TERMS of USE
Welcome to Finceptor! These terms and conditions ("Terms") govern your use of Finceptor's website and services (collectively referred to as the "Services"). By using the Services, you agree to be bound by these Terms. You may not use the Services if you do not agree to these Terms.
1.Introduction
By accessing, registering, using, or interacting with any information on the Website provided by the Company, you have agreed to and accepted all the terms and conditions stated in these Terms.
Prior to utilizing the Website and Services, it is strongly advised that you carefully read these Terms as well as the provisions outlined in our Privacy Policy. By using the Website and Services in any manner, you acknowledge and agree that: (i) you have read and familiarized yourself with these Terms; (ii) you comprehend the contents of these Terms; and (iii) you consent to abide by these Terms when accessing the Website. If you do not agree to these Terms, please refrain from accessing or using the Website and Services.
We reserve the right to modify or alter the content of the Company or any of its platforms for reasons of security, legal compliance, regulatory requirements, or to reflect updates or changes in the functionality or services provided by the Website. It is advisable for you to periodically review these Terms. Users of the Website and Services will be bound by any changes made to these Terms, and the updated Terms will become effective immediately upon their publication on the relevant Website.
By continuing to use or engage with the Website, the Services, tools, and information made available on these platforms, you consent to be bound by the provisions outlined herein.
In the event that changes are made to these Terms, we will provide a notification on the Website. By accepting the notification, you will be considered to have received sufficient notice regarding any modifications to these Terms. It is recommended that you seek professional guidance to ensure compliance with any legal obligations that may be applicable to your use of the Website, the Services, or the relevant tools provided by the Company or its Partners.
2. Definitions and Key-Terms
"CFT" refers to Combating the Financing of Terrorism.
"AML" refers to anti-money laundering.
"KYC" refers to Know Your Customer.
"KYB" refers to Know Your Business.
"IDO" refers to Initial Dex Offerings.
"Launchpad" refers to Website or platform that facilitates token swaps, and where the IGO fundraising Projects are officially launched.
"Project" refers to the Company's project being launched for Initial Decentralized Offering ('IDO') event on Finceptor Platform.
"FINC Token" used for accessing IDOs and accumulating allocations. The allocation policy promotes long-term token growth, and the more and longer you stake FINC, the larger the allocation will be. $1 worth of staked FINC's will provide a 100% guaranteed allocation for retail investors.
"FCT Token" refers to Finceptor Credit Token. FCT Token is a premium soulbond token that represents 1 USDT, only usable in investment deposits.
"FCFS" refers to, First Come First Serve Round.
"Services" shall mean the services described in clause 5.
"Website" refers to finceptor.app
3. Risk of Digital Assets and Decentralized Networks
The use of digital assets and decentralized networks involves significant risks. Digital assets are not legal tender and are not backed by any government. The value of digital assets can be extremely volatile and unpredictable. Digital assets can be subject to significant price fluctuations, which may result in significant losses. There is no guarantee that any digital asset will maintain its value or that it will not lose value.
In addition, the security of decentralized networks cannot be guaranteed. These networks may be subject to attacks, hacking, and other security breaches. The use of digital assets and decentralized networks is at your own risk. You are solely responsible for understanding the risks associated with digital assets and decentralized networks and for taking appropriate measures to mitigate these risks.
We strongly recommend that you seek professional advice before engaging in the use of digital assets and decentralized networks. We are not responsible for any losses or damages resulting from your use of digital assets or decentralized networks.
4. Services
a. KYC: Finceptor does not have a default role to implement KYC procedures. However, IDO fundraising companies using the Finceptor are required to enforce Know-Your-Customer (KYC) authentication tools that are mandatory for their users, and IDO companies are obligated to implement this requirement. Finceptor integrates KYC tools into Launchpad through https://kycaid.com/. To access the Services on the Website, you may be required to go through the KYC process upon request by each IDO fundraising project. Finceptor reserves the right to request KYC documents necessary to determine a User's identity and location at any time. Finceptor also reserves the right to restrict services and payments until the identity is sufficiently determined. Finceptor reserves the right to share the provided KYC information and documents with third parties for verification and by using the KYC Service, you accept this. Finceptor reserves the right to seize all funds that violate applicable Anti-Money Laundering (AML) and Combatting Financing of Terrorism (CFT) laws and regulations, and to cooperate with the relevant authorities as necessary. You must ensure that all your information and KYC/AML documents are complete, accurate, and up-to-date when deciding to participate in the IDO and stake your FINC Tokens. Finceptor will rely on the information provided by you, and if there are reasonable grounds for Finceptor to believe that the information provided by us is partially or wholly incomplete, incorrect, or out of date, Finceptor reserves the right to request a correction or send a notification to directly delete such information and disable access to all or part of the Website if necessary. Finceptor reserves the right to freeze, close, or delete accounts deemed necessary when there is reasonable cause to suspect any User's use of the Services to transact or engage in suspicious illegal activities with cryptocurrencies.Finceptor will hold no liability to such users for any damage, or loss arising out of or in connection with this manner herein.
b. AML: As Finceptor, we expect you to comply with anti-money laundering and counter-terrorism financing (AML/CFT) laws and regulations to the best of your ability. Therefore, we expect you to cooperate with AML/CFT procedures during the use of Finceptor. These procedures include identity verification and customer identification (KYC), detection and reporting of suspicious transactions, tracking of sanctions against banned individuals and countries, and evaluation and prevention of money laundering (AML) risks. Finceptor may take measures such as monitoring, reviewing, and reporting your accounts and transactions to comply with the laws. Therefore, by using Finceptor, you acknowledge that you agree to act in accordance with all laws and comply with necessary AML procedures.
c. Staking: Finceptor may offer staking services for certain digital assets. By participating in the staking services, you acknowledge and agree that:
I. Finceptor does not guarantee any returns on staked assets.
II. Staked assets are subject to market risk and may fluctuate in value.
III. Finceptor is not responsible for any losses incurred as a result of staking activities.
IV. Finceptor may change the terms of the staking services, including staking rewards, at any time without notice.
V. Finceptor reserves the right to reject any staking requests for any reason, including but not limited to suspected fraud or security concerns.
VI. Any rewards earned from staking may be subject to taxes and other regulatory requirements in your jurisdiction, and you are solely responsible for complying with such requirements.
VII. Finceptor may impose fees for staking services, which will be disclosed to you at the time of staking.
VIII. You are solely responsible for the security of your staked assets and must take appropriate measures to protect them from unauthorized access, theft, or loss.
I.a. Allocation Policy
The allocation policy of Finceptor is governed by the principle that "the more and longer you stake $FINC, the larger your allocation."
This policy is employed for the calculation and distribution of allocations pertaining to $FINC token holders within the Finceptor policy. The primary objective of this policy is to encourage $FINC Token holders to increase their commitment to the protocol and make a greater contribution to it by staking for longer durations.
Therefore, $FINC Token holders should be aware that their allocations will increase with the increase in the amount and duration of their stake. This policy is clearly stated and can be clarified or rectified by the Finceptor team in the event of any application error or mistake.
II.b. Investment Flow
Finceptor requires users to complete the KYC process as a mandatory first step to participate in IDOs. More information on KYC can be found in Clause 5.a. After the completion of the KYC process, users must connect their wallets to participate. As a second step, participants who wish to take part in IDO's must stake at least $1 worth of FINC tokens. After staking, the participant should visit the IDO page, which is specifically created for the project on the Finceptor website, and complete the registration process. Upon completion of the registration process, the participant will be able to invest in the project of their choice. It should be noted that the participant must be mindful of the risks involved in investing. After investing, the participant can track their investments and tokens from the Portfolio page.
III.c. Fees
During the staking round, $FINC Token stakers are not charged any fees for their investment, as the staking round is a no-fee (0%) investment opportunity. However, during the FCFS, there is a 5% fee that is charged to investors.
It is important for investors to be aware of this fee and its purpose before making any investment decisions. The fee is charged to fund the development and improvement of the Finceptor protocol, including the implementation of new features and the enhancement of existing ones.
It is worth noting that the Finceptor team reserves the right to adjust the fee percentage or waive it entirely at their discretion, should they deem it necessary for the betterment of the protocol. However, any changes to the fee structure will be communicated transparently and well in advance of their implementation to ensure that investors are fully informed and can make informed investment decisions.
d. Bond
The Bond Services encompass a structured protocol-owned liquidity bootstrapping and token liquidation tool designed to raise capital and liquidity for publicly traded tokens.
Bond Services serve as an alternative to Liquidity Mining, focusing on the protocol-governed liquidity bootstrapping for DAOs, DeFi protocols, and other Web3 initiatives.
The Bonds can be utilized for liquidating protocol tokens in exchange for strategic assets and stablecoins, aiding projects in building a robust long-term treasury.
Projects expanding their tokens to other EVM-compatible chains can leverage Bonds to generate chain-specific liquidity, facilitating a seamless transition to a multi-chain environment.
For projects seeking to list publicly traded tokens on decentralized exchanges (DEXes), Bonds offer a financing mechanism for acquiring the liquidity needed to establish liquidity pools on DEX platforms.
Bonds can be employed to secure financing for secondary listings on centralized exchanges (CEXes), providing projects with additional avenues for token exposure.
Bonds are auctioned off through two primary mechanisms:
1. Fixed-Swap Auction: The auction begins and concludes with the same discount rate and vesting terms.
2. Descending Dutch Auction: The auction starts at a pre-determined discount rate and decreases linearly with demand, fostering economic competitiveness among market participants. The discounted tokens are vested block-by-block linearly to prevent quick arbitrage opportunities.
5. Website Requirements
5.1. By accessing the Website, the User represents and warrants that:
I. as an individual, it is at least eighteen (18) or is of legal age to form a binding contract under applicable laws;
II. as an individual, legal person, or other organization, it has full legal capacity and sufficient authorizations to enter into these Terms;
III. it has not been previously suspended or removed from using the Services;
IV. it does not currently have an account, and
V. Its use of the Services will not violate any and all laws and regulations applicable to the User, including but not limited to regulations on AML, anti-corruption, and counter-terrorist financing.
Prohibited Actions
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant, and agree that:
a. Prohibited Jurisdictions
Persons located in or residents of the United States of America, Japan, the Democratic People's Republic of Korea, Iran, Myanmar Syria, Sudan, Afghanistan, the Central African Republic, Cuba, the Democratic Republic of the Congo, Venezuela, Zimbabwe, Iraq or any other jurisdiction in which it is prohibited from using the Service (the "Prohibited Jurisdictions") are not permitted to make use of the Service. For the avoidance of doubt, the foregoing restrictions on Service from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Finceptor to identify your location and providing Finceptor with false or misleading information regarding your location or place of residence.
b. Personal Use
The Service is intended solely for the Users personal use. The User is only allowed to use the Service for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.
7. Governing Law
These Terms of Service shall be governed by, interpreted, and enforced in accordance with the Laws of the Republic of Turkey and shall be interpreted in all respects as a contract governed by the laws of the Republic of Turkey. Additionally, any dispute, conflict, claim, or action arising from or related to your access or use of the Website, or these Terms of Service, shall likewise be governed by the Laws of the Republic of Turkey, exclusive of choice-of-law principles. Nothing in this clause shall limit the right of the Company to take legal action against you in any court of competent jurisdiction, nor shall the taking of legal action in any one or more jurisdictions preclude the taking of legal action in any other jurisdictions, whether concurrently or not, to the extent permitted by the laws of such other jurisdiction.
8. Indemnification
You agree to indemnify fully and hold harmless the Company, its Affiliates, licensors, shareholders, officers, directors, managers, employees, and agents from any and all losses, claims, actions, proceedings, damages, demands, judgments, sums, liabilities, costs, charges, and expenses, including reasonable attorney's fees or penalties imposed by any regulatory authority, as well as reimbursements arising from or related to the following:
a. Your violation of these Terms or our enforcement of these Terms;
b. Your use of the Services on the Website or your participation in the Services on behalf of another person;
c. Any violations of applicable laws, regulations, or the rights of any third party during your use of the Services or participation in the Services.
Should you be obligated to indemnify the Company, its Affiliates, shareholders, licensors, officers, directors, managers, employees, and agents, the Company shall have sole discretion in controlling any legal actions or proceedings and determining whether to proceed or settle and if so, on what terms or provisions.
In the event that you are required to indemnify the Company, its Affiliates, shareholders, licensors, officers, directors, managers, employees, and agents, the Company shall retain exclusive authority to oversee any legal action or proceeding and decide whether the Company desires to proceed or settle, and if so, the terms and provisions under which such action or settlement shall occur.
9. Limitation of Liability
9.1. Notwithstanding any provisions contained in these Terms, under no circumstances shall the Company, its partners, affiliates, employees, agents, officers, or directors be liable to the User for any incidental, special, exemplary, punitive, indirect, or consequential damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Website, any websites linked to it, any content on the Website or other such websites, or any other services or items obtained through the Website or other such websites. Such damages include, but are not limited to, lost revenue, lost profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of your credential information, loss or interruption of technology, and loss of use of service or equipment. This applies even if the User was advised of the possibility of such damages, and regardless of whether the claim arises under a theory of contract, tort, strict liability, or otherwise. Additionally, the Company shall have no liability for any emergency or unforeseeable incidents related to your use of the services on the Finceptor platform, such as stolen private keys or hacked accounts.
9.2. Except as explicitly stated in these Terms, and to the fullest extent permitted by any applicable laws, we specifically disclaim all other representations or warranties, whether express or implied, made to you, your affiliates, or any other person, regarding the quality, suitability, merchantability, fitness for a particular purpose, or any other characteristic (irrespective of any course of dealing, custom, or usage of trade) of any service provided incidental to the Services under these Terms.
9.3. Unless expressly stated in these Terms and to the widest extent permitted by applicable laws, the Company, its affiliates, and related parties disclaim any liability to you for any loss or damage arising out of or due to:
a. Your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services made available through the Services;
b.The occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to Finceptor's records, programs, services, server, or other infrastructure relating to the Services;
c. The Services being infected with any malicious code or viruses; or
d. The failure of the Services to remain operational for any period of time.
10. Miscellaneous
10.1. Finceptor's waiver of any breach of any provision of this Agreement (including the failure of Finceptor to require strict and literal performance of or compliance with any provision of this Agreement) shall not be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
10.2. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.
10.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and Finceptor.
10.4. Finceptor may assign, transfer, charge, sublicense, or deal in any other manner with this Agreement, or subcontract any of its rights and obligations under this Agreement, to any other party.
10.5. This Agreement constitutes the entire understanding and agreement between you and Finceptor regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and Finceptor.
- Intellectual Property Rights
11.1. All current and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and Services are exclusively owned by or licensed to the Company. Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-transferable, and limited license to access and use the Website and the Services as permitted herein.
11.2. Except as explicitly mentioned in these Terms, no rights or licenses to Finceptor's or any third party's intellectual property rights are granted under these Terms.
11.3. If, by operation of law or otherwise, you possess any intellectual property rights belonging to the Company, you agree to perform any necessary actions and sign any required documents as reasonably requested by the Company to transfer such intellectual property rights back to the Company.
11.4. You acknowledge and agree that all content available on the Website, including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, and text, is owned by the Company and is protected by copyright and/or other intellectual property rights. You are strictly prohibited from modifying, copying, reproducing, reusing, translating, redistributing, publishing, creating derivative works from, or engaging in any other unauthorized use of the Site Content without obtaining prior written consent from the Company. Furthermore, you agree not to take any actions that may harm or potentially infringe upon the intellectual property rights of Finceptor.
11.5. You acknowledge and agree that all content on the Website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio, and text, belongs to the Company and is protected by copyright and/or other intellectual property rights. Under no circumstances may you modify, copy, reproduce, reuse, translate, redistribute, publish, use for derivative works, or otherwise deal with the Site Content for any reason without obtaining prior written consent from the Company. Additionally, you agree not to do anything that may harm or potentially harm the intellectual property rights of Finceptor.
11.6. Third parties participating on the Website may permit the Company to utilize trademarks, copyrighted material, and other intellectual property associated with their businesses. The Company makes no warranty or representation that the Website's content does not infringe any third party's rights.
11.7. The term "Finceptor" its domain names, and any other trademarks or service marks used by Finceptor as part of the Service, are exclusively owned by the Company. In addition, all content on the Website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio, and text (the "Site Content") belongs to the Company and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trademarks or any part thereof. Under no circumstances may you use the Site Content and/or the Trademarks without the Company's prior written consent. Additionally, you agree not to do anything that may harm or potentially harm the intellectual property rights of the Company.
12. Non-Financial and Legal Advice
The Company is merely a technology platform and is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Website or the Services. No communication or information provided to you by the Company is intended as or will be considered or construed as, the solicitation of an offer to buy, investment advice, financial advice, legal advice, or any other sort of advice. All Services, transactions, and Investments will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services, or investments are suitable and match your interests according to your judgment, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.
Before executing any transactions, or purchasing FINC Token or IDO tokens on the Finceptor Platform, you should consult with your independent financial, legal, or tax professionals. The Company will not be liable for the decisions you make to access and purchase through the Company.
- Force Majeure
13.1. The Company shall not be liable for any damages resulting from any delay or failure to perform its obligations under these Terms of Use caused by events beyond its reasonable control, including but not limited to fires, strikes, floods, pandemics, power outages or failures, acts of God or the state's enemies, acts of any government or government officials, 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 other persons, or any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of such circumstances, the Company's performance obligations under these Terms of Service shall be deemed suspended during the period of such force majeure event, and the Company shall be excused from any and all liability for non-performance or delay in performance of such obligations.
14. Taxes
14.1 It is your sole responsibility to determine the applicability of any taxes arising from your use of the Services, and to accurately report and remit the necessary taxes to the relevant tax authority. The Company does not assume the responsibility of determining whether taxes are applicable to your use of the Services and will not provide advice regarding tax obligations.