Terms of Use

Updated 14 February 2023

DestinyX (beta) is a service provided by FBX Technology Ltd. DestinyX service is in the beta testing period, during which we obtain feedback on software performance and the identification of defects, and may therefore contain defects. You are advised to use caution and not to rely in any way on the correct functioning or performance of the service and/or accompanying materials. The service and all content are provided on an “as is” and “as available” basis without any warranties of any kind.

1. Introduction

A. General Terms

DestinyX is a beta service provided as a website-hosted user interface by us (together as: “we”, “us”, “our” or “Company”) to you. The following Terms of Use (“Terms”) apply to our Users (“you” or “your” or “User(s)” ) and define the terms and conditions of your access to, and the use of, DestinyX https://DestinyX.com (the “Website”). These Terms constitute a legally binding agreement between you and us.

By accessing the Website and using our Service, you acknowledge and declare that you have read, fully understood, and agree to be bound by and comply with these Terms. If you do not agree to any of these terms' provisions, you should not submit any information to or access information on the Website or otherwise use the Service. By accepting these Terms, you hereby agree and acknowledge that the Service described herein are being provided by Company based on the scope and nature of the Service as described herein. In addition, you expressly acknowledge that you have read and agreed to be bound by the Privacy Policy, which is a part of these Terms.

Products, Services, content, information, and/or other features of the Platform may not be legally available for residents of certain jurisdictions under applicable local laws, countries under embargoes or sanctions and/or other blacklisted countries. DestinyX is not available to residents of Afghanistan, Burma (Myanmar), Burundi, Central African Republic, Cote d’Ivoire, Cuba, Eritrea, Ethiopia, Democratic Republic of Congo, Hong Kong, Iran, Iraq, Lebanon, Libya, North Korea, Sierra Leone, Singapore, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, Zimbabwe, and other jurisdictions as may be designated as restricted by the Company (“Restricted Territories”). By accessing or using DestinyX, you expressly declare that you are not a resident of one of these Restricted Territories, and that legal and/or regulatory restrictions do not apply to you and you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. If any restrictions from using DestinyX do apply to you, you are prohibited from accessing or using the Website and/or any Service provided on this Platform. If you are uncertain, please seek independent legal advice. The Company is not responsible for determining your legal standing in connection with you accessing the Service in your jurisdiction. The Company may add other jurisdictions to the list of Restricted Territories with immediate effect and without notice to you.

2. Modifications to the Terms of Use

We reserve the right to make amendments to the Terms at any time, including, but not limited to, the scope of Service provided, conditions for the provision of Service, rules and requirements, etc. You are responsible for reviewing the current Terms and the date of the last update of the Terms on the Website, as your continued use of the Service after any modification of the Terms will conclusively indicate that you have acknowledged and fully accepted those changes.

3. Definitions and Interpretation

“Account” means an individual DestinyX account that a User has registered through the Website to access and use the Service. User's Accounts are not bank accounts, savings accounts, deposit accounts, checking accounts or any other type of asset account characterized as a banking product or service. The Accounts are provided solely for participation in DestinyX.

“AML” means Anti-Money Laundering and refers to laws, regulations, and procedures intended to prevent criminals from disguising illegally obtained funds as legitimate income.

“Balance” (also “Account Balance”) means the total amount of FBS in a User’s account.

“DestinyX” means a prediction markets platform that lets you obtain binary and/or non-binary Event Positions on the Website in exchange for Eligible Digital Assets, available at https://DestinyX.com.

“Digital Asset” means a digital representation of value in which encryption techniques are used to regulate the generation of digital units and verify the transfer of assets, operating independently from a central bank (also referred to as a “virtual asset”).

“Eligible Digital Assets” means the FBS or any other Digital Asset which can be used to obtain Event Positions.

“Event” means any event, occurrence or value that can be definitively resolved at a certain point in time, that is listed on the Website, for which Users can obtain Event Positions.

“Event Position” means a position in any Event that can be a “Yes” position, a “No” position, or any other position from a list of limited positions for a particular Event that can be obtained for Eligible Digital Assets on the Website.

“Event Pool” means the total amount of Eligible Digital Assets used to obtain Event Positions for a particular Event.

“FBS” means Fate Blazing Stars - the main in-game currency for DestinyX that can be obtained by exchanging stablecoins (USDC, USDT, BUSD, DAI) at a rate set by the Company.

“KYC” means Know Your Customer (or Client), which is the mandatory process of identifying and verifying the client's identity when accessing particular services and periodically assessing potential risks of illegal intentions for the business relationship over time.

“Service”, “DestinyX Service” or “Product” means DestinyX, as well as any related or ancillary products, services, and features that are available on the Website.

4. Eligibility and Proof of Identity

A. Eligibility Criteria

You warrant through proper identity and represent that you meet the following cumulative eligibility criteria to access and use the Service:

1. You are eighteen (18) years of age or older;
2. You are legally capable of entering into a binding contract with the Company under these Terms in accordance with the laws and regulations that apply to you, including laws on the capacity to enter into a legal agreement;
3. Your entry into a binding contract with the Company under these Terms, and your use of Service, is a lawful arrangement under the laws of your country, your access to the Service is not prohibited by and does not otherwise violate or assist you to violating any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Company, you, the Website or the Service, or as otherwise duly enacted, enforceable by law, the common law or equity; or contribute to or facilitate any illegal activity.
4. You are not a resident of a Restricted Territory;
5. You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Service;
6. You have submitted a true and complete application for your Account, and all documents that you have provided in support of your application and/or any KYC/AML checks are true electronic copies of valid and true documents;
7. You are aware of the risks involved in dealing with digital assets generally, risks pertaining to your use of Service, including the risk of a total loss of Balance, and other risks as outlined in the Risk Disclosure herein;
8. You are the sole authorized User of your Account, and have taken reasonable steps to prevent unauthorized access to your Account;
9. You have not been previously banned, terminated or otherwise denied access to the Service by the Company or by any competent authority;
10. You are not acting out under an alias, concealing your personal identity or representing any other persons besides your own;
11. You are the owner of any Digital Asset subject to these Terms or you have the full authority to dispose and manage the Digital Assets, and the Digital Assets you use to in connection with your Account are not direct or indirect proceeds of any criminal or fraudulent activity; and you are validly authorized to carry out actions using such Digital Assets;
12. You have not been convicted of any financial or financial-related crime by a proper court of law;
13. You are not a resident or tax resident of such jurisdictions or regimes where the FATF imposes financial sanctions or requires compliance with the United Nations Security Council Resolutions (UNSCRs);
14. You are not a resident or a tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which the Company identified in any manner as being subject to prohibitions or restrictions on accessing or using the Service;
15. You are not from and do not have any relevant connection with any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of Digital Assets is unlawful or restricted in any way; or requires licensing and registration or approval of any kind, whether for you as User or the Company as a provider of intermediary digital asset services to you;
16. You are not subject to any economic sanctions programs administered or enforced by any relevant country, government or international body, including but not limited to: the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore;
17. You are not identified by the Office of Foreign Assets Control of the U.S. Department of the Treasury as a "Specially Designated National";
18. You are not placed on the Denied Persons List by the U.S. Department of Commerce, Bureau of Industry;
19. You are not acting on behalf of or representing any other natural person, legal person or legal entity, and are not acting for any benefit of any third parties unless you have obtained prior written consent to do so from us;
20. You are compliant with all requirements of law applicable to you, including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements.

B. AML and KYC Requirements

The Company is committed to protecting our Users and has established Anti-Money Laundering (“AML”) and Know Your Client (“KYC”) policies and procedures under applicable AML regulations, guidelines, and rules. We are obligated to maintain User records and transaction history, personal identification as required and for the period defined by applicable law. Suspicious identities and/or unusual transactions and other certain circumstances might require the Company to report to the competent authorities any User or suspicious activity that might be indicative of any crime or illicit activity.

All Users registering for DestinyX and using the Service shall adhere to applicable AML and KYC requirements. For the Company to remain compliant with the AML requirements that apply to the Company as a provider of Service, we might ask you to provide relevant information and documentation that we consider necessary to verify and confirm your personal information and take action deemed necessary based on the results of such verification. We may also gather information from third parties that may aid us in performing our AML/KYC assessments more effectively.

The Company may, at any time in our absolute and sole discretion, with or without cause and without notice to you, introduce additional eligibility criteria, revise the list of prohibited jurisdictions, refuse specific applications to open Accounts or use part or all of the Service, and/or terminate or suspend any Accounts, where the Company has determined that a potential or real breach may occur or has occurred of any provisions of the Terms, laws, regulations, or for any other reasons in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Service.

5. Using DestinyX

A. Event Positions

Users are bound by the rules for each Event as outlined on the Website, for each particular Event and the general rules provided in the FAQ section of the Website. Any individual person that meets the eligibility criteria outlined above and has registered an Account may obtain Event Positions. Events are resolved in accordance with the rules of the event. Event resolutions are final and not subject to appeal.

B. Purchasing Eligible Digital Assets

Eligible Digital Assets may be purchased only with stablecoin or other digital assets. Users wishing to purchase stablecoins or other digital assets must do so outside of the DestinyX Service.

C. Exchanging Eligible Digital Assets into stablecoins

Users may request Eligible Digital Assets to be exchanged into stablecoins (or stablecoins of another type than the Eligible Digital Asset) in accordance with the rules and rates available on the Website.

The Company reserves the right to delay processing of a request to review any potential breach of these Terms or the law. If any wrongful activities are confirmed or there is a high risk or suspicion of any illicit actions on behalf of the User requesting the withdrawal, the Company might cancel the withdrawal fully or partially, and take such steps as may be necessary under applicable law to disclose any potential crime and forfeit the Eligible Digital Assets to the appropriate authorities.

DestinyX does not provide any money transmission services or any similar money payment services.

D. Activities not permitted on the website

When using the Service, you are prohibited from:

1. Using the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Website or the Service in any manner;
2. Using the Company’s intellectual property, name, or logo, including use of trade or service marks, without express consent from the Company or in a manner that otherwise harms the Company;
3. Performing any action that implies an untrue endorsement by or affiliation with the Company;
4. Bypass or circumvent any content-filtering techniques, security measures or access controls that the Company employs on the Website, including, without limitation, through the use of a VPN;
5. Impersonating another User of the Service or otherwise misrepresenting yourself;
6. Encouraging, inducing or assisting any third party to engage in any activities prohibited under applicable law or these Terms of Use;
7. Colluding directly or indirectly with another User or Users, or third parties, while using the Service.
8. Using any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Service or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Website or the Service;
9. Violating any Applicable Laws including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs; engaging in activity that violates any Applicable Law, rule, or regulation concerning the integrity of trading markets;
10. Providing false, inaccurate, or misleading information while using the Website or the Service;
11. Engaging in wrongful activities that in an attempt to defraud the Company or otherwise cause harm to the Company, other Users of the Service, or any other person;
12. Using or accessing the Website or Service to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion.

6. Privacy and Disclosure of Account Information

Our Privacy Policy outlines our practices with respect to collecting, using, and disclosing your information when you use the Service, including your personal data, which includes information that relates to a living individual and can be used to identify that individual. The Privacy Policy constitutes an inseparable part of these Terms and covers all of our Services and all methods by which you may access our Website and/or Service through the Platform.

We may disclose your information to third parties about you and any information and activities under your Account registered with us in accordance with the Privacy Policy, including in order to comply with any request or order by any government agency or competent court, for the purpose of conducting our AML and KYC checks and compliance with applicable laws, and where it is necessary for the provision of the Service under these Terms.

7. Service Activity Statements

The Company shall endeavor to create and maintain a log of records of your activities related to the use of the Service. However, it is your sole responsibility to immediately review and notify the Company of any discrepancies, unauthorized logins, irregularities, or errors concerning the log of records of your use of the Service.

8. Deactivating a DestinyX Account

The Company reserves the right to deactivate your Account if deemed necessary at any time, with or without cause and with or without any advance notice to you, including blocking your access to the Service. We reserve the right to disable or modify access to the Website and the Service at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the geographical restrictions that apply to the Service and/or Sponsored Contracts, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Website or the Service being inaccessible to you at any time or for any reason

The Company may be required by law to turn over any Digital Assets in Accounts that have been unclaimed or abandoned to the jurisdiction of the User's last known residence.

The Company reserves the right on any unclaimed or abandoned Accounts and Digital Assets, including using those abandoned Digital Assets to collect any administrative payments, charges, or fees that the Company incurred or may incur in connection with that particular account. All Accounts, in whole or in part, are not transferable or assignable.

You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Service or the automatic termination of your right to use your Account in accordance with these Terms.

9. Conflict/Disputes Involving Your DestinyX Account

We are not liable to you for errors that may result in a financial loss to you. We may take any action that is authorized or permitted by these Terms or applicable laws without liability to you, even if such action causes you to incur fees, expenses or damages. If third parties make claims on your Account, if we receive conflicting instructions from you, or if we become involved in or concerned about a dispute between you and any third party, we reserve the right to react in ways that we believe in good faith to be appropriate, including by closing, suspending or freezing your Account, delivering the Digital Assets available therein to you or any third party, or interpleading assets to the court, all as we reasonably deem appropriate under the circumstances.

You are liable for all expenses and fees we incur for such conflicts or disputes, including internal costs and attorneys’ fees, and we may charge or deduct them directly from your Account Balance.

We are not responsible for delays or losses incurred as a result of an error in the initiation of any transaction and have no obligation to assist in the remediation of such transactions.

10. Legal Process Affecting DestinyX Account

The Company may refuse to permit the withdrawal or transfers from your Account if any legal action is brought against or in connection with your Account by any competent authority in any jurisdiction until all legal proceedings have been satisfied. The Company reserves the right, regardless of the terms of any legal proceedings against you, to have the first claim to any or all assets in your Account. The Company shall not contest any legal proceedings on your behalf and, without liability to you, we may take actions to comply with the law provided that we reasonably believe any such action is appropriate. The Company may charge your Account without prior notice for any expenses and fees accrued from any legal proceedings in connection with your Account. If any levy or garnishment has been placed against your Account, we have the right to setoff any security interest.

11. Indemnification and Limitation of Liability

You agree to indemnify and hold harmless the Company, its affiliates, subsidiaries, parent companies, contractors, licensors, and their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”) from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of the Service or conduct in connection with the Service, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulations of any jurisdiction or rights of any third party during your use of the Service. If you are obligated to indemnify the Indemnified Parties, pursuant to this Section, we shall have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.

To the maximum extent permitted by applicable law, in no event shall the Indemnified Parties be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, property information, revenue or profits, whether it be for business or financial benefit) arising out of or in connection with the access and use of any Service, any performance or nonperformance of the Service or any other product, Service or other items provided by or on behalf of the Company whether under contract, statute, strict liability or other theory, except to the extent of a final judicial determination that such damages were a result of the gross negligence, fraud, willful misconduct or intentional violation of the law.

The Company and other Indemnified Parties are not liable to you for claims, costs, losses, or damages of any kind as outlined above if the Company or other Indemnified Parties are unable to provide the Service to you due to:

1. Reasons attributable to the User;
2. Reasons attributable to actions or inaction of any third party,
3. Delays in service provision due to regular and unplanned maintenance, as well as other related events impacting the network;
4. Tampering, unauthorized access or use of any server or database, and the use and/or abuse of information contained therein, including hacking, viruses, bugs, trojan horses or of the like that may affect the Service;
5. Money laundering or other financial crime impacting your Account or the Service;
6. Characteristics of Digital Assets, including technical limitations or defects inherent to the digital asset issuance management system;
7. Transactions or other dealings between Users or between a User and a third party;
8. Natural disasters or force majeure events.

The Company is not responsible for the use of the Service provided for free unless otherwise specified in the relevant laws and regulations.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF THE COMPANY OR OTHER INDEMNIFIED PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF THE COMPANY WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF REVENUE THAT THE COMPANY OBTAINED IN CONNECTION WITH RENDERING THE SERVICES TO A PARTICULAR USER IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

The conditions, limitations, and indemnification in these Terms confer benefits on the Company and all other Indemnified Parties.

12. Disclaimer of Warranty

THE COMPANY AND THE INDEMNIFIED PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. INDEMNIFIED PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICES AND ANY CONTENT AT YOUR OWN RISK. INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO INDEMNIFIED PARTIES SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND TO THE FULLEST EXTENT PERMITTED BY LAW, INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICES AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE COMPANY AND ANY OTHER INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHICH MAY INCUR AS A RESULT OF ANY DELAY IN THE PROVISION OF THE SERVICES.

13. Risk Disclosure

A. General

BEFORE USING DestinyX, PLEASE TAKE THE TIME TO FULLY UNDERSTAND AND CONSIDER THE RISK INVOLVED. THE RISKS LISTED ARE INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION SURROUNDING THE RISKS ASSOCIATED WITH USING DIGITAL ASSETS AND DestinyX SPECIFICALLY.

USING DIGITAL ASSETS COULD INVOLVE A SUBSTANTIAL RISK OF LOSS AND IS NOT RECOMMENDED FOR ANYONE THAT IS NOT FULLY KNOWLEDGEABLE IN THIS AREA. IT IS RECOMMENDED THAT YOU NEVER RISK MORE THAN YOU ARE WILLING TO LOSE. THE RISK DISCLOSURE CLAUSE DISCUSSES SOME OF THE PRINCIPAL RISKS ASSOCIATED WITH DIGITAL ASSETS BUT DOES NOT AND CAN NOT INFORM YOU OF EVERY RISK INVOLVED IN HOLDING, TRADING, BUYING, OR ENGAGING IN DIGITAL ASSETS. WE RECOMMEND THAT YOU RESEARCH ON YOUR OWN ADDITIONAL AND APPLICABLE RISKS INVOLVING THE USE OF DIGITAL ASSETS TO MAKE PROPER DECISIONS.

B. Risk of Loss

YOU ACCEPT THE RISK OF LOSS ASSOCIATED WITH THE LOSS OF YOUR DIGITAL ASSETS AS A RESULT OF USING THE SERVICE. WHILE USING THE SERVICES, YOUR DIGITAL ASSETS ARE NOT SUBJECT TO ANY REGULATORY OR CONSUMER PROTECTION SCHEME OR ARRANGEMENT FOR PROTECTION AGAINST LOSSES. THERE MAY BE PARTIAL OR TOTAL LOSS OF YOUR DIGITAL ASSETS ARISING OUT OF THE SERVICES, INCLUDING DUE TO THE NATURE OF THE SERVICES AND INCLUDING REASONS OUTSIDE THE CONTROL OF THE COMPANY. THE COMPANY IN NO CIRCUMSTANCES SHALL BE LIABLE TO YOU FOR SUCH LOSSES, AND THERE MAY BE NO REMEDY AVAILABLE IN CASE OF LOSS OF YOUR DIGITAL ASSETS, INCLUDING AND UP TO A TOTAL LOSS OF DIGITAL ASSETS.

C. Limited Services

The Company will not offer any advice, recommendations, or invite you to deal in Digital Assets or aid you in the allocation of your Assets within our Service. Any opinions, news, research, analyses, prices, or other information contained on the Website and Service are provided as general market commentary and do not constitute investment or trading advice or any other type of professional advice. The Company will not be responsible for any loss arising from any activity based on any information provided on our webpage or our Service or by any of its employees and executives.

You confirm that all decisions and actions involving all your Digital Assets are made without reliance on any information or advice that the Company or its representatives may have provided to you.

You are solely responsible for evaluating the suitability and reasonableness of all actions using the Service.

The Company strongly recommends that you obtain independent legal, tax, or financial advice before making any decisions involving the Service as we do not provide these under any circumstances. You are solely responsible for assessing whether such risks are appropriate for you and for understanding the significant risks associated with Digital Assets.

DestinyX IS IN BETA TESTING MODE.

The Site and other information available when using the Service may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies.

Use of the Service and obtaining Event Positions may carry financial risk. Digital Assets and Event Positions are highly experimental, risky, and volatile. Transactions entered into in connection with the Service are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Website and the Service at your own risk. The risk of loss in transacting Digital Assets using Event Positions can be substantial, up to a total loss of Digital Assets. You should, therefore, carefully consider whether such transactions are suitable for you in light of your circumstances and financial resources. By using the Service, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to evaluate the merits and risks of any transaction conducted in connection with the Service. You accept all consequences of using the Service, including the risk that you may lose your Digital Assets completely and indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Service.

D. Risks Related to Digital Assets

The nature of Digital Assets may entice an increased risk of fraud or cyber-attack, including rollback attacks or blockchain reorganizations.

You thus accept and understand that due to the nature of Digital Assets and the underlying technology, you are exposed to these and other risks over which the Company has no control, and which are entirely passed on to you as a User, including but not limited to other risks such as the continuing evolution of Digital Assets and effect of global regulatory developments; potential price manipulation; a lack of secondary markets for certain virtual assets; risk of the loss of virtual assets; other hacking and technology-related risks; and any new risks which may arise from investing in new types of virtual assets.

Digital asset transactions are not reversible. Erroneous transactions may result in irreversible loss of your funds.

Any third party gaining access to your Digital Wallet or Account can extract your funds, and you may not be able to identify or find such parties.

Digital Assets are largely unregulated in most parts of the world, and limited protection (if any) may be afforded to Users in the event of a loss. Different jurisdictions may treat Digital Assets differently, and the cross-border nature of the blockchain and Digital Assets may make them subject to the laws of various jurisdictions. The Service and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Company to continue to make available its proprietary software and, thus, could impede or limit your ability to access or use the Service.

You must always make sure that any use you make of any Digital asset is compliant with all applicable laws.

Different jurisdictions may impose specific tax rules and treatments on Digital Assets. You must ensure you understand the tax implications of your activities, and always comply with all reporting and payment obligations applicable to you.

Blockchain technologies are susceptible to a wide variety of risks, from malicious attacks to technical difficulties and failures, which may result in loss of funds transacted or held over the blockchain, increased transaction costs, or delays in execution

14. Governing Law and Jurisdiction

The parties submit to the non-exclusive jurisdiction of the Cayman Islands courts and each party waives any objection to proceedings in the Cayman Islands on the grounds of venue or inconvenient forum.

15. Disputes, Binding Arbitration, Class Actions, and Class Arbitrations Waiver

The terms of this Section shall apply to all disputes between you and the Company. For the purposes of this Section, “Dispute” shall mean any dispute, claim or action between you and the Company arising out of, under or relating to your Account, DestinyX, these Terms, or any other transaction involving you and DestinyX, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.

A. Negotiations

If any dispute arises under these Terms that is not settled promptly in the ordinary course of business, the Company and the User (“Parties”) shall seek to resolve any such dispute between them by negotiating promptly with each other in good faith. If the Parties cannot resolve the dispute within 30 business days (or any such period as the Parties shall otherwise agree) through negotiations, then any such dispute shall be submitted to mediation per the provisions below.

B. Mediation

In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.

If the dispute is not settled by mediation within 90 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

C. Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of the Cayman Islands.

D. Waiver of Class Actions and Class Arbitrations

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING, INCLUDING CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THESE TERMS, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDthe ATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND THE COMPANY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

16. Intellectual Property Rights

The contents and design of the Website, logos, trademarks, the Service and any material accessed by you on the Platform, Website and/or the Company and the Service are copyright of the Company and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as DestinyX name and logo or other trade names appearing on the Website) for any reason without written permission from The Company. The software and Platform that operates the Website and the Service are proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

17. Waiver

Failure or delay to enforce any of the terms or conditions of these Terms shall not constitute a waiver, relinquishment or modification of any of our rights of any such terms or conditions or any other terms or conditions. If we somehow are deemed to have waived any of our rights or have delayed the exercise of our rights, you are still responsible for any or all Obligations required by you to us under these Terms.

If we delay any exercise of our rights, or if notwithstanding the foregoing The Company somehow is deemed to have waived any of our rights, you are still obligated to pay us Obligations you may owe us, remove any violation of these Terms and/or otherwise follow our instructions (as applicable). Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision and does not affect our other or subsequent rights in any way.

18. Assignment

The User may not assign, delegate, sub-contract or otherwise transfer all or part of his rights or obligations under the Terms of Use whether by operation of law or otherwise, without The Company’s express written consent, and any attempted assignment in violation of this prohibition shall be void ab initio and of no effect. The Company may assign, delegate, sub-contract or otherwise transfer all or part of its rights and/or obligations under these Terms without notifying the User or obtaining the User’s consent. Any permitted assignment or transfer of or under these Terms shall be binding upon and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties hereto.

19. Taxes

You are responsible for your tax obligation arising from your use of the Service. It is your responsibility to determine what kind of filing or reporting is required of you by the competent tax authority, which taxes and to what extent you are obliged to pay, and which tax exemptions you are eligible to. The Company shall not be required to compensate you for your tax obligation or advise you in relation to your tax issues. Notwithstanding the foregoing, the Company may make any tax withholdings or filings that we are required to do by law.

20. Severability

The illegality, invalidity or unenforceability of any provision of the Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision. If any provision in the Terms of Use shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable, and gives effect to the commercial intention of the Parties.

To the extent it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of the Terms of Use and the legality, validity and enforceability of the remainder of the Terms of Use shall, subject to any deletion or modification made under this Section, not be affected.

21. Fairness and Reasonableness

You confirm that you have had the opportunity to seek independent legal advice relating to all the matters provided for in these Terms and agree that there shall be no presumption that any ambiguity in the Terms should be construed against the Company solely as a result of the role of the Company in the drafting of the Terms, and that the provisions of these Terms and all documents entered into pursuant to the Terms are fair and reasonable.