DMANY User Agreement
This DMANY User Agreement, comprising the terms governing the provision of services by DMANY to its Users, along with our KYC/AML statement, referred to herein as “this Agreement” or “Terms and Conditions,” becomes effective upon its publication on the DMANY website. These terms and conditions outline your utilization of the Engagement Platform (referred to as the “Platform” or “Engagement Platform”), an online platform and application fully owned and operated by Dmany Development UG, a corporation registered in Germany under registration number [Registration in progress] and having its registered office at Im Mediapark 5, 50670 Cologne, Germany (referred to as “we,” “us,” “the Company,” or “DMANY”). Additionally, these terms cover access to and usage of any other services provided by DMANY through the Engagement Platform (collectively referred to as the “DMANY Services”).
It is essential that you carefully read this Agreement, as it governs your usage of the Engagement Platform and DMANY Services.
The Engagement Platform and DMANY Services aim to offer companies (individually referred to as a “Project” or “Client” and collectively as “Projects” or “Clients”) with a decentralized engagement platform for their respective communities. As a user (“you,” “User,” or collectively, “Users”), you may, at your discretion and risk, actively contribute to a specific project by providing Created Content (as defined below) and other services.
Users may, under specific conditions as defined by each individual Client, be eligible for rewards in cryptographic tokens for such contributions (however, DMANY provides no guarantees, representations, or warranties regarding any such rewards).
If you have any questions or comments concerning the Platform or DMANY Services, please do not hesitate to contact us via email: [email protected]о
1. Account Usage Agreement
1.2. We, at our sole discretion, retain the right to amend or alter this Agreement. Any such amended or modified Agreement (“Revised Agreement”) will be made available by posting it on the Engagement Platform or by notifying you through email. If you do not accept the new terms, either in part or in full, please discontinue your use of the DMANY Services. By continuing to access or use the DMANY Services once the Revised Agreement becomes effective, you are indicating your agreement to be bound by its terms. We will make reasonable efforts to provide advance notice of significant changes if they are deemed material, as determined solely by us.
1.3. We reserve the privilege to (a) modify or discontinue any aspect of the DMANY Services, and (b) suspend or terminate your access to the DMANY Services, at any time and under certain, specific circumstances as described herein, without the need for prior notice to you. You acknowledge that we shall not be held responsible to you or any third party for any modifications to or termination of the DMANY Services, or for the suspension or termination of your access to the DMANY Services, unless otherwise expressly specified herein.
1.4. To be eligible to use the DMANY Services, you must be a minimum of 18 years old (or the age of majority and contractual capacity in your relevant jurisdiction). By accessing or using the DMANY Services, you are affirming and warranting that you meet the age requirement of 18 or older.
2. Account Setup and Fundamental Platform Services
2.2. Account Establishment: Upon successful registration, DMANY will create your Account. DMANY reserves the right, at its sole discretion, to deny your request to create a DMANY Account or to impose limits on the number of DMANY Accounts that a single User can establish and maintain concurrently, both on DMANY’s own platform, as well as one or more of our CLIENT’s platforms.
2.3. Password Security and Keeping Contact Information Current: You bear sole responsibility for ensuring the security and control of all IDs, passwords, hints, personal identification numbers (PINs), API keys, or any other codes utilized to access the DMANY Services. Any loss or compromise of this information or your personal details could lead to unauthorized access to your DMANY Account by third parties, potentially resulting in the loss or theft of any cryptocurrencies, rewards, and/or funds held within your DMANY Account, as well as associated accounts such as linked bank accounts and credit cards. You are obligated to keep your email address and phone number up-to-date in your DMANY Account profile to receive notifications and alerts from us. We assume no liability for any losses arising from the compromise of your sensitive information or your failure to heed or act upon any notifications or alerts sent by us. If you suspect that your DMANY Account information has been compromised, please promptly contact DMANY Support at [email protected].
2.4. Your Account’s Features: Your account (“Account”) provides access to the fundamental DMANY Services, which encompass:
2.4.1. Access to our Clients’ Engagement Platform.
2.4.2. The ability to engage with individual Clients, including offering various services and Created Content (as defined below). Additionally, you may have the option to validate services and Created Content provided by other Users, in accordance with the rules of each specific Client, if applicable.
3. Potential Risks
3.1. Please take into consideration the following risks associated with the use of DMANY Services: The risk of incurring substantial losses while holding cryptographic tokens is worth noting. It is essential to carefully evaluate whether holding cryptographic tokens aligns with your financial situation. When contemplating the retention of cryptographic tokens, you should be mindful that their price or value can experience rapid fluctuations, decline, and potentially even reach zero. By utilizing DMANY Services or any product that necessitates the possession of cryptographic tokens, you acknowledge that DMANY bears no responsibility for losses stemming from market fluctuations or unauthorized access to your account.
3.2. It is crucial to recognize that cryptographic tokens, blockchain technology, and distributed ledger technology projects are relatively new and untested, operating beyond both our control and that of our Clients. Any adverse developments in market dynamics, technology, or regulatory conditions that impact our performance under this Agreement will exempt us from liability in such instances. These developments may encompass events such as hacking attacks, potential theft, unfavorable regulatory actions, or uncertainties regarding the legal and tax status of cryptographic tokens.
3.3. You explicitly agree and acknowledge that we do not assert or guarantee the absolute security of any DMANY Services or the Engagement Platform against potential hacking or other malicious attacks. Such attacks may result in the unauthorized access, theft, or loss of User confidential information or other data.
4. Compliance with KYC and AML Regulations
4.1. DMANY may have an obligation to exercise oversight over participants in the Engagement Platforms to adhere to “Know Your Customer” (“KYC”) and “Anti Money Laundering” (“AML”) laws and regulations, collectively referred to as “KYC/AML regulations.” In alignment with the pertinent authorities and KYC/AML regulations, we have established rigorous and cost-effective KYC procedures, often in collaboration with a trusted third-party service provider.
4.2. To receive rewards from Clients, you must successfully complete our established KYC/AML procedures, consistent with the AML policy of the relevant Client. Documents submitted for verification are necessary to claim rewards from a Client. Identity verification will encompass multi-factor authentication, layered security measures, and other controls, all designed to ensure a thorough User identity confirmation process, contingent on factors including accumulated reward size.
4.3. The following verification methods may be employed by DMANY, often in partnership with our third-party service provider:
4.3.1. Requesting a valid ID/Passport of the account holder.
4.3.2. Requesting proof of address, such as a recent utility bill or bank statement from the account holder.
4.3.3. Employing biometric facial recognition or facial photos.
4.3.4. Collecting IP addresses and location data.
4.3.5. Conducting online screenings by comparing identifying information with data sourced from trusted third-party entities, such as international databases.
4.3.6. Analyzing the logical consistency of provided identifying information, such as the customer’s name, street address, ZIP code, and date of birth (logical verification).
4.4. In cases where DMANY, along with the assistance of the third-party service provider, is unable to verify the true identity of the customer based on the submitted documents, the DMANY Account will be promptly closed without notice, and you will not be eligible to claim any rewards.
4.5. It is important to note that KYC and AML requirements are set forth at the sole discretion of each DMANY Client, and DMANY will execute KYC and AML procedures in accordance with the Client’s instructions, including the definition of restricted countries. These requirements may vary among Clients, and different levels of KYC and AML may be stipulated based on the amount of the reward sought.
5. Taxation and Governmental Obligations
5.1. Intermediary Status and Software Provision: DMANY acts as a technological intermediary between Users and Clients by providing the relevant software that facilitates interactions. While DMANY enables these engagements, it does not handle, receive, or transfer any funds on behalf of Clients or Users. All financial transactions are conducted directly between the User and the Client. DMANY’s role is strictly limited to software provision and does not involve any direct payment processes.
5.2. User Responsibility: By accepting this Agreement and accessing DMANY Services, you, as a User, explicitly acknowledge and consent to the following responsibilities:
5.2.1. Tax Liabilities: You are solely responsible for all tax liabilities associated with rewards received from Clients. DMANY will not deduct any taxes from rewards paid to Users.
5.2.2. Insurance: It is your obligation to secure any disability, health, workers’ compensation, unemployment, or any other insurance as needed, desired, or mandated by applicable laws. You are not covered by nor eligible for any insurance coverage provided by DMANY or the Clients.
5.2.3. Invoicing: You are responsible for determining whether you are required by applicable laws to issue specific invoices for Created Content or other services rendered to the Clients. If such invoices are mandated, you must issue them accordingly.
5.2.4. Tax Remittances: You are also responsible for determining whether you are obligated by applicable laws to remit any value-added tax, sales tax, or any other similar taxes or charges related to the Created Content or other services delivered to the Clients. In such cases, you must remit these taxes or charges to the relevant tax authorities as mandated by applicable laws.
6. Limited License and Use Restrictions
6.1. We grant you a restricted, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and utilize the Engagement Platform solely for informational, transactional, or other approved purposes as determined by DMANY from time to time. Any other use of the Platform is explicitly prohibited. All other rights pertaining to the Engagement Platform are retained by us. This Agreement does not confer any rights or licenses to the Engagement Platform, except for the expressly stated limited license. You are expressly prohibited from copying, transmitting, distributing, selling, licensing, decompiling, reverse engineering, disassembling, modifying, publishing, creating derivative works, performing, displaying, incorporating into another website, or exploiting in any other manner any content available on the Platform or any part thereof, whether for commercial or non-commercial purposes. Furthermore, you may not frame or display the Engagement Platform (or any portion thereof) within another website or any other creative work without prior written permission. Violation of any part of this Agreement may lead to the termination of your access to and use of the DMANY Services, and we reserve all available legal and equitable remedies for such violations.
6.2. While we aim to provide accurate and timely information on the Engagement Platform, including Created Content, it may not always be entirely accurate, complete, or up-to-date, and may occasionally contain technical inaccuracies or typographical errors. To ensure the accuracy of information, it may be changed or updated periodically without notice, including information pertaining to our policies, products, and services. Consequently, you should verify all information before relying on it. All decisions made based on information available on the Platform are your sole responsibility, and we shall bear no liability for such decisions.
6.3. Periodically, the Platform may include references or links to third-party materials (including websites) and third-party applications that are not under our control. These references, links, and third-party applications are provided for your convenience. It’s important to note that such links should not be construed as endorsements, and their inclusion does not signify our recommendation, endorsement, affiliation, or sponsorship of the respective property, product, service, or process. You acknowledge and accept that we do not have control over any aspect of the information, content, or services found in third-party materials or on third-party websites accessible or linked from the Engagement Platform. This includes content, privacy policies, practices, properties, goods, or services available on linked sites or services. Furthermore, you acknowledge and agree that DMANY shall not be held responsible or liable, directly or indirectly, for any damage or loss alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services found in third-party materials. It is strongly recommended that you review the terms and conditions and privacy policies of any third-party websites or services you visit.
6.4. If, as permitted by DMANY from time to time, you grant explicit permission to a third party to access or connect to your DMANY Account, whether through the third party’s product, service, or the Platform itself, you acknowledge that granting such permission to a third party to perform specific actions on your behalf does not absolve you of any responsibilities outlined in this Agreement. You remain fully accountable for all actions or omissions of any third party utilizing your DMANY Account credentials. Furthermore, you agree not to hold DMANY liable and agree to indemnify DMANY against any liability arising from the actions or omissions of any third party utilizing your DMANY Account credentials. You can modify or revoke permissions granted to third parties regarding your DMANY Account at any time through the Account Settings page on the Engagement Platform.
6.5. By using the DMANY Services, you affirm that any funds employed are either owned by you or that you have valid authorization to conduct transactions with such funds. It is essential to recognize that DMANY is not classified as a qualified custodian under applicable law.
6.6. In connection with your use of DMANY Services and interacting with other Users and third parties, you agree and affirm that you will refrain from engaging in any illegal, unauthorized, or improper activities. We retain the right to continually monitor, review, retain, and disclose information as required to comply with applicable laws, regulations, legal processes, or governmental requests. Should we, at our sole discretion, determine that your Account is associated with Prohibited Use and/or a Prohibited Business, we reserve the right to promptly suspend, restrict, or terminate your access to any or all DMANY Services and/or the Engagement Platform, or to deactivate or cancel your DMANY Account, without prior notice.
6.7. DMANY may, at its sole discretion and without any prior notification, (a) suspend, restrict, or terminate your access to any or all of the DMANY Services and/or Platform, and/or (b) deactivate or cancel your DMANY Account for any reason whatsoever, including without limitation if:
6.7.1. We are legally compelled to do so by an enforceable subpoena, court order, or a binding directive from a court or government authority.
6.7.2. We reasonably suspect that you are using it for illegal, unauthorized, or improper activities.
6.7.3. Use of your DMANY Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity, or
6.7.4. Our Service Partners (as defined below) are unable to support your use; or
6.7.5. We are required to do so in order to comply with KYC/AML laws and regulations; or
6.7.6. You violate the terms of this Agreement (in particular, but not limited to, providing correct and accurate identification information for KYC/AML purposes, or violating any user warranties given under this Agreement);
6.7.7. You take any action that DMANY deems as circumventing DMANY’s controls, including, but not limited to, opening multiple DMANY Accounts or abusing promotions that DMANY may offer from time to time.
6.7.8. In the event that a technical problem causes system outage or Account errors, DMANY may temporarily suspend access to your Account until the problem is resolved.
6.8. You have the option to terminate this Agreement at any time and for any reason by closing your DMANY Account. Upon termination, your privilege to use DMANY Services will cease immediately, and you will forfeit any entitlement to claim rewards from Clients. It’s important to note that the termination of this Agreement does not nullify your obligations or DMANY’s rights under this Agreement, which, by their nature, are designed to endure such termination. Additionally, upon termination, you grant DMANY a perpetual, irrevocable, non-exclusive license to retain, use, and exploit any user data or history of your activity on the Platform for its operational, analytical, or other business-related purposes.
6.9. Beta Services and Additional Features
6.9.1. Beta Services: DMANY may occasionally introduce products and features that are undergoing testing and evaluation (“Beta Services”). These Beta Services may carry labels such as “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or similar terms) and may not possess the same level of reliability as DMANY’s other services. Beta Services are released for the purpose of collecting user feedback, and by utilizing Beta Services, you consent to potential contact by us for feedback collection purposes. Please be aware that Beta Services are considered confidential until their official launch. If you use Beta Services, you agree not to disclose any information about these services to third parties without obtaining our permission.
6.9.2. Additional Features: Periodically, DMANY will introduce supplementary features aimed at enhancing the user experience of DMANY Services. However, please note that these features may be subject to withdrawal without prior notice.
7. Our Engagement with You
7.1. Your Acknowledgement: You recognize and affirm that DMANY functions exclusively as the operator of the Decentralized Engagement Platform, providing intermediary DMANY Services that are essential for enabling Users to become part of a specific Client’s community and actively engage with said Client. This engagement may involve actions such as delivering Created Content and providing other user services that actively contribute to the Client’s distinct project.
7.2. Platform Communication: Within the Platform and its associated services, Users may receive notifications about services offered by Clients, and Clients may receive information about the skills and services that Users offer. Nonetheless, Users bear the sole responsibility for independently evaluating and determining the suitability of any offered services or tasks.
7.3. Direct Legal Relationships: When a User decides to accept a task or provide a requested service, this action results in the establishment of a legal relationship termed as a “Services Agreement” directly between the User and the Client. DMANY merely acts as a platform provider, and it’s paramount to understand that DMANY is neither a party to any such User-Client Services Agreement nor to any other direct transactions or interactions between Users and Clients (or among Users themselves), even in cases where DMANY provides white-label solutions that may be branded and operated under a different domain or entity.
As a result, DMANY expressly disclaims and is exempted from any and all responsibilities, liabilities, guarantees, and warranties in connection with these matters, whether implied or explicit. You recognize, acknowledge, and agree that any Services Agreement and your individual interaction with a specific Client may be subject to unique terms and conditions determined by that Client. DMANY will not be held accountable or liable for any disagreements, disputes, claims, or consequences stemming from these direct legal relationships.
7.4. No Accountability for Services: DMANY shall not be held liable for the delivery of Created Content or any other services by Users to Clients or for any rewards provided to Users by Clients in exchange for User services and/or Created Content. The sole responsibility for these matters lies with the parties involved in the relevant Services Agreement.
7.5. Intermediary Role: You acknowledge, agree, and comprehend that DMANY acts exclusively as an intermediary, providing intermediary services that facilitate interactions between Users and Clients through the Engagement Platform. DMANY is not a participant in the relationship or any transactions between Client(s) and User(s).
7.6. User Responsibilities: Without limitations, Users bear complete responsibility for (a) ensuring the accuracy and legality of any Created Content, (b) validating the suitability of other Users for a Service, and (c) delivering any other services to Clients.
7.7. Evaluating Engagement: You further recognize, agree, and understand that you are solely responsible for evaluating whether to enter into a Service Agreement with a Client. DMANY does not supervise, direct, control, or assess a User’s work, provided services, or any aspects of a Client project, work product, or other Created Content.
7.8. KYC/AML Compliance: As outlined in Clause 4 of this agreement, DMANY conducts KYC/AML checks on Users who are eligible to participate, including receiving rewards from Clients within the Platform. These KYC/AML checks are executed by DMANY often in collaboration with a trusted third-party service provider to ensure thorough and compliant verification processes.
7.9. Data Transfer and Termination: You acknowledge, agree, and understand that DMANY will transfer any collected KYC/AML data to the Client. Both DMANY and the Client possess independent rights to terminate your participation in the Client’s community, which includes the termination of your ability to provide Created Content and/or any other services to Clients and your eligibility to receive rewards from Clients. These actions may be based on the results of the KYC/AML checks.
7.10. Your Acknowledgment and Understanding.
7.10.1. Employment Status: You additionally recognize, agree, and comprehend that:
220.127.116.11. You are not considered an employee, worker, or agent of DMANY or any of the Clients. Consequently, you are not entitled to any rights or benefits typically associated with an employment relationship, including, but not limited to, unemployment and workers’ compensation insurance.
7.10.2. DMANY’s Liability: DMANY assumes no liability or obligations concerning the services you provide to Clients, any Created Content, or any actions or omissions, whether by you or any other User or Client.
7.10.3. Lack of Supervision: DMANY does not exercise supervision, direction, or control over Users or the services Users may offer to Clients, including Created Content, as defined below. Furthermore, DMANY does not impose quality standards or deadlines for the completion of such services or the provision of Created Content. DMANY does not dictate the methods, processes, or performance approaches Users employ when providing services or Created Content.
7.10.4. User Autonomy: Users retain the freedom to determine when and if to create Created Content and provide services to Clients. This includes setting their own working hours, schedules, and work locations. DMANY does not establish or exercise control over User rewards, working hours, work schedules, or work locations. Additionally, DMANY is not involved in determining the nature and amount of compensation that Clients may choose to pay Users for Created Content and/or services provided.
7.10.5. Reward Determination: While Users may receive rewards at the discretion of the Client, DMANY plays an active role in running validations to ensure the quality of Created Content and/or other services provided to Clients. Nevertheless, DMANY does not guarantee, represent, or warrant that a specific User will receive any reward. The final awarding of any reward is determined by the Client, but this decision may often influenced by the results of community voting and the quality validation process overseen by DMANY.
7.10.6. Reward Release: DMANY does not play a role in the release or transfer of rewards to Users.
7.10.7. Training and Equipment: DMANY is under no obligation to provide Users with training, equipment, labor, tools, or materials related to any services. However, DMANY retains the option, at its sole discretion, to provide such assistance if it chooses to do so.
7.10.8. Work Premises: DMANY does not provide premises at which Users may offer Created Content or any other services to Clients.
7.11. DMANY’s Discretion: You acknowledge and consent that DMANY is under no obligation to assist Users and Clients in enforcing any claims they may have against each other, whether currently or in the future. These claims may arise from their engagements facilitated by DMANY through the Engagement Platform. However, DMANY retains the option, at its sole discretion, to provide such assistance if it chooses to do so.
8. Compliance with Sanctions
8.1. In accordance with economic sanctions programs administered in the jurisdictions where DMANY operates and conducts business, DMANY is prohibited from providing services or establishing relationships with specific individuals and entities. Should DMANY be required to block assets linked to your DMANY Account, in line with a sanctions program or similar government sanctions programs, DMANY may take the following actions: (i) deactivate or block User activity and (ii) withhold any outstanding rewards. DMANY cannot be held responsible for any losses, whether direct or indirect, incurred as a result of our compliance with applicable laws, guidance or directives issued by regulatory authorities or government agencies, or any legal orders such as attachments, liens, levies, subpoenas, warrants, or similar directives.
Accessing DMANY Services and the Engagement Platform (including any engagement with Clients through the Platform) is contingent upon adherence to economic sanctions imposed by relevant jurisdictions. By using DMANY Services and accessing the Engagement Platform, you affirm and warrant that your utilization of any of our services is in compliance with these requirements. To further clarify, you may not acquire cryptographic tokens or employ any of the DMANY Services via the Platform if:
(1) You are located in, under the jurisdiction of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria, Russian Federation, or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime. Additionally, this restriction applies if you are listed on the U.S. Treasury Department’s Specially Designated Nationals List, the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
(2) Your intention is to provide acquired cryptocurrency(ies) or DMANY Services to Cuba, Iran, North Korea, Sudan, Syria, Russian Federation, or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or to a national or resident of one of these countries), or to a person listed on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
8.2. DMANY and its Clients have the absolute discretion to establish a list of restricted countries and may modify it at any time without prior notice.
9. User Declarations and Assurances
9.1. Upon Platform Registration and Account Creation, you hereby confirm and guarantee to both DMANY and the Clients as follows:
9.1.1. Age and Contractual Capacity: You are a minimum of eighteen (18) years old and possess the legal capacity to enter into contractual agreements.
9.1.2. Agreement Acknowledgment: You have thoroughly reviewed the entirety of this Agreement, including any subsequent amendments or modifications, to which you provide your consent. Furthermore, you affirm that you have conducted reasonable due diligence regarding DMANY, and if deemed necessary, sought independent financial and/or legal advice.
9.1.3. Cryptographic Tokens: You understand and acknowledge that any cryptographic tokens you may receive as rewards for providing Created Content and other services to the Clients do not constitute, nor are they intended to constitute, any form of securities in any jurisdiction.
9.1.4. Blockchain and Cryptocurrency Familiarity: You possess a foundational understanding of the operation, functionality, usage, storage, transmission mechanisms, and other key attributes of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets, or related token storage mechanisms, as well as blockchain technology and Smart Contract technology.
9.1.5. Risk Awareness: You are fully aware and comprehend that there are inherent risks associated with DMANY, its business activities, and operations.
9.1.6. Exemption of Liability: You acknowledge and agree that DMANY is not liable for any indirect, special, incidental, consequential, or other types of losses, whether in tort, contract, or otherwise (including but not limited to loss of revenue, income, or profits, and loss of use or data). These losses may arise in connection with the acceptance of or reliance on this Agreement or the utilization of the Engagement Platform and/or the DMANY Services.
9.1.7. Truthful and Accurate Assertions: All the statements and assurances provided above will remain true, complete, accurate, and non-deceptive at the time of your registration on the Platform.
9.1.8. Data Disclosure Authority: You possess the legal right to disclose any and all personal data that you indeed disclose to DMANY under or in association with this Agreement.
9.1.9. Geographical Location: You are not situated in a nation subject to government embargo by the United States, nor are you in, under the control of, or a national or resident of any other country mentioned in clause 8.1 above.
9.1.10. Absence from Restricted Lists: You are not included in any United States government roster of prohibited or restricted parties.
10.1. DMANY maintains the integrity of your platform data within a database hosted on Amazon Web Services.
10.2. No Retention of KYC/AML Data: DMANY DOES NOT RETAIN ANY PERSONAL DATA ASSOCIATED WITH ITS KYC/AML PROCEDURES AFTER HANDING IT OVER TO THE RESPECTIVE CLIENT ENTITY. ALL DATA IS COMPLETELY REMOVED FROM OUR DATABASES AT ALL TIMES.
10.3. Data Sharing: DMANY will not disclose KYC/AML data to any third parties except for the relevant Client or, when necessary, its KYC/AML software provider. This disclosure may occur when complying with relevant authorities and regulations.
10.6. DMANY is committed to ensuring the security of user data. As part of this commitment, we implement reasonable security controls and measures designed to protect user data against unauthorized access, disclosure, alteration, and destruction. Despite our best efforts, no security measures are perfect or impenetrable, but we continually strive to enhance our security protocols and remain vigilant against potential threats.
11. Retention of Intellectual Property Rights for the Engagement Platform and DMANY Clients
11.1. Ownership and Protection of Intellectual Property: The Engagement Platform, along with any DMANY Services, including their design components, concepts, and the entirety of their underlying intellectual property, such as patents, registered or unregistered trademarks, service marks, trade secrets, and copyrights, are the exclusive property of DMANY and/or the respective DMANY Clients, as applicable. These assets are safeguarded by copyright, patent, trade secret, and various other intellectual property laws.
11.2. Rights and Interests Retained: DMANY and DMANY Clients, acting as licensees, retain all rights, titles, and interests related to the Platform and DMANY Services. This includes all intellectual property rights, encompassing all copies, modifications, extensions, and derivative works derived from them. Your authorization to utilize the Platform and DMANY Services is confined to the rights explicitly conferred by these Terms. You should not assume or deduce any licenses to employ trademarks or any other DMANY brands, names, and logos based on the utilization of any DMANY Services. All rights not expressly granted to you are upheld and reserved by DMANY, DMANY Clients, and their respective licensors.
11.3. Prohibition on Unauthorized Use: You explicitly commit not to replicate, duplicate, transmit, distribute, license, reverse engineer, alter, publish, recycle, or partake in the transfer or sale of any intellectual property belonging to DMANY or any DMANY Client, without the explicit, prior written consent of DMANY and, if relevant, its Clients.
11.4. Respect for Intellectual Property Rights: You are obligated not to violate the intellectual property rights of DMANY, DMANY Clients, other Users, or any third party in any manner.
12. Warranty Concerning Created Content
12.1. Your Representation and Continuous Assurance: You affirm and guarantee, and will continuously ensure, that you possess the rights or adequate licenses and permissions necessary for utilizing, uploading, downloading, and displaying any source code, designs, creative concepts, suggestions, proposals, plans, data, or any other materials or content that you submit to the Engagement Platform or furnish to DMANY or DMANY Clients via any means, be it online, through email, postal mail, or any other channel (“Created Content”).
12.2. Assurances Regarding Created Content: You assure and represent to DMANY and DMANY Clients that the Created Content, as well as its utilization by DMANY and DMANY Clients, will not:
12.2.1. Violate any laws, regulations, or legally binding codes.
12.2.2. Infringe upon the intellectual property rights or other legal rights of any individual.
12.2.3. Give rise to any legal action against DMANY, DMANY Clients, or any third party.
12.3. Actions in Case of Suspected Breach: In situations where DMANY or DMANY Clients reasonably suspect a breach of the provisions outlined in this Section 12, DMANY and DMANY Clients may:
12.3.1. Modify or remove the relevant Created Content.
12.3.2. Temporarily or permanently suspend some or all of the DMANY Services and/or your access to the Platform.
12.4. Indemnification for Third-Party Claims: You shall defend, hold harmless, and indemnify DMANY and DMANY Clients against any claims, demands, suits, or legal proceedings brought by a third party, alleging that your Created Content or your utilization of any DMANY Services infringes or unlawfully appropriates the intellectual property rights of a third party, or violates any applicable laws or regulations. You shall cover the expenses of any damages awarded against DMANY and DMANY Clients due to your usage of DMANY Services and any reasonable attorney’s fees incurred by DMANY and DMANY Clients regarding such claims, demands, suits, or legal proceedings. However, this obligation is subject to the condition that DMANY:
12.4.1. Provides you with written notification of any such claims, demands, suits, or legal proceedings.
12.4.2. Grants you sufficient authority to manage and resolve such claims, demands, suits, or legal proceedings (while not permitting you to settle any such matters unless the settlement unequivocally releases DMANY from all liability).
12.5. Assistance by DMANY: DMANY, at its discretion, may offer you support in defending against any such claims, at your own cost.
13. Confidential Data
13.1. Obligation of Confidentiality: You hereby agree that any confidential information or private data provided to you by DMANY or DMANY Clients, which is not readily available to the public, is the property of DMANY and/or DMANY Clients. You commit to refraining from disclosing such confidential information or private data to any third party at any time, without obtaining the explicit prior written consent of DMANY and/or DMANY Clients.
13.2. Duty of Care and Compliance: You further guarantee that you will handle the confidential information or private data belonging to DMANY and DMANY Clients with the utmost care and diligence. You pledge to adhere to all applicable data privacy laws in your jurisdiction and to neither sell nor disclose any confidential information or private data associated with DMANY or DMANY Clients, irrespective of whether it is designated as confidential.
14. Ownership and Usage Rights for Created Content
14.1. Granting of License: You consent to and provide DMANY and DMANY Clients with a worldwide, perpetual, non-revocable, royalty-free, sublicensable, and transferable right and license to utilize, store, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, create derivative works from, and/or sell and/or distribute any Created Content. This grant covers the incorporation of such Created Content into any form, medium, or technology, whether presently known or developed in the future, across the globe, without the need for compensation to you.
14.2. License Continuity: This license remains in effect even after the termination of these Terms and your use of the Platform and DMANY Services. Please refrain from sending us any Created Content if you anticipate compensation or if you wish to maintain rights over such Content.
14.3. Content Monitoring and Removal: We retain the authority, though not the obligation, to review, edit, or delete any Created Content that, in our sole discretion, is considered unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or in violation of intellectual property rights or these Terms.
14.4. User Responsibility: You bear sole responsibility for all Created Content that you upload, post, email, or transmit via the Engagement Platform. You affirm that your Created Content will not infringe upon any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.
14.5. Content Guidelines: Furthermore, you commit that your Created Content will not contain defamatory, unlawful, abusive, or obscene material, nor will it contain any computer viruses or malware that could disrupt the operation of the Platform or any associated websites. Impersonation or misleading practices regarding your identity or the origin of any Created Content are also prohibited. We disclaim any responsibility and do not assume liability for any Created Content posted by you or any third party.
15. Exclusion of DMANY Liability and Warranty Limitation
15.1. Under no circumstances shall DMANY, its affiliates, service providers, or any of their respective officers, directors, agents, joint ventures, employees, or representatives be held liable for indirect, special, incidental, consequential, or other losses of any kind, whether in tort, contract, or otherwise. These losses include, but are not limited to, loss of revenue, income, profits, use, or data, arising out of or in connection with any reliance on this Agreement or the utilization of the Platform and/or DMANY Services.
15.2. DMANY assumes no responsibility for any damage or disruptions caused by computer malware, spyware, scareware, or other malicious software that may affect your computer or equipment. Additionally, any phishing, spoofing, or similar attacks are beyond our liability. We strongly recommend using reputable virus screening and prevention software. It’s essential to exercise caution when reviewing messages that claim to be from DMANY, as SMS and email services can be vulnerable to spoofing and phishing attacks. To ensure authenticity, always access your DMANY Account through the Platform for reviewing transactions or any necessary actions.
15.3. If disputes arise with one or more Users of the DMANY Services, to the extent allowed by law, you release DMANY, its affiliates, and Service Providers, along with each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands, and damages (actual and consequential) of any kind and nature related to such disputes. Furthermore, you expressly waive any protections that would otherwise limit the scope of this release to claims known or suspected to be in your favor at the time of agreeing to this release.
15.4. The DMANY services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. DMANY specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. DMANY does not represent or warrant that access to any part of the DMANY services or materials therein will be continuous, uninterrupted, timely, error-free, or secure. Numerous external factors beyond our control may interfere with the operation of the platform. Further, DMANY makes no representation, warranty, or undertaking of any kind, including regarding the truth, accuracy, and completeness of information in this agreement. In no event does DMANY warrant or undertake that DMANY Services will fulfill your requirements, achieve intended results, work compatibly with other software, applications, systems, or services, meet performance or reliability standards, or correct any errors or defects.
15.5. Cryptocurrency Market: DMANY is not responsible for the cryptocurrency market, and we do not provide representations or warranties regarding the actual or perceived value of cryptocurrency denominated in any quoted currency. While we may offer historical and/or real-time data related to cryptocurrency prices, we do not guarantee the quality, suitability, truth, usefulness, accuracy, or completeness of such data. You should not rely on this data for any purpose. You understand and accept that cryptocurrency values can be volatile, and we bear no responsibility or liability for any losses resulting from holding or trading cryptocurrency, even if DMANY Services experience delays, suspensions, or interruptions.
15.6. DMANY reserves the right to discontinue DMANY Services due to exceptional unforeseen circumstances, events beyond our control, or legal requirements. In such cases, we will provide reasonable prior notice, where possible given the circumstances.
15.7. Applicability: In some jurisdictions, the exclusion of specific types of warranties or limitations on applicable statutory consumer rights may not be allowed. If so, the exclusions and limitations in this section will be applied to the maximum extent permitted by applicable law.
16. Additional General Terms
16.1. DMANY operates as an independent contractor for all purposes. This Agreement does not establish a partnership, joint venture, or any similar collaborative arrangement between you and DMANY.
16.2. DMANY may occasionally enlist the assistance of third parties, referred to as “Service Providers,” to support the provision of certain DMANY Services. Service Providers may encompass technology or engineering service providers among others.
16.3. You are responsible for indemnifying and safeguarding DMANY, its affiliates, and Service Providers, along with their respective officers, directors, agents, joint venturers, employees, and representatives, against any claims, demands (including attorney fees), fines, fees, or penalties imposed by regulatory authorities arising from (i) your breach of this Agreement, (ii) your use of DMANY Services, including Developer’s Tools, or (iii) your violation of any laws, rules, regulations, or third-party rights.
16.4. This Agreement constitutes the complete understanding and agreement between you and DMANY regarding its subject matter, supplanting all prior discussions, agreements, and understandings, regardless of their nature.
16.5. You are not allowed to transfer or assign this Agreement, including any rights and licenses granted herein, nor are you permitted to transfer your account on the DMANY platform to third parties. However, DMANY retains the right to assign this Agreement without restriction, including to its affiliates, subsidiaries, or any successor in interest of a business associated with DMANY Services. Any attempted transfer or assignment in violation of this provision will be void.
16.6. If any provision of this Agreement is found to be invalid or unenforceable under any applicable law, it will be modified and interpreted to achieve its objectives to the fullest extent permitted by law, while the validity or enforceability of other provisions remains unaffected.
16.7. Provisions of this Agreement that, by their nature, extend beyond its expiration or termination, such as those related to suspension or termination, DMANY Account cancellation, debts owed to DMANY, general use of the Platform, disputes with DMANY, and general provisions, will remain in effect even after the Agreement’s termination or expiration.
16.8. Force Majeure: We are not responsible for delays, performance failures, or service interruptions resulting directly or indirectly from factors beyond our reasonable control. These factors include, but are not limited to, acts of God, civil or military actions, terrorist acts, civil disturbances, war, labor strikes, fires, telecommunication or Internet service disruptions, equipment or software failures, epidemics or pandemics, and other unforeseeable occurrences. Such factors do not affect the validity and enforceability of other provisions.
16.9. Section headings in this Agreement are for convenience only and do not govern the interpretation of any provision.
16.10. Except where explicitly provided otherwise in this Agreement, individuals or entities not party to this Agreement have no right to enforce or benefit from its terms. Furthermore, consent from a non-party to this Agreement is not required for waiver, variation, or termination of any part of this Agreement.
16.11. In the event of your violation of this Agreement, we may seek injunctive or other equitable relief to address the harm caused to us and our Clients.
16.12. If you have a complaint, please specify the issue, your preferred resolution, and other relevant information. We will acknowledge your complaint within five business days through our Customer Support web page or via email at [email protected]. A Customer Complaints officer will evaluate your complaint objectively, considering the information you and DMANY have provided. Within four weeks, you will receive a Resolution Notice, outlining one of three possibilities: (i) an offer to resolve your complaint as you requested, (ii) a determination rejecting your complaint with reasons, or (iii) an alternative resolution offer. You have five business days from receiving the Resolution Notice to accept or reject it. Failure to respond will be treated as a withdrawal of the complaint, with no liability on our part. In case of late response, we may still consider your response as timely.
16.13. For feedback, questions, or complaints, contact us at [email protected]. When reaching out, provide your name, address, and any necessary information to identify you, your DMANY Account, and the specific issue you wish to address.
16.14. For legal-related questions or issues arising from the provisions of these Terms and Conditions, please contact us directly at [email protected].
17. Governing Law and Dispute Resolution
17.1. This Agreement, any separate agreement providing you with services, and any disputes arising from or relating to this Agreement or such separate agreements shall be governed by the laws of Germany, determining their validity and interpretation.
17.2. In the event of any controversy, claim, dispute, or disagreement arising from or related to this Agreement or any separate agreement formed under this Agreement, both Users and DMANY commit to earnestly seek resolution through mediation in Germany. Each party shall be responsible for their own mediation costs. Should such controversy, claim, dispute, or disagreement remain unresolved after ninety (90) days from the start of mediation, or if either party declines to participate or continue participating in mediation during this ninety-day period, or if an agreement on mediation terms and procedures cannot be reached, the courts of Germany shall possess exclusive jurisdiction to address disputes stemming from or related to this Agreement or any separate agreements based on it.
17.3. Pre-filing Obligation: Before initiating any legal claims, you agree to first submit such claims or requests directly to DMANY as outlined in clause 17.2 and consent to the mediation process. Any claims filed with the court in violation of the procedures set forth in section 17 will be immediately dismissed as premature.
17.4. Your resolution of disputes with us is limited to individual actions; you may not bring claims as a plaintiff or a member of a class, consolidated, or representative action.