1. Purpose and Scope of These Terms
1.1 Purpose of These Terms
These Terms of Service establish the respective rights and obligations of Smart Digital Assetd Inc. (hereinafter referred to as the “Company”) and its users in connection with access to the Company’s website and use of its related services. “User” refers to any individual or other legally recognized entity that accesses the Company’s website or uses services subject to these Terms.
1.2 Scope of Application
These Terms apply to websites operated by the Company that display or link to these Terms, as well as services actually provided by the Company that are expressly subject to these Terms. The specific features, availability, and conditions of use of each service shall be governed by the applicable service pages and valid agreements. The presentation of features, descriptions of technology, or statements regarding future development plans do not necessarily indicate that the relevant services are currently available.
1.3 Acceptance of Terms
Where a service agreement is required, the Company shall make the applicable terms available for review before obtaining the User’s agreement and shall obtain consent through an appropriate process. Merely browsing publicly available information does not constitute acceptance of undisclosed payment obligations, additional authorizations, or other new responsibilities. Conditions that materially affect User rights shall be appropriately disclosed.
1.4 Relationship to Other Documents
The collection, use, and other processing of personal information are addressed in the Company’s Privacy Policy and any applicable supplemental notices. Where separate agreements apply to specific services, their scope and relationship to these Terms shall be clearly identified. No document may exclude rights granted to Users under applicable law that cannot be waived, nor may unclear references be used to impose additional obligations on Users.
2. User Eligibility and Conditions of Use
2.1 Age and Legal Capacity
Users must meet the minimum age and legal capacity requirements established by applicable law when using specific services. Where additional eligibility requirements apply, the Company shall clearly disclose them before the User accesses the relevant service. Users who do not meet these requirements may not circumvent applicable restrictions by misrepresenting their age, using another person’s identity, or employing other means.
2.2 Geographic Availability and Service Restrictions
Service availability may vary by jurisdiction based on applicable laws and the Company’s actual business arrangements. The Company shall clearly identify applicable geographic restrictions and limit access to certain features as appropriate. The ability to access the website does not mean that the Company is authorized to provide all services in the User’s jurisdiction or that every User is eligible to use those services.
2.3 Acting on Behalf of Others
Users acting on behalf of a business, organization, or another individual must possess valid legal authorization and act within the scope of that authorization. The Company may verify such authority to the extent reasonably necessary. Without proper authorization, Users may not submit applications, make commitments, or access restricted features on behalf of another party.
2.4 Accuracy and Updating of Information
Users shall provide truthful, accurate, and complete information to the extent necessary for the relevant services and promptly update material information that may affect their use of those services. When requesting additional information, the Company shall explain why it is necessary and any consequences of failing to provide it. Where information is incomplete or requires verification, the Company may temporarily delay the affected matter but shall not unreasonably restrict unrelated services.
3. Services and Feature Descriptions
3.1 Actual Scope of Services
The services provided by the Company shall be limited to features that are actually available, their corresponding descriptions, and any valid agreements between the parties. Website descriptions, feature demonstrations, or the submission of a User application do not establish that a particular service is available or that a service relationship has been formed. Services requiring specific qualifications, registrations, or regulatory approvals shall be provided only after the applicable requirements have been satisfied.
3.2 Website Information and Feature Demonstrations
Website content identified as a demonstration, preview, or planned feature is intended to illustrate functionality or potential development directions and does not represent a currently available service. Demonstration accounts, amounts, and operational results are illustrative only and do not represent actual User records or real service outcomes. Such materials should not be relied upon as a basis for assessing future performance.
3.3 Informational Purposes and Professional Judgment
Publicly available website materials are intended to describe the Company’s business activities, technology, or general information. Unless otherwise expressly provided under a valid and legally enforceable agreement, such materials do not constitute investment, legal, or tax advice tailored to a User’s individual circumstances. The Company remains responsible for meeting applicable obligations regarding the accuracy, disclosure, and correction of information it publishes and may not avoid legally imposed responsibilities merely by characterizing such information as being provided for reference purposes.
3.4 Service Modifications and Notifications
The Company may modify its services for maintenance, feature updates, or other reasonable purposes and shall provide appropriate notice based on the nature and impact of the changes. Material changes affecting existing agreements shall be handled in accordance with applicable legal requirements, including any required procedures, the resolution of outstanding matters, and the refund of fees where legally required. Service modifications shall not retroactively impose additional obligations on Users or eliminate rights they have already lawfully acquired.
4. Account Management and Identity Verification
4.1 Account Features and Registration Requirements
Where the Company provides account functionality, it shall explain the purpose of the account, the information required for registration, and the applicable eligibility conditions before registration. Users shall register and manage their accounts in accordance with the published procedures and may not impersonate others or provide false information to circumvent eligibility requirements. Successful account registration does not automatically qualify a User to access every service.
4.2 Credential Security and Authorization of Activities
Users shall take reasonable measures to safeguard their login credentials, avoid disclosing them to unauthorized persons, and promptly take available protective measures upon discovering suspected unauthorized access. Account activity records may be used as evidence when verifying transactions or operations. However, the use of valid credentials alone shall not conclusively establish that an activity was authorized by the User. Responsibility shall be determined based on the relevant circumstances and applicable law.
4.3 Identity Verification and Additional Information
Where identity verification is legally required or reasonably necessary for a particular service, the Company shall explain the purpose of verification, the information required, and the consequences of failing to complete the process. Information requests shall be proportionate to the relevant purpose and shall not include unrelated information. The processing of personal information shall be governed by the Company’s Privacy Policy and any applicable supplemental notices.
4.4 Unusual Account Activity and Account Recovery
Upon detecting unusual account activity or receiving a report of lost credentials or a request for account recovery, the Company shall conduct necessary verification and take appropriate measures based on the circumstances. Temporary restrictions shall be proportionate to the actual need, and the Company shall promptly assess whether they should be removed once the underlying justification no longer exists. Account recovery shall not be conditioned on payments unrelated to identity verification or the handling of the relevant request.
5. Lawful Use and Prohibited Conduct
5.1 Lawful Use Requirements
Users shall use the website and related services in accordance with applicable laws and valid rules that have been clearly disclosed. Users may not use the services to engage in unlawful activities or infringe upon the rights of others. Where the Company introduces additional restrictions, it shall reasonably explain their scope and may not retroactively impose User responsibilities through undisclosed internal rules.
5.2 Fraud and Identity Misrepresentation
Users are prohibited from falsifying documents, impersonating others, accessing accounts without authorization, or making false representations to induce others to disclose information, transfer property, or grant authorization. Users may not impersonate Company representatives or, without authorization, issue service commitments, payment notices, or requests for account credentials in the Company’s name.
5.3 Technical Abuse and Infringement
Users may not access restricted resources without authorization, circumvent access controls, distribute malicious software, or otherwise interfere with the normal operation of the website. Users may not unlawfully obtain or disclose another person’s information or infringe upon intellectual property rights or other legally protected interests. This provision does not restrict activities expressly permitted by applicable law.
5.4 Lawful Use and Security Verification
To prevent malicious registrations, unauthorized access, and other forms of misuse, the Company may require Users to complete security verification where reasonably necessary. Verification methods and information requirements shall be proportionate to the relevant circumstances and shall not involve the collection of unrelated information. Personal information shall be processed in accordance with the Company’s Privacy Policy and applicable notices. This provision does not replace identity verification or other legal obligations that may apply to specific business activities.
5.5 Enforcement Measures and Review
Where the Company has reasonable grounds to believe that a User has violated applicable rules, it may take appropriate measures based on the nature of the conduct, available evidence, and potential impact. Where permitted by law, the Company shall explain the reasons for such measures and identify any available review procedures. Emergency measures shall be reviewed promptly, and unverified suspicions alone shall not serve as a basis for permanent restrictions or the disposition of User property.
6. Fees, Third-Party Services, and External Links
6.1 Advance Disclosure of Fees
Where the Company offers paid services, it shall disclose the applicable charges, amounts or calculation methods, billing cycles, and payment conditions before the User confirms the service. Automatic renewals or other recurring payment arrangements shall be separately and clearly disclosed and authorized in accordance with applicable law. Users shall not incur payment obligations merely by visiting the website or submitting an inquiry without their express agreement.
6.2 Cancellations and Refunds
Cancellation conditions, refund eligibility, and applicable request procedures shall be disclosed before a User agrees to use a paid service. Where the Company fails to provide an agreed-upon service or makes material changes that affect the performance of an agreement, cancellation and refund matters shall be handled according to the circumstances, valid contractual terms, and applicable law. Nothing in these Terms limits a User’s legally protected rights to cancellation, refunds, or other available remedies.
6.3 Third-Party Service Relationships
Where third parties are involved in providing services, the Company shall clearly distinguish between independent service providers and third parties performing work on the Company’s behalf. The nature of independent services, applicable fees, and governing agreements shall be disclosed before Users decide to use such services. The Company may not avoid its legally imposed responsibilities regarding selection, disclosure, or performance merely by identifying a service as being provided by a third party.
6.4 External Links and Brand References
The meaning of external links, third-party names, trademarks, logos, or referenced materials shall be determined by their specific presentation and accompanying explanations. Links provided solely for informational purposes or convenient access do not necessarily imply a partnership, endorsement, or recommendation. Where the Company identifies inaccurate or potentially misleading content, it shall review the matter and take appropriate measures. A User’s use of an external service does not affect the User’s right to pursue claims against the Company for the Company’s own actions where permitted by law.
7. Software Operations and Technical Responsibilities
7.1 Technical Systems and Operational Uncertainty
The website and related software features may be affected by network latency, server maintenance, technical defects, or disruptions involving external services. Such circumstances may result in interrupted access, display errors, or delays in updating information. The Company shall take reasonable measures to investigate, maintain, and restore affected systems as appropriate but does not guarantee that all features will remain continuously available or completely error-free at all times.
7.2 Technical Demonstrations and Information Displays
Interfaces, data, charts, and historical materials expressly identified as technical demonstrations or examples are intended solely to illustrate software functionality and methods of presenting information. They do not represent actual business records or real processing results. Users shall not interpret illustrative materials as Company commitments regarding functionality or specific outcomes. Actual business data shall not be treated as demonstration content merely because this provision exists.
7.3 Feature Usage and Maintenance Procedures
Users shall operate software features in accordance with applicable instructions and requirements and may not interfere with the operating environment or circumvent access restrictions without authorization. Where scheduled maintenance may affect normal use, the Company shall provide advance notice to the extent reasonably practicable. In the event of an emergency malfunction, the Company may take necessary measures immediately and provide appropriate updates based on the circumstances and impact.
7.4 Technical Liability and Reservation of Rights
Responsibility for software-related issues shall be determined based on the cause of the malfunction, the conduct of the parties, valid agreements, and applicable law. The Company shall not be relieved of legally imposed responsibilities solely because of technical complexity, disruptions involving external services, or a User’s use of the software. Nothing in this provision excludes any legally available rights or remedies, including repair, refunds, compensation, or other applicable relief.
8. Intellectual Property and User-Submitted Content
8.1 Rights to Website Content
Rights in the website’s text, designs, images, logos, and other materials belong to the Company or their respective rights holders, as applicable. The Company asserts rights only to the extent that it owns or has been authorized to use the relevant materials. The appearance of third-party works, trademarks, or information on the website does not transfer ownership of those materials to the Company.
8.2 Permitted Use of Materials
Users may view, download, and reference website materials to the extent expressly permitted by the website or applicable law. Reproduction, distribution, modification, or commercial use beyond the permitted scope requires appropriate authorization. Nothing in these Terms excludes fair use, statutory licenses, or other exceptions recognized under applicable law.
8.3 User-Submitted Content
Users retain all rights they lawfully hold in content they submit. The Company may use such content only to the extent and for the period necessary to process User requests or provide the relevant services. Any additional use must have an appropriate legal or contractual basis. Submission of materials does not constitute an unconditional transfer of all rights to the Company, nor does it automatically authorize the Company to publish the materials publicly or use them for promotional purposes.
8.4 Handling Infringement and Inappropriate Content
Upon receiving a specific allegation of infringement or inappropriate content, the Company shall review the matter based on the relevant information, applicable law, and the extent of its actual control. Any restriction, removal, or other action shall be proportionate to the nature of the issue. Where required or permitted by law, the Company shall provide appropriate explanations and opportunities to raise objections. Responsibility shall not be assigned entirely to any party without an adequate factual or legal basis.
9. Service Restrictions, Suspension, and Termination
9.1 Grounds for Restrictions or Suspension
The Company may restrict or suspend affected services to the extent reasonably necessary for maintenance, genuine security concerns, material violations, or legal requirements. Such measures shall have a specific basis and be proportionate to the nature of the issue, its impact, and the necessary duration. The Company may not impose indefinite restrictions on Users solely at its own discretion without adequate justification.
9.2 Notice and Review Procedures
Before taking measures that materially affect User rights or interests, the Company shall provide notice where legally permitted and reasonably practicable, explaining the principal reasons, anticipated effects, and applicable procedures. Where immediate action is necessary, the Company may first implement appropriate measures and provide a subsequent explanation within a reasonable time. Upon receiving a User’s objection, the Company shall conduct a reasonable review and promptly modify or remove restrictions when their underlying justification no longer exists.
9.3 Voluntary Termination by Users
Users may stop accessing the website at any time and may request termination of specific services or closure of their accounts through the applicable procedures. Where outstanding matters, lawful payment obligations, or statutory record-retention requirements exist, the Company shall explain how such matters will be handled. Termination conditions must be directly related to the relevant circumstances and may not require unrelated purchases, additional authorizations, or unjustified fees.
9.4 Post-Termination Matters
Termination of services does not affect lawful rights or obligations that arose before termination. The Company shall handle outstanding matters, refundable fees, and any User property that must legally be returned in accordance with valid agreements and applicable law. Restrictions, suspension, or termination shall not automatically justify the forfeiture of User property. The continued retention or deletion of personal information shall be governed by the Company’s Privacy Policy and applicable law.
10. Changes to These Terms, Applicable Rules, and Dispute Resolution
10.1 Amendments and Effective Dates
The Company may revise these Terms in response to changes in its actual services, business arrangements, or applicable laws and shall identify the actual date of the latest update and its effective date. Material changes involving fees, service scope, liability, or dispute resolution shall be appropriately highlighted, and the Company shall comply with any applicable requirements for advance notice or renewed consent. Amendments shall not retroactively impose additional obligations on previously completed activities, nor shall continued browsing of the website automatically constitute acceptance of all changes.
10.2 Applicable Law and Contractual Rules
These Terms shall be interpreted and performed in accordance with the specific service relationship and applicable law. Where a particular service requires an express choice of governing law or jurisdiction, such arrangements shall be clearly stated in the relevant agreement and must satisfy applicable legal requirements for enforceability. No choice-of-law provision or contractual arrangement may exclude mandatory consumer protections or other legal requirements that cannot be waived or reduced by agreement.
10.3 Dispute Resolution and Available Remedies
Where a dispute arises concerning services, fees, or responsibility, the parties may review the relevant agreements, activity records, and other valid evidence and attempt to resolve the matter through mutual discussion. Negotiation shall not be a prerequisite to a User’s pursuit of legally available remedies, nor shall it automatically suspend any applicable statutory deadline or limitations period. Nothing in these Terms limits a User’s right to file complaints, submit appeals, or seek relief from an authority or tribunal with appropriate jurisdiction. Neither party may unilaterally issue a final and binding determination of a dispute.
10.4 Severability and Reservation of Rights
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in effect to the extent permitted by law. A party’s failure to exercise a right immediately shall not automatically constitute a permanent waiver of that right. Any ambiguity in these Terms shall be resolved in accordance with applicable law and established principles of contract interpretation. The Company shall not have the unilateral or final authority to determine the meaning of these Terms or the extent of User rights. Nothing in these Terms limits any liability or remedy that cannot legally be excluded.
11. Contact Us
11.1 Company Information
The Company responsible for these Terms of Service may be contacted using the following information:
Company Name: Smart Digital Assetd Inc.
Company Address: 45 Broadway, New York, NY 10006, USA
Email: [email protected]
11.2 Inquiries and Requests
If you have questions regarding these Terms of Service, conditions of use, fees, account management, or service termination, or wish to submit a complaint, objection, or request for review, you may contact the Company at the email address provided above. Please include a description of the relevant matter and the specific action or resolution requested.
11.3 Submission of Information and Identity Verification
To facilitate review of your request, please provide only the information and records reasonably necessary to address the matter. Do not send account passwords, verification codes, or other unrelated sensitive information. Where a request concerns account permissions or personal information, the Company may verify the requester’s identity and authorization to the extent necessary. Any related personal information shall be processed in accordance with the Company’s Privacy Policy.
11.4 Responses and Reservation of Rights
The Company shall process requests based on their nature and applicable law and respond within any legally required timeframes. Where additional information or an extension of the processing period is necessary, the Company shall explain the relevant reasons. Submitting a request through the contact channels provided above does not affect your right to file a complaint with an appropriate regulatory authority or pursue other remedies available under applicable law.