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LAST UPDATED 03.04.2024

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Diamore Terms of Use

These Diamore Terms of Use (hereinafter “the Terms of Use”, “the Terms”  or "Agreement") apply to Diamore platform located at http://diamore.co, its affiliates or partners (hereinafter collectively, "the Platform" or “Diamore”, “we”, “us” and/or “our(s)”), and Diamore products and services specified herein (hereinafter jointly “the Services”). These Terms of Use constitute a public electronic agreement between You and Diamore.

Kindly review the following Terms thoroughly prior to accessing the Platform. These Terms of Use, together with any conditions of using our Services, establish a legally binding agreement between You (the User) and us (Diamore). By selecting 'I Agree' or 'Buy Now', utilizing the Platform, purchasing any goods offered through it, or expressing consent in any electronic manner, the User affirms acceptance of this Agreement. Should the User disagree with these Terms, they are advised against selecting 'I Agree' or 'Buy Now' and must cease all usage of the Platform immediately.

These Terms of Use may be amended at our sole discretion in the manner and subject to the terms and conditions set out in these Terms in the relevant Section 16.

IF YOU ARE PROHIBITED FROM USING SIMILAR PLATFORMS UNDER APPLICABLE LAW OR ANY OTHER RULES, OR IF YOUR USE OF THE PLATFORM COULD IN ANY WAY CAUSE OUR ACTIVITIES WITH RESPECT TO YOU TO BE CONSIDERED ILLEGAL, YOU MUST IMMEDIATELY STOP USING OUR PLATFORM.

Definitions

  • Agreement a shall mean this Terms of Use which is a legally binding agreement between You and Diamore.
  • Affiliate shall mean any legal entity that is related to Diamore by one owning shares of the other, by common ownership, or by other means of control, including but not limited to any parent company and subsidiary. This term also includes the interaction of legal entities on a partnership and contractual basis.
  • Assets refer to diamonds that have been officially certified for their quality, characteristics, and authenticity by reputable gemological laboratories. These diamonds are supplied by Merchants and traded on the Platform, indicating that they meet certain standards and can be considered as valuable assets within the diamond market.
  • Authorized Storage refers to a designated facility or location where Assets are securely stored in compliance with specific regulations and standards. In accordance with these Terms Authorized Storage should be chosen by Platform.
  • Crypto Processing operator shall mean UAB Manimama Exchange, company number 305935776, with a registered office at Eišiškių Sodų 18-oji g. 11, LT-02194, Vilnius.
  • KYC stands for Know Your Customer, which means the process of verifying the identity of Users and Merchants and assessing potential risks of illegal intentions for the business relationship.
  • Merchants are jewelry stores specializing in the sale of Assets. Before becoming Platform Merchants, they undergo thorough CDD (Customer Due Diligence) and KYB (Know Your Business) checks, providing all necessary permits and certifications.
  • NFT (Non-Fungible Token) is a digital token that, depending on the stage of User interaction with the Platform, possesses various metadata determining its status and the rights it grants. There are two NFT`s statuses: NFT (not for sale) or NFT (for sale).
  • NFT (not for sale) refers to a NFT that contains information about a certification of the Asset, other characteristics of the Asset and owner`s crypto wallet address. This designation indicates that the NFT is not currently available for transfer. Instead, it serves as a digital record of ownership and authentication for the associated Asset, providing details such as certification status, and unique characteristics of the Asset. The NFT (not for sale) status signifies that the Asset is held or reserved by the current owner and is not listed for sale or transfer on the Platform at the present time.
  • NFT (for sale) refers to a NFT that acts as a digital voucher confirming the conclusion of a custody agreement and the Storage of the Asset in a designated Authorized Storage. Additionally, it includes “Proof of Reserve”, indicating that the Asset associated with the NFT is securely stored and available for sale. This designation signifies that the NFT holder is offering the Asset for sale on the Platform, with all relevant documentation and assurances regarding its custody and availability provided through the NFT's metadata. It serves as a digital representation of ownership and enables potential buyers to verify the Asset's custody status and authenticity before completing a purchase transaction.
  • NFT operator shall mean Kaiyo Labs Limited, with a registered office at Tortola, British Virgin Islands.
  • NFT Marketplace shall mean a marketplace maintained by the NFT operator on which Users in a p2p format can sell NFTs to each other.
  • Payment for Storage refers to the fee or amount charged for the Storage Services provided by an Authorized Storage. 
  • Platform shall mean a platform permanently located on the internet at http://diamore.co.
  • Platform operator shall mean Diamore Limited, company number  15596401, with a registered office at 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE.
  • Price of Assets refers to the monetary value assigned to Assets based on their perceived worth in the market. 
  • Prohibited jurisdiction refers to any country or region where your utilization of the Services is considered unlawful and/or breaches the applicable laws of either the European Union or the United States of America; where Diamore lacks authorization to offer the Services; and/or where either the European Union or the United States of America have imposed embargoes on goods and services similar in nature to those provided by Diamore.
  • Proof of Reserve is the information displayed within an NFT (for sale) confirming that the Asset is stored in Authorized Storage.
  • User shall mean a private individual or a legal entity who has created the User Account on the Platform and entered in the electronic agreement with Diamore.
  • User Account shall mean a digital account or profile created by an individual or entity to access and interact with the Platform.
  • User's Wallet refers to an external digital wallet, such as MetaMask, WalletConnect, used by the User to store, manage, and interact with NFT. 
  • Services refer to the activities and options which the Platform provides for its Users. The Services are described in Section 4.
  • Services Fee  refers to the amount charged by the Platform to Users for the provision of Services.
  • Storage Services shall mean securely storing Assets in an Authorized Storage. 
  • Sale-purchase Agreement (or Purchase Agreement) is an oral, real and conventional legal contract between a buyer and a seller of Assets, which includes all material terms of such agreement. During the first purchase the seller is a Merchant and buyer is the User. In the event of a secondary sale of the Asset, only Users may be parties.
  • Special Delivery Service refers to a specialized delivery service that focuses on transporting Assets while adhering to all standards and security measures.

Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

1. Legal information

1.1. The main Platform operator is Diamore Limited,  which is incorporated according to the laws of England and registered under the registration number 15596401 (hereinafter - “Platform operator”). The Platform operator conducts the development and management of the Platform, enters into a storage agreement with the Users and Authorized Storages, gives instructions to the Merchants to deliver the Assets to the Authorized Storage.

1.2. Cryptoprocessing services are provided by UAB Manimama Exchange, which is incorporated according to the Lithuania law and registered under the registration number: 305935776 (hereinafter - “Crypto Processing operator”). The Crypto Processing operator provides crypto acquiring service to the Merchants allowing them to accept payments for Assets in USDT to Merchants' wallets.

1.3. Issuing NFTs is the responsibility of Kaiyo Labs Limited, which is incorporated according to the laws of the British Virgin Islands  (hereinafter - “NFT operator”). The NFT operator is responsible for issuing the NFT, developing the smart contract and its technical content, and operating the NFT Marketplace.

2. User`s eligibility criteria

2.1. In order to bring our activities in compliance with the law as much as possible and to provide our Users with the best possible Services when using the Platform, we have to set criteria for the acceptability of access to the Platform and its Services.

2.2. Users must meet the following eligibility criteria to use our Platform and its Services: 

2.2.1.You must be at least 18 years old or of the legal age of majority in your jurisdiction.

2.2.2. You must not have previously faced suspension or removal from our Services.

2.2.3.You must possess the legal capacity to agree to and abide by these Terms.

2.2.4. You must not be a resident or citizen of any Prohibited Jurisdiction, nor reside in any region subject to economic sanctions imposed by entities such as the USA, EU, FATF, OFAC, etc.

2.2.5. You must consistently adhere to all relevant anti-money laundering/anti-terrorist financing laws and regulations.

2.2.6. You must not violate any applicable international, state, or local laws or regulations, including tax laws.

2.2.7. Any information you provide to us, both currently and in the future, must be accurate, complete, and promptly updated to maintain its accuracy.

2.2.8. You will not impersonate any person or entity or use false identities, documents or information on the Platform or in your interactions with us.

2.2.9. You will not communicate with our staff or contractors in a way that is defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive.

2.2.10. You will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Platform, in whole or in part.

2.2.11. You will not circumvent, disable, violate or otherwise interfere with any security-related feature of the Platform. 

2.2.12. You are responsible for maintaining the security of your account credentials and must not share your login information with anyone else.

2.2.13. You are encouraged to report any violations of these Terms or suspicious activities to Diamore immediately.

2.2.14. You agree not to breach these Terms or any other terms or rules set forth by Diamore.

2.3. If you do not meet the above eligibility criteria, please do not register on our Platform or use its Services. If we find that a User does not meet the above eligibility criteria, we reserve the full right to terminate your access to the Platform, with no guarantee of refund/withdrawal of Assets, within one week of written notice of termination. Please note, while we will make reasonable efforts to notify Users of such actions, it is at the discretion of the Platform to do so.

2.4. Keep in mind that we may change our eligibility criteria as the legal landscape changes and additional requirements are imposed on us or based on other considerations that may relate to internal business processes. All changes and modifications will be done in accordance with Section 16 of these Terms. 

3. Customer representations and warranties

3.1. By concluding this Agreement the Users affirm, assure, and commit that:

3.1.1.They possess the complete authority and capability to engage in this contractual agreement;

3.1.2. They have fully informed about Platform`s activities and conducted it`s due diligence to ensure compliance with all relevant laws and regulations;

3.1.3. They meet all of the eligibility criteria described in Section 2 of these Terms and Conditions.

3.2. By using the Platform and its Services the Users  affirm, assure, and commit to the following:

3.2.1. They must abstain from engaging in any activities that are unlawful, fraudulent, or forbidden, and they must comply with all relevant laws, regulations, and directives.

3.2.2. They should avoid participating in any actions that could cause harm, disablement, overload, or disruption to the Services, or hinder the use of the Services by other Users.

3.2.3. They are prohibited from creating more than one account or establishing an account for anyone other than themselves without the explicit consent of the Platform.

3.2.4. They are responsible for safeguarding their User credentials and acknowledge all associated risks and liabilities related to unauthorized access to their account, including any resulting losses or damages.

3.2.5. They are obligated to provide accurate, current, and complete information during the registration and Know Your Customer (KYC) process. Furthermore, you must promptly notify us of any changes to this information (within 30 days of any changes occurring). 

3.2.6. They shall neither attempt nor engage in:

  1. Evading any security protocols of the Platform or unauthorized access to any segment thereof;
  2. Undermining the standard functionality of the Platform;
  3. Tampering or meddling with the operations of the Platform; and

3.2.7. They shall abstain from using the Services in contravention of relevant legislation;

3.2.8. They shall indemnify and hold harmless Diamore from any claims, damages, or liabilities arising from their use of the Services.

3.2.9. Еhey must not use the Platform for money laundering and terrorist financing.

3.2.10. They declare that the funds with which they will buy Assets on the Platform are obtained legally, are their personal funds and are not in the status of disputed funds.

3.3. Additionally, the User affirms that he/she/they:

3.3.1. Possesses adequate comprehension of cryptographic tokens, digital assets, token storage methods (e.g., token wallets), and blockchain technology to grasp these Terms and evaluate the risks associated with utilizing the Platform's Services.

3.3.2. Recognizes that NFTs solely authorize interaction with the Platform and do not confer any additional rights concerning the Platform, including but not limited to voting, distribution, redemption, liquidation, ownership (including intellectual property rights), or other financial or legal entitlements, unless explicitly stated in Platform contracts.

3.3.3. Ensures that the acquisition and utilization of Assets, including NFTs, the Platform, and its Services, adhere to relevant laws and regulations in their jurisdiction, encompassing legal capacity requirements, currency restrictions, and necessary governmental approvals.

3.3.4. Agrees to furnish Diamore with identity verification documents, fund source documentation, and any other requested information to fulfill Diamore's obligations in compliance with applicable laws, including anti-money laundering regulations and KYC policies.

3.3.5. Commits to fulfilling all applicable tax obligations related to the acquisition and utilization of Assets within their jurisdiction.

3.3.6. Understands that Assets and NFTs on the Platform serve exclusively for the sale of goods, not as digital currency, securities, derivatives, or financial instruments, and acknowledges the evidentiary nature of NFTs in relation to corresponding Assets.

3.3.7. Acknowledges that these Terms do not constitute an invitation to subscribe for securities, and any documents issued by Diamore should not be construed as such.

3.3.8 Acknowledges the absence of assurances regarding the ability to resell Assets, their future value, interchangeability, or market liquidity, and understands the potential for significant volatility or loss of value over time.

3.4. Failure to comply with guarantees described in this Section 3 may result in the User's access to the Platform Services being denied. 

4. Services

4.1. The primary Service provided by the Platform is acting as an intermediary between the Seller (the Merchant) and the Buyer (the User) of Assets (certified diamonds).

4.2. The Platform serves as a marketplace where Merchants and Users can connect with each other.

4.3. The Platform conducts due diligence on Merchants, verifying their certificates, licenses, and other permissions for trading diamonds. Subsequently, the Platform enables Merchants to sell their diamonds as Assets on the Platform. The procedure for purchasing an Asset is detailed in Section 5.

4.4. For its Services, the Platform charges a fee, the amount and procedure of which are described in Section 8.

4.5. A User may acquire an Asset for the purpose of either:

  1. direct possession by having the physical Asset delivered to their postal address, or;
  2. acquiring the Asset and storing it in an Authorized Storage through the Platform's functionality for subsequent resale on the Platform when the market conditions change and the Asset's price increases.

4.6. User access to the Service is restricted solely to the User and cannot be utilized by any other person.

4.7. Access to the Service is strictly exclusive to the individual User and may not be extended to any other party.

4.8. We retain the prerogative to promptly suspend the provision of any Services, with or without prior notice, should we detect or reasonably suspect any breaches of this Agreement by the User or violations of applicable laws.

5. Buying and disposing of a assets

5.1. Only registered Users can buy Assets on the Platform.

5.2. The procedure for purchasing an Asset is as follows:

To start the purchase procedure, the User selects the Asset he/she wants to purchase and presses the 'Buy Now' button.

  1. The Platform automatically generates an invoice for payment with virtual assets. The funds are transferred to the Merchant's cryptocurrency wallet, which is pre-opened with Crypto Processing operator, which has VASP authorisation.
  2. During the payment, the Merchant and the User shall enter into an oral, real and conventional Asset Purchase Agreement under such rules (or agreements) as Merchant may provide. Payment of the invoice by the User shall be deemed to mean that the parties have agreed on all material terms of the Asset Purchase Agreement, according to which the beneficial ownership right is transferred to the User.
  3. In confirmation of the success of the concluded Asset Purchase Agreement, the Platform submits an application to the NFT operator for issuance of NFT with the status (not for sale). The NFT with the status (not for sale) will contain metadata with information about the Asset, its certification, the address of the owner`s crypto wallet, the date of purchase and the name of the seller of Assets. NFT with "not for sale" status will go to the User's Wallet linked to his User Account.
  4. The User may then either collect the Asset or leave it in the Authorized Storage.

5.3. If the User wishes to withdraw their Asset, they can click the corresponding button in their personal account, after which they need to fill out a delivery request, specifying the postal details. 

5.3.1. To deliver the Asset to the User, it will be transferred to a Special Delivery Service, which may, in turn, require User verification upon transfer of the Asset to the User, as well as the provision of supporting documents for the purchase of the Asset (financial documents).

5.3.2. The User can also pay an additional shipping cost. 

5.3.3. When the User receives an Asset, the issued NFT with the status "not for sale" and information about the Asset will remain on the User's wallet and will NOT represent any rights (including ownership rights, claims, etc.), access to the Services or any other services. This NFT will have the role of a digital certificate only, which additionally contains information about the specific Asset.

5.4 If the User decides to leave the Asset for Storage, he/she presses the "store" button and thereby enters into a contractual relationship (public commission agreement) with the Platform operator. According to the concluded commission agreement, the User entrusts the Platform operator (commission agent) to transfer the Assets for storage for a fee.

5.4.1. When transferring the Asset for storage, the User must pay an annual storage fee, the amount of which will be notified when the storage is authorized. The storage fee for 12 (twelve) months is included in the price of Assets. Only verified Users may leave the Asset for Storing and if the User has not yet been verified - at this stage the User must also undergo KYC verification.

5.4.2. The Platform operator as a commission agent and in the interests of the User enters into a storage agreement with the Authorized Storage and gives the Merchant an instruction to deliver the Asset to the Authorized Storage.

5.4.3 As soon as the Asset arrives at the Authorized Storage, the User's NFT will be supplemented with new metadata and will change its status from "not for sale" to "for sale" with the note "proof of reserve". The NFT "for sale" will include information about the concluded storage contract, and the NFT with the status "for sale" will be a digital storage voucher.

5.4.4 The User will be able to collect his Asset from the Authorized Storage at any time by submitting an NFT with the status "for sale" and marked "proof of reserve" for redemption and filling in the relevant form for the address delivery of the Asset.

5.5 The User may also sell their NFT with the status "for sale" and marked "proof of reserve" on the secondary market to another User. 

5.5.1 For the sale of NFTs with the status "for sale" and marked "proof of reserve" in NFT Marketplace to other Users, the User (Buyer) must also undergo KYC verification on the Platform.

5.5.2 The Purchase Agreement (an oral, real and conventional) is concluded between the Users (Seller and Buyer), on the basis of which the new owner of the Asset (Buyer) receives all rights to receive the Asset from the Authorized Storage and the corresponding digital voucher - NFT with the status "for sale" and marked "proof of reserve". The transfer of NFTs between Users is carried out in accordance with the NFT Marketplace Rules

5.5.3 Users make payments between themselves in p2p format, and the Platform does not take part in the Purchase and Sale Agreements.

5.6. An Asset together with an NFT may only be resold on the secondary market to another User if the Asset is stored in an Authorized Storage.

5.7. NFTs are intended for use in connection with the Platform only and are a transferable representation of the attributed functions of the Platform.

5.8. Given the specificity that the Asset is sent at the specific request of the User specifically for the User and the issuance of a digital certificate - the NFT is "not for sale" - it is  possible to return the purchased Asset to the Merchant according to the rules which are set by the Merchant. The Platform has nothing to do with the Asset return procedure.

5.9. Users may be deprived of the opportunity to resell the Asset together with the NFT if the User is in arrears in payment of the Storage Fee or the Platform Fee.

5.10. The User may at any time retrieve the Asset belonging to him/her, which is in Storage, and take physical possession of the respective Asset. This function may not be available if the User is in arrears with the payment of the Storage or the Platform Fee. 

5.11. The rules for obtaining, reselling Assets may change from time to time, depending on the Platform's business processes and applicable laws. All modifications and changes will be made subject to these Terms and Conditions.

6. Registration  process

6.1 Only registered Users who have entered into this Agreement are authorized to use the Services offered on the Platform.

6.2 After the User's registration and confirmation by Diamore, the User's account is automatically created on the Platform. 

6.3 In order to access the Platform, users need to register with a Web3 wallet (MetaMask or WalletConnect).

6.4. When registering on the Platform, the User is also obliged to provide a User Name and his e-mail address.

6.5. An additional, but not mandatory, feature is the User's ability to put his/her avatar in the User Account. 

6.6. The User's Account is private and only the owner of such an account has the right to access and use it.

6.7 Diamore is not obliged to register the User and we may refuse to register the User without giving any reasons.

7. Termination and suspension

7.1. In instances where you are found to be in breach of these Terms and any other applicable rules, policies or guidelines, we hold the authority to suspend or terminate User Account, freeze funds within User Account, and/or initiate legal proceedings against User.

7.2. Termination refers to the permanent closure of a user's account due to any significant violation of the Terms of Use and any other applicable rules, policies or guidelines. Upon termination, the User forfeits the right to withdraw any remaining funds in their account.

7.3. Suspension, also known as a freeze, involves the temporary restriction of a user's account due to either minor breaches of the Terms of Use and any other applicable rules, policies, guidelines or suspicious activity pending further investigation. During the suspension, users are typically not allowed to conduct transactions, although they may retain the right to withdraw funds after the resolution of any concerns raised by the Platform. Suspension periods may last for 60 calendar days, with the possibility of extension by an additional 30 days. If the Platform's concerns are substantiated, the account may be terminated.

7.4. For violations of the Terms that Diamore, in its sole discretion, deems to be unintentional or less serious, first-time violators may receive a warning and have their User Account suspended. "Warning" means a notification sent to a User Account confirming a violation of these Terms and other applicable policies. This Warning will specify the violated terms and conditions and will contain a call to cease such behavior. Repeated infractions will be construed as deliberate breaches of the Terms, which may result in direct termination of the use of the Platform and its Services.

7.5. In the event of termination or suspension, the user will be notified via email or through the Platform's internal messaging system. Termination or suspension may occur without prior notice in cases of severe breaches of the Terms of Use, including but not limited to fraudulent activity, violation of anti-money laundering regulations, or engaging in prohibited transactions.

7.6. Users subjected to suspension will have the opportunity to contest the decision by providing evidence or explanations to refute our concerns. We reserve the right to reevaluate and potentially reverse the suspension based on the provided information.

7.7. Upon termination or suspension, users are prohibited from creating new accounts on the Platform using the same or different credentials.

7.8. Users have the right to appeal decisions related to termination or suspension by contacting the support team and providing relevant details or evidence to support their case. We will review appeals promptly and make a final determination based on the information provided and the severity of the alleged violation.

7.9. Users have the right to initiate the process of terminating their account by submitting a request to the support team. Upon receiving a self-termination request, we will verify the user's identity and ensure that all outstanding obligations, such as pending transactions or fees, are settled.

7.10. We will process the self-termination request promptly, usually within a reasonable timeframe. We will confirm the successful termination of the user's account via email.

7.11. Decisions made by the Platform regarding termination or suspension appeals are final and binding.

8. Fees

8.1. A User shall pay a Service Fee for the services provided by Platform pursuant to the Fees launched by Platform.

8.2. Asset acquisition transactions might incur protocol transaction fees. These fees are not dictated by Diamore, and Diamore does not receive any share of the protocol transaction fees.

8.3. Upon acquiring an Asset, the Platform will invoice the User for the Asset's cost, the price, and storage fees, as well as the funds required for the issuance of the NFT.

8.4. When a User requests delivery of an Asset, the Platform will impose any applicable delivery charges or reasonable costs incurred by or on behalf of the Platform to facilitate the delivery of the Asset to the User.

8.5 Whether utilizing the Platform or not, when purchasing or vending an Asset or transferring it to another User, Diamore will levy a fee as outlined on the Platform.

8.6 Users bear the responsibility for all taxes and legal deductions pertinent to the possession, utilization, or disposition of the Asset by Users.

8.7 The Fees established by the Platform are subject to change periodically.

9. Intellectual property rights

9.1. Unless otherwise stated, the Platform and all content and other materials contained therein, including, without limitation, the Diamore logo, all designs, source code, database, functionality, software, text, graphics, audio, video, pictures, photographs, information, data and other files as well as the selection and arrangement  (collectively, “Content”) therein, are wholly owned, controlled, and operated by us. The trademarks, service marks, and logos therein  (collectively, the “Marks")  are also our exclusive property and are owned, in our control, or under license to us. They are protected by international copyright laws as well as other intellectual property rights and unfair competition laws. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks without the express written permission of Diamore, Diamore’s licensors or suppliers, or the third party owner of any such Marks. Misuse of any Marks is prohibited.

9.2. Subject to your compliance with these Terms, you are given a non-exclusive, non-transferable, revocable, limited license, to access and use the Services. You may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Diamore. Use of the Services and Content for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights and is strictly prohibited.

9.3. The license granted here will be terminated if the Platform or the Content is used in any way that is not expressly permitted by these Terms. Such illegal use can also be against the law, including relevant copyright and trademark laws as well as any communications laws and regulations. Nothing in these Terms, whether by estoppel, implication, or otherwise, shall be taken to provide any license to any intellectual property rights, unless such license is expressly granted. This permission may be revoked at any moment.

9.4. Diamore will enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of civil litigation and referral for criminal prosecution where appropriate.

10. Third-party websites

10.1. Our Platform may contain links to third-party websites. Please note that we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

10.2. Your interactions with third-party websites, including the purchase and use of any goods or services, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the third-party website. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such links on our Platform.

10.3. Your participation, correspondence, or business dealings with any third party found on or accessed through the Platform, including without limitation with respect to any payment for or delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

10.4. We encourage you to carefully review the terms of use and privacy policies of any third-party websites that you visit.

10.5. We may provide Users Services with the help of third parties, for example payment for Assets in cryptocurrency with the help of crypto processing service provider - Crypto Processing operator. When Users make payments on our Platform - they are governed by the Terms and Conditions, rules and other policies of said third party.

11. Limitation liability and disclaimer of warranties

11.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIAMORE AND ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND OTHER BUSINESS PARTNERS (REFERRED TO COLLECTIVELY AS THE "RELATED PARTIES") HEREBY WAIVE ALL LIABILITY, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND FURTHER DISCLAIM ALL TYPES OF LOSSES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE DIAMORE PLATFORM AND/OR SERVICES, EVEN IF DIAMORE AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR THE RELATED PARTIES ARE LIABLE FOR ANY ACTIONS TAKEN BY MERCHANTS, DELIVERY SERVICES OR THEIR FAILURE TO DELIVER ASSETS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL DIAMORE OR ANY OF THE RELATED PARTIES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE FOR AN AMOUNT GREATER THAN EITHER THE SUM YOU PAID TO US DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR 100 USD.

11.2. You acknowledge and agree that Diamore shall not be liable for any direct, indirect, incidental, special, consequential, or exceptional damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

11.2.1. Your use or inability to use the Services or the Platform;

11.2.2. The cost of obtaining substitute goods and services resulting from any products, data, information, or services purchased or obtained, or messages received or transactions entered into through or from the Services;

11.2.3. Unauthorized access to or modifications of your data;

11.2.4. Statements or conduct of any third party in connection with the use of the Services or the Platform; or

11.2.5. Any other matter relating to the Services or the Platform.

11.3. Since some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability and that of our affiliates shall be limited to the fullest extent permitted by law.

12. Force majeure

12.1. We shall not be held liable for any delay or failure to perform resulting from circumstances beyond our reasonable control, including but not limited to unforeseen events or causes beyond our control, such as acts of God, war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. Announcements

13.1 All notices mandated by this Agreement must be in written form and dispatched as follows:

13.1.1 Diamore will send notices directly to the User's Account or by posting the required notice on the Platform.

13.1.2 The User is responsible for sending all notices or any other correspondence to the Platform via the following email address: support@diamore.co.

13.2 Notices will be considered received at the time of transmission, as confirmed by the sender's records. If sent outside of regular business hours, they will be deemed received at 9 am on the first business day following transmission. Notices posted on the Platform will be effective upon posting, while notices sent via email will be effective upon sending.

13.3. All communications and notices required under these Terms must be conducted in the English language.

14. Taxes

14.1.Users acknowledge and understand that they are solely responsible for withholding, collecting, reporting, and remitting accurate amounts of taxes to the relevant tax authorities. We will fulfill any tax withholdings or filings that we are obligated to make in accordance with the law, but we are not responsible for determining whether taxes apply to your profits or for the withholding, collecting, reporting, or remitting of any taxes associated with any User actions.

14.2. The cost Users pay for Assets does not include all applicable taxes. Users are responsible for determining which taxes, if any, apply to their purchase of Assets, including, for example, sales, use, value-added, and similar taxes. Users are also responsible for withholding, collecting, reporting, and remitting the correct taxes to the appropriate tax authorities. Except for taxes that we are required to collect and remit in accordance with applicable law, we are not responsible for withholding, collecting, reporting, or remitting any sales, use, value-added, or other taxes arising from the purchase of Assets on the Platform.

14.3. We strongly recommend that Users consult with an accounting professional regarding taxes and make decisions based on their own tolerance for risk.

15. Applicable law and dispute resolution

15.1. The terms of this Agreement shall be subject to the laws of England and Wales for interpretation and governance, without consideration of conflict of laws principles that might otherwise apply the laws of another jurisdiction. 

15.2. In the event of any dispute, claim, or controversy (including non-contractual disputes) arising out of or relating to these Terms of Use or the use of our services, both parties agree to first attempt to resolve the dispute informally. If the parties are unable to resolve the dispute through informal means within a reasonable period, either party may seek resolution through the courts of England.

15.3. The pre-trial dispute resolution procedure is mandatory for Users. No User may apply to the courts or other legal methods for the protection of their rights unless this is done first in the form of negotiations with Diamore.

16. Modifications and changes

16.1. We regularly revise and amend these Terms, thus we encourage you to check them periodically. Any changes will be made available on the Platform. Additionally, we may opt to inform you of significant modifications via email in certain situations.

16.2. BY CONTINUING TO UTILIZE THE SERVICES AFTER ANY CHANGES TO THESE TERMS TAKE EFFECT, YOU SIGNIFY YOUR ACCEPTANCE OF THOSE CHANGES. SHOULD ANY ALTERATIONS TO THESE TERMS BE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUE ACCESSING, BROWSING, AND UTILIZING THE SERVICES.

17. Entire agreement

This Agreement constitutes the whole agreement between the parties and supersedes any previous agreement between them.