FatCat Terms and Conditions
Last Updated: 31 January 2026
READ THESE TERMS AND CONDITIONS, THE USER CONDUCT AND SECURITY POLICY, AND ALL THE DISCLAIMERS (“AGREEMENTS”) , THE PRIVACY NOTICE AND THE COOKIE POLICY CONTAINED ON FATCAT’S WEBSITE AND IN FATCAT’S TELEGRAM INTERFACE CAREFULLY BEFORE USING THE FATCAT BOT DESCRIBED HEREIN OR THE FATCAT WEBSITE AT HTTPS://FATCATBOT.IO (“BOT” AND “SITE” RESPECTIVELY). BY ACCESSING, BROWSING, USING OR OTHERWISE UTILISING THE BOT, WHETHER ACCESSED THROUGH THE SITE OR THROUGH TELEGRAM, AND IN USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND CONSENT TO THESE TERMS AND CONDITIONS AND EACH OF THE AGREEMENTS AND THAT YOU AGREE TO BE BOUND BY EACH OF THEM. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THE AGREEMENTS, YOU ARE NOT AN AUTHORISED USER OF THE BOT AND THE SITE, DO NOT CONSENT TO ACCEPTANCE WHEN PROMPTED AND YOU SHOULD NOT USE THE BOT, THE SITE, OR ANY RELATED SERVICES AND PRODUCTS.
NOT AVAILABLE IN PROHIBITED JURISDICTIONS. THE BOT, THE SITE AND ANY RELATED SERVICES AND PRODUCTS (COLLECTIVELY, THE “PLATFORM”) ARE NOT OFFERED TO, AND MAY NOT BE USED BY, ANY PERSON OR ENTITY THAT IS: (I) LOCATED IN, INCORPORATED OR ORGANISED IN, RESIDENT OF, OR ORDINARILY RESIDENT IN ANY JURISDICTION WHERE ACCESS WOULD VIOLATE LAW OR EXPOSE FATCAT TO SANCTIONS OR REGULATORY RISK (“PROHIBITED JURISDICTIONS”); OR (II) ACTING ON BEHALF OF, OR FOR THE BENEFIT OF, ANY PERSON OR ENTITY DESCRIBED IN CLAUSE (I)
SANCTIONS AND RESTRICTED PERSONS. YOU REPRESENT AND WARRANT THAT NEITHER YOU NOR ANY BENEFICIAL OWNER, CONTROLLER, AUTHORISED USER, OR PERSON FOR WHOM YOU ACT IS: (I) THE TARGET OF SANCTIONS OR OTHERWISE LISTED ON ANY RESTRICTED OR BLOCKED PERSONS LIST MAINTAINED BY ANY RELEVANT GOVERNMENTAL AUTHORITY (INCLUDING SANCTIONS LISTS ADMINISTERED BY THE UNITED NATIONS, THE UNITED STATES, THE EUROPEAN UNION OR THE UNITED KINGDOM) OR THE COMPETENT AUTHORITY IN YOUR JURISDICTION; OR (II) OWNED OR CONTROLLED (DIRECTLY OR INDIRECTLY) BY ANY PERSON DESCRIBED IN CLAUSE (I). YOU WILL PROMPTLY NOTIFY FATCAT IF ANY OF THESE STATEMENTS BECOMES UNTRUE.
YOUR RESPONSIBILITY FOR COMPLIANCE AND LOCATION. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LAWS, RULES, AND REGULATIONS APPLICABLE TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PLATFORM (INCLUDING SANCTIONS, ANTI-MONEY LAUNDERING, COUNTER-TERRORISM FINANCING, AND EXPORT CONTROLS). YOU MUST NOT ATTEMPT TO CONCEAL YOUR LOCATION OR IDENTITY, INCLUDING BY USING A VPN, PROXY, TOR, GEOLOCATION SPOOFING, OR SIMILAR TECHNOLOGY, AND YOU MUST PROVIDE ACCURATE AND COMPLETE INFORMATION WHEN REQUESTED.
FURTHER, YOU UNDERTAKE AND UNDERSTAND THAT THE BOT IS MERELY AN INDEPENDENT FACILITATOR INTERFACE OF THIRD-PARTY BLOCKCHAIN PROTOCOLS, IT IS NOT AN INTERMEDIARY OR EXTENSION OF ANY THIRD-PARTY BLOCKCHAIN PROTOCOLS. YOU ALSO UNDERTAKE AND UNDERSTAND THAT ALL TRANSACTIONS EFFECTED VIA THE BOT, WHETHER THROUGH TELEGRAM OR THE SITE, ARE EXECUTED DIRECTLY IN YOUR OWN SELF-CUSTODY DIGITAL WALLET. THE BOT DOES NOT ACCESS YOUR PRIVATE KEYS OR TAKE ANY CUSTODY OF ANY OF YOUR CRYPTOCURRENCY, AND DOES NOT OWE ANY FIDUCIARY OBLIGATIONS TO YOU.
1. Introduction and Acceptance
1.1. Overview. These Terms and Conditions (“Terms”) between you (“you”, “your”, “User”) and Verikey Holdings Inc., an international business company incorporated under the laws of the Republic of Panama (“FatCat”, “Company”, “we”, “us”, “our”), govern your access to and use of the Platform.
Please note that use of the Bot is additionally governed by the User Conduct and Compliance Policy, and the terms of the Agreements are incorporated into these Terms.
1.2. Acceptance of Terms. By accessing or using the Platform, you agree to be bound by these Terms and any additional policies incorporated herein. If you do not agree to these Terms, please do not access or use any part of the Platform. Continued use of the Platform constitutes your express agreement to these Terms as updated and amended from time to time.
You confirm you have read through and understand the Disclaimers on the Site and alongside the Bot in Telegram at https://fatcatbot.io/disclaimers.
1.3. Definitions. The following definitions shall apply to the interpretation of these Terms:
- “Cryptocurrency” means any form of digital or virtual currency that uses cryptographic techniques and blockchain technology to validate and secure transactions, including but not limited to tokens, coins, and other digital assets that may be used, stored, exchanged, or interacted with through decentralized networks.
- “Content” refers to all information, data, text, graphics, and other materials made available through the Platform.
- “Intellectual Property Rights” means all present and future rights related to patents, copyrights, trademarks, trade secrets, and other proprietary rights worldwide.
- “Network Fees” means any gas/validator/protocol fees charged by a blockchain or protocol, which are set by third parties and are separate from any Company fees.
- “Telegram” means the third-party communication and messaging platform operated by Telegram Messenger Inc. and its affiliates, accessible via mobile, desktop, or web applications. Telegram is an independent platform not owned or operated by the Company.
- “Wallet” means a digital software or hardware-based tool that enables users to securely store, manage, and interact with cryptographic keys, digital assets, and blockchain networks. Users of the Platform shall be solely responsible for complying with the terms of use of their wallet service provider.
1.4. Eligibility. To use the Platform, you must be at least 18 years old and have full legal capacity to enter into binding agreements. FatCat does not knowingly permit the use of its Platform by persons under the age of 18. By using the Platform, you represent and warrant that you meet this minimum age requirement.
If you are a parent or legal guardian permitting a minor or someone without full legal capacity to use the Platform, you agree to these Terms on their behalf and assume full responsibility for their compliance with these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms. In such cases, the terms “User” “you” and “your” shall refer to both you as an individual and the entity you represent.
1.5. Geographical restrictions. FatCat restricts access to Users located in, under the jurisdiction of, or ordinarily resident in Prohibited Jurisdictions, including Cuba, Iran, Syria, North Korea, Russia, and Belarus, as well as any other country or region that is subject to comprehensive international sanctions . The Company may employ technical measures, including IP blocking and geo-filtering, to enforce these restrictions. By accessing the Platform, you represent and warrant that you are not located in, controlled by, or a resident of any Prohibited Jurisdiction, and you will not use the Platform to engage with parties in these regions. Circumvention attempts including byVPNs and proxies constitute a material breach of these Terms and may result in technical measures to restrict your access to the Platform and reporting to authorities. Continued use of the Platform constitutes acceptance of such updates.
FatCat does not actively market the Platform to, nor does it solicit customers or users located in, Hong Kong, Singapore, any European Union member state, and the United Arab Emirates. The availability of the Platform does not constitute an offer or solicitation to any persons in these jurisdictions or any other Prohibited Jurisdiction.
1.6. IMPORTANT DISCLAIMERS. The Company is not licensed, registered or authorised by any financial institution, securities, commodities, virtual asset, or monetary authority in any jurisdiction. The Platform are provided on a non-regulated, self-custodial basis and do not constitute:
- Brokerage, trading, exchange, custody, or payment services;
- Investment, financial, legal, or tax advice; or
- An offer or solicitation of any kind to buy, sell, or deal in Cryptocurrency or financial instrument.
The Platform is provided solely as a software-based user interface and technical facilitator to interact with third-party blockchain protocols. You expressly acknowledge that:
- The Platform is a strictly non-custodial platform and it never takes possession, custody, or control of your Cryptocurrency, private keys, or wallet seed phrases
- All transactions are executed by you directly on-chain in your self-controlled wallet. Neither FatCat or the Platform act as a counterparty, broker, or agent in any transaction.
- Neither FatCat nor the Platform has control over the execution, settlement, or finality of trades conducted on third-party protocols and has no power to reverse or cancel any transaction.
You are solely responsible for ensuring that your use of the FatCat is compliant with all laws, regulations, and restrictions applicable to you as User. The Company cannot and does not guarantee that the Platform is lawfully available for use in your jurisdiction and shall not be liable for your breach of any applicable law.
2. Scope of Service and Access
2.1. Platform Description. The Platform provides a self-custodial software interface that enables Users to connect their own third-party compatible digital wallets and interact with decentralised protocols on the Solana blockchain. Through the Platform, Users may access these functionalities:
- Submitting market, limit, and DCA orders;
- Opening and managing perpetual positions;
- Viewing trading activity
The Platform functionality is provided by independent, third-party decentralised protocols and data providers, which are not owned or controlled by the Company and may be subject to separate terms and risks.
The Company reserves the right, at its sole discretion, to modify, update, or discontinue any aspect of the Platform’s information and functionality at any time, with or without prior notice. Any such changes may affect the scope, features, or performance of the Platform. Your continued use of the Platform after such modifications constitutes your acceptance of the updated information and functionality, as well as any revised Terms.
The Company may, at its sole discretion, deploy bug fixes, error corrections, patches, and other improvements that may materially alter the core functionality of the Platform ("Updates"). Any such Updates provided to you will automatically become part of the Platform`s services under these Terms.
2.2. Self-Custody and Wallets. To access certain features of the Platform, the User may be required to connect a compatible third-party digital Wallet. The Company does not create, issue, maintain, or provide Wallets. Wallets are provided by the independent third parties, and use of such Wallets is subject to their separate terms and conditions.
The Platform is a non-custodial interface. The User retains full control and the sole responsibility over their digital Wallets, private keys, seed phrases, and other credentials. The Company does not have access to, and cannot recover, a User’s private keys or seed phrases.
2.3. On-chain Transactions. All transactions initiated through the Platform are executed directly on the relevant blockchain network and require the User’s explicit approval and cryptographic signature. Once submitted and confirmed on-chain, transactions are final, irreversible, and cannot be modified, cancelled, or refunded by the Company.
Users acknowledge that:
- the Company does not and cannot control blockchain networks;
- transaction fees, slippage, liquidity conditions, and smart-contract execution outcomes form part of normal blockchain operation; and
- the Company has no ability to reverse, undo, or provide compensation for on-chain transactions.
2.4. Fees and pricing. FatCat may charge fees on certain transactions or interactions initiated by Users via the Platform. Any applicable fees will be presented to the User prior to execution of a transaction and will be included within the transaction submitted for signature.
Use of blockchain networks requires the payment of network, gas, validator, or protocol fees. These fees are determined by third-party providers, protocols and networks and are not controlled by the Company. Users are solely responsible for all such fees. Due to the irreversible nature of blockchain transactions, all fees, including transaction-based fees and network fees, are non-refundable to the maximum extent permitted by law.
The Company reserves the right to introduce, modify, update, or discontinue any fees at any time. Updated fees shall apply to transactions initiated after the change takes effect.
2.5. Referral Program. FatCat may, at its sole discretion, offer a referral program enabling Users to earn rewards based on the activity of referred users. Details of eligibility, reward calculation, distribution mechanisms, and terms will be published on the relevant pages of the Platform. A referrer is not an agent, intermediary, or representative of FatCat and their conduct does not constitute active solicitation to potential or existing users in any jurisdiction by or on behalf of FatCat. FatCat reserves the right to modify or terminate the referral program at any time without prior notice.
The Company reserves the right to amend, suspend, or terminate the referral program, or any User’s participation in it, at any time, including where fraudulent, abusive, multi-accounting, self-referral, bot-generated, or otherwise manipulative behaviour is suspected.
Referral rewards shall not be considered earned if obtained in violation of these Terms. The Company may withhold, cancel, claw back, or deny rewards if it determines, in its sole discretion, that a User has breached these Terms or applicable laws.
The Company may add, modify, restrict, or remove any feature or functionality, including experimental or beta features, at any time for legal, security, or operational reasons, without any liability to the Company, its affiliates, officers, employees, or contractors.
2.6. Information Accuracy. While the Company takes reasonable measures to ensure the accuracy of data displayed on the Platform, the interface and all Content are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, suitability, reliability, completeness, performance, or fitness of the Platform, its content or Service. You acknowledge that:
- The Company is not liable for any loss or damage arising from:
- Inaccuracies, delays, or omissions in the Content;
- Your inability to access the Platform;
- Transmission failures of instructions or notifications.
2.7. Acceptable Use Policy. By using the Platform, you represent and warrant to adhere to the following acceptable use guidelines. Your compliance with these provisions is a condition of your continued access to and use of the Platform:
- Lawful Use: You shall use the Platform exclusively for lawful purposes and in full compliance with these Terms, as well as all applicable local, state, national, and international laws and regulations. Your use of the Platformt does not violate any applicable laws or regulations in your jurisdiction.
- Preservation of System Integrity: You agree not to engage in any activity that may harm, disable, overburden, or otherwise impair the Platform’s infrastructure or its operation. This includes, but is not limited to, initiating any form of denial-of-service attack, distributing malware, or otherwise interfering with the performance of the Platform.
- Unauthorised Access Prohibition: You shall not attempt to gain unauthorised access to the Platform, its systems, networks, or any data or resources that you are not expressly permitted to access. Any such attempts may result in immediate legal actions.
- Compliance with Guidelines: You agree to comply with all usage guidelines, restrictions, and instructions provided by the Company from time to time, whether these are communicated via these Terms or through other official channels.
- No Endorsement and Preservation of Proprietary Notices: You agree not to imply that any of your statements or actions are endorsed by the Company unless expressly authorized, nor may you remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing on the Platform or related materials.
- Phishing and Scams: You are prohibited from creating fake websites, emails, or social media accounts mimicking Platform.
- Scraping Prohibition: You are strictly prohibited from using bots, crawlers, scripts, or other automated tools to extract, collect, or replicate data from the Platform without prior written consent. This includes bypassing technical safeguards (e.g., rate limits, CAPTCHA) or overloading our infrastructure. Violations may result in immediate termination of access and legal action under applicable laws.
- Reverse engineer or modify the Platform: You may not reproduce, distribute, modify, decompile, reverse engineer, disassemble, or create derivative works of any portion of the Platform or any software provided in connection with the Platform, except to the extent such restriction is expressly prohibited by applicable law.
- Anti-Money Laundering: You must not launder money, finance terrorism, evade sanctions, or make transactions with any sanctioned person, entity, wallet or jurisdictions using the Platform. The Cryptocurrency used by you are not derived from any illegal activities.
- Market Manipulation: You are prohibited from engaging in market abuse or manipulation, including wash trading, spoofing, layering, pump-and-dump, insider trading, front-running, back-running or any other conduct that undermines fair market practice.
- Independent Decision: You have sufficient understanding of the blockchain technology, Cryptocurrency, and smart contracts to appreciate the risks and make independent decisions involved in using the Platform.
Failure to comply with these acceptable use provisions may result in:
- Immediate suspension or termination of your access to the Platform;
- Technical measures (e.g., IP blocking, bot detection) to prevent further violations;
- Disclosure of your identity and activities to law enforcement, regulatory agencies, or harmed third parties.
- Civil claims for losses caused to the Company or third parties;
- Criminal prosecution under applicable laws; and
- Regulatory penalties for breaches of data protection, financial, or sanctions laws.
The Company reserves the right to recover all reasonable costs incurred in enforcing these Terms, including investigation fees, legal expenses, and damages.
3. Intellectual property rights.
3.1. Company’s ownership. The Platform, including any of its underlying software, models, interfaces, algorithms, indexes or other software developed by the Company, along with all associated features, functionality, copyright, trademark . tools and Intellectual Property Rights (collectively, “Company IP”), is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the Hong Kong Special Administrative Region and international jurisdictions. You acknowledge and agree that the Company IP and all related Intellectual Property Rights are the exclusive property of the Company and its licensors. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform.
3.2. Trademarks. The company name, the term "FatCat" the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans appearing on the Platform are the trademarks of their respective owners.
4. Advertising, Promotions, and Third-Party Links
4.1. Advertising. The Platform may display advertisements, banners, and pop-up messages from the Company and its affiliates or partners. By using the Platform, you consent to the display and delivery of such advertisements, which may change without notice. The Company does not endorse any third-party products or services featured in such advertisements.
4.2. Third-Party Links. The Platform`s Content may contain links to, or otherwise enable access to, third-party websites, resources, services, or content that are not owned, operated, or controlled by the Company. You acknowledge and agree that the Company has no control over, and does not endorse, monitor, verify, or assume any responsibility for:
- The availability, accuracy, legality, reliability, security, or business practices of such third-party websites, resources, or services;
- Any content, products, services, advertisements, or materials available on or through such third-party platforms;
- Any transactions, interactions, or disputes between Users and such third parties.
Access to third-party websites or services through the Platform`s Content is provided for convenience only and does not constitute an endorsement, partnership, or affiliation between the Company and any third party. User assumes all risks associated with accessing or using such third-party platforms, and the Company expressly disclaims any liability for any loss, damage, or harm that may arise from such use.
The Company shall not be responsible or liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to data loss, financial loss, reputational harm, or security breaches, resulting from the use of third-party websites, resources, or services. Users are advised to review the terms, policies, and practices of any third-party website or service before engaging with them.
5. Disclaimers and Limitation of Liability
5.1. Service Provided “AS IS.”. The Platform are provided on an "as is" and "as available" basis, without any express or implied warranties of any kind. To the fullest extent permitted by law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, title, or that the Platform’s Content will be accurate, error-free, uninterrupted, secure, or free of harmful components. Users are solely responsible for verifying any information obtained through the Platform before relying on it for any purpose.
5.2. No Guarantee of Uninterrupted Performance. We do not warrant that the Platform will be continuous, error-free, secure, or free of viruses, malware, or other harmful components. The Company shall not be liable for any service interruptions, including but not limited to system maintenance, technical failures, or force majeure events.
5.3. Limitation of Liability. To the maximum extent permitted by law, in no event shall the Company, its affiliates, officers, directors, employees, contractors, licensors, or agents be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenues, lost data, business interruption, reputational harm, loss of Cryptocurrency, or any other losses arising out of or in connection with:
- The use of, inability to use, or reliance on the Platform or its Content;
- Any inaccuracies, errors, or omissions in the Platform`s Content;
- Any third-party actions or services displayed on the Platform; or
- Any modifications, discontinuation, suspension, or termination of the Platform or its services.
This limitation applies regardless of the legal theory of liability, whether based on contract, tort (including negligence), strict liability, or any other cause of action, and whether or not the Company was advised of the possibility of such damages.
If, notwithstanding the foregoing, the Company is found liable for any claims arising from or related to the use of the Platform, the Company’s aggregate liability shall in no event shall exceed amounts paid by User to the Company for the prior 12 months, but in any case no more than USD 5,000.
5.4. Risk Acknowledgment. By accessing or using the Platform, you expressly acknowledge, accept, and assume all risks associated with software, blockchain, and cloud technology, including but not limited to:
- Internet, theft and Security Risks: Use of the Platform may expose you to cyberattacks or internet disruptions. Hackers or other groups or organisations may attempt to interfere with your Third-party Wallet, the Website or the availability of Digital Assets in any number of ways, including, without limitation, denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
- Third-Party Dependencies: The Platform relies on third-party services, and disruptions to these services may impair functionality.
- Content Visibility: The Company reserves the right to hide or restrict access to any part of the Platform affected by technical, legal, or operational issues.
- Operational Risk: Users are subject to operational risks, including potential software bugs, code errors, or exploits by malicious actors.
- No Financial, Legal, Investment or Tax Advice: The Content made available on the Platform is provided strictly for general informational purposes only. Nothing on the Platform constitutes, or should be construed as, financial, investment, legal, tax, or other professional advice. The Company does not provide any regulated, licensed, or authorized advice or services of any kind through the Platform. The Company is not a fiduciary to any User.
- No Reliance on Information: The Content on the Platform is non-exhaustive, may not be up to date, and is provided without consideration of your personal circumstances or objectives. The Company does not guarantee, and makes no representations or warranties, whether express or implied, regarding the accuracy, completeness, reliability, suitability, or timeliness of any Content. Users must not rely on any Content for financial, investment, legal, tax, or other decision-making purposes.
- Network Risk: Blockchain networks may experience congestion, downtime, forks, reorganizations, or attacks that affect transaction confirmation or display.
- Smart Contract Risk: Interactions with blockchain may rely on third-party smart contracts, DEXs, liquidity pools, and protocols which may contain vulnerabilities or fail, resulting in loss of assets, including Cryptocurrency. The Company does not control or audit such third-party smart contracts, DEXs, liquidity pools, and protocols
- There is no representation or warranty that access to the Platform will be continuous, uninterrupted, timely, or secure; that the information contained in the Platform will be accurate, reliable, complete, or current; or that the Platform will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement made in connection with the Interface should be treated as creating any warranty concerning the Interface. There is no endorsement, guarantee, or assumption of responsibility for any advertisements, offers, or statements made by third parties concerning the Platform. The Company and its affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise, including any warranty that the Platform will be uninterrupted, free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, the Company and its affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
You irrevocably waive any claims against the Company arising from these risks. This list is not exhaustive, and additional risks may exist as described elsewhere in these Terms.
6. SECURITY
6.1 You will implement reasonable and appropriate measures designed to secure access to:
(i) any device associated with the email address associated with your account with the Platform;
(ii) private keys required to access Solana or other similar blockchain network addresses; and
(iii) your username, password and any other login or identifying credentials of the Platform.
6.2
In case you suspect a security breach in any of the above-mentioned, you will inform us immediately so we can take all required and possible measures to secure your account, the Website, the Interface Platform and systems as a whole.
6.3
In the event that you are no longer in possession of any device associated with your account or are not able to provide your login or identifying credentials to the Platform, we may not be able to grant access to your account.
7. Indemnification. You agree to indemnify, defend and hold harmless the Company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party while using Platform.
8. Modification and Termination of Access.
8.1. Modification to Terms. The Company reserves the exclusive right to amend these Terms at any time. The amended Terms will be published on the Platform website at https://fatcatbot.io/terms-of-use with a revised "Last Updated" date in the header. Continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. We recommend that you review these Terms periodically.
8.2. Suspension and Termination. The Company reserves the right to immediately suspend or terminate your access to the Platform, including by blocking specific wallets, IPs, devices or jurisdictions, without prior notice and at its sole discretion, if we have reasonable grounds to suspect that you have:
● Violated the Acceptable Use Policy;
● Engaged in any illegal activities using the Platform; or
● Violated these Terms in any other way. Upon termination, your right to use the Platform will immediately cease, but all disclaimers, limitations of liability, and indemnification obligations, as specified in Clause 5 and Clause 6 shall survive.
9. Governing Law, Jurisdiction, and Dispute Resolution
9.1. Governing Law. These Terms and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the Republic of Panama, subject to any mandatory consumer protection laws of your country of residence that may require otherwise.
9.2. Initial Negotiations. In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform, both parties (i.e., you and the Company) agree to first attempt to resolve the matter through good faith negotiations. The party initiating the dispute shall provide a notice in writing to the other party, and both parties shall have thirty (30) days to reach an amicable settlement.
9.3. Mediation. If a resolution cannot be reached through negotiation, both parties agree to submit the dispute to mediation. The mediator shall be chosen by mutual agreement. If you and the Company are unable to agree on a mediator within fifteen (15) days, the Company will appoint a mediator on behalf of both parties. Mediation is intended to be a non-binding process aimed at facilitating an amicable resolution.
9.4. Arbitration. If the matter remains unresolved following mediation, any dispute, controversy, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, shall be referred to and finally resolved by arbitration administered by the Centro de Conciliación y Arbitraje de Panamá(CeCAP) in accordance with the Arbitration Rules of CeCAP in force at the time of the arbitration, which Rules are deemed incorporated by reference.
The seat of arbitration shall be Panama City, Republic of Panama, and the language of the arbitration shall be English.
To ensure cost-efficiency of the procedure:
● the tribunal shall consist of a sole arbitrator.
● the arbitration may, if appropriate, proceed on a documents-only basis without a hearing, or be conducted through online or remote hearings as determined by the tribunal.
● if the amount in dispute does not exceed USD 1 million, or if otherwise appropriate, the dispute shall be conducted under the provisions of the CeCAP Rules.
All arbitration proceedings and any awards (if any) shall remain strictly confidential except as required to enforce an award or comply with applicable law.
9.5. Time Limit for Claims. To the maximum extent permitted by law, any claim or cause of action arising from or relating to these Terms or the use of the Platform must be initiated within one (1) year from the date the cause of action arises. If a claim is not brought within this timeframe, it shall be deemed permanently waived and barred. This clause does not apply where a longer limitation period is mandatorily imposed by applicable consumer protection laws.
10. Notices. Any notices or communications permitted or required under these Terms must be provided in writing by the Company. Such communications may be delivered by:
● sending an email to the address you have provided to our customer support; or
● delivery through other appropriate communications platforms, including Telegram; or
● posting directly on the Platform or the Site.
For any notice sent via email or any digital platform, the date on which the communication is transmitted shall be deemed the date of receipt.
11. Additional Provisions
11.1. Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or for any reason unenforceable, in whole or in part, such provision shall be severed or modified to the maximum extent permitted under applicable law to reflect the parties’ intent, and the remaining provisions shall continue in full force and effect.
11.2. Entire Agreement. These Terms, together with the Privacy Policy and any other documents expressly incorporated herein, constitute the entire agreement between you and the Company regarding the use of the Platform and supersede all prior agreements or understandings between you and the Company (if any) Materials, such as Announcements, Project Plan, Development Road Map and others, published in the Platform Site, social media including Discord, X, and Telegram, or elsewhere, are not binding and unless explicity referred to herein, do not form part of these Terms, and are of descriptive nature only.
11.3. Assignment. The Company may assign or transfer these Terms, or any of its rights or obligations hereunder, in whole or in part, without your notice or consent. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
11.4. Waiver. The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of the Company’s right to enforce such provision or any other provision.
11.5. Class Action Waiver. To the maximum extent permitted by applicable laws, you agree that any dispute resolution proceedings, whether in arbitration or in court, will be conducted solely on your individual basis and not in a class, consolidated, or representative action. You expressly waive your right to participate in any class action proceedings or class-wide arbitration against the Company, or any of its affiliates or personnel.
11.6. Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
11.7. Tax Obligations. You are solely responsible for determining what, if any taxes apply to transactions facilitated through the Platform. It is not the responsibility of the Company to determine, account for, report, or remit any taxes arising from any Cryptocurrency transactions.
11.8. No Fiduciary Relationship. These Terms are not intended to, and do not, create or impose any fiduciary duties on the Company or any of its affiliates or personnel. You acknowledge and agree that the Company owes no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist in law or in equity, you agree that such duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further acknowledge and agree that the Company owes no duties or obligations to except as expressly set out in these Terms.
12. Contact and Support
12.1. Support. By default, all support inquiries relating to the Company shall be sent to either of the following email addresses: help@fatcatbot.io or fatcat@fatcatbot.io The Company does not guarantee a specific response time but will use reasonable endeavors to address your enquiries.
12.2. Feedback. Any feedback, suggestions, or ideas you provide regarding the Platform may be used by the Company for any purpose, including improving the Platform without any compensation or obligation owed to you. You hereby grant the Company a perpetual and irrevocable license to use such feedback, suggestions, or ideas.
