirmed and recorded on their respective blockchains. You acknowledge that:
- Zinance has no control over any blockchain networks
- We cannot guarantee transaction validation or confirmation
- We cannot facilitate transaction cancellations or modifications
- Complex financial transactions through ecosystem partners may carry high risks
User Technical Acknowledgment
By using our services, you confirm that you:
- Have the technical expertise to evaluate wallet security and operations
- Possess knowledge to assess risks and compliance requirements
- Understand and accept blockchain technology risks
- Take responsibility for analyzing risks specific to your digital assets
Market and Tax Considerations
- Digital asset prices can be extremely volatile
- Zinance makes no warranties about digital asset markets
- You are solely responsible for determining applicable taxes
- Zinance is not responsible for tax determinations on transactions
Digital Asset Operations
Important information about digital asset operations:
- Zinance does not store, send, or receive digital assets
- Transfers occur solely on the blockchain, not within our services
- Transactions may be delayed or incomplete due to blockchain activity
- We cannot assist with transaction cancellations or modifications once submitted
Technology Risks
Known risks of using blockchain technology include:
- Hardware, software, and Internet connection failures
- Malicious software threats
- Unauthorized wallet access
- Counterfeit or mislabeled assets
- Smart contract vulnerabilities
- Communication disruptions and delays
Regulatory and Governance Risks
- Uncertain regulatory environment for blockchain technologies
- Potential adverse effects from new regulations or policies
- Blockchain governance uncertainties
- Possible unfavorable operational decisions
- Sudden protocol changes affecting asset value and function
Security and Third-Party Services
Important Disclaimers:
- Zinance makes no guarantees about blockchain security
- We are not liable for hacks, double spending, or stolen assets
- No warranties are provided for third-party wallet functionality (e.g., MetaMask, Ledger)
- We do not guarantee access to or functionality of ecosystem partners
By using Zinance services, you explicitly acknowledge and accept all risks associated with blockchain technology and cryptocurrency trading.
10. Disclaimer of Warranties and Conditions
"As Is" Service Provision
IMPORTANT NOTICE:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
- Your use of Zinance services is at your sole risk
- Services are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults
- Zinance Parties expressly disclaim all warranties, representations, and conditions of any kind
Zinance makes no warranty, representation, or condition that:
- Services will meet your requirements
- Your use will be uninterrupted, timely, secure, or error-free
- Results obtained will be accurate or reliable
Content and Access Risks:
- All content accessed through our services is at your own risk
- You are solely responsible for any damage to your property or devices
- Services may be subject to delays, cancellations, and disruptions
- No advice or information from Zinance creates additional warranties
Third-Party Conduct
THIRD-PARTY LIABILITY DISCLAIMER:
YOU ACKNOWLEDGE AND AGREE THAT:
- Zinance Parties are not liable for third-party conduct
- Risk of injury from third parties rests entirely with you
- We make no warranties about third-party goods or services
- We cannot guarantee accuracy of connected content from third parties
Digital Asset Disclaimers
Zinance shall be under no obligation to inquire into and shall not be liable for damages relating to:
- Ownership, validity, or genuineness of any digital asset
- Collectability, insurability, effectiveness, or marketability of digital assets
- Losses, delays, failures, errors, or interruptions beyond Zinance's control, including:
- Blockchain failures
- Third-party service provider issues
- Ecosystem partner problems
- Data loss or corruption
These disclaimers are fundamental elements of the agreement between you and Zinance. Using our services indicates your acceptance of these limitations.
11. Limitation of Liability
Disclaimer of Certain Damages
IMPORTANT NOTICE:
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ZINANCE PARTIES BE LIABLE FOR:
- Loss of profits
- Loss of cryptocurrency or virtual currency
- Loss of revenue or data
- Indirect, incidental, special, or consequential damages
- Damages due to loss of production or use
- Business interruption costs
- Procurement of substitute goods or services
This applies regardless of whether Zinance has been advised of such possibilities, arising from:
- Use or inability to use our services
- Costs from substitute goods or services
- Unauthorized access to or alteration of your data
- Third-party statements or conduct
- Any other matter related to our services
Exception to Limitation:
The above limitation of liability does not apply to:
- Death or personal injury caused by Zinance Party's negligence
- Injury caused by Zinance Party's fraud or fraudulent misrepresentation
Cap on Liability
MAXIMUM LIABILITY:
TO THE FULLEST EXTENT PROVIDED BY LAW, ZINANCE PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF:
- $100; or
- The remedy or penalty imposed by the statute under which such claim arises
The same exceptions for death, personal injury, fraud, or fraudulent misrepresentation apply to this cap.
Jurisdictional Variations
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you might have additional rights.
Fundamental Agreement Element:
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZINANCE AND YOU.
12. Term and Termination
Term of Agreement
This Agreement begins when you accept these terms (as described in the preamble above) and remains in full force and effect while you use Zinance services, unless terminated earlier in accordance with this Agreement.
Termination by Zinance
Important Notice About Service Termination:
Zinance reserves the right to:
- Terminate or suspend your access to our services for any reason at our discretion
- Determine whether you have violated any terms of this Agreement
- Take action without prior notice if violations are found
If we suspend your access to our services, you may continue to access your wallet directly or through other services not hosted by us. Zinance will not have any liability whatsoever to you for any suspension or termination.
Termination by You
You may terminate your use of Zinance services at any time by:
- Ceasing all use of our services
- Disconnecting your wallet from our platform
You may continue to access your wallet directly or through other services not hosted by us after termination.
Survival of Terms
All provisions of the Agreement which by their nature should survive will remain in effect after termination, including but not limited to:
- Ownership provisions
- Warranty disclaimers
- Limitation of liability
- Indemnification obligations
Restrictions After Termination
Post-Termination Access Prohibition:
If your access to Zinance services or any Zinance community is discontinued:
- You agree not to attempt to access the services through a different wallet
- You will not try to circumvent the termination using alternate accounts
- You will not attempt to access Zinance communities through other means
Violation of these post-termination restrictions may result in immediate additional actions by Zinance, without notice or warning.
13. Dispute Resolution
General Approach
Zinance is committed to resolving disputes efficiently and in good faith. If you have any concerns or disagreements regarding our services, we encourage you to reach out to us first to resolve the matter informally.
Informal Resolution Process
Before initiating any formal dispute resolution process:
- Contact us directly through our support channels:
- Email: support@zinance.money
- Mailing Address: 2000 Argentia Rd, Plaza 3 Suite 400, Mississauga, ON, L5N 1V9
- Provide a detailed description of the issue and any relevant supporting information
- Allow us reasonable time to investigate and respond to your concern
- Collaborate with us to reach a mutually agreeable resolution
Formal Dispute Resolution
Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these terms, or the breach thereof, will be resolved exclusively through binding arbitration conducted by a neutral third-party arbitrator. Arbitration will follow the rules of a recognized arbitration organization mutually agreed upon by the parties.
Class Action and Jury Waiver
By agreeing to these terms, you:
- Waive your right to participate in class actions or similar collective proceedings
- Waive your right to a trial by jury in court
Exceptions to Arbitration
The arbitration agreement does not apply to:
- Claims that may be brought in small claims court
- Claims related to intellectual property rights or unauthorized access to Zinance's services
- Cases where arbitration is prohibited by applicable laws
Arbitration Location and Procedure
- Arbitration will take place in your country of residence or another mutually agreed-upon location
- The arbitrator's decision will be final and binding, with limited rights of appeal as permitted under applicable laws
Governing Law and Jurisdiction
- This agreement will be governed and construed in accordance with the laws of your country of residence, without regard to conflict of law principles
- For disputes not subject to arbitration, any formal legal proceedings must be brought in courts of competent jurisdiction within your country of residence
Consumer Rights
Nothing in this agreement limits your rights under applicable consumer protection laws or overrides any statutory rights that cannot be waived by agreement.
Changes to Dispute Resolution Terms
Zinance reserves the right to update this dispute resolution section as our services evolve. If material changes are made, we will notify you through our website or other appropriate communication channels. Continued use of our services after such notice constitutes your acceptance of the updated terms.
14. Third-Party Services
Integration with External Services
Our services may contain links to or integrate with various third-party services, applications, and websites. You acknowledge and understand that:
- When you access third-party services, you leave Zinance's ecosystem
- Third-party services operate under their own terms and privacy policies
- We may not provide explicit warnings when you transition to external services
Important Notice About Third-Party Services:
Zinance:
- Does not control third-party services
- Cannot guarantee their safety or reliability
- Provides third-party links only as a convenience
- Does not endorse or make representations about third-party services
- Is not responsible for content, accuracy, or practices of third parties
Your Responsibility
When using third-party services, you should:
- Review their terms of service and privacy policies
- Understand their data collection and usage practices
- Conduct appropriate due diligence before transactions
- Accept that you use third-party services at your own risk
- Acknowledge that our terms no longer apply once you leave our platform
Security Advisory:
Before engaging with any third-party service, especially those involving cryptocurrency transactions or wallet connections, ensure you verify their legitimacy and security measures. Zinance cannot be held responsible for any losses or issues arising from your use of third-party services.
15. General Provisions
Electronic Communications
For contractual purposes, you consent to receive communications from Zinance in electronic form. You agree that all terms, conditions, agreements, notices, and other communications provided electronically satisfy any legal requirement for written communications, subject to applicable laws in your jurisdiction.
Release
By using our services, you release Zinance and associated parties from claims, demands, losses, damages, rights, and actions of any kind that arise from:
- Your use of the services
- Interactions with other users
- Third-party website interactions
- Personal injuries or property damage related to service use
Assignment
You may not assign, subcontract, delegate, or transfer your rights and obligations under this agreement without prior written consent from Zinance. Any attempted transfer without consent will be void.
Force Majeure
Zinance shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to:
- Natural disasters or acts of God
- War, terrorism, or civil unrest
- Technical failures or cyber attacks
- Network or blockchain disruptions
- Regulatory changes or restrictions
Questions and Support
If you have questions, complaints, or claims regarding our services, please contact us through our support channels. We will make reasonable efforts to address your concerns promptly and thoroughly.
Governing Law
These terms will be governed by and interpreted according to the laws of your country of residence, without giving effect to any principles that provide for the application of the law of another jurisdiction. Local consumer protection laws may apply.
Waiver
Any failure to enforce any provision of this agreement shall not constitute a waiver of that or any other provision, nor prevent enforcement of that or any other provision in the future.
Severability
If any portion of this agreement is found to be invalid or unenforceable, that portion shall be interpreted in accordance with applicable law while reflecting the original intentions of the parties as closely as possible. The remaining portions shall remain in full effect.
International Users
Our services can be accessed globally but may contain references to features not available in all locations. Users accessing the services from different countries:
- Do so at their own initiative
- Are responsible for compliance with local laws
- Acknowledge that service availability may vary by region
- Must comply with applicable international regulations
Entire Agreement
This agreement constitutes the complete and exclusive understanding between the parties regarding the subject matter and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
16. Mobile Apps
The following terms apply to your access and use of the App.
App Stores
You acknowledge and agree that the availability of the App and the Services is dependent on the App Store from whom you received the App license. You acknowledge that the Agreement is between you and Zinance and not with the App Store. Zinance, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Apple App Store Specific Terms
The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:
(i) You acknowledge and agree that (i) the Agreement is concluded between you and Zinance only, and not Apple, and (ii) Zinance, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Service.
(ii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App.
(iii) In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Zinance and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Zinance.
(iv) You and Zinance acknowledge that, as between Zinance and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(v) You and Zinance acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party's intellectual property rights, as between Zinance and Apple, Zinance, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(vi) You and Zinance acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.
(vii) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.
17. Referral Program
The Referral Program allows individuals ("Referrers") to earn certain rewards ("Incentives") when they refer other individuals ("Friends") to create an account on the Service using a unique referral link provided by the Referrer. This Section 17, together with the other provisions in this Agreement and any Additional Referral Terms, governs participation in the Referral Program.
Incentives
Unless otherwise specified in any Additional Referral Terms, and subject to the Referrer's continuous compliance with this Agreement, each Referrer will be entitled to receive fifty percent (50%) of the Platform Fees paid by any Friend who signs up using that Referrer's Referral Link for a period of six (6) months following the Friend’s registration date.
(i) Unless stated otherwise in Additional Referral Terms, Incentives will be credited to the Referrer’s Wallet within thirty (30) days after the relevant Platform Fees have been paid.
(ii) Each Referrer is solely responsible for any applicable taxes on the Incentives received. The Referrer agrees to indemnify Zinance against any claims or liabilities arising from or related to such tax obligations, whether or not such taxes are ultimately paid.
Sharing Referral Links
(i) Referral Links are personal and should only be sent to individuals you know personally. They are intended solely for personal, non-commercial use. Sharing Referral Links beyond your personal network is strictly prohibited. You may not post or distribute Referral Links on publicly available commercial sites (e.g., coupon websites, Twitter, Reddit) or blogs. You may not "spam" anyone with referral invitations, including sending mass emails, texts, or messages to individuals you do not know, or using automated systems, bots, or any other channel to spread your Referral Link. You are prohibited from paying to advertise your Referral Link or offering compensation or any other value to anyone in exchange for using your Referral Link.
(ii) When sharing a Referral Link, you must disclose to your Friend that you will receive an Incentive if they sign up using your Referral Link, and explain the nature of that Incentive. You must obtain their explicit consent before providing them with your Referral Link. You agree to comply with all applicable laws, rules, and regulations. Any statements you make about Zinance or its products and services must: (a) be truthful and accurate based on publicly available information, and (b) be accompanied by a clear statement that your views reflect your own opinion and not that of Zinance. You agree to indemnify and hold harmless Zinance and its affiliates from any and all damages, costs, claims, expenses, and other liabilities (including reasonable attorneys’ fees) arising out of or related to any breach or alleged breach by you of this Section 17 (Referral Program).
(iii) By allowing you to participate in the Referral Program, Zinance is not authorizing you to make statements on its behalf regarding Zinance, its products, services, or the Referral Program. All such statements are not endorsed by Zinance.
Reservation of Rights
Zinance may suspend or terminate the Referral Program, or your participation in it, at any time and for any reason. For example, we reserve the right to review and investigate all referral activities and to suspend access to the Services or revoke or cancel any earned Incentives if we believe, in our sole discretion, that the activity is abusive, fraudulent, violates this Agreement or any Additional Referral Terms, or is otherwise inappropriate. We also reserve the right to disable any Referral Links or change any Incentives associated with them at any time. Without limiting the above, Zinance may retroactively revoke or void any Incentive that it, in its sole discretion, deems to have been earned in violation of this Agreement, not meeting eligibility requirements, distributed via unauthorized channels, in violation of applicable laws, or associated with content deemed offensive or inappropriate. Such content may include, without limitation, any form of pornography, obscene or indecent material, hate speech, endorsements of violence, defamatory or disparaging content, or anything that harms Zinance’s goodwill, reputation, or brand image, or promotes any form of discrimination.
Multiple Referrals
An individual who is referred may only use one Referral Link. If someone receives multiple Referral Links, only the Referrer whose link was actually used for the individual’s sign-up will receive the related Incentives.
18. Definitions
(a) "Adapter" means a software tool that enables and facilitates the interoperability of a particular DeFi project with the Services.
(b) "Additional Referral Terms" means any additional tools published in a referral invitation or otherwise associated with any particular Referral Program offer or promotional code.
(c) "Agreement" means this Terms of Service and any Supplemental Terms applicable to your use of the Services.
(d) "App" means the mobile application made available by Zinance.
(e) "App Store" means the app store from which you downloaded the App, and may include the Apple App Store or Google Play Store.
(f) "App Store Sourced App" means an App accessed through or downloaded from the Apple App Store.
(g) "Arbitration Agreement" means the dispute resolution mechanism in Section 13.
(h) "Brand" means, with respect to any Adapter, the trademark, logo, or other indicia of identity of the DeFi project or other third-party entity the interoperability of which is facilitated by such Adapter.
(i) "Connected Content" means any Content or personal financial data that you have provided to and stored in your Wallet.
(j) "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials.
(k) "Digital Asset" means any cryptocurrency, cryptoasset, blockchain-based token, or other digital asset supported by the Services.
(l) "Ecosystem Partner" means certain supported DeFi applications and projects.
(m) "Feedback" means any ideas, suggestions, documents, and/or proposals that you submit to Zinance through Discord or otherwise through the Services.
(n) "Friend" means an individual personally known by a Referrer.
(o) "Google Play Sourced App" means any App accessed through or downloaded from the Google Play store.
(p) "Incentive" means any benefit that a Referrer may receive as a result of participating in the Referral Program.
(q) "Make Available" means to upload, post, e-mail, transmit or otherwise make available through the Services.
(r) "OSS" or "Open-Source Software" means any software or components thereof subject to "open source" or "free software" licenses.
(s) "Platform Fee" means any fee paid or payable by a Registered User to Zinance in connection with such Registered User's use of the Services.
(t) "Referral Link" means a personal link or code used by a Referrer to refer Friends to the Services through the Referral Program.
(u) "Referral Program" means the referral rewards program offered by Zinance subject to the terms of Section 17 of this Agreement.
(v) "Referrer" means a Registered User that participates in the Referral Program.
(w) "Registered User" is a user who has a valid Third-Party Account, including without limitation a Wallet, through which the user has connected to the Services.
(x) "Services" means any products and services made available by Zinance, including without limitation the Website and the App.
(y) "Supplemental Terms" means any terms or policies applicable to any products or services offered by Zinance that are not addressed in these Terms of Service.
(z) "Terms of Service" means this Zinance Terms of Service Agreement that governs your access to and use of the Services.
(aa) "Third-Party Account" means a valid account on a third-party service provider or social networking service supported by the Services, such as Facebook, Twitter or GitHub, or a valid third-party Wallet compatible with the Services.
(bb) "Third-Party Services" means and third-party websites, applications, and advertisements for third parties accessible or otherwise connected to the Services but not provided by Zinance.
(cc) "User Content" means any Content that is Made Available by Registered Users on or through the Services.
(dd) "Wallet" means a software-based system for secure storage of cryptocurrency, cryptoassets, and payment information related thereto.
(ee) "Website" means the Zinance website and any associated subdomains.
(ff) "You" means the individual or legal entity, as applicable, that is using or accessing the Services, or that is identified as the user when you registered on the Services.
(gg) "Zinance", "we", "us" means Zinance Inc.
(hh) "Zinance Parties" means Zinance, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors.
By using Zinance services, you agree to be bound by these terms and conditions.