These Terms of Service (the "Terms") form a legally binding agreement between you and Vesta Global Holding Ltd, a company incorporated in the British Virgin Islands with company number 2180055 ("VestaScan", "we", "us" or "our"). They govern your access to and use of the website at vestascan.com, the VestaScan web application, the VestaScan Scanner, our application programming interfaces, smart contract templates, the AI Assistant and every other product or service we make available (together, the "Platform").
Please read these Terms carefully, together with our Risk Disclosure and our Privacy Policy, which form part of these Terms. By creating an account, connecting a wallet, accepting these Terms in the Platform, or otherwise using the Platform, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Platform.
1. Key points
This summary is for convenience only. The full Terms below apply.
- VestaScan is a technology provider. We provide software that lets users create, manage and present blockchain tokens that may represent real-world assets. We do not sell, offer, issue, recommend, broker or underwrite any token, security or investment.
- Issuers are solely responsible for their tokens. Any user who deploys a token (a "Deployer" or "Issuer") must hold every legal right, licence, registration and approval required to create, offer, promote and sell that token in every jurisdiction in which it is made available.
- We are not a broker, exchange, investment adviser, custodian, bank or licensed virtual asset service provider, and we hold no such licence or registration.
- We never hold your private keys. Wallets on the Platform are non-custodial. If you lose access to your wallet, we cannot recover it.
- The Platform is not available to persons in the United States, the United Arab Emirates or any comprehensively sanctioned country or region, or to sanctioned persons (see Section 4).
- Tokens and digital assets are high risk. You could lose all of the money you put in. Read the Risk Disclosure.
2. Definitions
In these Terms:
- "Account" means your registered account on the Platform, however you sign in.
- "Content" means any text, image, document, file, data, comment, profile information or other material.
- "Data Room" means the document area attached to a Token, through which an Issuer shares files with other users.
- "Digital Asset" means a cryptographic token or other value recorded on a blockchain, including stablecoins.
- "Direct Purchase" means the Platform feature, where and when made available, through which an eligible user may acquire Tokens from an Issuer by means of a VestaScan sale smart contract.
- "Investor" means a user who views, enquires about, holds or acquires a Token, or wishes to do so.
- "Token" means a token created, deployed, listed or managed using the Platform, including restricted-transfer tokens built on the ERC-1404 standard.
- "User Content" means Content that you submit, upload, post or transmit through the Platform.
- "Wallet" means a blockchain wallet you use with the Platform. This includes an external wallet (for example MetaMask, WalletConnect or Coinbase Wallet) and an embedded or smart contract wallet created for you through our third-party wallet providers.
3. What VestaScan is, and what it is not
3.1 Our service. The Platform provides technology tools. These include:
- smart contract templates and deployment tooling for restricted-transfer tokens on supported blockchains;
- tools to manage whitelists, lockups, minting, burning, pausing and revocation;
- token listing pages and the public VestaScan Scanner;
- Data Rooms;
- investor enquiry tools and cap table views;
- identity verification (KYC/KYB) workflows;
- community features such as comments and backings;
- an AI Assistant;
- related software features.
3.2 We do not sell anything. VestaScan is not the issuer, seller, offeror, promoter, underwriter, placement agent, distributor or counterparty for any Token. Tokens are created and issued by Issuers at their own discretion and responsibility. Any offer, sale, transfer or other dealing in a Token is solely between the Issuer and the relevant Investor, including through Direct Purchase.
3.3 No regulated services. We are not and do not act as any of the following:
- a broker, dealer or broker-dealer;
- an exchange, trading venue or alternative trading system;
- a crowdfunding portal;
- an investment adviser or investment manager;
- a fund manager;
- a custodian or trustee;
- a transfer agent;
- a bank, payment institution or money transmitter;
- a virtual asset or crypto-asset service provider.
We hold no licence, registration or authorisation from any financial regulator. Nothing on the Platform is intended to be, or should be treated as, regulated activity carried on by us.
3.4 No advice. Nothing on the Platform constitutes investment, financial, legal, tax, accounting or regulatory advice, or a recommendation or solicitation to buy, sell or hold any Token or Digital Asset. This applies to Token listings, Data Room documents, verification badges, rankings, "most backed" or promoted placements, comments, backings, the AI Assistant, emails, blog posts and other materials. You should obtain independent professional advice before making any decision.
3.5 Verification is not endorsement. We may carry out technical checks (for example, confirming that a Token's contract matches our audited templates) and may review documents an Issuer submits. We may display a "Verified" badge or similar trust signal. These are trust signals issued by our compliance review team. They are not a legal or regulatory approval, an audit, a guarantee of the Issuer's identity, solvency or honesty, or an endorsement of any Token, asset or offering. We may withdraw them at any time.
3.6 No jurisdictional determination. We do not determine whether a Token is a security, a financial instrument, a virtual asset or any other regulated product in any jurisdiction, or whether any offer or sale of it is lawful. That is the Issuer's responsibility, with its own legal counsel.
4. Eligibility and restricted jurisdictions
4.1 Age. You must be at least 18 years old to use the Platform. If the age of legal majority where you live is higher than 18, you must have reached that age. Our minimum age is a Platform requirement only. You must also comply with every age, eligibility and investor-status restriction that applies to you under the laws of your own country. This remains your responsibility even if the Platform allows you to complete identity verification or use a feature.
4.2 Restricted jurisdictions. The Platform is not offered to, and must not be used by, any person who is located in, resident in, incorporated or organised in, or acting on behalf of a person in any of the following:
- the United States of America, including its territories and possessions, and any "U.S. person" as defined under U.S. securities laws;
- the United Arab Emirates;
- any country or region subject to comprehensive sanctions imposed by the United States or the European Union. At the date of these Terms, this includes Cuba, Iran, North Korea, Russia, Belarus, and the Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine;
(together, "Restricted Jurisdictions"). We may update the list of Restricted Jurisdictions at any time without notice.
4.3 Sanctioned persons. You must not use the Platform if you, or any person who owns or controls you, appear on any sanctions list maintained by the United States (including the OFAC Specially Designated Nationals List), the European Union, the United Nations, the United Kingdom or the British Virgin Islands, or are otherwise the target of sanctions.
4.4 No circumvention. You must not use a VPN, proxy or any other method to disguise your location or identity, or to circumvent any restriction.
4.5 Our right to restrict. We may apply geographic blocking, eligibility checks or other controls at any time, and may refuse, suspend or close any Account at our discretion. The fact that the Platform is accessible from a location, or that we have not yet blocked it, does not mean that using the Platform there is lawful or permitted. You remain solely responsible for compliance with your local laws.
4.6 Organisations. If you use the Platform on behalf of a company or other organisation, you confirm that you are authorised to bind it to these Terms. "You" then includes that organisation.
5. Accounts and wallets
5.1 Signing in. You may sign in with an email address, a Google account, a passkey or a supported external Wallet, through our authentication provider. Different sign-in methods may create separate Accounts. For example, signing in with Google and signing in with email can create two different Accounts with different Wallets, even if the email address is the same. You are responsible for using a consistent sign-in method.
5.2 Non-custodial wallets. We may arrange an embedded Wallet and smart contract account for you through our third-party wallet and infrastructure providers. You control your Wallets. VestaScan does not hold, store or have access to your private keys or recovery credentials, and cannot sign transactions on your behalf except as you specifically authorise through the Platform. If you lose access to your sign-in method, keys or recovery credentials, we cannot recover your Wallet or any Digital Assets in it.
5.3 Wallet linking. When you link a Wallet to your Account, we may record the link between your Account and that Wallet address on a public blockchain to evidence ownership. Blockchain records are public and permanent.
5.4 Account security. You are responsible for keeping your sign-in credentials, devices and Wallets secure, and for all activity under your Account. Tell us immediately at contact@vestascan.com if you suspect unauthorised use. We will never ask for your private keys or seed phrase.
5.5 Accurate information. You must provide accurate, current and complete information and keep it updated. You must not impersonate any person or create an Account for anyone else without authority.
5.6 One person, one benefit. Free trials, promotional allowances and similar benefits are limited to one per person or organisation. You must not create multiple Accounts to obtain them or to avoid limits.
6. Identity verification (KYC and KYB)
6.1 When required. We may require you to complete identity verification ("KYC") or, for organisations, business verification ("KYB") before you can use certain features. Our verification questionnaires vary by country, entity type and level. They may ask for:
- personal details, address and contact details;
- identity documents, proof of address and a photograph of yourself;
- tax information;
- source-of-funds and source-of-wealth information;
- politically exposed person (PEP) declarations;
- for organisations, company documents and details of directors, beneficial owners and authorised signatories.
6.2 Review. Our trained compliance staff review submissions. We may approve, reject, request additional or replacement documents, or require re-verification at any time, including when verification expires. We are not obliged to give reasons where the law prevents it.
6.3 Your declarations. By submitting verification information you confirm that it is true, accurate and complete, and that you are entitled to provide any third-party information you submit (for example about directors or beneficial owners).
6.4 Recording your acceptance. When you accept these Terms or the Risk Disclosure during verification, we record the exact version and a cryptographic fingerprint of the document you accepted, together with the time of acceptance.
6.5 Not a determination of eligibility. Approval of your KYC or KYB by us confirms only that our internal review is complete. It does not mean that you are legally permitted to invest in, buy, sell or issue any Token in your jurisdiction, or that any Issuer is permitted to deal with you.
7. Issuers and Deployers
If you deploy, manage, list or offer a Token through the Platform, the following applies in addition to the rest of these Terms.
7.1 Sole responsibility for legal compliance. You are solely responsible for ensuring that the creation, issuance, offer, promotion, marketing, sale, transfer and administration of your Token complies with all applicable laws in every jurisdiction in which it is made available or held. This includes laws on:
- securities and financial services, including any registration, prospectus or exemption requirement;
- investor eligibility and suitability, and limits on who may invest and how much;
- anti-money laundering and counter-terrorist financing, including any obligation to verify your own investors;
- sanctions;
- tax and reporting;
- consumer protection, advertising and financial promotions;
- data protection;
- company law and property law.
7.2 Your representations. Each time you deploy, list or offer a Token, you represent and warrant that:
- you hold, and will maintain, every legal right, title, authority, licence, registration, approval and exemption needed to create, offer, promote and sell the Token, and any underlying asset or interest it represents, in every relevant jurisdiction;
- the Token, any underlying asset and any rights it is said to confer exist and are accurately described;
- all information, documents, prices, offering terms, metrics and claims you provide are true, accurate, complete, not misleading and kept up to date;
- you have obtained your own independent legal, regulatory and tax advice;
- you will not use the Platform to offer any Token to persons in a Restricted Jurisdiction, or to any person to whom it would be unlawful to offer it.
7.3 Investor relationships are yours. The relationship between you and your Investors, including any subscription agreement, shareholder or token holder rights, disclosures, redemptions, distributions and investor protections, is solely between you and them. You are responsible for deciding whom to whitelist, for performing any investor verification required of you by law, and for honouring your obligations to holders.
7.4 Token powers. Depending on the configuration you choose, our token templates may let you:
- mint new tokens up to a cap;
- burn tokens;
- pause transfers;
- add or remove wallets from the whitelist;
- set lockup (release) times;
- change the compliance module;
- revoke (claw back) tokens from a holder.
You must use these powers lawfully, in good faith and only as clearly disclosed to your holders in your offering documents. You must clearly disclose to every prospective Investor which of these powers your Token has.
7.5 Declared prices and offering terms. Any price, valuation, minimum or maximum investment, or other offering term that you display is declared by you alone. We do not verify it, and you must not present it in a misleading way.
7.6 Personal data you receive. Through enquiries, Data Room access records, cap tables and similar features, you may receive personal data of Investors. These may include names, email addresses, phone numbers, messages and wallet addresses. You receive that data as an independent controller. You must handle it in compliance with applicable data protection law and use it only for the purpose for which it was shared with you.
7.7 Smart contracts. Our templates are provided "as is". Once deployed, smart contracts may be impossible to change. You are responsible for choosing the configuration of your Token, for securing the Wallets that hold its administrative roles, and for any transaction you sign.
7.8 Indemnity from Issuers. Without limiting Section 19, you will indemnify VestaScan for any claim, investigation, penalty, loss or expense arising from your Token, your offering, your dealings with Investors or any breach of this Section 7.
8. Investors
8.1 Do your own research. Information about Tokens is provided by Issuers, not by us. You must carry out your own due diligence, read all offering documents, and obtain independent advice before acquiring any Token.
8.2 Enquiries. When you send an enquiry about a Token, we share your enquiry, including the contact details and message you provide, with the relevant Issuer, subject to the Issuer's plan. An enquiry is not an offer or commitment to invest. Any follow-up happens directly between you and the Issuer. We are not responsible for an Issuer's response or conduct.
8.3 Your eligibility. You are responsible for confirming that you are legally permitted to acquire and hold a Token in your jurisdiction, including any investor-status requirements (such as professional, sophisticated or accredited investor rules), and for any taxes that apply to you.
8.4 Restricted transfers. Tokens on the Platform are typically restricted-transfer tokens. They can usually only be transferred to wallets the Issuer has whitelisted and may be subject to lockups and to the Issuer's administrative powers described in Section 7.4. There may be no market on which to sell them.
9. Direct Purchase
9.1 Availability. Direct Purchase may be introduced gradually, for selected Issuers, Tokens, networks and countries, and may be unavailable to you. Where and when it is available, this Section 9 and any additional purchase terms we publish (the "Purchase Terms") apply. If the Purchase Terms conflict with these Terms on a matter relating to a purchase, the Purchase Terms prevail.
9.2 Our role. In a Direct Purchase, the seller is the Issuer and the buyer is you. VestaScan provides the technology and is not a party to the sale. Any subscription agreement or other transaction document is between you and the Issuer, even where it is signed through the Platform or through an electronic signature provider we engage.
9.3 How settlement works. Payments are settled through a VestaScan sale smart contract.
- Your payment is held by the smart contract, not in an account controlled by VestaScan.
- It is released to the Issuer only in the same blockchain transaction that delivers the Tokens to you.
- If delivery does not happen, your payment is returned to your designated refund address. This happens either by refund or, after the published delivery window, by a reclaim you can trigger yourself on-chain.
- Payments may be made in supported Digital Assets through third-party payment providers, which may convert, bridge or route your payment and charge their own fees.
9.4 Eligibility and screening. Before and after you pay, we and our providers may check:
- your identity verification status and its freshness;
- your country of residence and nationality;
- your investor classification;
- your Wallet addresses and the source of your payment, against sanctions and risk lists.
We may reject an order, place it on hold for review, or refund it. Where the law requires, we may be required to block funds. In the case of a confirmed sanctions match, an order may be frozen on-chain and resolved only in accordance with a legal instruction.
9.5 Fees. Any platform fee, network fee or payment provider fee will be shown to you before you pay. Issuers may bear a platform fee deducted from the amount released to them.
9.6 Finality. Once Tokens are delivered and payment released, the transaction cannot be reversed by VestaScan. Any claim relating to the Token or the offering must be made against the Issuer.
10. Plans, billing and fees
10.1 Plans. Some features require a paid subscription plan. Plan features, limits and prices are as shown on our pricing page or in your Account at the time you subscribe, and may change as described below.
10.2 Payment. Subscriptions are billed in US dollars, in advance, on a monthly or annual basis. They are processed by our third-party payment processor, Stripe. We do not store your full card details. You authorise us and our payment processor to charge your chosen payment method for all fees and applicable taxes.
10.3 Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel before the renewal date. You can cancel at any time in your Account. Cancellation takes effect at the end of the current billing period, and you keep access until then.
10.4 Free trials. Where a plan includes a free trial, you will not be charged if you cancel before the trial ends. If you do not cancel, your subscription will start and you will be charged automatically at the end of the trial. Only one free trial is available per person or organisation.
10.5 Changing plans. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the current period. Downgrades and changes of billing interval take effect at the end of the current billing period.
10.6 Failed payments. If a payment fails, we may retry it and give you a grace period to update your payment method. If payment is not made by the end of the grace period, we may downgrade or suspend your plan.
10.7 Refunds. Fees are non-refundable, and we do not provide refunds or credits for partial billing periods or unused features, except:
- where we decide otherwise at our discretion; or
- where a refund is required by applicable law.
Nothing in these Terms affects any mandatory consumer rights you may have.
10.8 Price changes. We may change our prices or plans. We will give you reasonable advance notice of any price increase to an existing subscription, which will apply from your next renewal. If you do not agree, you may cancel before the change takes effect.
10.9 Network fees and gas. Blockchain transactions require network ("gas") fees. Depending on your plan, we may sponsor a limited number of eligible transactions on certain networks. Sponsorship is a discretionary benefit that may be limited, changed or withdrawn. Outside it, network fees are paid from your Wallet to the blockchain network, not to us, and are non-refundable.
10.10 Taxes. Prices exclude taxes unless stated. You are responsible for all taxes, duties and levies associated with your use of the Platform, other than taxes on our income.
10.11 Concierge and partner services. Certain premium services, such as structuring, documentation, entity formation, banking introductions, promotion and co-listing, are delivered by VestaScan together with independent third-party partners. These services are provided under a separate agreement or order, on the terms set out there. Partners are responsible for their own services, and we may receive fees or other benefits in connection with them. Introductions to a partner are not a recommendation, and nothing guarantees any outcome, including any account opening, listing or investment.
11. Referral programme
We may operate a referral programme that rewards you when people you refer subscribe to paid plans. The applicable reward, eligibility rules, holding periods, minimum payout thresholds and payout methods are shown in your Account and may change from time to time. Changes apply to future referrals and earnings from the date they are published.
You must not:
- refer yourself or create Accounts to earn rewards;
- use spam, misleading claims or paid advertising on our brand terms;
- make any statement about VestaScan, any Token or any investment return that is false or misleading.
Rewards may be withheld, reversed or clawed back if the underlying payment is refunded, charged back or obtained through fraud or a breach of these Terms. You are responsible for any taxes on rewards you receive.
12. Community features and guidelines
12.1 Comments and backings. On eligible Token pages, users may post comments and replies and "back" a Token. A backing is a free, public expression of support. It is not an investment, commitment or endorsement by us. Your display name and Wallet address may be shown publicly with your comments.
12.2 Community guidelines. When you post or upload any User Content, you must not post Content that:
- is false, misleading or deceptive, including misinformation about any Token, Issuer, asset or market;
- is a scam, phishing attempt or fraudulent scheme, or asks anyone for private keys, seed phrases, funds or personal data;
- promises or guarantees returns, or otherwise solicits investment outside the Issuer's own lawful offering channels;
- seeks to manipulate perception of a Token, for example coordinated "pump" activity, fake reviews or undisclosed paid promotion;
- is spam, repetitive, commercial advertising or off-topic;
- harasses, threatens, bullies or intimidates anyone, or reveals another person's private information;
- is hateful or discriminatory on the basis of race, ethnicity, nationality, religion, sex, gender identity, sexual orientation, disability, age or any other protected characteristic;
- is sexually explicit, violent or otherwise objectionable;
- infringes anyone's intellectual property, privacy or other rights;
- impersonates any person, including an Issuer, VestaScan or its staff;
- contains links, malware or code. Links are not permitted in comments;
- is unlawful, or encourages illegal activity, sanctions evasion or money laundering.
12.3 Reporting and moderation. You can report Content that breaks these guidelines, choosing a reason such as scam, spam, harassment, hate speech, misinformation or off-topic. We may also use automated signals to flag Content for human review.
We and, for comments on their own Token pages, Issuers may remove any Content that we or they consider breaches these Terms or is otherwise inappropriate, with or without notice. Removing a comment also removes its replies. Issuers may limit commenting or visibility on their Token pages to their token holders. If a Token loses its verified status, its comments may be hidden.
We may suspend commenting or other features for, or block, users who repeatedly or seriously break these guidelines. We are not obliged to monitor Content and do not endorse any User Content.
12.4 Not advice. Comments and backings are the opinions of individual users. They are not investment advice and may be wrong, biased or paid for. Do not rely on them.
13. Data Rooms
Issuers decide who may access the documents in their Data Rooms. Documents may be made public, available to whitelisted holders, or shared with specific users. If you are given access to a Data Room, you must:
- use its contents only to evaluate the relevant Token;
- keep any non-public information confidential;
- not copy, distribute or misuse it.
We do not review, verify or take responsibility for Data Room content. We may record who accessed which document and when, and share that record with the Issuer.
14. AI Assistant
The Platform may include an AI-powered assistant that answers questions about the Platform and your Account. Its responses are generated automatically by third-party artificial intelligence models and may be inaccurate, incomplete or out of date. The AI Assistant does not provide investment, legal, tax or financial advice and does not make decisions about you. You should verify any important information independently. Do not enter information into the AI Assistant that you do not want processed as described in our Privacy Policy. Usage may be limited by your plan.
15. Acceptable use
You must not, and must not attempt to, or help anyone else to:
- use the Platform for any unlawful, fraudulent or deceptive purpose, including Ponzi or pyramid schemes, misrepresentation of assets, or offerings that breach applicable law;
- engage in money laundering, terrorist financing, sanctions evasion, bribery, market manipulation or insider dealing;
- tokenise or promote any asset you do not have the right to tokenise, or any illegal goods, services or activities;
- infringe any third party's intellectual property, privacy or other rights;
- access the Platform from a Restricted Jurisdiction, or circumvent any eligibility, geographic, plan or usage restriction;
- interfere with, disrupt, overload or attack the Platform, its smart contracts or its infrastructure, or probe, scan or test their vulnerability without our written permission;
- scrape, crawl or harvest data from the Platform by automated means, except through interfaces we provide for that purpose;
- reverse engineer, decompile or copy the Platform, except as permitted by law;
- abuse gas sponsorship, free trials, referral rewards or other benefits;
- upload viruses, malware or other harmful code;
- misuse another user's personal data, including contact details received through enquiries or Data Rooms.
16. Third-party services and blockchains
16.1 Third-party services. The Platform relies on third-party services. These include:
- authentication and wallet providers;
- blockchain node, gas sponsorship and indexing providers;
- payment processors;
- electronic signature providers;
- AI model providers;
- cloud hosting.
Your use of some of them may be subject to their own terms and privacy policies. We are not responsible for third-party services, their availability or their acts or omissions.
16.2 Blockchains. Blockchain networks are operated by independent third parties and are not controlled by us. We are not responsible for any network failure, congestion, fork, attack, change in protocol rules, gas price, or the loss, freezing or devaluation of any Digital Asset, including stablecoins. Transactions on a blockchain are public and generally irreversible.
16.3 Supported networks. We may add or stop supporting any blockchain network, token standard or Digital Asset at any time.
17. Intellectual property
17.1 Our rights. The Platform, including its software, design, text, graphics, logos and the VestaScan name and marks, is owned by or licensed to us and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose.
17.2 Your Content. You keep ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, adapt (for formatting purposes) and distribute your User Content as needed to operate, provide, promote and improve the Platform. This licence lasts for as long as the Content is on the Platform and for a reasonable period afterwards for backups and legal compliance. For public Token information and public comments, it includes displaying them to other users and on the public Scanner. You confirm that you have all rights needed to grant this licence.
17.3 Feedback. If you give us feedback or suggestions, we may use them without obligation to you.
18. Suspension, termination and Platform changes
18.1 Our rights. We may, at our discretion and where reasonably appropriate with notice, take any of the following actions:
- suspend, restrict or close your Account;
- block access to the Platform or any feature;
- hide, flag or delist any Token page;
- withdraw any verification badge;
- remove any Content;
- refuse any transaction.
We may do so in particular if we believe that you have breached these Terms, that your use creates legal, regulatory, security or reputational risk, or that we are required to by law or by a competent authority.
18.2 Your right. You may stop using the Platform at any time and may request closure of your Account by emailing contact@vestascan.com.
18.3 Effect. On termination, your right to use the Platform ends. Tokens, Wallets and transactions on public blockchains are not controlled by us and continue to exist after your Account is closed. You remain in control of your Wallets and responsible for any Tokens you issued. Any provision of these Terms which by its nature should survive termination will survive, including Sections 3, 7, 10.7, 17, 19, 20, 21 and 22.
18.4 Changes to the Platform. We may modify, suspend or discontinue any part of the Platform at any time. Where a change materially reduces a paid feature you are using, we will try to give you reasonable notice.
19. Indemnity
To the extent permitted by law, you will indemnify and hold harmless VestaScan, its affiliates and their directors, officers, employees and agents from any claim, demand, action, investigation, loss, liability, damage, fine, penalty, cost or expense, including reasonable legal fees, arising out of or related to:
- your use of the Platform;
- your User Content;
- any Token you deploy, offer or promote;
- your dealings with any other user;
- your breach of these Terms or of any law or third-party right.
20. Disclaimers
The Platform is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation.
We do not warrant that:
- any smart contract is free of defects;
- any Token has value or will be transferable;
- any information on the Platform is accurate or complete;
- the Platform will be secure or available at all times.
You use the Platform at your own risk and acknowledge the risks described in our Risk Disclosure.
21. Limitation of liability
21.1 Exclusions. To the maximum extent permitted by law, VestaScan and its affiliates will not be liable for any of the following, however arising:
- indirect, incidental, special, consequential, exemplary or punitive damages;
- loss of profits, revenue, business, goodwill, data or opportunity;
- any loss of or decline in value of any Token or Digital Asset.
21.2 Cap. Our total aggregate liability arising out of or relating to these Terms or the Platform will not exceed the greater of:
- the fees you paid us in the twelve months before the event giving rise to the claim; and
- USD 100.
21.3 What we do not limit. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.
22. Governing law and disputes
22.1 Governing law. These Terms, and any dispute or claim arising out of or in connection with them or the Platform (including non-contractual disputes), are governed by the laws of the British Virgin Islands.
22.2 Informal resolution. Before starting any proceedings, you agree to contact us at contact@vestascan.com with a description of the dispute and to try in good faith to resolve it with us for at least 30 days.
22.3 Courts. Subject to Section 22.2, the courts of the British Virgin Islands have exclusive jurisdiction over any dispute. Nothing in this Section prevents us from seeking urgent injunctive relief in any court, or deprives you of any mandatory protection under the law of your country of residence that cannot be excluded by agreement.
23. Changes to these Terms
We may update these Terms from time to time. Each version is numbered and dated, and earlier versions remain on record.
- Material changes. We will give you notice by email or through the Platform before the change takes effect, and where required we will ask you to accept the new version.
- Your choice. If you do not agree to the updated Terms, you must stop using the Platform. Otherwise your continued use after the effective date means you accept them.
- Past acceptances. An acceptance you gave to an earlier version remains a record of what you agreed to at that time.
24. General
- Entire agreement. These Terms, together with the Risk Disclosure, the Privacy Policy and any additional terms for specific features (such as Purchase Terms, plan or concierge orders and referral programme terms), are the entire agreement between you and us regarding the Platform.
- Assignment. You may not assign or transfer these Terms without our consent. We may assign them to an affiliate or a successor to our business.
- Severability. If any provision is held invalid or unenforceable, the rest remains in effect.
- No waiver. Failing to enforce a right is not a waiver of it.
- Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control. These include blockchain network failures, attacks, outages of third-party providers, acts of government, sanctions, war, natural disasters and pandemics.
- Electronic communications. You agree to receive notices electronically, by email to the address on your Account or through the Platform. Service and transactional messages cannot be switched off while you have an Account.
- Language. These Terms are written in English. Any translation is for convenience only, and the English version prevails.
- No third-party rights. Except for our affiliates under Sections 19 and 21, no one other than you and us has any right to enforce these Terms.
25. Contact
Vesta Global Holding Ltd (British Virgin Islands, company number 2180055), operating VestaScan.
- General, support and legal enquiries: contact@vestascan.com
- Automated notifications are sent from noreply@vestascan.com. Please do not reply to that address.