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Application and Scope

Application. This Legal Disclaimer is provided by Smarty Pay and governs your access to and use of the Website and Materials.

Acceptance; Materials. Any Materials shall be subject to this Legal Disclaimer, therefore please read this Legal Disclaimer carefully before using, referring to, or relying upon any Materials.

Acceptance; Website. By accessing or using the Website, or by clicking the button “I accept” or respective check box in connection with or relating to this Legal Disclaimer, you acknowledge, agree and confirm that you have read, accept without modifications and agree to be bound by this Legal Disclaimer and all terms incorporated herein by reference, which form a legally binding agreement between you and us. You hereby acknowledge and agree that your complete acceptance of this Legal Disclaimer without reservations is a prerequisite for your access to and use of the Website. If you do not accept or agree to this Legal Disclaimer, you are not allowed to access or use the Website, and you must immediately discontinue any use thereof. If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorised to accept this Legal Disclaimer and enter into a binding agreement with us on such entity’s behalf, and you accept this Legal Disclaimer both on behalf of such entity and on your own behalf.


Subject to your consent to, acceptance of and compliance with this Legal Disclaimer, we hereby grant you the Licence. Your access and use of the Website shall not violate the terms of the Licence. The Licence shall remain effective until terminated upon the occurrence of any of the following events: (i) this Legal Disclaimer terminates or expires; or (ii) you violate this Legal Disclaimer; or (iii) we choose to terminate the Licence at our sole and absolute discretion, with or without reason.

Proprietary Rights

The Website may contain certain Intellectual Property that is owned by us, Affiliates, and/or applicable right holders. Unless otherwise explicitly prescribed in this Legal Disclaimer, you do not receive any rights, title, or interest in or to such Intellectual Property, and we, Affiliates, and/or respective right holders reserve the right to prohibit any use of such Intellectual Property at any time. You may not obscure, remove or alter any marks or notices displayed on the Website. Any rights not expressly granted to you under the Licence are reserved by us, respective Affiliates, and/or other rights holders. The Website, including their elements and components, may not be copied, reproduced or imitated, in whole or in part, without our prior written permission.

Important Disclaimers

Materials. Materials are provided for informational purposes only and nothing contained in such Materials constitutes a promise, warranty, or representation. The Materials should not be relied upon, either wholly or partially, when making any decision. The Smarty Pay Parties shall not be responsible for the accuracy or completeness of the Materials; therefore, any use of such information is at your own discretion and risk, and you are solely responsible for any possible damages or losses arising from such use. You should always conduct your own independent research and thorough investigation.

Protocol. Any use of the Protocol is undertaken at your own risk. We bear no responsibility for any financial losses or adverse outcomes resulting from your decisions. We also do not provide any representation or warranty with respect to the Protocol. The Protocol itself is not regulated by any authority or body and is not a payment service provider, financial institute, or electronic money issuer.

No warranty. The Website and any Materials are provided on an “as is” and “as available” basis. Your use of the Website and any Materials will always be at your own risk. There are no warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, integration, and fitness for a particular purpose with respect to the Website and any Materials, all of which are expressly disclaimed. We do not warrant, whether expressly or impliedly, and hereby expressly disclaim any warranty and/or representation that: (i) any Materials will be true, complete, timely, reliable, accurate, correct, or sufficient; you expressly acknowledge and agree that the Smarty Pay Parties will be under no obligation to update or fix such Materials; (ii) the Website and any Materials will be secure or available at any particular time or place; and/or (iii) the Website and any Materials will meet your expectations or fit for a particular purpose. 

No liability. To the maximum extent permitted under the applicable law, in no event shall the Smarty Pay Parties be liable or responsible for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages of any kind, nor shall they be liable for the loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with the Website and/or Materials, their use or reliance thereon, including without limitation, the accuracy, reliability, currency, veracity, or completeness of the Materials, any delays, inaccuracies or errors in, or in the transmission of, the Materials, or the use of or reliance on the Materials, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, regardless of whether any Smarty Pay Party has been advised of the possibility of such damages or losses.

Waiver. You shall not, and to the maximum extent permitted under the law hereby waive any right to, seek to recover the damages listed above from the Smarty Pay Parties. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the above exclusions and limitations shall apply to the maximum extent permitted by the applicable law. Neither this Section nor anything in this Legal Disclaimer limits or is intended to limit liability arising from fraud, intentional misconduct, or gross negligence.

No Offer Or Solicitation

The Website and the Materials do not constitute and are not intended to constitute an offer to sell, a recommendation or solicitation to buy, sell, or hold investment instruments, securities, cryptocurrencies, digital assets, payment instruments, or any other assets in any jurisdiction. Nothing in the Materials constitutes a recommendation or solicitation to use any products or services provided or operated by us, on our behalf, or by any third party. Nothing contained herein, on the Website, in the Materials or otherwise communicated by us or on our behalf, shall be construed as our endorsement, recommendation, or solicitation to use any third-party services or products that may be mentioned or referred to on the Website or in the Materials, and you hereby acknowledge and agree that any use of such third-party services or products shall always be at your own risk and discretion. Always make sure to verify that the information that you believe is provided by us is posted or communicated by our authorised representatives. We do not provide any opinion or any advice to purchase, sell, or otherwise transact with investment instruments, securities, cryptocurrencies, digital assets, or any other assets, and nothing communicated by us shall form the basis of, or be relied upon in connection with, any contract or decision associated therewith. Please consult your own legal, investment, financial, or tax advisor before making any decision.

Forward-Looking Statements

The Materials may contain forward-looking statements based on current expectations that involve a number of risks and uncertainties. All opinions, forecasts, projections, future plans or other statements other than statements of historical fact, are forward-looking statements. Any development plans and projections, business projections, future functionality and projected performance of Smarty Pay, the Website, the Project, and any of our services and/or products, as well as prospects and future events related to any industry, are forward-looking statements. 

Forward-looking statements by their nature address matters that are, to different degrees, uncertain or unknown. There is no assurance that any forward-looking statements will prove to have been correct. Actual events, results or outcomes could differ materially from what is stated in the forward-looking statement, and you should not rely on any such forward-looking statement. These risks and uncertainties include the impact of economic, competitive, technical and other factors affecting the Project, Smarty Pay and its business, or their operations, including, but not limited to, the following: development of science and technology, development of the industry in which we are in, competition, regulatory uncertainty and government actions, the introduction of new regulations and laws, market changes, the performance of Smarty Pay, the Project, any of our services and/or products, other business and market conditions. 


Furthermore, there is also a risk that certain Smarty Pay activities may be deemed in violation of any law or regulation. Additionally, changes in applicable laws or regulations, or evolving interpretations of existing law could affect our ability to (i) perform and fulfil certain ideas, programs, statements, plans, projections or other initiatives, (ii) carry on the business model, develop and maintain the Project, or (iii) launch, develop and maintain any particular functionality, product or service etc.

No Advice

You should not consider any information contained in this Legal Disclaimer, on the Website, in the Materials, or otherwise provided by us or on our behalf, to be business, legal, financial, investment, regulatory or tax advice, or advice of a broker regarding any matters to which all or any part of such information relates. We shall not be responsible for the accuracy, completeness or timeliness of the Materials, therefore any use of or reliance upon such Materials will always be at your own discretion and risk, and you shall be solely responsible for any possible damages or losses arising therefrom. You should consult your own legal, financial, regulatory, investment, tax, or other professional advisors regarding the Materials.

Third-Party Content 

When using the Website or reviewing the Materials, you may view or interact with the Third-Party Content. We have not independently verified any Third-Party Content or ascertained the underlying assumptions relied upon by such Third-Party Content. We are not responsible for and shall not be held liable in connection with, and do not make any warranties, whether express or implied, as to the Third-Party Content, do not endorse and are not responsible for any such Third-Party Content, as well as any information, materials, content, services or tools on or available through such Third-Party Content. You hereby affirm and acknowledge that your use of the Third-Party Content, and your interactions with third parties that are linked to or from the Website, are at your own risk. To the maximum extent permitted by the applicable law, in no event shall the Smarty Pay Parties be responsible for or held liable in connection with any loss or damage of any sort incurred by you as the result of, or in connection with accessing or using any Third-Party Content.

Applicable Law And Disputes Resolution

Applicable Law. This Legal Disclaimer, as well as any and all relationship between you and us relating to the Website and any Materials shall be governed by, construed and enforced in accordance with the laws of Seychelles, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. 

Jurisdiction. Any Dispute arising out of or in connection with this Legal Disclaimer, the Website and any Materials shall be subject to the exclusive jurisdiction of the courts of Seychelles.
Confidentiality. Unless otherwise required by the applicable law or agreed between you and us, and to the maximum extent permitted and possible, you, we, and the court shall maintain the confidentiality of any proceedings, litigation, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the proceedings, litigation or related to the Disputes.

Waiver of Jury Trial. You and we hereby waive your and our respective rights to a jury trial. The waiver of jury trial shall apply if and to the maximum extent permitted under the applicable law without prejudice to the mandatory provisions of such law.
No Class Actions. Any Dispute arising out of or in connection with this Legal Disclaimer, the Website and any Materials is personal to you and us and will be resolved solely through individual litigation, and will not be brought as a class arbitration, class action, or any other type of representative proceeding in any circumstances. There will be no class or other type of representative action, where an individual(s) attempt(s) to resolve a Dispute as representative(s) of another individual or group of individuals.

Statutes of Limitation. To the maximum extent permitted under the law, you and we hereby agree that any claim arising out of or related to this Legal Disclaimer, the Website, and any Materials shall be filed within one (1) year after the ground for such claim arose; if the claim is not filed within this term, such claim shall be permanently barred, which means that neither you, nor we will have the right to assert such claim.


Communication Channels. You agree and consent to receive electronically all Communications that we provide in connection with  this Legal Disclaimer, the Website, Materials and/or Project. You agree that we may provide Communications to you through any of the Communication Channels, provided that only those postings shall be deemed to constitute Communication that are expressly marked as relating to this Legal Disclaimer. All Communications specified in this paragraph shall be deemed in writing, valid and of full legal force, and delivered to you on the day following the day when they are published or transmitted, as the case may be.

Contact Details. You may electronically communicate with us by sending Communications to the following email address We may require you to provide additional data or documents that will allow us to identify you.


Personal Data. Please learn more about how we process your personal data in our Smarty Pay Privacy Notice.

Survival. All terms and conditions of this Legal Disclaimer, except for Licence Section, shall survive any expiration or termination of this Legal Disclaimer and/or your access to or use of the Website or Materials, regardless of the reasons.

Language. Currently, only the English version of the Website interface, the Materials and any Communications is considered official. The English version shall prevail in case of differences in translation of any Materials, Communications, or other content.

Assignment. You shall not have the right to assign or transfer any rights or obligations under this Legal Disclaimer without our prior written consent. We may transfer or assign this Legal Disclaimer, including any rights and obligations hereunder to any third party and no such transfer or assignment shall require your additional consent or approval.

Entire Agreement. This Legal Disclaimer, together with any documents incorporated herein by reference, contain the entire agreement between you and us concerning the matters contemplated herein and supersede all prior and contemporaneous understandings, writings, letters, statements, or promises, both written and oral, between you and us regarding the subject matters hereof, including, without limitation, any public or other statements, promises, publications, or representations made by the Smarty Pay Parties. Except for the Smarty Pay Parties, there shall be no third-party beneficiaries hereto, however their consent or notice shall not be required to assign, terminate, amend or otherwise affect this Legal Disclaimer.

Severability. The invalidity or unenforceability of any provision or part-provision of this Legal Disclaimer shall not affect the validity or enforceability of any other provisions of this Legal Disclaimer, all of which shall remain in full force and effect.

Modification. You acknowledge and agree that we may modify, supplement or update this Legal Disclaimer from time to time at our sole and absolute discretion, and without your consent. If we make changes to this Legal Disclaimer, we will update the “Last Updated” date at the top of this Legal Disclaimer. Unless otherwise specified by us, updated Legal Disclaimer shall become effective immediately, and your continued use of the Website will confirm the acceptance of such updated Legal Disclaimer. If you do not agree to the amended Legal Disclaimer, you must immediately discontinue any access to or use of the Website. It is expressly acknowledged that it is your sole obligation to review this Legal Disclaimer each time you access or use the Website in order to stay informed about the content, terms, and conditions outlined herein, and the choices available to you.


In this Legal Disclaimer, unless the context requires otherwise, the terms shall have the following meaning:

Affiliate” means a person controlling, controlled by, or under the same control as us.

Communications” means any letters, notices, messages, demands, requests, or other communications which may be required, permitted, or contemplated hereunder.

Communication Channels” means the Website and our social media channels, accounts, chats, groups, and bots, as may be indicated on the Website.

Dispute” means any dispute, claim, suit, action, causes of action, demand, or proceeding.

Intellectual Property” means any copyrighted content, designs, drawings, animations, videos, pictures, names of services and products, logos, trademarks and other marks, etc., which may be available on the Website, in the Materials, or otherwise provided by us or on our behalf.

Smarty Pay”, “we”, “us”, “our” means Smarty Network Ltd., a company established under the laws of Seychelles, which is the Website operator.

Smarty Pay Parties” means Smarty Pay, Affiliates, and the respective shareholders, directors, officers, employees, agents, advisors, contractors, successors, and assignees of Smarty Pay or any Affiliate.

Legal Disclaimer” means this Smarty Pay Legal Disclaimer as may be updated from time to time.


Licence” means limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Website for its intended purposes on the terms set forth herein.

Materials” means any information, statements, announcements, data, content, and other materials provided on or through the Communication Channels, or otherwise communicated by us or on our behalf in relation to the Project or any other our services and products.

Project” means the Smarty Pay project related to the development of the Protocol and related components, as further described in the Materials. The description of the Project contained herein, in the Materials, or otherwise communicated by us or on our behalf, is not binding on the Smarty Pay Parties and provided for informational purposes only.

Protocol” shall mean a blockchain protocol enabling the processing of transactions in virtual assets, as further described in the Materials. The description of the Protocol contained herein, in the Materials, or otherwise communicated by us or on our behalf, is not binding on the Smarty Pay Parties and provided for informational purposes only.

Third-Party Content” means any content, information, materials and items provided by any person, other than Smarty Pay, or produced from third-party sources, including any promotional materials and advertisements, third-party websites and resources, and links thereto, etc.

Website” means the Smarty Pay website available at

you”, “your” means you as a visitor of the Website and/or a person reviewing the Materials.

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