Terms of Use

Updated as of 03 December 2024

These Terms of Use (“Terms”) apply to your access to, and use of, the websites of Astari ltd., PO Box 4301, Trinity Chambers, Road Town, Tortola, VG1110, British Virgin Islands and its affiliated and subsidiary companies and legal arrangements (“we”, “us” or “Company”), including www.bitfinity.network (each a "Website" and together the “Websites”) but excluding the website and user interface for the Bitgems programme which has separate terms and conditions and excluding the website for the Bitfinity Wallet which also has separate terms and conditions.

These Terms do not alter the terms or conditions of any other agreement you may have with Astari or any other company or legal arrangement referenced above for products, services, or otherwise (collectively, “Agreement”). To the extent there is a conflict between the terms of any Agreement and these Terms, the terms of the Agreement shall prevail.

In publishing and contracting on these Terms, Astari is acting for and on behalf of itself and its subsidiaries and affiliates. In this capacity reserves the right to change or modify these Terms at any time deliberately and without prior specific notice to you. Astari immediately informs you at the top of these Terms when such changes or alterations are made. Your continued use of any of the Websites will be understood as your acceptance of such changed or altered Terms.

Astari maintains the right to change, suspend, or terminate the Websites or any portion of the Websites or Services, as well as to restrict or prevent your future access to and use of the Websites, without prior notice to you and at its sole discretion.

1. Bitfinity protocol and ecosystem

Bitfinity is the name given to an Ethereum Virtual Machine, that delivers a turn-key solution for developers to operate their apps on an Ethereum-compatible, high-throughput, scalable and future-safe platform, with low transaction costs.

The term "Ethereum Virtual Machine" refers to Bitfinity's ability to run smart contracts and determine the network's status upon adding a new block to the chain. Bitfinity operates on the Internet Computer network.

Bitfinity provides opportunities for users to use decentralized applications (hereafter referred to as “dApps”) and for developers to onboard their dApps and use the perks of Bitfinity protocol and the Internet Computer network (each an "Opportunity" and together the "Opportunities").

By availing of one or more of these Opportunities, you acknowledge and agree that you are bound by these Terms.

2. Ecosystem dApps

There are multiple dApps that have launched on Bitfinity, and these change from day to day. In this regard you can see additional details here https://bitfinity.network/ecosystem.

Please note that you acknowledge and accept that the Company does not endorse or guarantee the performance of any of such dApps and will not be held liable for any actions or omissions of the dApps that have launched on Bitfinity and that provide services, in this regard see more in section 18. Limitation of Liability.

3. Bitfinity Tokens and Bitfinity DAO

Astari has approved the creation of the official project governance token called BITFINITY (the “Tokens” and each a "Token"), more information is available at: https://bitfinity.network/tokenomics. The Bitfinity community comprises such Bitfinity Token holders (the "BitfinityDAO") who it is expected will make be able to proposals for the development of the Bitfinity Ecosystem including its governance. The BitfinityDAO may elect a "council" (the "Council") made up of a sub-set of Token holders. These Terms will be updated as the BitfinityDAO governance is developed.

4. Tokens

Astari approved the creation of the official project governance token called BITFINITY (the “Tokens”), more information is available at: https://bitfinity.network/tokenomics.

When you purchase or otherwise receive, the Tokens, you may only do so by accepting the following conditions, and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring the Tokens:

  • the tokens are "utility" tokens;
  • you are not acquiring the Tokens as an investment;
  • neither the Company nor any of the Company's subsidiaries or affiliates has provided you with any advice regarding whether the Tokens are a suitable or appropriate purchase for you;
  • you have sufficient understanding of the functionality, usage, storage, transmission mechanisms, and intricacies associated with cryptographic tokens as well as blockchain-based software systems generally;
  • you are legally permitted to receive and hold and make use of Tokens in your and any other relevant jurisdiction;
  • if it is not permissible for Astari or any of its subsidiaries or affiliates to offer or make available the Tokens to you in your jurisdiction, or for your to purchase the Tokens, you will not acquire the Tokens;
  • you take sole responsibility for any restrictions and risks associated with receiving and holding the Tokens;
  • by acquiring the Tokens, you are not acquiring a regulated investment, financial instrument, financial product or commodity, as this term may be interpreted by the regulator in your or any other jurisdiction nor are you transacting with a regulated broker or exchange. You recognise and acknowledge that as a result, you enjoy no regulatory protections or insurance or regulatory redress;
  • to the extent permitted by law and provided we act in good faith, the Company makes no warranty whatsoever, either expressed or implied, regarding the future success of the Tokens and/or the Internet Computer/Astari Protocols, where the Tokens are operated;
  • you accept that you bear sole responsibility for determining if (i) the acquisition, allocation, use, or ownership of the Tokens (ii) the potential appreciation or depreciation in the value of the Tokens over time if any, (iii) the sale and purchase of the Tokens; and/or (iv) any other action or transaction has tax implications (and for making all appropriate filings and payments of tax in this regard);

5. Grants

Astari provides a Grant Program which will support growing users' projects in the Bitfinity Ecosystem. Under the Grant Program, the project will receive funding (expressed in Tokens), and support (consulting, acceleration, and cross-connection with other ecosystem projects).

The Grant Program is conducted by Astari Ltd. To get to know more about the Grant Program, visit https://bitfinity.network/grants.

All grants made under the Grant Program are governed by the terms and conditions of the Grant Program.

6. Forum

The Forum is a platform created by Astari for users to participate in and drive discussions across the Bitfinity Ecosystem.

Astari gives you permission to use the Forum subject to these Terms. You must agree to these terms to use the Forum. These Terms apply to your usage of the Forum to the fullest extent.

To get to know more information about Astari from the Forum, visit https://discord.com/invite/bitfinity

7. Risk

You acknowledge and agree that the blockchain technology and the associated assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology, forks and security risks.

You understand that the blockchain technology and the associated assets involve a high degree of risk and there is always the possibility of loss, including the loss of all your digital assets. You acknowledge and agree these risks and represent that neither Astari nor any of its subsidiaries or affiliates may be held liable for changes and fluctuations in value or increased costs.

Neither Astari nor any of its subsidiaries or affiliated companies invites or makes any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. Third parties may provide services involving the acquisition, purchase, sale, transfer, custody or exchange of crypto-assets, however neither Astari nor any of its subsidiaries or affiliated companies provides any such services, and none is an arranger, broker or introducer in respect of any such third party service and none assumes or undertakes any liability in connection thereto. In particular, it does not provide any regulated service in any jurisdiction. You acknowledge and agree this and represent that neither Astari nor any of its subsidiaries or affiliated companies may be held liable for changes and fluctuations in value or increased costs.

There are risks associated with using a digital or virtual asset currency (and every digital and virtual asset), including, but not limited to, the risk of hardware, software and internet connection failure or problems, the risk of a fork, the risk of malicious software introduction or illicit actor interventions, and the risk that third parties (such as law enforcement) may obtain authorized (in the case of law enforcement) or unauthorized access (in the case of illicit actors) to information stored within your wallet.

You understand and recognize that neither Astari nor any of its subsidiaries or affiliated companies may be held liable for any communication failures, disruptions, mistakes, distortions, or delays you may encounter when using the Websites, Governance, or any other sidechain or similar device, regardless of the reason.

8. Entitlement

By entering and using any of the Websites, you represent and warrant that you have not previously been suspended or blocked from the Website.

You further represent and warrant that you will not use the Website if the laws of your jurisdiction prohibit you from doing so in accordance with these Terms. You also represent and warrant that you are at least 18 years old and possess the legal capacity to access the Website.

You further represent and warrant that you will not use a VPN or other functionality to mask, remove or falsify your location.

9. Privacy

Before interacting with the relevant Website and the associated elements, please get to know our Privacy Policy to understand how Astari and its subsidiaries and affiliated companies collect, use and disclose data belonging to and about their users, and that of third parties.

10. Intellectual Property and License

Unless otherwise indicated on the Websites, the Websites and all content and other materials on the Websites, including, without limitation, the Bitfinity logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Bitfinity Materials”) are the proprietary property of Astari or its licensors or users. They are protected by international intellectual property regulations.

You are granted a limited, non-sublicensable license to access and use the Websites and Bitfinity Materials subject to these Terms.

Except as expressly permitted on the Websites, in these Terms or otherwise in writing by Astari, such license does not include:

(a) any resale or commercial use of the Websites or the Bitfinity Materials;

(b) the distribution, public performance or public display of any Bitfinity Materials;

(c) modifying or otherwise making any derivative uses of the Websites and the Bitfinity Materials, or any portion thereof;

(d) use of any data mining, robots or similar data gathering or extraction methods;

(e) downloading (other than the page caching) of any portion of the Websites, the Bitfinity Materials or any information contained therein; or

(f) any use of the Websites or the Bitfinity Materials other than for its intended purpose.

Any use of the Websites or the Bitfinity Materials other than as specifically authorized herein, without the prior written permission of Astari, is prohibited and will terminate the license granted herein.

Unauthorized usage may also be in violation of applicable laws, such as copyright and trademark laws, as well as communications rules and laws. Nothing in these Terms, whether by estoppel, implication or otherwise, shall be considered as giving any license to intellectual property rights unless expressly stated herein.

11. Trademarks

“Astari,” “Bitfinity”, the Bitfinity logos and any other Astari product or service name, logo or slogans contained in the Websites are trademarks or service marks of Astari (the “Astari Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Websites or with the prior written permission of Astari.

Without our prior written permission, you may not use any metatags or any other “hidden text” utilizing any Astari Marks. In addition, the visual representation of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of Astari and is part of the Astari Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Websites.

All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Without the express consent of the appropriate trademark proprietor, they may not be reproduced, imitated, or used in whole or in part. Any reference to a product, service, process, or other piece of information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not imply our approval, sponsorship, or recommendation.

12. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Websites as long as the link does not portray Astari or any of its subsidiaries or affiliated companies or any of our Websites in a false, misleading, or otherwise defamatory manner, and the linking site does not contain any adult or illegal material, or any material that is offensive, harassing, or otherwise objectionable.

This limited right may be revoked at any time. Without Astari’s prior written permission, you may not use any Astari Marks or other proprietary image to link to the Website. Furthermore, without Astari's express written consent, you may not use, frame, or employ framing techniques to enclose any Astari trademark, logo, or other proprietary information, including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a page of the Websites.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or another proprietary right of Astari or any of its subsidiaries or affiliated companies or any Third-Party.

13. User Content

You or other users may produce, post, email, or store advertising, messages, materials, data, information, text, music, sound, photographs, video, graphics, apps, code, links, or other items or content on the Website through interactive areas ("Interactive Areas") (“User Content”). By using the Websites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Websites any of the following:

Unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable User Content; Content that encourages betting or gambling; User Content that would constitute, encourage or provide instructions for a crime, violate the rights of any party or that would otherwise create liability or violate any local, municipal or international law; User Content that may infringe on others' publicity, privacy, or data protection rights, such as photos or information about another person for which you have not secured the authorization of that person; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Viruses, corrupted data or other harmful, disruptive or destructive files; or User Content that, in Astari's sole discretion, is objectionable, restricts or inhibits any other person from using or enjoying the Interactive Areas or the Websites, or may expose Astari to any sort of liability. Astari has no control over, assumes no responsibility for, or assumes no liability for any User Content posted, stored, or uploaded by you or any Third-Party, or for any loss or damage to it, nor is Astari liable for any user conduct or any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. When you participate in Interactive Areas, you acknowledge that some of the information and content you upload may be visible to the general public or to selected users. You are completely responsible for how you use the Websites and Interactive Areas, and you do so at your own risk.

If you become aware of User Content that you believe violates these Terms, you may report it by emailing at support@astari.one. Enforcement of the Terms, however, is solely at our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any Third-Party or any reasonable expectation or promise that the Website will not contain any content prohibited by the Terms. Although Astari has no obligation to screen, edit or monitor any of the User Content posted on the Websites, Astari reserves the right and has absolute discretion to remove, screen, or edit any User Content posted or stored on the Website at any time and for any reason without notice.

At your own responsibility and expense, you are entirely responsible for making backup copies and replacing any User Content you post or keep on the Websites. Any use of the Websites in violation of these Terms may result in your rights to access the Interactive Areas and the Website being terminated or suspended, among other things.

Astari claims no ownership or control over any User Content unless expressly stated below, on the Website, or in a separate agreement (such as the terms of an Astari contest). If you submit User Content to the Websites, you give Astari a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content on our and third-party websites. When you remove your User Content, this license will expire, save for any off Websites uses that have already occurred and any cached or archived uses that may still exist after User Content has been removed.

You release Astari and its agents and employees from any claims that such use infringes any of your rights, as mentioned above. You accept that you will not be entitled to any further remuneration for any use of your User Content.

By posting User Content to the Websites, you represent and warrant that:

(a) such User Content is non-confidential;

(b) you own and control all of the rights to the User Content, or you otherwise have the right to post and use such User Content and to grant the rights to Astari that you grant in these Terms;

(c) the User Content is accurate and not misleading or harmful in any manner; and

(d) the User Content, and your use and posting thereof in connection with this Website, does not, and will not, violate these Terms or any applicable law, rule, or regulation.

14. Feedback

You acknowledge and agree that any materials you send to Astari or any of its subsidiaries or affiliated companies or the Websites, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information (collectively, "Feedback"), are non-confidential and will become Astari's sole property.

Astari shall hold the exclusive rights to the Feedback, including all intellectual property rights, and will be free to use and distribute it for any purpose, commercial or otherwise, without acknowledgment or remuneration to you.

15. Third-Party Content

Astari and its users may provide third-party content on the Websites and may provide links to web pages and content that are not owned or controlled by Astari, including but not limited to any third-party advertisements or promotions (collectively the “Third-Party Content”) as a service to those interested in this information.

Astari has no control over, endorses, or adopts any Third-Party Content, and makes no representations or warranties of any kind about it, including, without limitation, its accuracy or completeness.

You acknowledge and agree that neither Astari nor any of its subsidiaries or affiliated companies is responsible or liable in any manner for any Third-Party Content and each undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

Any business transactions or communication you have with third parties, as well as any terms, conditions, warranties, or representations connected with such deals or promotions, are solely between you and such third parties. Such transactions can somehow be prioritized by third parties.

Neither Astari nor any of its subsidiaries or affiliated companies is liable for any loss or damage of any kind caused as a consequence of any such transactions or promotions, or the inclusion of such Third-Party Content on the Website.

16. Indemnification

You agree to defend, indemnify and hold harmless Astari, its subsidiaries and affiliated companies, their independent contractors, service providers and consultants, and their respective directors, employees, and agents from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any and each of the following:

(a) your use of the Website;

(b) any User Content or Feedback you provide;

(c) your violation of these Terms;

(d) your violation of any rights of another; and

(e) your conduct in connection with the Website.

Because consumer indemnities are limited in some countries, some or all of the indemnity rules above may not apply to you.

If you are obligated to indemnify us, we shall have the right to control any action or process and decide whether or not we want to settle it and, if so, on what terms.

17. Warranties

Neither Astari nor any of its subsidiaries or affiliated companies provides any guarantee for the performance or the uninterrupted availability of the Site or the Bitfinity materials. The Site and Bitfinity Materials are provided on an “As is” and “As Available” basis without warranties of any kind, whether express or implied. As to the site and the information, content, and material contained within, Astari and its subsidiaries and affiliated companies each disclaims all warranties, explicit or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Astari and its subsidiaries and affiliated companies each makes no representations or warranties about the accuracy, completeness, reliability, safety, or error-free nature of Bitfinity Materials or the site.

While Astari and its subsidiaries and affiliated companies each makes every effort to ensure that your access to and use of the Site is safe, none can and does not guarantee that the Site or its servers are virus-free. As a result, to identify and remove viruses from any download, you need to utilize industry-recognized software.

Astari and its subsidiaries and affiliated companies each maintains the right to make changes to the relevant Website’s content at any time and without prior notice. Any mention of a product, service, process, or other information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not indicate Astari's or its subsidiaries' or affiliated companies' endorsement, sponsorship, recommendation, or any association with it.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

18. Limitation of Liability

None of Astari or its subsidiaries or affiliated companies will be liable for any damages resulting from the use of or inability to use the services, including but not limited to reliance by a user on any information obtained from the services, or from mistakes, omissions, interruptions, deletion of files, or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or any other cause. You understand and agree that this paragraph applies to all material, goods, and services made available through the services.

Neither Astari nor any of its subsidiaries or affiliated companies will be liable for any indirect, incidental, special, or consequential damages resulting from the use of the services or the purchase of any real or virtual product from that location, even if any of them has been informed of the possibility of such damages.

Implied warranties and the exclusion or restriction of certain damages are not limited by jurisdiction's or certain state or federal laws. If these laws apply to a user, some or all of the disclaimers, exclusions, or restrictions listed above may not apply, and the user may have additional rights.

Non-Liability of Council Members. To the extent the Council Members are acting in their capacity as such, then they will not have any obligation or legal or other liability whatsoever to you or any Third-Party in connection with these Terms, including without limitation, with respect to the Council Member's approval or non-approval of any matter, exercise or non-exercise of any right or taking off or failing to take any other action in connection therewith.

19. Amendments to the Website

Astari maintains the right to alter or discontinue the Website or any features or sections thereof, temporarily or permanently, without notice. You acknowledge that Astari will not be responsible if the Website or any part of it is modified, suspended, or discontinued.

20. Applicable Law

The laws of the British Virgin Islands shall govern and construe these Terms and your use of the Website.

You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the British Virgin Islands courts, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms at this time.

21. Severability

These Terms are meant to be severable in essence. If any provision of these Terms is found to be invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction to the extent of such invalidity or unenforceability, without affecting the validity or enforceability of the remaining provisions of these Terms in that jurisdiction.