In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings, respectively:
"Account" means any account or sub-account maintained by GoTrow for you.
"Account Credentials" means your account information, username, password, personal identification number, API key, API secret key, or any other code or form of authentication that you use to access your account or Services or send instructions.
"Account History" means the written records, including electronic records, of your transactions and your account.
"Related Party" means an individual, entity or company that directly or indirectly controls, or is directly or indirectly controlled by, or is jointly controlled by, another person, entity or company by a third party.
"Airdrop" is the distribution or attempted distribution of any digital asset by a network of digital assets to a digital asset address that supports the network.
"API" means an application program interface provided by GoTrow, its affiliates, or third-party applications that rely on the API.
"Applicable Law" means all relevant or applicable statutes, laws, principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, local ordinances, awards, directives, announcements, notices, mandatory codes of conduct, guidelines, notes of practice and issued by any government or regulatory authority applicable to the provision, receipt or use of the Services, or interpretation of any other products or deliverables in connection with the Services, this Agreement or other applicable terms and conditions.
"Authorized Person" means any person identified by you and notified to us who is authorized to act on behalf of the User in respect of any corporate account.
"Available Digital Assets" means digital assets available on the Platform in connection with the services, which may change from time to time.
"GoTrow Intellectual Property" means all intellectual property rights owned by or licensed to GoTrow.
"Company Account" means an account maintained by GoTrow for the purpose of providing services to a company, entity or other organization.
"Digital asset" means a digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-homogeneous tokens and tokenized derivatives of any other digital asset. Digital assets do not include fiat currencies (as defined below).
"Dominant digital asset" means a forked digital asset, in GoTrow's sole discretion, that is dominant relative to one or more other versions of the digital asset resulting from the relevant fork.
"Fiat currency" means any national or supranational currency issued by a government or central bank that is not a digital asset, or other pecuniary debt denominated in such currency.
"Fork" means any planned, unplanned, sudden, scheduled, anticipated, unexpected, public, unknown, consensual and/or disputed change to the basic rules of operation of certain digital assets that occurs from time to time, creating one or more versions of the existing digital asset.
"Improper intent" means GoTrow's reasonable judgment that you may have engaged in suspected or actual market manipulation and/or market abuse, including, but not limited to, profiting when the executable price of the transaction is out of line with the current market price, or unduly profiting by using GoTrow's way of providing the price.
"Order" means any order, request or order issued by you or an authorized person to GoTrow in such medium, form and manner as GoTrow may require in connection with the operation of your account or the execution of any transaction.
"Intellectual Property" means: (i) registered and unregistered copyrights, patents, database rights and rights to trademarks, designs, know-how and confidential information; (ii) an application for registration of any of the above rights and the right to apply for registration; (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"Cyber event" associated with a digital asset is any event (other than an airdrop or fork) on the blockchain or smart contract on which the digital asset is located that is beyond our control and results in (a) the loss of control or ownership of the virtual asset by GoTrow or a third party; or (b) the transaction record on the blockchain is tampered with, reversed or otherwise invalidated, whether by fraud or consensus, including but not limited to any double-spend attack, 51% attack or blockchain reorganization, in GoTrow's sole discretion in good faith.
"Platform" means a digital platform that GoTrow or its affiliates may make available to you through a website, mobile application, API or other means specified by GoTrow or its affiliates from time to time.
"Product Terms" means the specific product terms and conditions that apply when using the Services.
"Risk Disclosure" means GoTrow's risk disclosure statement published on the Website.
"Services" means the services GoTrow provides to you through the Platform.
"Transaction" means selling, buying or entering into, or agreeing to sell, buy or enter into any other type of transaction involving digital assets, derivatives, other assets or products that GoTrow may from time to time allow to be conducted on the Platform and the transfer of digital assets into or out of your account.
"U.S. Person" means any natural person who is a U.S. citizen or resident, or any entity incorporated, incorporated, or operated in the United States, or any entity whose director, ultimate beneficial owner, or authorized person is a U.S. citizen or resident.
"User Intellectual Property" means the intellectual property owned or licensed to you by you as of the effective date of this Agreement and any other intellectual property owned or acquired or licensed to you by you after the effective date of this Agreement, excluding GoTrow Intellectual Property.
"User Created Intellectual Property" means any intellectual property created by you under this Agreement, including User material, but excluding User Intellectual property.
"User Material" means the intellectual property in any comments, posts, information, data and opinions that you or other users provide to GoTrow on the Site or Platform through the use of the Services or otherwise.
"Website" means any other website, pages, features or content located at www.gotrow.com and owned or operated by GoTrow.