TERMS AND CONDITIONS

Digital Age Group Limited (a company registered in the Republic of Seychelles, registration number 214258, registered at Suite 9, Ansuya Estate Revolution Avenue, Victoria, Seychelles) (hereinafter referred to as “Evelar Energy”, “we” and/or “us”) hereby determines the following Terms & Conditions (hereinafter referred to as “T&C” or “User Agreement”) of using the Services, available at the https://evelar.energy (hereinafter referred to as the “Website”). By using the Website, you agree to the terms of these T&C. If you do not agree with the terms of these T&C, do not use the Website.

1. GENERAL PROVISIONS

1.1. This User Agreement is an official offer of Evelar Energy and contains all essential terms and conditions of the service contract. 1.2. Acceptance of this User Agreement means full and unconditional consent of the user (hereinafter referred to as "User") to all terms and conditions without any exceptions and/or limitations. 1.3. The use of Evelar Energy products automatically means that the User agrees to the terms of these T&C.

2. SUBJECT OF THE CONTRACT

2.1. Evelar Energy undertakes to provide the User with the following services:

  • Delegation (selling or renting) of energy for the execution of smart contracts and USDT TRC-20 transactions.
  • Buying of energy for the execution of smart contracts and USDT TRC-20 transactions.

3. PROCEDURE FOR CONCLUDING THE CONTRACT

3.1. The Agreement shall be deemed concluded from the moment of acceptance of the User Agreement by the User.

4. TERMS AND CONDITIONS OF SERVICE PROVISION

4.1. Supply of energy on the basis of the User's preliminary application containing information on the required volume of energy, delegation period and other required services. 4.2. The energy paid but unused by the User is withdrawn at the end of the paid period. 4.3. Delivery of energy is carried out on condition of full and timely payment for the services.

5. PRICE AND SETTLEMENT PROCEDURE

5.1. The price of services is determined on the basis of current tariffs established by Evelar Energy at the time of conclusion of the contract and may change depending on market conditions. 5.2. The User undertakes to make a prepayment for the use of Evelar Energy services. 5.3. The payment is made in TRX (or another virtual currency) to the crypto wallet linked to the User's personal account.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. Evelar Energy undertakes to:

  • Ensure quality and timely provision of services.
  • Provide the User with consultations and technical support on the use of services.

6.2. The User undertakes to:

  • To pay for the provided services in a timely and full amount.
  • Use Evelar Energy services in accordance with this User Agreement and the terms and conditions specified on the Evelar Energy website.

7. TERMS OF USE OF THE WEBSITE

7.1. The user has the right:

  • Search for information on the Evelar Energy website.
  • Receive information and services on the Evelar Energy website.
  • Use the site information for personal, non-commercial purposes.

7.2. Evelar Energy has the right:

  • At your own discretion, create, change, cancel the rules for the provision of services.
  • Limit access to any information on the site if necessary.
  • Create, change, delete information on the site to ensure relevance and accuracy.
  • Delete user accounts in case of violation of the terms of the User Agreement or if there are justified reasons.
  • Evelar Energy undertakes not to block users without sufficient grounds and warnings.

7.3. Conditions for blocking the User account. The user may be blocked for abuse of the service and/or for committing unauthorized actions:

  • Independent control of energy delegation, namely energy recall, redirection at your own discretion.
  • Reclaiming of rights in the TRON blockchain (which were granted when connecting to the Evelar Energy service) in the presence of an active stake;
  • Violation of the rules for using the service;
  • An attempt to gain unauthorized access to systems or data;
  • Use of the service for illegal or harmful activities;
  • Any other actions that may harm the service or other users. If such actions are detected, the service administration reserves the right to temporarily or permanently block user access without prior notice.

8. RESPONSIBILITY OF THE PARTIES

8.1. Evelar Energy shall not be liable for temporary failures and interruptions in the provision of services caused by technical malfunctions of equipment and software not owned by Evelar Energy. 8.2. Evelar Energy is not responsible for acts or omissions of third parties involved in the provision of services, including, but not limited to, Internet service providers and blockchain node operators.

7.3. Evelar Energy undertakes:

  • Maintain the functionality of the site, except in cases where this is impossible for reasons beyond the control of Evelar Energy.
  • Provide comprehensive protection for the User account.

8.4. The user undertakes:

  • Ensure the safety of personal data from access by third parties.
  • Do not disrupt the functionality of the site.
  • Do not create multiple accounts on the site.
  • Do not transfer your account to third parties.
  • Do not register an account on behalf of or instead of another person, except as required by law.
  • Do not post prohibited materials on the site.
  • Do not use scripts for automated collection of information and/or interaction with the site and its services.

9. TERMS OF VALIDITY OF THE AGREEMENT

9.1. This User Agreement is effective for any use of Evelar Energy products and services. The User Agreement ceases to be in force when a new version of the User Agreement appears. Evelar Energy reserves the right to unilaterally change this User Agreement at its discretion. Evelar Energy undertakes to notify Users of any changes in the Agreement.

10. PROHIBITED USE, RESTRICTIONS

10.1. In connection with your use of the Services, you agree you will not engage in the following Prohibited Uses. This list is non-exhaustive, and We reserve the right to modify it at any time. It is within Our sole discretion to determine whether an activity falls into one of these categories. If you are uncertain whether your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact Us at [email protected]

10.2.** Unlawful Activity: Actions which violate, or would assist in violation of, any law, statute, ordinance, or regulation, applicable sanctions programs including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") or which would involve proceeds of any unlawful activity; an activity which would publish, distribute or disseminate any unlawful material or information.

10.3. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to Our computer systems, networks or sites that contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to Our computer systems, networks or sites or Our other Users’ Accounts, computer systems or networks connected to us, through any other means; interfere with another individual's or entity's access to or use of the Services; use information of another party to access or use Our computer systems, networks or sites, except in the case of specific Users which are specifically authorized by a User to access such user's account and information; transfer your Account access or rights to your Account to a third party, unless by operation of law or with the express written permission of Evelar Energy; or harvest or otherwise collect information from Our computer systems, networks or sites about others, including without limitation email addresses, without proper consent.

10.4. Abusive Actions Against Others: Actions which defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.

10.5. Fraud: Actions which operate to defraud Us, Our users, or any other person; provide any false, inaccurate, or misleading information to Us.

10.6. In addition to the Prohibited Uses, the following categories of businesses, business practices, and items for sale are prohibited from the Services. This list is non-exhaustive, and We reserve the right to modify it at any time. It is within Our sole discretion to determine whether an activity falls into a Prohibited Business category:

  • Drugs and drug paraphernalia (e.g., narcotics, controlled substances, and any equipment designed for making or using drugs);
  • Marijuana/cannabis dispensaries and related products and businesses;
  • Weapons, munitions, gunpowder and other explosives (including fireworks);
  • Toxic, flammable, and radioactive materials;
  • Pseudo-pharmaceuticals;
  • Substances designed to mimic illegal drugs;
  • Sexually explicit content;
  • Sexually-related services;
  • Pyramid and investment schemes, multi-level marketing schemes, and other unfair, predatory or deceptive practices;
  • Items used for speculation or hedging purposes (such as derivatives);
  • Credit and collection services;
  • Items that infringe or violate any intellectual property rights such as copyrights, trademarks, trade secrets, or patents, including counterfeit or unauthorized goods;
  • Products and services with varying legal status from state to state;
  • Transactions that disclose the personal information of third parties in violation of applicable law; and
  • Transactions related to cloud-mining.

10.7. You shall not:

  • conduct or engage in any illegal or unlawful activity; use any Services in any illegal manner or for any illegal purpose, including without limitation any crime (including fraud, other illegal activities);
  • reproduce, duplicate, copy, disclose, distribute, sell, resell, sublicense, assign, transfer, give away, loan, lend, lease, publish, pledge or create a security interest in the Software or Services or provide or make available any functionality, User interfaces of the Website or Services, use or benefit of the Software or Services as an application service provider, a hosted service, a computer or processing service business, a service bureau, an outsourced facility or service or on time-sharing or similar basis or otherwise on behalf or for the benefit of any third party, including without limitation using the Software or Services to manage, administer or otherwise process Transactions or data of or for any third party;
  • use any Services in a manner or for a purpose that infringes upon the lawful rights of others or contravenes any applicable laws (including, but not limited to any Anti-money Laundering and Counter the Financing of Terrorism legislation, as well as Tax, Intellectual Property or Data Protection laws);
  • use Services in any manner that could damage, disable, overburden or impair the Services, or otherwise in an abusive or excessive manner, as We determine in Our sole discretion;
  • copy, frame or mirror any part of the Software, Services or Our Website, including, but not limited to – for personal non-commercial purposes;
  • alter, manipulate or obscure the display or presentation of the Services or the Website to you or to any third party in whole or in part, using means other than as facilitated through the Services itself, including without limitation through the use of overlays, filters or spawning of separate windows;
  • interfere with the security or integrity of, or otherwise abuse, the Products, Software or Services or any system resources, accounts, servers or networks connected to or accessible through the Service;
  • obtain or use another person’s Credentials or Services, systems or information or create or use a false identity, impersonate any person or otherwise misrepresent your identity;
  • attempt, or cause, permit or encourage any other person, to do any of the foregoing; or
  • to conduct or engage in activity in a way that We reasonably believe might harm Our ability to provide Our Services;
  • to engage in any other use or activity that breaches these Terms or is not in conformity with sustainable activities of Evelar Energy, ensuring human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Evelar Energy.

10.8. Notwithstanding the foregoing, you may seek support with security and other vulnerabilities check by applying to Our Support Team, provided you do so in a reasonable and responsible manner in compliance with Our responsible disclosure policy and otherwise use good faith efforts to minimize or avoid contravention of any of the foregoing.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. The software, applications, text, images, graphics, data, prices, graphs, video and audio materials (hereinafter collectively referred to as the “Content”), used on the Website and/or mobile app shall at all times belong to Evelar Energy.

11.2. All Content is the sole property of Evelar Energy and its respective owners and shall be protected by copyright, patent, trademark, Intellectual Property rights and any other protection measures, as may be stipulated in the Applicable Legislation unless otherwise specified hereby.

11.3. You are not allowed to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect and/or distribute in any other form or by any means, irrespective of its nature, any part of the Content, unless otherwise is agreed separately by Evelar Energy. The use of any Content for any other purpose, except for the usage of Services, is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, Intellectual Property rights and any other protection measures, as may be stipulated in the Applicable Legislation, that could result in criminal or civil penalties for you.

11.4. In case you become acknowledge upon any breach of our Intellectual Property rights from any third party, please, immediately notify us via Customer support with all the data in your possession.

12. CONFIDENTIALITY

12.1. Evelar Energy undertakes not to disclose information about the User and to ensure anonymity when providing services. All information provided is used exclusively for the fulfillment of contractual obligations. Exceptions are cases when disclosure of information is required by law or to ensure fulfillment of obligations under this contract. The User has the right to use pseudonyms or other means to ensure their confidentiality.

13. APPLICABLE LEGISLATION AND DISPUTE RESOLUTION

13.1. These T&C as well as other legal documents are governed by the valid legislation of Seychelles.

13.2. You and Evelar Energy shall endeavour to resolve any outstanding matter through negotiations.

13.3. In a case where the Parties fail to reach an agreement on the above-mentioned matter within 30 (thirty) calendar days, the dispute shall be submitted to the competent court of relevant jurisdiction under the Applicable Legislation.

14. MISCELLANEOUS

14.1. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) (hereinafter referred to as the “Force Majeure”) that have occurred and remain in effect beyond control of any Party and that an affected Party could neither foresee nor prevent for objective reasons, if the Force Majeure prevents an affected Party from proper execution of its obligations hereunder, the term for execution of such obligations hereunder shall be extended for the period of Force Majeure. Force Majeure shall include, but is not limited to, wars and other military operations, earthquakes, floods, and other natural disasters, pandemics, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper execution of their obligations hereunder.

14.2. These T&C shall remain in force until terminated either by you or by us. Evelar Energy is entitled to terminate these T&C at any time at its own discretion without explaining the reasons thereof.

14.3. If there is any uncovered question by these T&C, it shall be resolved under the Applicable Legislation.

14.4. In the event the Website is available in multiple languages, the English version of the T&C shall prevail.

14.5. Should you have any comments, questions, or complaints, do not hesitate to contact our Customer support at [email protected]

Last update of these T&C: September 1, 2024