Terms of Service

The terms and conditions of service presented below (hereinafter "Terms of Service") apply to all users of morphtoken.com (the "Site"). Please read the following Terms of Service thoroughly to ascertain which terms apply to you as they may differ by jurisdiction. Using any of the services offered on the Site means the user (referred to hereafter as "you", "your", or the "user") agrees to these Terms of Service.

These Terms of Service constitute the understanding and agreement with respect to the use of any or all of the services, and any manner of accessing them, between you and Automatha SA, a corporation organized in accordance with the laws of Panama (hereinafter "AMSA").

Any and all licenses, terms, conditions, limitations, and obligations contained within and on the Site are incorporated into these Terms of Service by reference, including all Site policies and pages. If there is any inconsistency between these Terms of Service and any other pages or policies on the Site, please contact our support line at contact@morphtoken.com.

By using any of the services offered on the Site, you acknowledge that you have read, understood, and fully agree to these Terms of Service. If the Terms of Service or any subsequent amendments, changes, or updates, are against any law applicable to you, or if you disagree with these Terms of Service, you are not permitted to use any of the services offered on the Site; and, you must immediately stop using all services on the Site.

These Terms of Service may be changed or updated by AMSA at any time and without prior notice to you, the user. You should review the Terms of Service frequently to confirm your understanding of and agreement with these Terms of Service is up-to-date and accurate. If you do not stop but rather continue to use of any of the Services on the Site after the posting date of any changes or updates to the Terms of Service establishes your acceptance of the modified Terms of Service.

The use of the Site and any services provided by AMSA, with respect to the same, is void where and when prohibited by applicable law.

Interpretation

Definitions: In this document, the Terms of Service, and all documents referenced herein, the words below have the meanings explicated below unless indicated differently.

  • "AML" means anti-money laundering;
  • "Associates" means AMSA and all respective subsidiaries, shareholders, full-time and part-time employees, contractors, advisors, agents, directors, officers, partners, affiliates, insurers, and attorneys;
  • "CTF" means counter-terrorist financing;
  • "Digital Assets" means blockchain-based assets or rights, or other similar digital representations of rights or assets, including bitcoins, ethers, litecoins, and moneros;
  • "FATF" means the Financial Action Task Force;
  • "MorphToken" as presented throughout the Site refers to AMSA.
  • "Person" includes an individual, association, partnership, corporation, other corporate body, trust, and any form of legally capable organization or entity;
  • "Prohibited Jurisdictions" means United States; Bosnia and Herzegovina; Democratic People's Republic of Korea (North Korea); Ethiopia; Iran; Iraq; Syria; Uganda; Vanuatu; and, Yemen;
  • "Prohibited Use" has the meaning defined in a subsequent section of this document;
  • "Service" means any of the services, functions, or features offered on the Site;
  • "Site" means the Internet website morphtoken.com and any of its subdomains;
  • "Terms of Service" means the terms and conditions of service as defined and explicated in this document including all changes, amendments, and updates, as well as all Site policies listed on other pages.

Extended/Other Meanings: Unless otherwise specified in these Terms of Service, words utilizing the singular include the plural and vice versa and words utilizing gender include all genders.

Governing Law

The Terms of Service contained and explicated in this document are governed by the Republic of Panama and as such shall be interpreted and enforced in accordance with the laws and regulations of the Republic of Panama. In this regard, these Terms of Service shall be interpreted in all respects as a Republic of Panama contract. Claims or action emerging from or related to these Terms of Service will be governed by the Republic of Panama and as such shall be interpreted and enforced in accordance with the laws and regulations of the Republic of Panama. More specifically, and without limiting the scope of the aforementioned, this provision applies explicitly to any tort claim against AMSA. The location, including forum and venue, for any claim or action involving AMSA will be in the Republic of Panama. You, the user, accept, without exception, that any claim or action involving AMSA will be handled exclusively in the jurisdiction of the courts of the Republic of Panama and all courts competent to hear appeals therefrom. You also unconditionally agree to the exclusive location, including forum and venue, of the Republic of Panama in any claim or actions emerging from or related to any dispute or question concerning these Terms of Service. The doctrine, forum non conveniens, will not apply in the selection of forum under these Terms of Service.

License to Use the Site

If you agree to and abide by these Terms of Service, AMSA permits you the limited right to use the Site and Services. The right to use the Site and the Services is a non-exclusive, non-transferable, revocable, limited license, and it is subject to the provisions, limitations, and obligations explicated in these Terms of Service. No provision in these Terms of Service gives you any license, right, title, or ownership of, in, or to the Site or any of the Services.

Trading and Financing

Depositing funds to the Site or using any of the Services is not allowed where prohibited by applicable law. Persons prohibited from depositing funds to the Site or using any of the Services include: residents and/or nationals of Prohibited Jurisdictions.

Risks and Limitation of Liability

Cryptocurrency markets are unpredictable, volatile, and can change instantly. You, the user, are fully responsible and liable for your trading and non-trading activity on the Site and your usage of any of the Services even in the case that the Site presents information inaccurately. You agree to be fully responsible and liable for your trading and non-trading activities on the Site including all gains/losses incurred from your activities on the Site and usage of the Services. You agree to be fully responsible and liable for all of your obligations with respect to any depositing, withdrawing, and trading activities on the Site. You agree to be fully responsible and liable for ensuring the security of your personal information or any information you provide to the Site or while using any of the Services such as deposit and withdrawal addresses. AMSA does not guarantee the user will incur no losses on the Site. AMSA is not responsible for any user losing funds or Digital Assets on the Site or for any losses incurred by the user's activities on the Site or usage of the Services.

No Class Proceedings

You, the user, and AMSA both agree that any party listed in this document has the right to bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No arbitrator may join or consolidate more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one AMSA user cannot and may not affect any other users of AMSA’s Site.

Prohibited Uses

The user shall not:

  • Conduct activities on or use the Site or any Services with the intent of disguising or masking the proceeds of or to aid in any breach of applicable laws or regulations, or to use any Digital Assets, funds, or proceeds obtained for or used for illegal purposes;
  • Execute transactions or make deposits on the Site or use any Services with anything other than Digital Assets that were legally acquired by you, the user, and remain in your possession;
  • Conduct activities on or use the Site or any Services to impede or disrupt the rights or obligations of AMSA or the rights or obligations of any other user of the Site or Services;
  • Execute transactions using incorrect information presented by the Site or by AMSA or exploit any technical flaw, error, failure, delay, attack, or security breach;
  • Conduct activities on or use the Site or any Services to participate in any activity that is harmful to AMSA or to any other user of the Site and/or Services;
  • Engage in any activity to reverse-engineer, attack, decompile, or disassemble any software utilized by the Site or the Services;
  • Engage in any activity aimed at harming AMSA, any Site or Services user, or any third party by accessing the Site or using any of the Services;
  • Access or use the Site or any Services using any virtual private network, proxy service, or any other service, product, or network with the intention of masking your true legal residency, citizenship, nationality, IP address, or geo-location in the case that you are a resident or national of a Prohibited Jurisdiction; or
  • Violate any of the provisions explicated in these Terms of Service.

Any activity explicated above constitutes a "Prohibited Use." If AMSA becomes aware that you have participated in or had the intention to participate in any Prohibited Use, AMSA has the right to address the activities or behavior associated with the Prohibited Use by imposing relevant and appropriate penalties or limitations, at the sole and absolute discretion of AMSA. Such penalties or limitations might include, but is not limited to, sending a full report of the illicit activities/behavior to authorities of the law in the appropriate jurisdiction and/or immediately terminating your access to the Site and usage of any of the Services. AMSA reserves the right to reject transactions from or to or end any relationship with any user for any reason or for no reason at any time with or without notification to the user. This might include but is not limited to any person from or residing in jurisdictions that do not meet the global AML–CTF standards as provided by the FATF, any person named as a Politically Exposed Person as defined in the FATF's 40 Recommendations, or any person failing to comply with the requests of AMSA.

Intellectual Property

MorphToken and the MorphToken logos, names, and designs are copyrighted by AMSA. You, the user, agree not to appropriate, copy, display, or use any of the MorphToken and AMSA marks or other content without explicit written permission, obtained prior to usage, to do so. All materials on the Site are © AMSA.

User Representations and Warranties

You represent and warrant to AMSA that:

  • You are at least 18 years of age or that you have the capacity to engage in a contractual agreement under applicable law, if you are an individual user;
  • You have the authority to engage and sign binding agreements and contracts on behalf of the Site user if you are not an individual user;
  • You fully understand and accept the risks of using the Site and the Services, you are not barred from using the Site by any of the provisions of these Terms, and you are not prohibited by any other applicable law from using the Site or the Services;
  • You will not use the Site or any Services in order to mask the funds obtained by or to aid in any breach of applicable laws or regulations of any jurisdiction, or to engage in any illegal activities using Digital Assets or gains acquired therefrom; and
  • You will not execute any transactions on the Site or use any of the Services with any Digital Assets that were not obtained legally by you and that still remain in your possession.

No Representations and Warranties by AMSA

AMSA makes no representations, warranties, or guarantees to you, the user, of any kind or at any time under any circumstances. The Site and the Services offered by AMSA are as they are presented on the Site and are offered to users without any representation as to merchantability or fitness for any particular purpose.

No Advice

AMSA does not intend to nor does it provide advice or interpretation on investment or trading models, algorithms, theses, or techniques.

Limitation of Liability and Release

AMSA assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys' fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as "Losses") directly or indirectly arising out of or related to:

  • These Terms of Service;
  • The Site and your use of it;
  • The Services and your use of any of them;
  • The real or perceived value of any currencies or Digital Assets traded on the Site, or the price of any Digital Asset displayed on the Site at any time;
  • Any inaccurate, misleading, or incomplete statement by AMSA or on the Site, whether caused by AMSA’s negligence or otherwise;
  • Any error, failure, delay, malfunction, interruption, breach, or decision by AMSA in operating the Site or providing any Service;
  • Any stolen, lost, or unauthorized use of your information, any breach of security or data breach related to your information, or any criminal or other third party act affecting AMSA or any Associate; or,
  • Any offer, representation, suggestion, statement, or claim made about AMSA, the Site, or any Service by any Associate.

Upon reading this, you hereby agree to release any Associates from responsibility and liability for any and all losses. You also agree to compensate, save, and hold the Associates harmless from and against all losses. The aforementioned limitations of liability apply when the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

No Waiver

Any oversight by AMSA to make use of any of its rights or authority under these Terms of Service, or any delay by AMSA in doing so, does not constitute a waiver of any such right or authority. The full or partial exercise of any right or authority by AMSA does not prevent AMSA from utilizing any of its other rights or authority.

Force Majeure

AMSA is not responsible or liable for damages or losses incurred due to delay or failure to comply with these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state's enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, AMSA is released from any and all obligations including performance of the Site and the Services, and these Terms of Service shall be fully terminated.

Assignment

These Terms of Service, and any of the rights, duties, responsibilities, liabilities, and obligations contained within this document, are not assignable by you without prior written consent of AMSA. These Terms of Service, and any of the rights, duties, responsibilities, liabilities, and obligations contained within this document, are openly assignable by AMSA with or without notice or consent of the user. Any attempt by the user to assign these Terms of Service, and the rights derived from them or the use of the Site or Services provided by AMSA, without written consent is void.

Severability

In these Terms of Service, if any provision, as changed or updated, is found to be invalid, void, or unenforceable, fully or partially, by any court of competent and non-prohibited jurisdiction, such invalidity, voidness, or unenforceability applies solely to the specific provision in question; all other provisions in these Terms of Service remains intact, valid, and applicable to all users of the Site.