Terms of Service

Welcome to Colon, operated by Dodo Web3 LLP ("Company", "we", "us", or "our"). These Terms of Service ( "Terms") govern your access to and use of our services, including our website at www.getcolon.com ("Site") and our mobile application "Colon" ("App") (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Before engaging with our Services and the App, please read these Terms carefully and in full. By creating an Account and using our Services and the App, you agree to be bound by these Terms and other applicable agreements between you and us. If you disagree with these Terms in full or in part, you must discontinue your use of the Services and the App and close your Account in accordance with the procedure outlined in these Terms.

You further acknowledge and agree that we may reaffirm your acceptance of these Terms from time to time as a condition for your continued use of our Services and the App. Any actions initiated by you after the updated Terms come into effect will be subject to the amended provisions.

Company Information:

• Legal Name: Dodo Web3 LLP
• Registration Number: ABB-7578
• Registered Office: Ward No. 15, Rajouri, Jammu and Kashmir, India, 185131

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our Site and updating the "Effective Date." Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

3.1 Eligibility Criteria

To use and engage with our Services, you must affirm that:

1. Age Requirement: You are at least 18 years old or have reached the age of majority in your country of residence, making you legally capable of entering into agreements.
2. Residency Requirement: You are a resident of India.
3. KYC Verification: You have completed the Know Your Customer ("KYC") verification process through our partner, KYCAID, to access certain features of the Services.
4. No Restrictions: You have never been suspended or subjected to any form of restriction from using our Services.
5. Legal Compliance: Entering into a binding agreement with us does not conflict with or violate any other contractual obligations you are bound by.
6. Jurisdictional Compliance: You are not situated or residing in any restricted locations or jurisdictions, including those subject to economic restriction measures imposed by the European Union (EU), India, or international sanctions imposed by the EU, United Nations, or India.
7. No Affiliation with Sanctioned Entities: You are not affiliated with companies, groups, or entities subject to international sanctions, nor do you represent such natural or legal persons.

3.2 Right to Assess Eligibility

We retain the right to assess your eligibility to access and use our Services at any time by evaluating your adherence to the eligibility criteria outlined above. In the event of amendments, modifications, or expansions of eligibility criteria, we may reevaluate your eligibility accordingly. We may request proof of eligibility if deemed necessary. All determinations, including initial and ongoing assessments of your eligibility, are final.

3.3 User Representations and Warranties

By using our Services, you represent and warrant that you meet all eligibility requirements.

4.1 Registration

To access certain features of the Services, you must create an account using our authentication partner, Clerk.

4.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

4.3 Security

You are responsible for safeguarding your account credentials. You agree to notify us immediately of any unauthorized use of your account.

4.4 KYC/AML Verification

Upon completing KYC/AML verification, your information will be subject to Anti-Money Laundering (AML) and Politically Exposed Persons (PEP) screening through our partner, KYCAid. This process is designed to identify and mitigate potential risks associated with financial transactions, including those involving virtual assets.

4.5 Limitation on Multiple Accounts

Each user, whether a natural person or a legal entity, is permitted to create and operate only one Account. Duplicate Accounts associated with information already submitted to another Account will be subject to suspension.

4.6 Account Closure

You have the right to close your Account at any time. To initiate the closure process, contact us via email at hello@getcolon.com.

Upon closure, you are responsible for safeguarding any personal or financial data associated with your Account. We will retain your data for up to five years for compliance reasons.

4.7 Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your Account and limit your access to our App under various circumstances, including but not limited to:

• Reputation Harm: Belief that your actions may harm our reputation or have resulted in adverse consequences.
• Legal Obligations: Requirement by a regulatory authority, court order, law enforcement request, or other competent authority.
• Terms Violation: Reasonable grounds to suspect a breach of these Terms or any other applicable agreement.
• Erroneous Transactions: Reasonable grounds to believe that a transaction or order is erroneous.
• Unauthorized Access: Suspected unauthorized or fraudulent access to your Account.
• Security Compromise: Suspected compromise in the security of your Account.
• Financial Crimes: Reasonable grounds to suspect money laundering, terrorist financing, fraud, or other financial crimes.
• Legal Proceedings: Your Account is subject to ongoing or pending litigation, investigations, or legal proceedings.
• Regulatory Non-Compliance: Your Account is believed to be non-compliant with regulatory norms and requirements.
• Prohibited Use: Involvement in any Prohibited Use activities and/or Prohibited Businesses as outlined in these Terms.

In the event of Account suspension or termination, any ongoing Transactions or Orders will be put on hold, canceled, or reversed. We reserve the right to deactivate your Account immediately for any of the aforementioned reasons.

We will provide reasons for the suspension, restriction, or termination of your Account, along with instructions on how to rectify any erroneous information or provide missing information and documents if applicable. Once the necessary deficiencies are addressed, any restrictions will be lifted, and Transactions or Orders can proceed.

4.8 Data Retention

While you may close your Account, we will retain your data for up to five years for compliance and legal reasons.

5.1 KYC/AML Verification Process

KYC/AML Verification is a procedure conducted by us to assess the background and eligibility of our customers for opening an Account. We ensure that KYC/AML Verification procedures are conducted for all users registering an Account.

As part of this process, we collect and process certain personal information to fulfill our legal obligations and enhance the security of our App. We undertake the collection and processing of personal information in strict accordance with our Privacy Policy. It is crucial that you review and familiarize yourself with our Privacy Policy to understand how your personal data is collected, used, and protected within our App.

We utilize services provided by KYCAid for specific aspects of the verification process, such as bank account linking and identity verification. This involves verifying personal identification details, such as your name, date of birth, nationality, and country of residence. National identification documents, including passports, driver's licenses, and similar documents featuring a portrait photograph, are accepted as valid means of verification.

5.2 Review of KYCAid Privacy Policy

KYCAid is an independent third-party service provider that adheres to its own privacy practices and policies. To gain a comprehensive understanding of how your data is collected and processed by KYCAid, we strongly urge you to read and review the KYCAid Privacy Policy separately. KYCAid's privacy policy governs the handling of personal information specifically within their services, and we shall not be liable for any breaches or violations of personal data handled by KYCAid resulting from acts or omissions of KYCAid or any other third party.

By engaging with our KYC/AML Verification process, you acknowledge and consent to the collection and processing of your personal information in line with both our Privacy Policy and KYCAid's Privacy Policy. These policies work in tandem to safeguard your data and ensure compliance with applicable regulations. You agree and acknowledge that both our Privacy Policy and KYCAid's Privacy Policy may undergo revisions and updates over time. We recommend periodically reviewing these policies to stay informed about how your data is handled and any changes that may impact your privacy rights.

5.3 Data Accuracy

By providing us with the information required for identity verification and KYC/AML Verification, you affirm that all the information you submit is true, accurate, and complete. You also confirm that you have not intentionally concealed or manipulated any information to influence the outcome of our assessment. If any submitted information is found to be false, inaccurate, or incomplete, you agree to promptly correct these inadequacies by providing additional documents and records to rectify the aforementioned omissions.

5.4 Notification of Changes

In the event of any changes in circumstances that affect the accuracy and integrity of the information you provided, you are obligated to promptly inform us of such changes and provide up-to-date information accordingly.

5.5 Disclosure to Authorities

We retain the right to share any information submitted to us with competent authorities as per Indian laws and other relevant legal requirements. This action may be taken if we have substantial grounds to believe that the provided information is associated with fraudulent activities, money laundering, terrorism financing, or other financial crimes. Additionally, should we be unable to conclusively ascertain a User's affiliation with any of the aforementioned illicit activities, we may disclose such information to competent authorities for their evaluation.

6.1 Prepaid Basis

All Orders are executed on a prepaid basis, meaning you must ensure sufficient funds in your Colon account to fulfill an Order. The funds required to execute an Order are set aside until the Order is fulfilled, canceled, expires, or is terminated. The total funds necessary for placing an Order encompass both the Order's value and any applicable fees. Any Order requiring an amount exceeding the available funds in your Account will not be executed and will be declined.

6.2 Order Placement Acknowledgment

By placing an Order, you acknowledge that we are not liable for the complete or partial cancellation of the Order. Once an Order has been processed for fulfillment, cancellation may not be possible. Prior to placing an Order, you must ensure the following:

1. Accurate Amount: You have accurately entered the desired amount of Crypto Funds for purchase or sale.
2. Review Rates: You have carefully reviewed the purchase or sale rates associated with your Order.
3. Understand Fees: You have reviewed and understood the Fees applicable to your Order.
4. Net Worth Understanding: You have a clear understanding of the net worth of Crypto Funds to be received or sold upon Order fulfillment.

6.3 Order Fulfillment

After placing an Order, understand that there is a possibility it may not be fulfilled. Several factors can impact the fulfillment of your Orders, including but not limited to:

• Operational Status: Downtime, planned and emergency system and software maintenance, holidays, etc.
• Market Conditions: Influence of your Order on overall Market conditions, including Market Manipulation.
• Account Funds: Availability and sufficiency of funds in your Account.
• Technical Conditions: Condition of hardware and software, both mechanical and electronic.
• Compliance Requirements: Various compliance-related factors.

In the event of an unsuccessful attempt to fulfill your Order, we will promptly notify you, specifying the reasons behind the failure and seeking your consent to resubmit and re-fulfill the Order based on the current exchange rate.

You agree and acknowledge that in cases where Order execution is hindered due to factors beyond our control, including technical capabilities, failures, and other conditions outside our direct influence, we cannot be held liable for any failures or delays in Order fulfillment.

6.4 Compliance-Related Non-Fulfillment

If an Order cannot be fulfilled due to compliance reasons, we retain the right to delay its fulfillment until compliance clearance is obtained. Such an Order will undergo further review within a reasonable timeframe. If we are unable to clear an Order due to insufficient information or other pertinent reasons related to KYC or compliance requirements, we may request additional details concerning your identity, transaction nature, and other essential compliance-related information.

Orders failing to meet the relevant compliance requirements, particularly when necessary information has not been provided, will not be fulfilled under any circumstances. We may decline such Orders based on reasonable grounds of non-compliance with relevant requirements and legislation.

7.1 Conversion Between Fiat and Crypto Funds

On our App, Users have the ability to convert between Fiat and Cryptocurrencies through specific procedures, depending on whether a User is buying or selling cryptocurrency.

7.1.1 Buying Crypto Funds

The App does not support direct purchase and conversion of Fiat for Crypto and Crypto for Fiat Funds. When a User intends to purchase Crypto Funds using Fiat currency, they may do so through one of our third-party merchant partners ("Merchants"). You may place an order for purchasing Crypto Funds by sending Fiat currency to the selected Merchant.

Please note that the conversion between Crypto and Fiat Funds via the App is contingent upon the availability of willing counterparties, specifically Merchants. You also agree to the merchant's Privacy Policy.

7.2 Liability for Third-Party Merchant Transactions

Users must understand and acknowledge that transactions involving the purchase of Cryptocurrency for Fiat currency from third-party Merchants are independent of our App. We expressly disclaim any liability for any aspect of these transactions, including but not limited to the Merchant's compliance with applicable laws and terms of service.

Users are urged to exercise due diligence and conduct their own research to verify the compliance of Merchants with relevant laws and applicable terms of service. It is the User's sole responsibility to ensure that any transaction with a third-party Merchant aligns with their expectations.

By engaging in transactions with third-party Merchants through our App, you explicitly waive any claims or liabilities against us in connection with such transactions. Users are encouraged to carefully review the terms of service and policies of third-party Merchants and to make informed decisions regarding their transactions involving third-party Merchants.

7.3 Exchange Rates

The Exchange Rate represents the value assigned to a Cryptocurrency in relation to a Fiat Currency for the purpose of conversion, whether it involves purchasing or selling the Cryptocurrency. Exchange Rates can vary based on the specific Cryptocurrency and may be subject to adjustments over time.

The Exchange Rates for Crypto to Fiat Currency conversion on our App are determined by individual Merchants integrating the App. These Exchange Rates come into effect when a User engages in a specific transaction, particularly when buying Cryptocurrencies for Fiat from a specific Sell Order offered by a Merchant.

We do not have direct control over any such Exchange Rates. Merchants have the autonomy to set their own Exchange Rates, which may vary among different Merchants on the App. Users are encouraged to carefully review the Exchange Rates offered by Merchants to make informed decisions regarding their transactions.

Exchange Rates for Buy and Sell Orders may differ and undergo fluctuations over time. By placing an Order, you explicitly acknowledge your awareness of the inherent fluctuation in Exchange Rates. Consequently, you understand that the total price paid for an Order may vary at any given time based on the currently applicable Exchange Rate.

8.1 Prohibited Use

All Orders and Transactions on our App must adhere to the principles of genuineness, competitiveness, fairness, and transparency. This section outlines practices that are strictly forbidden on our App and are considered violations of these Terms, subject to sanctions and remedies. The following actions and omissions are strictly prohibited on the App and within all our Services and shall constitute a breach of these Terms:

1. Unlawful Activity: Engaging in any activity that violates the laws, regulations, or legal instruments of countries where we operate, including but not limited to the laws of the European Union, India, and regulations overseen by regulatory authorities.
2. Fraud: Any act or attempt to deceive or trick any User, customer, or us in connection with any Transaction or Order.
3. Market Manipulation: Placing Orders or Transactions with the intent to disrupt the normal operation of the App and create undue volatility in Cryptocurrency prices compared to their fair market value. This includes deliberate acts of Market Manipulation and involving other parties in placing Orders or Transactions for this purpose.
4. Fictitious Trades: Placing Orders and Transactions with execution dates set far in the future, intending to correct or update them regarding the correct exchange rate and settlement date, including wash trades.
5. Cybersecurity Violations: Engaging in actions detrimental to cybersecurity, such as using unauthorized automated interfaces, attempting to overload or interfere with our systems, unauthorized access to customer accounts, introducing malware or malicious code, and other activities.
6. Simultaneous Buy and Sell Orders: Placing two or more buy and sell Orders, either individually or in agreement with a third party, to have them executed against each other, causing market disruption and non-competitiveness.
7. Intellectual Property Infringement: Involvement in transactions related to our intellectual property, including copyrights, trademarks, and trade secrets, without prior consent or authorization from us, constituting an infringement or violation of intellectual property laws in the country of our operation.
8. Intimidation and Coordination: Engaging in activities such as price coordination, soliciting third parties to alter prices, or interacting with other market participants to disrupt, coerce, intimidate, manipulate, or interfere with their activities.

These provisions apply to all Services provided by us without exception. We reserve the right to deny services and immediately terminate any relationship with businesses classified as Prohibited Businesses, as detailed in the next section.

8.2 Prohibited Businesses

By creating an Account, you confirm and acknowledge that you will not use our App for the following business activities, which constitute a breach of these Terms, including but not limited to:

1. Illegal Business Activities: Engaging in business activities related to fields and actions prohibited by any law, regulation, statute, or ordinance, including encouraging, instructing, or assisting others in participating in such unlawful activities.
2. Infringement of Intellectual Property Rights:Conducting business activities that infringe upon patents, copyrights, trademarks registered in accordance with applicable law, or other relevant intellectual property rights. This includes manufacturing, selling, distributing, and promoting counterfeit visual, video, and audio materials, software, duly registered inventions without official authorization from the patent holder, or any other material subject to licensing and intellectual property rights.
3. Drugs and Drug Paraphernalia: Selling and distributing controlled substances and any products designed for the production and consumption of drugs (e.g., bongs, vaporizers, hookahs), or items intended for concealing drugs.
4. Regulated and Licensed Goods and Services: Engaging in the sale of tobacco, cigarettes (including e-cigarettes), e-liquids; dealing in precious metals and stones; operating online pharmacies, including the sale of prescription medications; selling weapons, firearms, munitions, gunpowder, and other explosives; offering fireworks and pyrotechnics; trading in toxic, flammable, and radioactive materials; and participation in the oil and gas industries and extractive sectors.
5. Illicit Substances and Pseudo-Pharmaceuticals: Selling any product or substance that poses a risk to consumer safety or makes misleading or unsupported claims that have not been officially confirmed and verified by competent authorities in the applicable country, and/or obtained the necessary certifications and licenses.
6. Counterfeit or Stolen Goods: Engaging in the sale of counterfeit designer products distributed by unauthorized and unlicensed retailers or resellers; selling replicas; dealing in goods that have been illegally imported or exported; and offering stolen goods for sale.
7. Restricted Financial Services: Providing services such as check cashing, bail bonds, and collection agency services.
8. Unlicensed Providers of Services in Regulated Industries: Operating without proper licenses in industries like foreign exchange, lotteries, and gambling.
9. Adult Content and Services: Distributing pornographic materials; running online and offline stores offering sex-related goods; providing escort and prostitution services; offering adult live chats and pay-per-view adult websites.
10. Fraudulent Financial Schemes: Involvement in multi-level marketing, pyramid or Ponzi schemes, and referral marketing schemes.
11. NGOs and Non-Profit Organizations; Charities: Accepting donations for non-profit purposes.
12. Goods and Service Providers Engaging in Unfair, Misleading, and Aggressive Commercial Practices: Any merchant or service provider that, at our sole discretion, employs methods of harassment, coercion, including physical force, or undue influence that impairs consumers' freedom of choice or conduct.
13. Other High-Risk Businesses: Engaging in businesses that, based on applicable laws and regulations, are determined by us to have a high-risk profile, and which we subsequently believe pose elevated financial and/or legal risk of liability, violations, and criminal activity.

9.1 Liability Waiver

To the fullest extent permitted by applicable law, any and all events of our indemnification, warranty, limitations of losses, and limitations of liability, shall be excluded unless explicitly stated otherwise herein. These Terms, along with any other agreements between you and us, shall not in any way exclude or limit liability that may not be limited or excluded under the relevant law.

You acknowledge and agree that in the event of a dispute with any App User, neither we nor any of our partners, affiliates, service providers, officers, directors, employees, representatives, or any other affiliated parties or individuals shall bear any liability for claims, losses, actions, demands, costs, expenses, or damages arising from or related to such disputes. Any disputes of this nature shall be resolved solely between the concerned Users, irrespective of any affiliations with our aforementioned affiliates or ourselves.

9.2 Indemnification

You hereby undertake to indemnify and hold us, along with any of our partners, affiliates, service providers, officers, directors, employees, representatives, and other affiliated parties or individuals, harmless from any and all claims, losses, actions, demands, costs, expenses, and damages arising from the use of our App and Services by you or any third party, including but not limited to:

• Breach of any terms or conditions set forth in these Terms by you, including those arising from your use of our App and Services.
• Intellectual property infringement, such as use of our App and Services that infringes on our intellectual property rights.
• Third-Party claims, including events of claims or suits against us or the App brought up by a third party due to your actions.
• Personal and security data breaches caused by your actions or negligence.
• Misuse of Services, if such misuse breaches any of the terms and conditions outlined in these Terms and/or causes damages to us and/or other Users.
• Unlawful activities, such as violation of laws and regulations, or the rights of any third party.
• Harm to our reputation, if your actions have caused harm to the reputation of the App or us as a Service provider.
• Cancellation or termination of any transactions resulting in a negative balance.
• Feedback, comments, or submissions provided by you.
• The provision of erroneous, false, incomplete, or misleading information to us for the purposes of KYC/AML Verification.

9.3 Disclaimer of Warranties

Our Services and App are provided to you on an "as is" and "as available" basis, without any warranties, whether express, implied, or statutory. We do not provide warranties of title, merchantability, data accuracy, system integration, quiet enjoyment, fitness for a particular purpose, or non-infringement. We do not make any guarantees that access to our Services and App will be continuous, uninterrupted, timely, or error-free.

Any information, materials, views, opinions, projections, or estimates we provide are for informative purposes only and are subject to change without prior notice. You are solely responsible for assessing the relevance, timeliness, accuracy, adequacy, completeness, reliability, and value of the information, materials, views, opinions, projections, or estimates provided on the App and through our Services. We bear no liability for any direct or indirect damage or loss resulting from your use of this information.

None of our Services or information provided through them or the App should be considered as investment, financial, regulatory, tax, or legal advice. You should seek such advice from qualified professionals independently. Any decisions related to the use of our App and Services without professional advice are your own responsibility.

Furthermore, we do not provide any warranties regarding the processing time for transactions involving cryptocurrency wallets, bank accounts, credit and debit cards, and electronic money wallets. Factors affecting the timing and processing of these transactions are beyond our direct control. While we make every effort to ensure timely transaction execution, we do not guarantee any specific timeframes for transactions using the mentioned methods.

You acknowledge that any statements you rely on regarding the above notions are derived directly from these Terms, unless explicitly stated otherwise.

9.4 Disclaimer of Liability

Under no circumstances and in no event shall we, our affiliates, service providers, officers, directors, employees, representatives, and any other affiliated parties be liable in any manner, whether in contract, tort, negligence, strict liability, or otherwise, for any punitive, special, indirect, consequential, incidental, or similar damages. This includes cases where we have been previously notified of the possibility of such damages arising, in connection with these Terms of Service or any other agreement, as well as your use or attempted use of our Site, Services, information, materials, views, opinions, projections, or estimates, except to the extent required by law.

Furthermore, under no circumstances and in no event shall we, our affiliates, service providers, officers, directors, employees, representatives, and any other affiliated parties be liable in any manner, whether in contract, tort, negligence, strict liability, or otherwise, for any direct damages. This also includes cases where we have been previously notified of the possibility of such damages arising, in connection with these Terms of Service or any other agreement, as well as your use or attempted use of our App, Services, information, materials, views, opinions, projections, or estimates, except to the extent required by law.

You acknowledge and agree that you are not entitled to recover lost or unrealized profits, business opportunities, unforeseen financial losses, or any punitive, special, indirect, consequential, or incidental damages.

Furthermore, we are not obligated to provide cryptocurrency as compensation for damages or as a remedy.

This limitation of liability also encompasses damages, interruptions, and errors caused by computer viruses, malicious software, spyware, scamware, Trojan horses, worms, or any other malicious software or malware that may affect the operational state of your hardware and software and their security. Similarly, we shall not be liable for any phishing, spoofing, domain typosquatting, network forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, mining difficulties, failure or malfunction of any communication, electronic and mechanical equipment, telephone, or other interconnection devices, changes in cryptography or consensus rules, branching of cybersecurity, hacking, and other relevant events, including force majeure events. Additionally, we shall not be liable for any damages arising from amendments, introductions, enforcement, repeal, or alteration of legislation, regulations, policies, and laws in force at any given time or date.

This disclaimer of liability supersedes any other section, provision, or statement in these Terms.

In recognition of the nature of our App and the digital environment in which it operates, we emphasize that disputes arising from the use of our Services shall be subject to a distinct framework. Any disputes of a traditional, contractual, or transactional nature, which might typically warrant resolution through legal means or alternative dispute resolution mechanisms, shall be rendered moot by the characteristics of the App. This provision specifically addresses the following potential issues: smart contract failures, oracle failures, Application Programming Interface (API) failures, backend code failures, and account access failures.

By utilizing our App and Services, you expressly and irrevocably waive any and all grounds for dispute that may arise due to the occurrences mentioned above, including but not limited to smart contract failures, oracle failures, API failures, backend code failures, and account access failures. In the event of any of the aforementioned events, our App is designed to initiate automated dispute resolution processes to the extent feasible, in line with the principles of transparency, fairness, and efficiency.

Recognizing the inherent limitations of digital technologies and blockchain-based systems, you agree that your recourse in the face of such issues shall be restricted to the remedies, if any, provided by the automated resolution processes integrated into our App. These remedies shall be pursued exclusively through the mechanisms and interfaces provided by the App itself.

You expressly acknowledge that, due to the nature of blockchain technology and decentralized systems, traditional legal recourse or dispute resolution mechanisms, such as litigation, arbitration, or mediation, may not be applicable or enforceable for the issues mentioned herein. Therefore, you expressly waive any right to seek remedies or damages through legal means for any such issues.

This provision is binding upon all Users of our App, and by agreeing to these Terms, you affirm your understanding and acceptance of this dispute resolution framework. Any attempt to circumvent or challenge this framework shall be deemed a breach of these Terms.

11.1 Security of Credentials and Data

You acknowledge and agree that the security of your login details and associated credentials, including but not limited to passwords, private and public keys, identifiers, passphrases, backup data, and other pertinent data, including those attributable to third-party apps and service providers, such as Metamask, is entirely your individual responsibility. You are obligated to maintain control over your security details to preclude unauthorized access, unauthorized use, loss, modification, alteration, theft, or breach of your security data.

To ensure the security of your data, you must employ reasonable measures, including but not limited to the following methods:

1. Protection of Electronic Devices: Take measures to prevent the misuse, theft, and loss of your electronic devices. Ensure that any data pertaining to your Account stored on such devices is backed up on external data storage devices and safeguarded through encryption.
2. Preventing Remote Access: Prevent and avoid remote access to your devices when you are logged into your Account.
3. Transaction Verification: Review and verify all transactions and actions required for their execution.
4. Confidentiality of Security Data: Avoid disclosing, displaying, or transferring any security data associated with your Account, including passwords, keys, identifiers, payment methods, bank account and card details, and other security data.
5. Recipient Verification: Verify the Cryptocurrency addresses of intended recipients for your transactions. Refrain from transferring funds to addresses for which you cannot reasonably verify the ownership.
6. Vigilance in Communication: Note and reject each suspicious request to send and/or receive Crypto Funds, share any security data element, or disclose any information related to your Account that you receive from us or any other third party. Note that we will never request the disclosure of any aforementioned security data, nor will we ever request the transfer of Crypto or Fiat Currency funds to us or any of our addresses, except through methods that are compliant with and permitted by applicable law.

By agreeing to these Terms, you acknowledge your understanding and acceptance of your responsibilities for maintaining the security of your credentials and data. Your diligent adherence to these security practices is crucial to the protection of your Account and its associated assets.

11.2 Reporting Compromises

If you suspect that your Account or security data have been compromised or breached, or you have become aware of any event involving your Account and/or affecting you and/or us (including cyber-security attacks), you must notify us immediately through one of our official notification channels provided in these Terms.

To assist you in addressing questions or issues related to your account while using our App, we provide a range of customer support resources designed to ensure a seamless and responsive User experience.

12.1 Frequently Asked Questions (FAQ)

We offer a comprehensive FAQ section that covers a wide range of common queries and concerns. These FAQs are easily accessible on our App and serve as a valuable initial point of reference for addressing common account-related inquiries which you may utilize before raising your concerns directly with the dedicated Support Team.

12.2 Dedicated Support Team

For more personalized and account-specific inquiries, or other questions not explicitly covered by our FAQ section, we maintain a dedicated Support Team. Our support professionals are trained to assist you with a variety of account-related matters promptly and efficiently. You may reach out to our Support Team through our Discord server or via Telegram.

12.3 Notifications, Newsletters, and Updates

We prioritize transparent and timely communication with our Users regarding account-related matters. To ensure you stay informed, we primarily utilize Discord and Twitter as our primary and official communication channels. All important updates, notifications, and announcements related to your Account will be posted on our Discord server and through our official Twitter account.

In addition to the above-mentioned channels, we offer newsletters and periodic updates to keep you informed about noteworthy developments, changes, and enhancements to our App. You can expect to receive these updates via Discord and Twitter.

13.1 Limited License

All materials and content presented in connection with us, our Services, and the App are protected by applicable intellectual property regulations. These intellectual property rights are subject to protection and shall not be licensed to any third party unless expressly specified otherwise.

Hereby you are granted a limited, personal, non-commercial license to use materials and content protected by intellectual property rights solely in connection with your use of our Services and the App. Any use of these materials and content beyond the scope of this license constitutes an infringement of intellectual property rights and may lead to legal action initiated by us.

13.2 Prohibited Actions

Distribution and sharing of our materials and content on third-party websites, file hosting Apps, and similar services are strictly prohibited. Additionally, we forbid reproduction, display, public performance, distribution and use of our materials and content for any public and commercial purposes.

Any copying or sharing of our materials and content must be preceded by a formal request for permission from us, which will be granted only through a written notice explicitly permitting such actions. Furthermore, you agree to retain any watermarks, copyright signs, and other relevant copyrights and proprietary notices associated with these materials and content as originally provided.

13.3 Modification, Alteration, and Sale

Modification, alteration, and sale of our materials and content are strictly prohibited and subject to the protections afforded by intellectual property regulations.

We take the protection of our intellectual property rights seriously and expect all Users to respect and adhere to these provisions. Please note that failure to do so may result in legal implications.

You agree and acknowledge that we shall not be liable for any performance failures, events of downtime, interruptions, unavailability of our App and Services, as well as other malfunctions and delays resulting from any event or cause occurring regardless of our forecasting and beyond our direct and indirect control ("Force Majeure"). The following circumstances shall be deemed Force Majeure within the meaning of these Terms:

• Earthquake, flood, fire
• Government regulations or orders of state bodies
• Economic blockades and embargoes
• Risk of international, supranational, and national sanctions and the inclusion of any person in the corresponding sanction list
• User's incarceration, imprisonment, or arrest
• Acts of war, natural and nuclear disasters
• Epidemic and pandemic
• Acts of military and civil authorities
• Terrorism, sabotage
• Strike or other relevant labor dispute
• Accident, proclamation, and enforcement of state of emergency
• Malfunction of any software and hardware, communication lines and means
• Internet and network service providers issues

If the User becomes subject to international, supranational or national financial and other sanctions, whether directly or indirectly, regardless of their legally binding effect on us, we have the right to withdraw from these Terms unilaterally without giving a prior notice of withdrawal. All and any transactions and relationships concluded or executed with you subject to the aforementioned sanctions, whether directly or indirectly, will be terminated and your Account will be closed immediately.

15.1 Access and Availability

We do not provide an assurance or warranty of flawless and uninterrupted access to our Services and App. We cannot guarantee continuous availability or seamless placement, execution, and finalization of Orders and Transactions.

Furthermore, while our customer support aims to offer timely and efficient responses within reasonable periods, we do not guarantee the specific timing of these responses. Under no circumstances shall we be held liable for any damages arising from events affecting the accessibility and availability of our Services and App.

15.2 Compliance with Applicable Law

It is your sole responsibility to ensure your compliance with all applicable laws, regulations, licensing requirements, and other relevant legislation. This includes, but is not limited to, adhering to laws pertaining to personal data protection, anti-money laundering, the prevention of terrorist financing, and taxation.

We bear no liability for any breaches of applicable laws and regulations that may arise from your utilization of our Services and App. Furthermore, we shall not be held accountable for any damages or consequences resulting from such breaches.

15.3 Changes and Amendments to Terms

We reserve the right to make changes and amendments to these Terms and other agreements established by us to accommodate amendments in legislation or for other valid reasons. You will be notified of any such alterations via email and on our App, with a minimum one-month notice period prior to their implementation. Please be aware that unless you object or provide written notice to us before the effective date of the changes and amendments, your acceptance is assumed.

Within this one-month notice period, you shall have the right to terminate any agreement with us.

It is important to note that, in certain circumstances and to the extent permitted by applicable law, changes and amendments may need to take immediate effect or within a shorter notice period. In such cases, you will receive prompt notification of these modifications taking immediate effect, along with information regarding your right to promptly terminate the agreement and discontinue your use of our Services and App.

Prior versions of these Terms and other agreements will remain accessible on our communication channels and the App for your reference.

15.4 Tax Compliance

We do not offer tax advice and should not be considered as a tax advisor. It is your sole responsibility to seek professional tax guidance from qualified experts in your jurisdiction. Furthermore, we do not have control over the determination of which Orders and Transactions are subject to applicable taxes in your jurisdiction, nor can we dictate the procedures and obligations associated with tax withholding, reporting, and collection to the relevant authorities in your tax residence country.

15.5 Interaction with Law Enforcement

We reserve the right to engage in correspondence and communication with law enforcement authorities, including but not limited to courts, regulators, and policymakers. Such communication may be initiated at our discretion concerning your utilization of our Services or in response to requests, inquiries, or orders from the aforementioned law enforcement authorities in compliance with applicable laws and regulations.

15.6 Entire Agreement

These Terms, along with all other agreements established by us, constitute the entire agreement between us and you. These Terms supersede and take precedence over any prior discussions, agreements, understandings, inducements, or representations, whether in written or oral form.

15.7 Severability

You acknowledge and agree that in the event any provision of these Terms is rendered invalid or unenforceable due to changes in, and the enactment of new versions of, laws, regulations, or other legal instruments by competent authorities in India, we will modify the affected provisions to ensure their subject matter remains valid and enforceable within the scope of applicable law as per the most recent amendments. Furthermore, the validity and enforceability of the other provisions of these Terms shall not be affected.

15.8 Change of Control

You acknowledge that in the event of us being acquired, merged, or transferred to another legal entity, your data, including personal data, may be disclosed to the acquiring third party in accordance with the rights arising from such acquisition, merger, or transfer.

15.9 Survival

Any provisions that, in accordance with applicable law and to the extent permitted by it, survive the termination or expiration of these Terms, including but not limited to Account suspension, termination or closure, debts owed to us, general usage clauses and provisions, etc., shall remain in force and enforceable after the termination or expiration of these Terms.

15.10 Language

The original language of these Terms is English. Any translations, including those made by third-party tools and applications, as well as versions of these Terms in other languages provided by us or other third parties, are provided for your convenience and understanding and shall not be considered as accurate interpretations or representations of the original provisions. In case of any discrepancies or inconsistencies with the English language version of these Terms, the English language version shall prevail.

16.1 Zero Gas & Platform Fees

Description: Swap and bridge cryptocurrencies with zero gas fees and no platform charges. You only pay for the crypto you're acquiring.

16.2 Crypto Debit Card (Coming Soon)

Description: A seamless crypto debit card that allows you to spend your crypto assets anywhere that accepts card payments.

16.3 Custodial Security

Description: We provide a secure custodial wallet solution. Your assets are protected with top-tier security measures and are always accessible.

16.4 Cross-Chain Payments (Coming Soon)

Description: Instant EVM cross-chain payments enabling seamless asset transfers across different blockchains with minimal fees.

16.5 Rewards & Leaderboards

Description: Earn points through various activities, climb weekly leaderboards, and win exclusive rewards such as hotel stays, flights, and a share of 15% of platform revenue.

Details:

• Points System: Earn points for transactions, swaps, referrals, and more.
• Leaderboards: Weekly rankings based on points earned.
• Rewards: Exclusive badges, platform benefits, cashback on crypto card, priority access to features, and access to exclusive rewards.

16.6 Colon Pass

We use third party merchants to facilitate the purchase of Colon Pass and by agreeing to this terms and service, you agree to the privacy policy and terms of service of the third party merchants.

Description: Purchase a Colon Pass to unlock exclusive benefits.

Benefits:

• Point Multipliers: 2x points on all activities for 24 hours after each purchase.
• Zero Platform Fees: Zero fees for 24 hours after each pass purchase and on crypto card transactions.
• Permanent Benefits: 1,500 permanent points, exclusive access to high-yield staking pools, priority support, and early access to new features.
• Refund Guarantee: Up to 93% refund after 30 days, subject to terms.

By using our Services, you agree to:

1. Provide Accurate Information: Ensure all information provided is accurate and up-to-date.
2. Compliance with Laws: Use the Services in compliance with all applicable laws and regulations.
3. Prohibited Activities: Refrain from engaging in any activity that:
   • Violates any law or regulation.
   • Involves fraud, money laundering, or terrorist financing.
   • Involves unauthorized access or use of the Services.
   • Infringes on any intellectual property or other proprietary rights.
4. Security Measures: Do not interfere with or disrupt the integrity or performance of the Services.

18.1 Zero Fees

Currently, there are zero platform fees and no gas fees for swaps and bridges.

18.2 Future Fees

We reserve the right to introduce fees in the future and will notify users in advance.

18.3 Transaction Limits

There are no swapping limits unless specified otherwise.

19.1 Ownership

All content, features, and functionality, including but not limited to information, software, text, displays, images, video, and audio, are owned by the Company.

19.2 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material without prior written consent.

20.1 No Banking License

Colon is not an authorized or licensed bank in any jurisdiction and does not have any licenses to provide financial services.

20.2 No Warranties

The Services are provided on an "as is" and "as available" basis without warranties of any kind.

20.3 Market Volatility

Cryptocurrencies are volatile, and trading involves risks. We do not guarantee the value of any cryptocurrency.

21.1 To the fullest extent permitted by law:

• Excluded Damages: The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Liability Cap: The Company's total liability shall not exceed the amount you paid to use the Services.

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, liabilities, damages, judgments, awards, losses, costs, expenses arising out of your use of the Services or violation of these Terms.

23.1 By the Company

We may terminate or suspend your access to the Services immediately, without prior notice, for any reason.

23.2 By the User

You may terminate your account by following the procedures provided in the App or by contacting us.

Upon termination, your right to use the Services will cease immediately.

24.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India.

24.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Jammu and Kashmir, India.

24.3 Arbitration

At the Company's sole discretion, it may require you to submit any disputes to final and binding arbitration.

We may revise these Terms from time to time. If we make significant changes, we will notify you via the App or email. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us:

• Email: hello@getcolon.com
• Address:
  Dodo Web3 LLP
  Ward No. 15,
  Rajouri,
  Jammu and Kashmir, India, 185131

You are responsible for all activities that occur under your account.

This Terms of Service document is provided for informational purposes only and does not constitute legal advice. You should consult with a qualified attorney to ensure compliance with all applicable laws and regulations.