Effective Date: 12.04.2022
Contact Email: support@blackfort.exchange
General Conditions
These Terms of Service govern your access and use of the services available via the BlackFort website, its domains, subdomains, and apps. By accepting these Terms, you confirm that you fully agree to all the terms and conditions set out herein. If you do not agree, you may not use the services.
The BlackFort Privacy Policy is part of these Terms and regulates the processing of personal data on the platform. You can find the Privacy Policy on the website, and you accept its terms when you accept these Terms of Service.
Definitions
"BlackFort", "the Company", "us", "we", or "our": Refers to Blackfort Technologies LLC, a limited liability company incorporated under the laws of Georgia, with identification number 400373118 and registered address at Georgia, Tbilisi, Gldani District, Omar Khizanishvili Street, N 264 (Free Industrial Zone of Tbilisi Technology Park). Email: support@blackfort.exchange.
"You", "your", or "User": A person using the website and/or services provided by BlackFort.
"Party": Each of You and BlackFort. "Parties" means You and BlackFort collectively.
"Services": The services provided by BlackFort, consisting of a digital platform that allows you to discover and purchase Node NFTs available on the blockchain, start minting, and explore the BlackFort platform and its blockchain.
"Node NFTs": Nodes or NFTs that represent varying amounts of BXN locked to form a "Node." A node produces the network's new BXN and allocates a share of future fees to holders of the NFTs based on their weight as a ratio of the network's total new BXN-producing capacity. Delegation of Node NFTs is optional.
"Website": The website accessible at https://blackfort.com, including its subdomains, programming code, related technologies, know-how, databases, design, and content.
"Account": The account created for You upon registration on the website.
"Wallet": The BlackFort multi-network client-side cryptocurrency wallet or any third-party non-custodial wallet. BlackFort does not administer client funds in any form or store them on its platform. Clients have sole access to their funds, and responsibility for the funds rests with the client.
"Affiliate": A user who engages in marketing activities to advertise BlackFort services to third parties in exchange for a bonus from the referral program or any other commission.
"Virtual Currency": A value represented in digital form, which is digitally transferable, preservable, or tradable and accepted by natural or legal persons as a payment instrument but is not the legal tender of any country.
"BXN" or "Token": The token used as the reward system on the BlackFort Blockchain. BXN is used within our services and for the payment of fees at a discount rate.
"Content": Text, design, data, video content, or other intellectual property, content, or information made available to You by BlackFort.
"Terms": These Terms of Service, as amended from time to time.
"PEP": Refers to a politically exposed person as defined by the existing legislation of Georgia on the prevention of money laundering and the financing of terrorism. This includes natural persons who currently hold or have been entrusted with prominent public functions, their family members, and close associates.
Accessing the Services and Opening an Account
Account Registration
To use the services, you must open an Account with BlackFort.
Any use of the services must be carried out by You exclusively through the Account opened for You.
You must be at least 18 years of age to register for an Account or use any of the services. Users identified to be under 18 will be blocked, and their nodes will be blacklisted without a refund.
Account Limitations
Each user is eligible to have only one active Account.
Having more than one active account may lead to a warning, immediate account suspension, retraction of bonuses and earnings until accounts are merged, and full identification via BlackFort's KYC procedures.
Refusal to comply with such requests may result in forfeiture of the account and future participation in BlackFort's system.
Security Responsibilities
You are responsible for maintaining adequate security and control of any login IDs, passwords, keys, personal identification numbers (PINs), mnemonic phrases, and any other codes or devices intended to access the Account and/or use the services.
BlackFort may impose additional security measures, such as two-factor authentication.
Account Information
All information you provide to BlackFort must be accurate, current, complete, and not misleading.
BlackFort may request updates or supplementary information, and failure to comply may result in account closure or restricted access.
KYC/AML Compliance
BlackFort reserves the right to request compliance with our AML/KYC policy at any time and at its full discretion.
For Affiliates, it is compulsory to undergo KYC/AML procedures as per our AML/KYC policy.
Wallet Usage
By using a Wallet in connection with the services, you agree to the terms and conditions of the applicable wallet provider.
Wallets are not operated by, maintained by, or affiliated with BlackFort. BlackFort does not have custody or control over the contents of your Wallet and has no ability to retrieve or transfer its contents.
BlackFort accepts no responsibility for, or liability to you, in connection with your use of a Wallet.
Exchange Services
Any exchange services available on the website or any other platform are third-party services.
BlackFort does not provide the services associated with the exchange.
We do not loan, hypothecate, pledge, or otherwise encumber any Virtual Currency sent by You.
Swap Services
Swap services available on the website or any other platform are provided by third-party providers (such as Changelly exchange).
BlackFort provides third-party swap services integrated into its platform via APIs.
BlackFort is not responsible for any technical issues related to this service.
BlackFort is not liable for any loss or damage resulting from the provision of services by third-party providers.
Airdrop Program
Airdrops involve distributing free tokens or cryptocurrencies to a group of users to increase awareness and adoption.
Participation in any Airdrop program is subject to its specific terms and conditions, which will be communicated through official channels.
BlackFort may deliver Airdrops, but they are developed by network creators or developers, not by BlackFort.
Referral Program
BlackFort offers a referral program enabling you to refer new users.
Bonuses can be earned when an existing user shares a unique referral link to potential new users.
Participation is subject to the Terms of Use of the Referral Program.
Affiliates operate as independent sole proprietors in a business-to-business (B2B) relationship with the Company.
Affiliates are solely responsible for any misrepresentations made to clients or users.
Restrictions and Obligations
You agree that you will NOT:
Misrepresentation and Fraud
Impersonate or misrepresent your affiliation with any person or entity.
Commit fraud.
Intellectual Property Violations
Reproduce, modify, adapt, create derivative works, perform, display, publish, distribute, transmit, broadcast, sell, or license any content from the website or mobile application.
Unauthorized Use
Use the website or services for commercial purposes without authorization.
Circumvent or interfere with security features.
Interfere with or disrupt any web pages, servers, or networks.
Security Breaches
Attempt to probe, scan, or test the vulnerability of any system.
Breach or circumvent security or authentication measures.
Reverse Engineering
Attempt to decipher, decompile, disassemble, or reverse-engineer any software used to provide the website or services.
Automated Access
Attempt to scrape, parse, access, search, or meta-search the website with unauthorized tools.
False Information
Send altered, deceptive, or false source-identifying information.
Prohibited Conduct
Encourage or instruct others to violate these Terms.
Have more than one active account.
Bug Reporting
If you find any bugs on the website or application, you will immediately report them to support@blackfort.exchange.
Assignment
You will not assign these Terms or any rights or delegate any obligations without our prior written consent.
Withdrawal and Refund Policy
BlackFort provides services and is not responsible for the withdrawal of traded Node NFTs.
Upon purchasing Node NFTs, you waive your 14-day right of withdrawal in accordance with applicable laws.
After purchasing Virtual Currency, Tokens, or NFTs, refunds are not possible.
BlackFort is not liable for any underpayment or overpayment. Underpayments will not complete the transaction, and overpayments will be refunded within 14 days, subject to a minimum 10% administrative fee.
Geographical Restrictions
BlackFort does not provide services to citizens or residents of the following countries/states:
Afghanistan
Algeria
American Samoa
Bangladesh
Bosnia and Herzegovina
Belarus (Sanctioned / Temporary suspension / Sanctioned entities natural or legal)
Cambodia
Congo
Congo, Democratic Republic
Cuba
Eritrea
Iran, Islamic Republic of
Iraq
Jordan
Lao People's Democratic Republic
Lebanon
Libya
Nepal
North Korea (DPRK)
Pakistan
Qatar
Russia (Sanctioned / Temporary suspension / Sanctioned entities natural or legal)
Somalia
Sudan
Syrian Arab Republic
Vanuatu
Yemen
Zambia
United States and its Dependencies
Intellectual Property
All copyrights and other intellectual property rights in the services or displayed on the website are owned by or licensed to BlackFort.
Subject to compliance with these Terms, BlackFort grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to access and use the website and services for personal use.
This license terminates automatically upon closing your Account.
Any other use requires prior written consent from BlackFort.
Liability and Warranty
User Liability
You are liable for any damages arising from your activities.
You are solely responsible for any activity under your Account, whether authorized by you or not.
BlackFort's Liability
BlackFort is not responsible for transactions once Virtual Currencies or Tokens are no longer on the Exchange.
BlackFort is not liable for any losses incurred from the fluctuation of Virtual Currency prices upon Account closure.
BlackFort is liable only for direct monetary damages caused intentionally or due to gross negligence.
BlackFort assumes no liability for damages caused by third parties or circumstances outside its control, including volatility of Virtual Currencies.
Service Disclaimer
Services are provided on an "as is" and "as available" basis without any express or implied warranty.
BlackFort does not guarantee uninterrupted, timely, or error-free access to the website or services.
Force Majeure
BlackFort will not be liable for non-performance due to circumstances beyond its control.
Risk Factors
You acknowledge and accept the following risks:
Market Volatility
The value of NFTs and Virtual Currencies is highly subjective and volatile.
Prices can fluctuate significantly, and you may lose money.
Transaction Fees
You are responsible for any fees related to blockchain transactions, even if a transaction fails.
Regulatory Uncertainty
The regulatory environment for blockchain technologies is uncertain and may adversely affect services and NFTs.
Third-Party Platforms
The service relies on third-party platforms and vendors, which may impact access and functionality.
Security Risks
BlackFort is not responsible for any loss due to user error, unauthorized access, server failure, or third-party activities.
Market Conditions
Under certain market conditions, you may find it difficult to liquidate a position or suffer losses due to order execution at unfavorable prices.
Irreversible Transactions
Virtual Currency transactions may be irreversible, and mistakes can lead to permanent loss.
No Warranty
BlackFort makes no warranties regarding NFTs or Tokens and you purchase them at your own risk.
Limitation of Liability
BlackFort is not liable for direct or consequential damages arising from the use of the website or services.
No Investment Advice
Participation in NFT purchases is not for investment or financial purposes.
Dispute Release
You release BlackFort from claims arising from disputes with other users.
Termination of the Agreement and Account Closure
Your Right to Terminate
You may terminate these Terms at any time by ceasing to use the services and closing your Account.
BlackFort's Right to Terminate
BlackFort may terminate these Terms if:
You violate any provision.
You become a PEP.
Required by a competent authority or applicable law.
On any other grounds deemed appropriate by BlackFort.
Effect of Termination
Upon termination, you retain ownership of your NFTs but may need to access them through other platforms.
Modifications
BlackFort may revise these Terms from time to time.
Changes will be published on the website, and a notice will be sent to your registered email.
The effective date at the top of the Terms indicates the latest version.
If you do not agree to updated Terms, you must stop using the website and services.
Taxes
You are solely responsible for determining any tax obligations arising from transactions.
Fees collected by BlackFort do not include any taxes.
Applicable Law and Jurisdiction
These Terms are governed by the laws of Georgia.
Any disputes shall be settled through negotiations or by the courts of Georgia as per Georgian laws.
Miscellaneous
Severability
If any provision is held unlawful or unenforceable, it will be severed, and the remaining terms will remain in effect.
Language
These Terms are provided in English. In case of inconsistency, the English version prevails.
Contact Information
For questions or feedback, contact us at support@blackfort.exchange.
Thank you for choosing BlackFort. We value your trust and are committed to providing you with secure and reliable services.