Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of all data and API services (our “Services”) provided by Zealous Markets, Corp. (“Company,” “we,” or “us”).

1. Eligibility

You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using any of our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.

2. Account Registration

You must create an account with Company to access the Zealous Markets Services (“Account”). When you create an Account, you agree to:

• create a strong password that you do not use for any other website or online service;
• provide accurate and truthful information;
• maintain and promptly update your Account information;
• maintain the security of your Account by protecting your Account password and restricting access to your computer and your Account;
• promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and
• take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.

3. Discontinuance of Services

We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

4. Assumption of Risk

You acknowledge and agree that there are risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account.

You acknowledge and agree that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. Company takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including, but not limited to, any losses, damages or claims arising from:

• passwords being “Bruteforced”,
• server failure or data loss,
• forgotten passwords,
• corrupted wallet files,
• incorrectly constructed transactions or mistyped wallet addresses; or
• unauthorized access to mobile applications,
• “phishing,” viruses, third-party attacks or any other unauthorized third-party activities,
• inaccurate data returned for a query of any type or data that is flawed because of a bug or code defect.

5. Third-Party Services and Content

In using our Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

Our website and services may feature links to third-party platforms or services that are affiliate in nature. This means we may receive a commission, incentive, or other form of compensation from the third party. We are not responsible for the content, security, accuracy, or practices of any external sites or services, whether affiliated or not.

6. Acceptable Use

When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. You must not:

• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users;
• Use our Services to engage in any illegal activities;
• Use any robot, spider, crawler, scraper or other automated means not provided by us;
• Engage in the reproduction of any content without our prior consent;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content filtering techniques we employ;
• Introduce any virus, trojan worms, logic bombs or other harmful material;
• Develop any third-party applications that interact with our Services without prior written consent;
• Provide false, inaccurate, or misleading information;
• Use any data obtained through Zealous Markets for the purpose of informing trading decisions of any party you may advise.

7. User-Generated Content

You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service. We have the right (though not the obligation) to refuse or remove any User-Generated Content that violates any Zealous Markets terms or policies.

You grant us and our legal successors the right to store, parse, and display your content, and make incidental copies as necessary to render the Website and provide the service. You retain all moral rights to Your Content.

Zealous Markets does not act as a custodian, trustee, fiduciary, agent, or representative for any user. At no point does Zealous Markets have possession of, access to, or control over any user's digital assets, private keys, seed phrases, or blockchain wallets.

8. Copyrights and Intellectual Property Rights

Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services are the proprietary property of Company or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.

Zealous Markets respects the intellectual property rights of others and operates in full compliance with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”).

9. Trademarks

“Zealous Markets” the Company logo, and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.

10. Suspension; Termination

We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including in the event that you breach any term of these Terms.

11. Cookie Statement

This site uses cookies. Cookies are small text files that are placed on your computer by websites that you visit. Information collected from cookies is used by us to evaluate the effectiveness of our Site, analyze trends, and manage the platform. Your continued use of this site will be interpreted as your consent to cookies being stored on your device.

12. Privacy Policy

Please see our detailed Privacy Policy.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

14. Disclaimer of Intellectual Property

To the maximum extent permitted by applicable law, Zealous Markets does not claim any ownership rights in any third-party intellectual property. Any display, reference, or use of third-party intellectual property through our Services is for informational purposes only.

15. Limitation of Liability

IN NO EVENT SHALL COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND. IN THE EVENT THAT THE COMPANY IS FOUND LIABLE TO YOU, ANY SUCH LIABILITY SHALL NOT EXCEED THE FEES YOU PAID TO THE COMPANY FOR A PERIOD OF TWO MONTHS, OR $2,000.00, WHICHEVER IS LOWER.

16. Indemnity

You agree to defend, indemnify and hold harmless our Company from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to: your access or use of our Services; any Feedback you provide; your violation of these Terms; your violation of any rights of any other person or entity; or any breach of our Intellectual Property Disclaimer.

17. Miscellaneous

These Terms contain the entire agreement between the parties regarding the Services. We reserve the right to make changes from time to time. Your continued use of the Services following the effective date of such changes will constitute your acceptance.

You and Zealous Markets agree to resolve any claims through final and binding arbitration. Class arbitrations, class actions, and representative actions are prohibited. The laws of the State of New York shall govern these Terms.