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Terms of Service

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These Terms govern your use of ENGAGEX, operated by Engagex Global LLC. They explain what the service is and is not, who can use it, and how disputes are resolved. They include binding arbitration and a class waiver.

1. About these Terms

1.1

These Terms of Service (the Terms) are a binding agreement between you and Engagex Global LLC, with its address at 1309 Coffeen Avenue, Wyoming 82801, USA (ENGAGEX, we, us or our).

1.2

The Terms apply to the ENGAGEX website, the dashboard and every related service we provide (together, the Service). By connecting a wallet, submitting KYC information, taking a policy or otherwise using the Service, you accept the Terms. If you do not accept them, do not use the Service.

1.3

These Terms contain a binding arbitration agreement and a class action waiver. They affect how disputes with us are resolved. Please read them carefully.

1.4

The following documents form part of your agreement with us and are incorporated into these Terms:

1.5

If these Terms conflict with the Assurance Policy Wording on a matter concerning a policy, the Assurance Policy Wording prevails. If the Assurance Policy Wording conflicts with the Claims Policy on the handling of a claim, the Claims Policy prevails on procedure and the Assurance Policy Wording prevails on what is covered.

2. Definitions

2.1

In these Terms, the following words have the meanings below:

  • Assured Amount means the whole US dollar amount you enter for a Policy, from USD 100 to USD 100,000 per Policy.
  • Dashboard means the signed-in area of the Service where you connect a wallet, complete KYC, create Policies and file claims.
  • Insured Wallet means the one wallet that took out a Policy by calling the Smart Contract.
  • Smart Contract means the ENGAGEX Assurance smart contract on BNB Smart Chain (chain id 56) at address 0x89d589812f78e1508fd901a860e06fd636bc041f.
  • KYC means the identity verification process described in the KYC and AML Policy.
  • Policy means an Assurance Policy Contract between you and Engagex Global LLC, on the terms of the Assurance Policy Wording.
  • Premium means the amount payable in USDT to the Smart Contract to take a Policy.
  • Supported Partner means a dapp, protocol or contract on the supported partner list published in the Dashboard.
2.2

Words such as “including” mean “including without limitation”. Headings are for convenience only and do not affect meaning. A reference to “in writing” includes email and notices delivered through the Dashboard.

3. What ENGAGEX is, and what it is not

3.1

ENGAGEX is a third-party assurance provider for smart contract and wallet risk. Through the Service, you can create a Policy that is valid for 365 days (one year) from purchase. If you submit a claim within that period and Engagex Global LLC verifies that a covered event really happened, it will pay your verified loss, up to the Assured Amount, on the terms of the Assurance Policy Wording.

3.2

Every claim is verified before it is paid. ENGAGEX reviews each claim to verify that it is genuine. Within 30 days of a claim being submitted, our team tells you the outcome or any issues found. Payment is made only after the claim is verified and your KYC and wallet checks are passed. Unverified, false or unsupported claims are not paid.

3.3

ENGAGEX is not holding itself out as a licensed insurance carrier. A Policy is an assurance contract between you and Engagex Global LLC. It is not offered as a policy of insurance issued by a licensed insurance carrier, and you should not assume that any insurance regulation, guarantee fund or compensation scheme applies to it.

3.4

The availability of the Service may be limited, or the Service may not be offered at all, in places where local law requires a licence for it. See the section on sanctions and restricted jurisdictions.

3.5

A Policy is a contract between you and Engagex Global LLC, recorded on-chain by the Smart Contract, with the legal terms set out in these published documents. The Smart Contract records Policies. It does not pay claims, which are handled off-chain by Engagex Global LLC under the Claims Policy. A Policy is not a token, security, deposit, investment product or savings product. It has no resale value and cannot be traded.

3.6

ENGAGEX does not hold your private keys, and we cannot move funds out of your wallet. The only funds we control are Premiums, which stay in the Smart Contract until the contract owner or an authorised fund manager moves them. They are not held in trust and are not segregated. We will never ask for your seed phrase or private key. Treat any request for them as an attempted fraud.

4. Eligibility

4.1

To use the Service and hold a Policy, you must:

  • be 18 or older;
  • have the legal capacity to enter into a binding contract;
  • complete KYC for the wallet you want to protect. You can buy a Policy before KYC is approved, but the Policy becomes active for claims only once your KYC is approved;
  • have sole control of that wallet and its private keys;
  • not be a person who is the target of sanctions, or owned or controlled by such a person, and not be located in a jurisdiction where the Service is restricted; and
  • not have been barred from the Service by us.
4.2

You may use the Service only on your own behalf, unless we have agreed otherwise in writing. Information you provide must be true, accurate and current. You must correct it in the Dashboard or through support if it changes.

4.3

We may refuse any application, KYC submission or Policy where we reasonably consider that these eligibility requirements are not met, or where the law or our risk controls require it.

5. Wallet connection and Dashboard security

5.1

You access the Dashboard by connecting a wallet. The wallet connection is provided by a third-party service, Reown. Connecting a wallet shows us your public wallet address. It does not give us control of your wallet.

5.2

You are responsible for the security of your wallet, private keys, seed phrase, device and mobile number. Any action taken through a session started with your connected wallet is treated as your action, including taking a policy and filing a claim.

5.3

Before you sign, approve or submit anything, read what your wallet shows you and confirm that you are on the genuine ENGAGEX site. Signatures and on-chain transactions generally cannot be undone.

5.4

If you think your wallet or session has been compromised, stop using the wallet and contact support@engagex.life without delay. If the event may be a covered event, also follow the Claims Policy. A claim must be submitted within the 365 day Policy Period.

6. Creating a Policy

6.1

A Policy is created when the insured wallet calls takePolicy on the Smart Contract on BNB Smart Chain (chain id 56). In the Dashboard, you connect the wallet, enter an Assured Amount, tick acceptance of the terms and submit the transaction. A wallet can also call the Smart Contract directly without using the website.

6.2

You agree that the transaction is your record of acceptance, has the same effect as a handwritten signature, and shows your acceptance of these Terms and the Assurance Policy Wording. There is no separate wallet signature of a policy agreement. Signing in to the Dashboard still uses a wallet signature, which is unrelated. You agree that on-chain records of the transaction are valid evidence of it.

6.3

The Policy is valid for 365 days (one year) from the block time of the transaction, and the start and end time stored in the Smart Contract are the authoritative record of validity. The Policy becomes active for claims only once your KYC is approved, and no claim can be submitted or paid before then. The 365 day period still ends 365 days after purchase. All details of covered events, the Benefit, exclusions and cancellation are in the Assurance Policy Wording. Nothing on our marketing pages adds to or changes that wording.

7. Premium and payments

7.1

The Premium is 2.5% of the Assured Amount. This is an introductory offer available to every wallet. We may change it for future Policies on notice. We will never change the Premium for a Policy in force.

7.2

The Premium is paid once, in BEP-20 USDT on BNB Smart Chain (token contract 0x55d398326f99059fF775485246999027B3197955), from the Insured Wallet to the Smart Contract, in the same transaction that creates the Policy. You must check the amount before you approve the transaction. A payment from another wallet, in another asset, or by another route is not a valid Premium payment.

7.3

Premiums stay in the Smart Contract until the contract owner or an authorised fund manager moves them. They are not held in trust and are not segregated.

7.4

You are responsible for network gas, paid in BNB, and for any taxes that apply to your payments or to any amount you receive from us.

7.5

A Policy is final once the purchase transaction is confirmed. The Premium is non-refundable and there is no cooling-off period, as described in the Assurance Policy Wording.

8. Acceptable use

8.1

You must not, and must not help anyone else to:

  • give false, misleading or incomplete information, or use another person’s identity or documents;
  • file a false or exaggerated claim, or stage or collude in an incident;
  • use a VPN, location spoofing tool or other method to hide your real location or to get around a restriction on the Service;
  • use the Service for money laundering, terrorist financing, sanctions evasion or any other crime;
  • probe, scan, attack or disrupt the Service, or try to get around any security or access control in it;
  • scrape the Service, or use bots or other automated tools to access it, unless we have agreed in writing;
  • copy, reverse engineer or resell the Service, except where the law gives you a right to do so; or
  • use the Service in a way that breaks any law that applies to you.
8.2

We may investigate suspected breaches and may suspend access while we do so, as set out in the section on suspension and termination.

9. Supported Partners and third-party services

9.1

The supported partner list is shown in the claim form in the Dashboard. We may add or remove Supported Partners at any time. The Assurance Policy Wording explains how listing affects a Policy.

9.2

Listing a partner is not an endorsement, audit, recommendation or statement that it is safe. We do not operate Supported Partners, and we do not control their code, operators or decisions.

9.3

The Service depends on third-party software and networks, including wallets, blockchain networks, wallet connection providers and hosting providers. We are not responsible for those third parties, and your use of them may be subject to their own terms.

10. No advice

10.1

Nothing in the Service is financial, investment, legal, tax or accounting advice, and nothing in it is a recommendation to buy, hold, sell or use any digital asset, dapp or protocol. You should take your own independent advice where you need it.

10.2

You are solely responsible for deciding whether a Policy suits you, and which Assured Amount to choose. Read the Risk Disclosure before you do.

11. Intellectual property

11.1

The Service, including its software, design, text, logos and the ENGAGEX name, belongs to us or our licensors. We give you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Service for its intended purpose while you comply with these Terms.

11.2

You keep ownership of the material you submit, such as evidence files. You give us a licence to store, copy, review and share that material as needed to run the Service, investigate claims and meet legal obligations, in line with the Privacy Policy.

11.3

If you send us feedback, we may use it without restriction and without any obligation to you.

12. Sanctions and restricted jurisdictions

12.1

You represent, each time you use the Service, that neither you nor any person who owns or controls you, nor the Insured Wallet or the source of its funds, is the target of economic or trade sanctions imposed under any sanctions law that applies to you or to us.

12.2

We may treat a jurisdiction as restricted, in whole or in part, where sanctions law prohibits us from dealing with it, or where we consider that offering the Service there would require a licence, authorisation or registration that we do not hold, or would otherwise break local law. Where a jurisdiction is restricted, this is applied at KYC, at checkout or in the Dashboard.

12.3

We may use the country, state, precise device location and IP address you provide through KYC to apply these restrictions. If you move to a restricted jurisdiction, you must tell us and stop using the Service.

12.4

We are not required to perform any obligation, including paying a Benefit or a refund, where doing so would break sanctions law or any other law that applies to us. Where the law allows, we will tell you if this happens.

13. Disclaimers

13.1

Our obligations under a Policy are set out in the Assurance Policy Wording. Apart from those obligations, the Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

13.2

We do not warrant that the Service will be uninterrupted, timely, secure or free of errors, or that any information in it is complete. A Policy does not prevent hacks, losses or other incidents. It only provides a contractual payout, after verification, if its terms are met.

14. Limitation of liability

14.1

Nothing in these Terms limits or excludes liability for fraud, or any other liability that cannot lawfully be limited or excluded. Your rights under mandatory consumer protection law, if any apply to you, are not affected.

14.2

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profits, revenue, goodwill, data, opportunity or anticipated gains, however caused and even if we were told it might happen.

14.3

To the fullest extent the law allows, our total liability to you is limited as follows:

  • for a claim under a Policy, to the Benefit payable under that Policy, which can never exceed its Assured Amount in aggregate; and
  • for any other claim relating to the Service, to the total Premium you paid us in the 365 days before the claim arose.
14.4

We are not liable for failure or delay caused by events beyond our reasonable control, including blockchain network failures, attacks on third parties, outages of service providers, changes in law and acts of government.

15. Indemnity

15.1

You agree to indemnify and hold harmless Engagex Global LLC and its members, managers, officers, employees and agents against any claims, losses, liabilities, costs and reasonable legal fees arising from:

  • your breach of these Terms or of any document they incorporate;
  • any false statement or false document you provide;
  • any fraud or collusion by you, or by anyone acting with you; and
  • your breach of any law or of the rights of a third party.
15.2

We may take control of the defence of any matter covered by this indemnity. You must cooperate with us, and you must not settle such a matter without our written consent.

16. Suspension and termination

16.1

You may stop using the Service at any time. Doing so does not cancel a Policy or entitle you to a refund, except as stated in the Assurance Policy Wording.

16.2

We may suspend or end your access to all or part of the Service, with or without notice, if:

  • you breach these Terms or any document they incorporate;
  • your KYC is rejected, expires or is withdrawn, or we reasonably doubt that it is accurate;
  • we suspect fraud, collusion, money laundering or a sanctions issue;
  • the law, a court or a competent authority requires it; or
  • we reasonably need to do so to protect the Service, our users or our company.
16.3

We may also withdraw the Service, in whole or in part, by giving reasonable notice. A Policy in force at that time continues to its end date, unless it is terminated under the Assurance Policy Wording or the law prevents us from continuing it.

16.4

Sections that by their nature should survive termination will do so, including those on fees, liability, indemnity, governing law, arbitration and recovery rights. We keep records as described in the Privacy Policy.

17. Changes to these Terms

17.1

We may change these Terms and the documents they incorporate. We will post the updated version with a new “Last updated” date and, for material changes, will give notice through the Service.

17.2

Changes apply from the date stated in the notice. If you continue to use the Service after that date, you accept the changes. If you do not accept them, stop using the Service.

17.3

A Policy in force stays on the Assured Amount, Premium and policy term you agreed when it was taken. We will not reduce the cover of a Policy in force by changing these documents, unless the law requires it.

18. Governing law

18.1

These Terms, every Policy and any dispute arising from them or from the Service are governed by the laws of the State of Wyoming, USA, without regard to its conflict of laws rules.

18.2

If the law of the place where you live gives you a mandatory right that cannot be waived by contract, nothing in these Terms removes that right.

19. Binding arbitration and class waiver

19.1

Informal resolution first. Before you or we start arbitration, the party raising the dispute must send a written description of it to the other, and both must try in good faith to resolve it. Notices to us go to support@engagex.life. Arbitration may start if the dispute is not resolved within 30 days of that notice.

19.2

Binding arbitration. You and ENGAGEX agree that any dispute, claim or controversy arising from or relating to these Terms, any Policy or the Service, including whether a matter is subject to arbitration, will be resolved only by final and binding arbitration, not in court. You and we each give up the right to a trial by jury or a judge.

19.3

Procedure. The arbitration will be conducted by one neutral arbitrator under the commercial arbitration rules of a recognised arbitration provider chosen by agreement or, if you and we cannot agree, appointed by a court of competent jurisdiction in Wyoming. The seat of arbitration is Wyoming, USA. Hearings may be held by video conference or on documents alone, unless the arbitrator decides otherwise. The Federal Arbitration Act governs this agreement to arbitrate. Judgment on the award may be entered in any court with jurisdiction.

19.4

Class waiver. You and ENGAGEX may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine the claims of more than one person, and may award relief only for the individual party bringing the claim.

19.5

Exceptions. Either party may bring an individual claim in small claims court if it qualifies there. Either party may also ask a court for urgent injunctive relief to protect intellectual property or to stop fraud or misuse of the Service.

19.6

Severability. If the class waiver is found to be unenforceable for a particular claim, that claim must proceed in a court of competent jurisdiction in Wyoming, and the rest of this section continues to apply to all other claims. Any other part of this section found to be unenforceable is severed, and the remainder continues to apply.

20. General

20.1

Notices. We may give you notice through the Dashboard, on the site or by using the contact details you gave us. You may give us notice at support@engagex.life.

20.2

Assignment. You may not transfer your rights or obligations under these Terms or any Policy without our written consent. We may transfer ours to an affiliate or to a successor to our business, provided that your rights under a Policy in force are not reduced.

20.3

Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and us about the Service, and replace any earlier statements on that subject.

20.4

Severability and waiver. If any provision is found to be unenforceable, the rest stay in effect. A failure to enforce a right is not a waiver of it.

20.5

No third-party rights. Nobody other than you and ENGAGEX has any right under these Terms, except the persons protected by the indemnity above.

21. Contact

21.1

Questions about these Terms can be sent to support@engagex.life or by post to Engagex Global LLC, 1309 Coffeen Avenue, Wyoming 82801, USA.