Terms of use

Infrared Development Inc. ("Infrared", "we", "us" and "our") provides the services herein (including but not limited to the Infrared Finance App) (the "Services") for your use subject to the following terms of use (the "Terms"). We reserve the right to modify the Terms from time to time. If we make any changes to the Terms, we will change the "UPDATED" date above and will post the updated Terms on this page.

Your continued use of the Services constitutes your acknowledgement of, acceptance of, and agreement to the revised Terms. You agree to periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. We will indicate at the top of this page the date these terms were last revised. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services.

Additional terms and conditions may apply to certain Services provided by Infrared, and you agree that you shall be subject to any additional terms applicable to such Services that may be posted on our websites or otherwise made available to you from time to time. All such terms are hereby incorporated by reference into these Terms.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THE SERVICES MAY CONTAIN CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT INFRARED SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE INCUR AS A RESULT OF ANY EXPOSURE TO SUCH CONTENT. YOU USE THE SERVICES AT YOUR OWN RISK.

USE OF THE SERVICES BY PERSONS WHO ARE CURRENTLY OR ORDINARILY LOCATED OR RESIDENT IN THE UNITED STATES OR ON ANY LIST OF PROHIBITED OR RESTRICTED PARTIES (INCLUDING BUT NOT LIMITED TO THE LISTS MAINTAINED BY THE UNITED NATIONS SECURITY COUNCIL, THE U.S. GOVERNMENT, THE EUROPEAN UNION OR ITS MEMBER STATES, OR OTHER APPLICABLE GOVERNMENT AUTHORITY) OR A CITIZEN OR ENTITY ORGANIZED OR RESIDENT IN A COUNTRY OR TERRITORY THAT IS THE SUBJECT OF COUNTRY-WIDE OR TERRITORY-WIDE SANCTIONS (INCLUDING WITHOUT LIMITATION CUBA, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, THE CRIMEA, DONETSK, AND LUHANSK REGIONS, IRAN OR SYRIA) IS STRICTLY PROHIBITED, REGARDLESS OF THE USER’S IP ADDRESS. UTILIZING A VIRTUAL PRIVATE NETWORK OR OTHER METHOD TO CONCEAL A USER’S RESIDENCE IS ALSO STRICTLY PROHIBITED AND MAY RESULT IN PERMANENT BLOCKING OF USE OF THE SERVICES IN CONNECTION WITH BLOCKCHAIN ADDRESSES SUSPECTED OF BEING TIED TO A RESTRICTED RESIDENCE.

1. Jurisdiction; Arbitration

You agree that the laws of Panama, without regard to the principles of conflict of laws, govern these Terms. You and we agree that any dispute arising out of or related to these Terms or the Services is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding. Except for disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive all rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, either party may submit the dispute to binding arbitration administered by the Centro de Conciliación y Arbitraje de Panamá Centre ("CeCAP") or, under the limited circumstances set forth above, in court. All disputes submitted to the CeCAP will be resolved through confidential, binding arbitration before one arbitrator (the "Arbitrator"). The place of arbitration shall be Panama unless the parties agree otherwise and shall be conducted under CeCAP’s Arbitration Regulation (the "CeCAP Rules"). The language to be used in the arbitral proceedings shall be English. The most recent version of the CeCAP Rules are available on the CeCAP website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the CeCAP Rules or waive your opportunity to read the CeCAP Rules and waive any claim that the CeCAP Rules are unfair or should not apply for any reason. The Arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The Arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The Arbitrator, Infrared, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The Arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. You and Infrared agree that for any arbitration you initiate, you will pay the filing fee and all other CeCAP fees and costs. For any arbitration initiated by us, we will pay all CeCAP fees and costs. You and we agree that the courts of Panama have exclusive jurisdiction over the enforcement of an arbitration award. Any claim arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred.

2. Eligibility

Age: The Services are intended solely for users of sound mind who are 18 years of age or older. Any registration by, use of or access to the Services by anyone under 18 is unauthorized and in violation of these Terms. By using the Services, you represent and warrant that you are 18 years of age or older.

Business Entities: If you are a business entity, you are duly organized, validly existing, and in good standing in the jurisdiction in which you are organized, and additionally have all necessary authorization for a business entity of your type to carry on your business as you are so now doing.

Knowledge: You are knowledgeable, sophisticated, and experienced in using and evaluating blockchain-related technologies. You have conducted your own independent investigation and analysis of the Infrared ecosystem and the other matters contemplated by these Terms, and have not relied upon any statement, omission, information, representation or warranty, express or implied, written or oral, made by or on behalf of us in connection therewith. The sites are only being provided as an aid to your own
independent evaluation and research of the Infrared ecosystem and no warranty or representation is being made as to the accuracy or completeness of information on the sites.

3. Certain Uses and Risks of Blockchain Technology

Cryptography: Code cracking or other technical advances may present risks, including the theft, loss or inaccessibility of tokens or other cryptographic assets.

Third-Party Software Dependencies: The site may utilize APIs, middleware and servers of third parties, and we do not guarantee the continued accuracy, maintenance, availability or security of any of the such dependencies.

Asset Prices: Cryptocurrency prices are often subject to dramatic fluctuations and may be highly volatile. A large portion of demand is generated by investors and speculators. The market value may decline below the price for which a user acquires such an asset. The user acknowledges and agrees that transaction speeds and costs are variable and may fluctuate dramatically at any time, resulting in prolonged inability to access or use any tokens.

Keys: Users are solely responsible for the safekeeping of their private keys. We will not be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise, as well as accidental transactions.

Regulatory Environment: We may be adversely impacted by one or more regulatory or legal claims, actions, inquiries, suits, investigations, fines or judgments, which could impede or limit the ability of you to continue to use the Services.

Experimental Blockchain Technology: We and other third parties utilize experimental cryptographic technologies. You acknowledge and agree that such technologies are experimental, speculative, and novel, and that therefore there is uncertainty regarding the effects, operations, risks thereof and the application of existing law thereto.

Smart Contracts: Smart contracts typically cannot be modified, or can only be modified in limited ways. In the event that Infrared ecosystem smart contracts or blockchain systems are adversely affected by defects, malfunctions, bugs, hacking, theft, attacks, negligent coding or design choices, or changes to the applicable protocol rules, you may be exposed to a risk of total loss and/or forfeiture of all related digital assets. We assume no liability or responsibility for any of the foregoing matters.

Forks: All tokens may be subject to "forks." We may not be able to anticipate, control or influence the occurrence or outcome of forks, and do not assume any liability, risk, or obligation in connection therewith. We do not assume any responsibility to notify a user of threatened, pending, or completed forks. We will respond (or refrain from responding) to any forks in such manner as we determine in our sole discretion, and shall not have any duty, liability, or obligation to a user if such response (or lack of such response) acts to a user’s detriment. Each user assumes full responsibility to independently remain informed about possible forks, and to manage their own risks and interests in connection therewith.

4. Taxes

Cryptocurrency-related tax law may vary by jurisdiction and may be adversarial to you. We have undertaken no due diligence or investigation into such tax consequences, and assume no liability or obligation to optimize the tax consequences to any person. We are not and should not be construed to be providing any tax advice.

5. Liabilities

5.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, INFRARED MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF INFRARED ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND INFRARED EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, INFRARED DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES, THE SERVICES OR INFRARED MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFRARED DOES NOT GUARANTEE THAT ANY ACTION WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT INFRARED WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY INFRARED AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZATION BY INFRARED; (G) ANY CHANGE IN VALUE OF ANY CRYPTOASSET, (H) ANY CHANGE IN LAW, REGULATION, OR POLICY (I) SERVER FAILURE OR DATA LOSS (J) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF THE BLOCKCHAIN, ANY COMPUTER OR CRYPTOASSET NETWORK (INCLUDING ANY WALLET PROVIDER), INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, DOUBLE-SPEND ATTACKS, GOVERNANCE DISPUTES, REPLAY ATTACKS, SYBIL ATTACKS, 51% ATTACKS, MINING DIFFICULTY, HACKING, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, OR CYBERSECURITY BREACHES; AND (K) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY INFRARED.

THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

5.2 Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INFRARED, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF INFRARED AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF INFRARED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF INFRARED’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF INFRARED, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF INFRARED AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF US$25.

5.3 Force Majeure

We shall not incur any penalty or liability for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within our control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the disruption, unavailability, or malfunction of the Internet, any other pertinent electronic network, any blockchains or smart contracts, or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other networks, software, and infrastructure that enables us to provide these sites). It is understood that we shall use commercially and financially reasonable efforts, to resume performance as soon as reasonably practicable under the circumstances.

5.4 No Financial Advice

Infrared is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. No communication or information provided to you by Infrared is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Infrared does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Infrared will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Infrared.

5.5 Indemnification

You agree to indemnify and hold harmless Infrared, their affiliates, contractors, licensors, and their respective directors, officers, employees, contractors, representatives, advisors and agents (the "**Indemnified Parties**") from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Services. If you are obligated to indemnify the Indemnified Parties pursuant to these Terms, Infrared will have the right, in its sole discretion, to control any action or proceeding and to determine whether Infrared wishes to settle, and if so, on what terms.

6. Access and Use of the Services

Registration is not required to view content on the Services, but even unregistered users are bound by these Terms. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable freely revocable license to use the Services solely for your own internal purposes and in accordance with the documentation for the Services. Infrared reserves all rights not expressly granted herein in the Services and the Infrared Content (as defined below). Infrared may terminate this license at any time for any reason or no reason.

7. Copyright/Repeat Infringement

Infrared will respond to reports of copyright infringement, allegations concerning the unauthorized use of a copyrighted video, image, or other file uploaded through our media hosting services, or pages containing links to allegedly infringing materials in its sole discretion.

You agree not to take any action that infringes or violates someone else’s intellectual property rights or otherwise violates applicable laws. If you post content that infringes someone else’s intellectual property rights, such as copyrights or trademarks, your IP address may be banned and your content removed by us. If you believe your IP address was banned by mistake, please contact us.

8. Modifications to Services

Infrared reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) or any user account with or without notice. You agree that Infrared shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.