Terms

1 INTRODUCTION

1.1. Acceptance of Terms. Welcome to Aquanow. These terms of service (the “Terms”) govern how you may use https://aquanow.io/ and https://trade.aquanow.io/ (collectively the “Site”) and constitute a binding legal agreement between us and you. You should read these Terms carefully before using the Site. This Site is operated by CLTS Technologies Ltd. (“CLTS”, “us”, “we”, “our”). By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you must cease using the Site immediately. If you have any questions about this Site, please contact legal@aquanow.io.

1.2. Entities. If you are using or accessing our Site on behalf of an entity, then you affirm: (i) that you are an authorized representative or agent of that entity with the authority to bind such entity to these Terms; and (ii) that such entity accepts and is bound by these Terms. In such a circumstance, the words “you” and “your” as used in these Terms will refer to and apply to both that entity and you personally.

1.3. Privacy Policy. These Terms include our Privacy Policy. Our Privacy Policy will be subject to these Terms in the event of any conflict or inconsistency.

1.4. Additional Terms. We may supplement these Terms with additional terms (“Additional Terms”) relating to specific content, goods, opportunities, or services made available or supplied by us.  You will have the opportunity to review these Additional Terms before accepting them. If you reject Additional Terms, certain content, goods, opportunities, or service might not be available to you.

1.5. Trading of Digital Assets. All matters concerning the trading, deposit, withdrawal, and storage of digital assets through use of the Site or other Aquanow services are governed by the Aquanow User Agreement. You must read and accept the Aquanow User Agreement before you will be permitted to trade, deposit, withdrawal, or store digital assets through use of the Site or other Aquanow services. During the onboarding process for becoming a client of the Aquanow services, CLTS will provide you with a copy of the Aquanow User Agreement for your review and acceptance. If you accept the Aquanow User Agreement, such agreement will be deemed to be Additional Terms and will form part of these Terms. In the event of any inconsistency between these Terms and the Aquanow User Agreement, the Aquanow User Agreement will govern to the extent of the inconsistency.

1.6. Age. This Site may only be used by persons at least 19 years of age or the age of majority under applicable law to form a binding contract with CLTS if such age is older than 19. If you do not meet this requirement you must not use the Site.

1.7. Accessibility. We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at legal@aquanow.io.

1.8. Modifications. We reserve the right in our in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use of the Site constitutes your acceptance of such modifications.

1.9. Modification to Site. The Site, including its functionalities, features, pricing, information, and materials, may be changed, withdrawn, or terminated by CLTS at any time in CLTS’s sole discretion without notice. CLTS will not be liable if for any reason all or any part of the Site is restricted to users or unavailable at any time or for any period.

1.10. Notice of Binding Arbitration; Waiver of Class Action.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 13 WHICH PROVIDES THAT YOU WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THESE TERMS OR ARE IN A PROVINCE, STATE, OR COUNTRY IN WHICH THE COURTS WILL NOT PERMIT YOU TO CONSENT TO BINDING ARBITRATION. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH CLTS, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY. ADDITIONALLY, IN SECTION 13 OF THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO A JURY TRIAL AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST CLTS. PLEASE CAREFULLY READ SECTION 13.

2 REGISTRATION OBLIGATIONS

2.1. Account Registration. To use certain areas of this Site, you must first complete the registration process to create an account ("Account") and select and register a unique user name and password (collectively, "Credentials"). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify CLTS if you know or suspect that your Account or Credentials have been used by any other person.

2.2 Registration Data. During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or if CLTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, CLTS has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) by you.

2.3. Responsibility for Account. CLTS may act upon any communication that is given through your Account or by using your Credentials. CLTS is not required to verify the actual identity or authority of a person using your Account or Credentials, but CLTS may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if CLTS is not satisfied with the verification. If CLTS, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then CLTS may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.

3. RESTRICTIONS ON USE

3.1. As a condition of your use of the Site, you agree:

(a) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;

(b) not to use the Site to distribute false, inaccurate, or misleading information;

(c) not to impersonate or attempt to impersonate any person;

(d) not to engage in any conduct that inhibits any person’s ability to use the Site;

(e) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

(f) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its content or materials except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;

(g) not to data scrape, index, or data mine the Site;

(h) not to use the Site to distribute viruses or malware or other similar harmful software code;

(i) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

(j) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.

3.2. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.