Terms & Conditions

These terms and conditions (“TC”) should be read by you (the “user” or “you”) in its entirety prior to your use of Vesta’s service or products. You must be 18 or over to accept these TC and use the products and services. By clicking “agree” or otherwise using or continuing to use our products and services you are agreeing with the terms of these TC and agreeing to be bound by them. Citizend Operations Ltd. is a company incorporated in the British Virgin Islands (“Citizend”, “us” or “we”). We are not regulated or licensed in any jurisdiction by any financial services or other regulator and you understand that you have no protections as a result.

This Website, the Vesta App, and any other product or service made available to you are referred herein as the "Services". By accessing the Services you are agreeing to be bound by these terms and conditions together with the privacy policy, and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you should refrain from using or accessing the Services. Vesta may revise and update these TC at any time without notice. We advise you to check the Website and the Vesta App regularly for updates.

These TC do not alter or control in any way other written terms or conditions or other agreements you have agreed to with us. Additionally, if you are representing a legal entity (such as a business), by using the Services you are warranting that you have the authority to bind that entity to these TC. You must also have the legal capacity to agree to these legal terms and conform to the eligibility requirements found below to agree to these terms and use the Services.

Vesta is a permissionless and fully decentralized community-run platform where users get to know and contribute to projects (“Projects”) wishing to launch their tokens. Vesta is an infrastructure provider and takes no part in any transactions between projects and users.

We partner with other companies, our partners (“Partners”), to offer you a variety of deals (“Deals”) (e.g., bonuses for registering with our Partners, discounts in trading fees when using our Partners’ services, etc.). You instruct us to find Deals for you and send you communications (depending on the communication methods you shared with us) notifying you of the Deals we sourced and providing you with the information you need to participate. You also instruct us to send you communications about Projects and their token launches you vote or register for and such communications shall be treated as solicited by you.

You instruct us to share your e-mail address, mobile phone number, as well as social media accounts/handles, and any other means of communication you provide us, with all other companies and persons in the Vesta group of companies, as well as our Partners, in order to be directly contacted by them about products and services. You may opt out of such a feature at any time by sending an e-mail to legal@citizend.xyz. If you do not consent to our sharing your personal data in this way, you are prohibited from using the Services. Vesta does not offer nor employs individuals to offer such Partner’s products or services. You acknowledge that Vesta does not supervise, direct, control, or monitor Partners in the offering of these products or performance of these services and agree that we are not responsible for the offering, performance, or procurement of these products or services, that we do not endorse any particular Partner’s offered product or services, and that nothing shall create an employment, agency, or joint venture relationship between us and any Partner. You agree that we are not responsible for a Partner’s or another's content or information and that we are not responsible for any misuse of our Services.

1. Disclaimers

1.1. The services are provided to you on an “as is” and on an “as available” basis. We provide no representations, warranty, or promises, expressed or implied, whatsoever regarding their functionality, quality, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, non-infringement of third party rights, and freedom from computer virus or other harmful code;

1.2. Vesta will make its best efforts to provide a good user experience, however, Vesta makes no warranty that the service will be uninterrupted, timely or error-free, or that defects will be corrected. We may change, limit or discontinue any of the Services without notice. This includes for maintenance purposes. We are also entitled to temporarily prevent or restrict your use of the Services if and to the extent required for the security and functioning of the Services. We have no obligation to maintain the uptime of Services, but shall try our best to make the Services reliable and available to you. We reserve the right to discontinue the Services or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you;
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1.3. There is a risk of losing our token and other funds of value when using these Services and Vesta has no responsibility to you for any such loss;
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1.4. Your use of the services is at your sole option, discretion, and risk;
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1.5. The blockchain networks and internet access services required for you to access and use the Services are entirely beyond the control of Vesta and we shall have no liability whatsoever for any outages, slowness, capacity constraints, or other deficiencies affecting the same;

1.6. You are (i) aged 18 or over, (ii) you are of the age of majority in your jurisdiction, (iii) you are accessing the Services from a jurisdiction in which it is legal to do so, (iv) you are not a politically exposed person (“PEP”) nor are you on any UK, BVI, Cayman Islands, U.S. or EU sanctions lists or terrorism finance watchlists, and nor are you owned or controlled by any person or legal arrangement on, and nor will you use a wallet on, any such watchlists (v) you will inform Vesta immediately if you, your wallet or a person which owns or controls you enters onto one of these lists or change your residence to a prohibited jurisdiction, and you will immediately cease to use the Services;

1.7. Any content provided in connection with the Services should not be considered a recommendation, an offer, legal, financial or investment advice, or a solicitation to engage in any kind of legal or financial transaction. Any content provided in connection with the Services, including publications and other
information, is for general informational purposes only. It is not and should not be considered as an investment recommendation, an action recommendation, or as legal, financial, tax or other professional advice. You should seek specific advice tailored to your individual situation;

1.8. We are not obliged to monitor any external information provided or stored within the Services. The Services may include links to third-party websites and applications (“External Links”). Since we do not control the content of these External Links, we cannot accept responsibility for their content. Responsibility for the content and accuracy of the information on these External Links lies with the respective information providers;

1.9. Vesta or any of the entities in its group may determine from time to time, at its sole discretion, to distribute rewards in our token or any other token in accordance with these TC and any terms and conditions made available to you within such distributions (“Distributions”). You may also be provided with information about the distribution of rewards on the Vesta website, social media, or direct communications that you receive from us. In case of discrepancy between the information contained therein and the information in these TC, the information in these TC shall prevail. We in our sole discretion will determine the eligibility criteria for each distribution and the procedures, if existent, for receiving rewards, as well as its day, time, and delivery method. Any failure to notify you or distribute rewards to you using the information you provided is outside our control and, hence, shall not result in any responsibility whatsoever being attributed to us. We are not responsible for notifying you if and when any rewards are distributed. Reward amounts received by each eligible user may differ, depending on criteria determined by us. At our own and sole discretion, we can initiate, terminate, or make any changes to any distribution. The right to receive rewards in any distribution is not transferable. No cash alternative or substitution of the rewards is allowed, except we reserve the right in our sole discretion to substitute rewards for any equivalent alternative as we may determine. All potential taxes are your sole responsibility;

1.10. Vesta is an infrastructure provider and thus does not provide assurances regarding the quality, legality, tax or regulatory status of any Project’s token (including its designation as a security or financial instrument or commodity under any applicable securities or other laws).

2. Eligibility

By using the Services you represent and agree that:

A. You are 18 years or older, of full age in your country of residence and you are not a minor; If you are a minor, you confirm that your parents or legal guardians are right next to you and confirm that you are allowed to agree to this TC;
B. You will follow these TC;
C. You have not been suspended from using the Services before;
D. You will provide updated and accurate information;
E. Only you or a legally authorized representative of yours will use your account;
F. You will maintain the security of your account and never transfer it;
G. You will only register for one account that is on behalf of yourself when registering as a natural person;
H. You are not sanctioned or restricted (are not owned or controlled by any person that is sanctioned or restricted) in a way that would make your use of the Services unlawful according to any applicable laws or treaties and nor are you owning or controlling or using a sanctioned wallet;
I. You will otherwise follow all applicable law and regulation.

3. Prohibited uses

Before your use of the services and on an ongoing basis you represent, warrant, covenant, and agree that:

3.1. The services are not for use by minors and individuals under the age of 18 years or individuals who can be considered minors or under the age of majority adulthood in their specific jurisdiction. It is entirely your responsibility to ensure you comply with the age requirement in your local jurisdiction to use the services;

3.2. The Services are intended solely for the user’s personal use. The user may not create multiple accounts, including for the purpose of collusion and/or abuse of services;

3.3. Citizens, residents (tax or otherwise) or green card holders of the United States of America and citizens or residents of Canada, British Virgin Islands, Cayman Islands, North Korea, Iran, Russia, and Venezuela (the “Excluded Jurisdictions”) are not permitted to make use of the Services.
A. Utilize the Services for unauthorized or unlawful purposes, to engage in or support any unlawful activities, in a way that contradicts any applicable guidance, orders, regulations, or rules of Vesta or any presiding government, court, law enforcement agency, supervisory authority, and/or regulatory agency, or to facilitate any activities that can lead to death, personal injury or environmental damage;
B. Use the Services for a third party or enable a third party to use the Services by disclosing, offering, or selling your account information or by any other means except to your own legally authorized representatives;
C. Copy, reverse engineer, or attempt to extract the source code from any component of the Services;
D. Introduce into any component of the software: any viruses, worms, defects, Trojan horses,
malware, or any items of a destructive nature;
E. Interfere with or disrupt in any way the Services or the servers or networks providing the
Services;
F. Use unauthorized bots or applications to access the Services; or
G. Submit false, incorrect, or incomplete information through the Services.

3.5. Information you submit through the Services (“Content”) shall not be illegal or unlawful, shall not infringe any person's legal rights, and shall not be capable of giving rise to legal action against any person, in each case in any jurisdiction and under any applicable law. Also, your Content, and the use of Content by us in any manner licensed or otherwise authorized by you, shall not:
A. Be libelous or maliciously false;
B. Be obscene or indecent;
C. Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other Intellectual Property Rights;
D. Infringe any right of confidence, right of privacy, or right under Data Protection Laws;
E. Constitute negligent advice or contain any negligent statement;
F. Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
G. Be in contempt of any court, or in breach of any court order;
H. Constitute a breach of racial or religious hatred or discrimination legislation;
I. Be blasphemous;
J. Constitute a breach of official secrets or business secrets legislation; or
K. Constitute a breach of any contractual obligation owed to any person.

3.5. You shall ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint. Content should be suitable for all viewers, including children, and not depict violence or explicit sexual material.

3.6. All factual statements must be true; opinions should be reasonable, honestly held, and indicate their basis. You shall also refrain from including in the Content any legal, financial, investment, tax, medical, or other professional advice unless certified to do so. If you are being remunerated for advertising (for example, as an influencer), you must disclose this.

3.7. Content and interactions should be civil, and respectful, and adhere to Internet etiquette without being offensive, deceptive, or inflammatory. You shall additionally refrain from using the Services for gambling, selling drugs or weapons, or distributing illegal or extreme material, and any automated data collection activities like scraping, mining, or harvesting without authorization are not permitted. You shall not link to any material that could breach these TC if hosted directly on the Services. You acknowledge that we may actively monitor or check the Content and your use of the Services.

4. Limitations, Liability, and Indemnification

Prior to your use of the services and on an ongoing basis you represent, warrant, covenant and agree that:

4.1. In no event, including negligence, will you hold or attempt to hold Vesta or any of its group companies, or any of its or their officers or directors liable for any special, consequential, incidental, direct or indirect damages whatsoever (including, but not limited to, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or
misuse) of the services or in any way in connection with our TC, us, or our Services, even if Vesta is aware of the possibility of such damages.

4.2. Nothing in this TC shall exclude or limit Vesta’s liability for (i) death or personal injury resulting from its negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by the laws of the British Virgin Islands.

4.3. Unless prohibited by applicable law, you will defend and indemnify Vesta, and its group companies, and its affiliates, and its and their directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses, including all damages Vesta and any of them may incur relating to any allegation or third-party legal proceeding to the extent it arises from your misuse of the Services or your violation of these TC.

5. License

Prior to your use of the services and on an ongoing basis you represent, warrant, covenant, and agree that:
5.1. Vesta grants you a non-exclusive, personal, non-transferable license to use the Services on your personal computer or other devices that you own, control or use to access the Services. The license is revocable at any time and subject to these TC.

5.2. Vesta owns all intellectual property linked to the services and you have no intellectual property rights in, or to the services, other than the right to use them in accordance with these TC.

5.3. You may not:
5.3.1. Alter, modify, adapt, copy, or reproduce the Services;
5.3.2. Use the Services for commercial purposes;
5.3.3. Attempt to reverse engineer any software owned by us;
5.3.4. Remove or copy proprietary software and materials;
5.3.5. Use the Services in any way that is prohibited by applicable laws or regulations.

6. Registration and Due Diligence

You may be required to provide certain information (such as identification, business or trade name, physical address, email, phone number, and business details) as part of the registration process for any Services, or as part of your continued use of the Services. Any information you give to us must always be accurate, complete and up to date and you will inform us promptly of any updates. The information you provide must not misrepresent you or be intentionally inaccurate. We can, at our own discretion, at any time, suspend your access to Services if we become aware that the provided information is incorrect or expired until you provide or correct the information.
Vesta reserves the right to ask for documentation to determine the identity and location of a user (and to verify it) and to carry out any due diligence process (“DD”) at its sole discretion before giving you access to the Services. You agree to provide up-to-date and accurate information in order to access the Services. Vesta reserves the right to restrict or suspend access to the Services until DD is successfully concluded. For more information regarding the personal information collected for these purposes and how it will be handled, please refer to our privacy policy. Vesta holds the authority to seize any funds that breach applicable laws and regulations, and to cooperate with law enforcement as required or as it sees fit in its sole discretion. We may share the DD data and documents we collect from you with third parties to confirm its authenticity. You consent to this by using the Services.

7. General

This license shall terminate automatically without notice if you fail to comply with any provision of these TC. We reserve the right to revoke this license and restrict your access to the services at any time.

7.1. Vesta may assign, transfer, charge, or sub-license this TC to any other party, group company, or organization at any time.

7.2. This TC constitutes the entire terms between the user and Vesta regarding the Services and each of the terms of this TC operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

8. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. By accepting these TC, you confirm you read and acknowledge the terms described in our Privacy Policy.
You instruct us to share your data with third-party service providers for the purpose of improving the system, debugging, and other operations of similar nature. You also instruct us to get information you provide to third parties based on Section in connection with the provision of the Services.

9. Governing law, Jurisdiction and Dispute Resolution

This TC and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the British Virgin Islands and you irrevocably submit to the exclusive jurisdiction of the courts in the BVI in relation to any claim, dispute, or difference concerning the TC and any matter arising therefrom. Any documents in relation to such dispute must be served on our registered office by DHL. We do not recognise the effectiveness of service by any other means (such as post or email or NFT).

10. Support and Contact:

You can contact our customer service team at legal@citizend.xyz if you wish to learn more about the TC or if you have any issues or concerns whilst using them.