Terms and Conditions

BY USING TIRADOR BOT SERVICES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS

1. The Agreement

1.1. The Tirador Bot Services Agreement (“Agreement” or “Terms”) is a legally binding contract between you (“User”, “You”) and Tirador Bot governing your use of Tirador Bot's online products and services. The parties to this Agreement are Tirador Bot, which provides services available and described in Tirador Bot Telegram Mini-App at https://t.me/tirador_bot (the link and all its functionality together being the “Tirador Bot Services”), and the users of these services and applications on Telegram and other platforms (“Users”). Users consent to adhering to all the terms set forth in this Agreement when/if you are provided with an “Agree” button and clicking on it.

2. Acceptance of Terms

2.1. By accessing or using Tirador Bot Services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our services.

2.2. Tirador Bot grants the Users a non-exclusive, personal, non-transferable right to use the Tirador Bot Services on Users’ personal computers or other devices that accesses the Internet in order to access and use the Tirador Bot Services, subject to the terms and conditions contained herein.

3. User Responsibilities

3.1. Users agree to use Tirador Bot Services in compliance with all applicable laws and regulations. Users must not:

• Engage in any unlawful activities.

• Distribute malware or other harmful software.

• Attempt to gain unauthorized access to other accounts or Tirador Bot systems.

• Engage in harassment or abusive behavior.

3.2. Users are responsible for maintaining the confidentiality of their Telegram account and for all activities that occur under their account. Users must notify Tirador Bot immediately of any unauthorized use of their account. Tirador Bot is not liable for any loss or damage arising from User failure to comply with this obligation.

4. Termination and Suspension

4.1. Tirador Bot reserves the right to terminate or suspend a user's account and access to services, with or without notice, for conduct that Tirador Bot believes violates these Terms and Conditions or is harmful to other users of the Tirador Bot Services, Tirador Bot, or third parties, or for any other reason in Tirador Bot’s sole discretion. In the event of termination or suspension, Tirador Bot will allow the user to withdraw any remaining funds first, provided such withdrawal is legally permissible and in compliance with applicable regulations.

5. Intellectual Property

5.1. All content and materials included in Tirador Bot Services, such as text, graphics, logos, images, and software, are the property of Tirador Bot or its content suppliers and are protected by intellectual property laws. Users agree not to reproduce, duplicate, copy, sell, or exploit any portion of Tirador Bot Services without express written permission from Tirador Bot.

5.2. Tirador Bot and its licensors are the sole holders of all rights in and to the Tirador Bot Services and code, technology, organization and structure, architecture, including copyright, trade secrets, intellectual property and other rights. You may not: (a) copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify Tirador Bot, or translate the information about Tirador Bot or the Tirador Bot Services; or (b) use the Tirador Bot Services that in any way is prohibited by applicable laws or regulations (each of the above herein defined as an "Unauthorized Use").

5.3. Tirador Bot reserves any and all rights implied or otherwise, which are not expressly granted to the Users hereunder and retain all rights, title and interest in and to the Tirador Bot Services. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Tirador Bot immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Tirador Bot with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

6. Amendments to Terms

6.1. Tirador Bot may modify these Terms and Conditions at any time. We will notify users of any changes by posting the new Terms and Conditions on our platform. Continued use of the Tirador Bot Services after such changes constitutes acceptance of the new terms.

7. Indemnification

7.1. Users agree to indemnify, defend, and hold harmless Tirador Bot and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in any way connected with their access to or use of Tirador Bot Services.

8. Dispute Resolution

8.1. In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the use of Tirador Bot Services, the parties shall first attempt to resolve the matter through negotiation. If a User wishes to make a complaint, please contact Tirador Bot 's customer service team at contact@tirador.io. If the dispute is not resolved through negotiation, it shall be settled by binding arbitration.

9. Limited Liability

9.1. Tirador Bot endeavors to update and supplement the content of its services regularly. Despite our diligence, content may be incomplete or incorrect. The materials provided by Tirador Bot are offered without any form of guarantee or claim to their accuracy. These materials can be changed at any time without prior notice from Tirador Bot. Specifically, all prices on the Tirador Bot Services are subject to typographical and programming errors. No liability is assumed for the consequences of such errors. No agreement will be concluded based on such errors. Tirador Bot shall not bear any liability for hyperlinks to third-party websites or services included in the Tirador Bot Services. From the Tirador Bot Services, Users can track Telegram channels and visit other websites by following hyperlinks or clicking on buttons to such external sites. While Tirador Bot strives to provide only quality links to useful and ethical websites and channels, we have no control over the content and nature of these sites and channels. These links to other websites and channels do not imply a recommendation for all the content found on these sites and channels. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'. When Users leave the Tirador Bot Services, please be aware that other sites may have different privacy policies and terms that are beyond our control. Please check the Privacy Policies and Terms of Service of these sites before engaging in any business or uploading any information. Unless otherwise required by law, in no event shall the owners of, or contributors to, the Tirador Bot Services be liable for any damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data arising out of or in any way connected with the use of Tirador Bot Services.

9.2. Under no circumstances, including negligence, shall Tirador Bot be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Tirador Bot Services even if Tirador Bot had prior knowledge of the possibility of such damages.

10. General Disclaimer

10.1. All Tirador Bot Services and their contents are provided “as is” and “as available” without any warranty or representations of any kind, express or implied. Tirador Bot is a distributor, not a publisher, of content supplied by third parties; as such, Tirador Bot exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via the Tirador Bot Services. Without limiting the foregoing, Tirador Bot specifically disclaims all warranties and representations in any content transmitted on or in connection with the Tirador Bot Services or on sites that may appear as links on the Tirador Bot Services, or in the products provided as a part of, or otherwise in connection with, the Tirador Bot Services, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral advice or written information given by Tirador Bot or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Tirador Bot does not warrant that the Tirador Bot Services will be uninterrupted, uncorrupted, timely, or error-free.

10.2. Regardless of Tirador Bot's efforts, Tirador Bot makes no warranty that the Tirador Bot Services will be uninterrupted, timely or error-free, or that defects will be corrected.

10.3. Tirador Bot is not registered as a broker or dealer, a national securities exchange, a capital market service provider or an alternative trading system in any jurisdiction. The trading and settlement of the transactions regarding the digital assets and cryptocurrency are not overseen by any governmental authority or self-regulatory institution.

10.4. Tirador Bot may become unavailable due to changes of applicable laws and you may suffer loss or incur liabilities due to the termination or suspension of Tirador Bot.

11. Warranties

11.1. Prior to your use of the Tirador Bot Services and on an ongoing basis you represent, warrant, covenant and agree that:

11.1.1. there is a risk of losing cryptocurrency and other funds of value when using the Tirador Bot Service and Tirador Bot has no responsibility to you for any such loss;

11.1.2. your use of the Tirador Bot Services is at your sole option, discretion and risk;

11.1.3. you are solely responsible for any applicable taxes which may be payable on cryptocurrency or digital assets traded or transacted by you through your using the Tirador Bot Services;

11.1.4. the telecommunications networks (such as Telegram), blockchain networks (such as Tirador Bot and TON) and Internet access services required for you to access and use the Tirador Bot Services are entirely beyond the control of Tirador Bot and Tirador Bot shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and

11.1.5. you are (i) aged 18 or over, (ii) you are of the age of majority in your jurisdiction, (iii) you are accessing the Service from a jurisdiction in which it is legal to do so, (iv) you are not a Politically Exposed Person (PEP) nor are you on any U.S. or EU Sanctions lists or terrorism finance watchlists, and (v) that you will inform Tirador Bot immediately if you enter onto one of these lists or change your residence to a prohibited jurisdiction.

1.1.1. you warrant that should you discover a bug or error that may lead to an exploit of the Tirador Bot Services or other loss of funds from Tirador Bot, you have the responsibility to notify Tirador Bot at contact@tirador.io in a timely manner. Furthermore, any attempt by you to use such a discovered exploit or bug for illicit financial gain is illegal and strictly prohibited under this Agreement. Tirador Bot reserves the right to prosecute to the fullest extent of the law anyone who exploits or attempts to exploit the Tirador Bot Services in an unlawful manner. Such exploits or bugs should be disclosed in a responsible manner and in strict confidence with contact@tirador.io and no other entity.

12. Prohibited Uses

12.1. The Tirador Bot Services is intended solely for the User’s personal use. The Users is only allowed to use the Tirador Bot Services for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.

12.2. The Tirador Bot Services is provided as is, and any exploitation of the Tirador Bot Services or errors in program logic and/or code (bugs) constitutes a Prohibited Use and a material breach of this Agreement. Any funds the user may misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of Tirador Bot, without limit.

12.3. Persons located in or residents of the United States, North Korea, Iran, Venezuela or any other jurisdiction in which it is prohibited from using the Tirador Bot Services (the ”Prohibited Jurisdictions”) are not permitted to make use of the Tirador Bot Services. For the avoidance of doubt, the foregoing restrictions on Tirador Bot Services from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Tirador Bot to identify your location and providing Tirador Bot with false or misleading information regarding your location or place of residence. Any and all monies (including cryptocurrencies) of a person located in a Prohibited Jurisdiction on the Service are VOID, and can be confiscated or may be returned to the person at Tirador Bot's sole discretion.

13. Know your Customer (“KYC”) and Anti-Money Laundering (AML) Policy

13.1. Tirador Bot is a permissionless and fully decentralized platform for token sales, swaps, and decentralized exchange. As a software development company, Tirador Bot has no role in enforcing KYC by default, however we do provide such tools for fundraising entities using Tirador Bot to enforce on their users, if the entities choose to do so. The use of KYC/AML tools on Tirador Bot by fundraising entities using the Service is completely at the discretion of said entities.

Although Tirador Bot makes no warranty as to the merit, legality or juridical nature of any token (including whether or not it is considered a security or financial instrument under any applicable Securities Laws), token sale or fundraiser on top of Tirador Bot, we nonetheless understand the need of some token projects to require KYC/AML on their token sale participants.

13.2. Therefore, and at the sole behest of fundraising entities and/or competent regulatory authorities:

13.2.1. Tirador Bot reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User. Tirador Bot reserves the right to restrict service and payment until identity is sufficiently determined.

13.2.2. Tirador Bot further reserves the right to share submitted KYC information and documentation to third parties to verify the authenticity of submitted information, and the end User (you) agree to this by using the Tirador Bot Services.

13.2.3. Tirador Bot reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary.

13.3. AML & SANCTIONS COMPLIANCE. Tirador Bot expressly prohibits and rejects the use of the Tirador Bot Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Service is not offered to individuals or entities on any Politically Exposed Persons (PEP) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Tirador Bot Services, end users represent and warrant that they are not on any such lists.

14. Severability

14.1. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

15. Assignment

15.1. Tirador Bot reserves the right to assign this Agreement, in whole or in part, at any time without notice. The Users may not assign any of his/her rights or obligations under this Agreement.

16. Digital assets and Cryptocurrency

DIGITAL ASSETS AND CRYPTOCURRENCY VALUES CAN FLUCTUATE GREATLY IN VALUE DEPENDING ON MARKET CONDITIONS.

THE USER WARRANTS THAT IT IS AWARE OF THE VOLATILE NATURE OF DIGITAL ASSETS AND CRYPTOCURRENCIES, AND HOLDS TIRADOR BOT HARMLESS FOR ANY LOSS OR DAMAGES ARISING FROM SUCH VOLATILITY.

TRANSACTIONS IN DIGITAL ASSETS OR CRYPTOCURRENCY MAY BE IRREVERSIBLE, AND, ACCORDINGLY, LOSSES DUE TO FRAUDULENT TRANSACTIONS MAY NOT BE RECOVERABLE. THE NATURE OF DIGITAL ASSETS MAY LEAD TO AN INCREASED RISK OF FRAUD OR CYBER ATTACK, AND MAY MEAN THAT TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY THE TIRADOR BOT MAY PREVENT THE ACCESS TO OR USE OF YOUR DIGITAL ASSETS OR CRYPTOCURRENCY.

17. Derivatives

DERIVATIVES PRODUCTS CARRY A HIGH DEGREE OF RISK AS THEY OFTEN INVOLVE GEARING OR LEVERAGE, SO THAT A RELATIVELY SMALL MOVEMENT IN THE PRICE OF THE UNDERLYING DIGITAL ASSET RESULTS IN A MUCH LARGER MOVEMENT, FAVOURABLE OR UNFAVOURABLE, IN THE PRICE OF THE PRODUCT. IF THE DIRECTION OF THE TRADE IS OPPOSITE TO THE FLUCTUATION OF THE MARKET, IT WILL CAUSE A LARGE LOSS. DEPENDING ON THE EXTENT OF THE LOSS, INVESTORS NEED TO ADD MARGINS OR REDUCE POSITIONS, OTHERWISE, THEIR POSITIONS MAY BE FORCED TO LIQUIDATE, AND INVESTORS MUST BEAR ALL THE LOSSES CAUSED THEREBY.

18. Governing law

18.1. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Cayman Islands. You irrevocably agree that, subject as provided below, the courts of the Cayman Islands shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Tirador Bot to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

19. Class action waiver

19.1. The User waives off any/all right of class action lawsuit, class-wide arbitration, and/or in any other proceeding in which either party acts or proposes to act in a representative capacity shall only bring claims in an individual capacity.

19.2. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration and/or proceeding.

19.3. Waiver of any/or all parts of the Terms shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and the User’s failure to assert any rights or part of these Terms shall be deemed or otherwise constitute a waiver of such right or part.

19.4. Any cause arising out of these Terms shall commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

20. Miscellaneous

20.1. No waiver by Tirador Bot of any breach of any provision of this Agreement (including the failure of Tirador Bot to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

20.2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.

20.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Tirador Bot.

20.4. Tirador Bot may assign, transfer, charge, sub-license, or deal in any other manner with this Agreement, or sub-contract any of its rights and obligations under this Agreement, to any other party.

20.5. This Agreement constitutes the entire understanding and agreement between you and Tirador Bot regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and Tirador Bot.

Last updated