Terms of Use
Domus Exchange
Terms of Use
Last revised: 19 November, 2024
1. Welcome to Domus!
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE DOMUS PLATFORM AND SERVICES
These Terms of Use are entered into between you (hereinafter referred to as “you” or “your”), as User, and, on the other side, DOMUS CENTRALIZED S.R.L. (hereinafter referred to as “us”, “we” or “Domus”), as the operator of the Platform.
Acceptance of Terms. By accessing our Platform and using our Services, you fully acknowledge that you have read, understood, and accepted to be bound by these terms and conditions, which shall form a legally binding agreement between you and Domus (hereinafter referred to as “Terms”).
Additional Terms. When you decide to access, test or use specific features described or available on the Platform, you may be subject to specific Additional that will be displayed in the corresponding section and must be accepted before accessing those features.
2. Who we are and how to contact us
Who Is Domus? “Domus Crypto” is envisioned as the first crypto exchange powered by GenAI, designed especially for beginners and casual asset holders. With an AI-driven platform and a trading assistant, the platform seeks to provide an easy entry into crypto trading, offering simplicity, insights, and personalized guidance for its users (hereinafter referred to as the “Platform”).
Contact Us. Should you have any queries regarding the Platform or our Services, please do not hesitate to contact us at [email protected].
3. Definitions (a-z)
“Account” refers to a personalized profile created by the User to access the Platform.
“Additional Terms” refers to any additional and distinct agreement entered into between Domus and any Users, in relation to other features available on the Website (e.g. Domus Coin (DMC)).
“Applicable Law” refers to all laws, regulations, statutes, directives, decisions, and other legal provisions in force in Romania, including but not limited to European Union laws, regulations, and directives, as well as any relevant international treaties, guidelines, and local laws that govern or affect the use of the Platform and Services.
”Authority”
means any statutory governmental, judicial, or other authority or any of them or any of their authorized representative;
”Blockchain” is a system of recording information, in a way that makes it difficult or impossible to change, hack, or cheat the registered data and the system, in general using cryptography and being duplicated and distributed across the entire network of computer connected on the blockchain; in the context of these Terms, this may refer to the Blockchains linked to the Platform.
”Cases of force majeure” represents extraordinary events or circumstances which neither Party could have foreseen or prevented by reasonable means, including but not limited to natural disasters, war, revolution, uprising civil insurrection, acts of terrorism, expropriation, nationalization, nuclear explosion, radioactive or chemical contamination or ionizing radiation, except lack of funds, which will not be a Force Majeure Case.
”Crypto – asset” means a digital asset in which transactions are verified and records maintained by a decentralized system using cryptography named Blockchain, such as (i) utility tokens or (ii) other digital asset designated as means of exchange.
“Domus Coin (DMC)” refers to the Crypto – assets as described in the Token Documentation.
”Domus” it is a reference to DOMUS CENTRALIZED S.R.L., a Romanian legal entity headquartered at 122 Mihai Bravu Road, D27 Building, 1st Entrance, 2nd Floor, Ap. 6, Bucharest, Romania, as the owner and the operator of the Platform.
“Electronic Wallet” means the technical solution that allows a user to store, send or receive Crypto – assets, NFTs or other digital assets by using Blockchain infrastructure. Each wallet has a Public Address to which is assigned a unique Private Key.
“Gas Fee” refers to the fees charged by the Blockchain infrastructure for performing and validating a transaction; generally, the gas fees is different are charged in the native Crypto – asset of each Blockchain.
“Issuer” means any individual or entity who issues a Crypto – asset listed on the Platform.
“LIA” pertains to the artificial intelligence-based virtual assistant that provides Users with assistance related to the buying, selling, or exchanging of Crypto-Assets, as well as market information and predictions.
“Platform” refers to the Domus crypto-exchange platform, including its website www.domuscrypto.com and any related services provided by Domus.
“Private Key” refers to a confidential alphanumeric cryptographic code, uniquely associated with an Electronic Wallet, enabling its holder to access and control the associated digital assets or perform secure transactions on a Blockchain or interact with other digital platforms.
”Public Address” means the sequence of characters (letters and numbers) that identifies an Electronic Wallet;
“Recovery Phrase” means the specific sequence of words generated by the Blockchain infrastructure, when initiating an Electronic Wallet allowing the user the possibility to re-access / re-configure their Electronic Wallet, with the observance of the conditions imposed by the Electronic Wallet service provider.
“Services” refers to the features and functionalities made available through the Platform, including but not limited to the facilitation of buying, selling, exchanging, and managing Crypto-Assets, the provision of market insights, predictions, and information via the virtual assistant LIA, account management services, and access to cryptocurrency-related news and aggregated content. The Services may also include any additional tools, resources, or updates provided by Domus to enhance the User experience on the Platform;
“Third – Party Account” refers to an account that a User holds with external platforms, such as Google or X, which may be used to register on the Platform;
“Token Documentation” pertains to the documentation related to the Domus Coin (DMC) on the Platform and/or other official websites of Domus or its affiliates (e.g. whitepaper, terms and conditions);
“Users” refers to any individual or entity that accesses, browses or otherwise uses the Platform and the related Services.
4. Pre – contractual Details. Cautionary Advice.
4.1. Pre – contractual details
Eligibility. All Services are available only to persons who are at least 18 years of age or are otherwise considered as having full civil capacity of their rights according to the applicable national regulations.
No Investment Advice. Domus does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of the information published on the Platform, or provided through other relevant means of communication by Domus or the Users.
4.2. Crypto – assets characteristics and risks
Crypto – assets Characteristics. Crypto-assets are digital assets, usually being fungible and divisible, facilitating seamless cross-border exchange without intermediaries, while also enabling programmable transactions through smart contracts for automation and customization
Risks of Loss. All Users must understand and accept the risks of using Crypto-assets and similar digital assets. These risks include price fluctuations, where the value of any Crypto-asset in the market can change drastically every second, potentially resulting in the partial or total loss of funds.
Utility of the Crypto – assets. It is important to note that any utilities and/or features of the Crypto – assets within the associated projects shall be subject to specific terms and conditions as established by the Issuer, if any. Users are hereby advised to carefully observe and adhere to those specific terms and conditions applicable, including the Crypto – asset documentation, before engaging in any activities on the Platform.
4.3. Good knowledge of the Blockchain technology
Blockchain Knowledge. Accessing the Platform, the related Services, and engaging in Crypto – assets transactions require a thorough grasp of Blockchain technologies, ‘non-custodial’ Electronic Wallets, and a solid understanding of the Crypto – assets market.
Decentralized Networks. Users acknowledge that Crypto-assets operate within decentralized networks without intermediaries and lack the status of legal tender, unlike currencies issued by central banks. The legal framework governing Crypto-assets varies based on the jurisdiction in which Users reside, and Crypto-assets may be prohibited or subject to regulatory frameworks that could substantially diminish or completely devalue them.
No Value Warranty. Users are further informed that Crypto-assets constitute digital assets whose value is not intrinsically assured and is contingent upon unregulated markets, where fraudulent activities may transpire beyond conventional financial oversight. Users are exposed to substantial risks of potential depreciation in the value of any Crypto-asset.
User Risk Awareness. If Users have any doubts or do not fully grasp the functioning of Blockchains, non-custodial Electronic Wallets or Crypto-assets, it is recommended that they refrain from accessing the Platform and using the Services.
5. Access to Services
5.1. Enrolment Process
Account Creation. To access the Platform, each User must create an Account either by (i) registering directly on the Platform using an e-mail address and setting a password or (ii) signing in through a Third – Party Account (e.g. Google or X).
Third – Party Account Use. If you choose to create an Account using a Third-Party Account, you authorize Domus to access and use the data provided by the third party for the purposes of creating your Account on the Platform. You agree that the information shared will include, but is not limited to, your name, email, and any other information required for enrolment.
5.2. Services offered by Domus to the Users
Services. The Services facilitate User interaction, allowing them to engage in activities such as trading on the Platform, provision of market insights, predictions, and information via the virtual assistant LIA, account management services, and access to cryptocurrency-related news and aggregated content.
Services Fees. Transactions conducted on the Platform may incur fees collected by Domus to sustain the Platform, as outlined on the therein or detailed within these Terms. Each User additionally commits to covering any other fees, encompassing Gas Fees and hosting charges, and grants authorization for Domus to automatically charge such fees or deduct them directly during any operations conducted on the Platform, as specified when accessing each type of Service.
Taxes. Users acknowledge and agree that they are solely responsible for complying with any taxes or duties imposed under the applicable laws of their respective countries of residence in relation to their transactions on the Platform. Domus bears no responsibility for ensuring compliance with tax obligations and disclaims any liability arising from the failure of Users to fulfill their tax obligations.
User Responsibility. Users acknowledge and agree that they are solely responsible for their actions and transactions on the Platform. Domus does not have control over Users’ transactions, funds, or activities on the Platform as such transactions are irreversible.
5.3. Crypto – assets Trading
Trading. Domus provides Users with access to a marketplace for the trading of Crypto-Assets, subject to the availability of trading pairs, liquidity, and prevailing market conditions. The Platform facilitates the buying, selling, and exchanging of various digital assets listed on Domus, allowing Users to trade in supported cryptocurrency pairs.
Limitations. However, the execution of trades is contingent upon factors such as market depth, liquidity levels, and pricing fluctuations, all of which are determined by market forces outside Domus’s control. Domus does not guarantee the availability of specific trading pairs or uninterrupted trading services and reserves the right to modify or remove certain assets or trading pairs from the Platform at its discretion.
5.4. LIA – Virtual Assistant
Overview. LIA is a virtual assistant powered by artificial intelligence, designed to provide Users with assistance related to buying, selling, or exchanging Crypto-Assets available on the Platform. LIA also provides market information, price predictions, and other cryptocurrency-related insights.
Use Cases. Through LIA, Users can:
(i) Receive assistance in navigating the Platform, including placing buy or sell orders for Crypto-Assets.
(ii) Access market predictions and price trends for specific digital assets.
(iii) Obtain general information about Crypto – assets, market news, and trends.
Disclaimer. LIA’s predictions, market insights, and information are based on algorithms and publicly available data. They do NOT constitute financial, legal, or investment advice. Domus does not guarantee the accuracy, completeness, or reliability of LIA’s outputs, and you acknowledge that you are solely responsible for any decisions made based on the information provided by LIA. All trading and financial activities on the Platform are conducted at your own risk.
6. KYC/AML Compliance
User Verification. To unlock full access to the Platform’s functionalities, including but not limited to trading and withdrawing Crypto-Assets, you must complete the KYC/AML procedures. This may include providing personal identification documents, proof of residence, and other information required to verify your identity.
Ongoing Compliance. Domus reserves the right to amend the KYC/AML procedures at any time. You agree to comply with any updated requirements and provide Domus with any additional documents requested to fulfil regulatory obligations.
Failure to Comply. Failure to complete or update the KYC/AML process may result in the suspension or termination of Your Account and restricted access to the Platform and the related Services.
7. Assumption of Risks
Investment Advice. The information provided on the Platform, including Domus Coin (DMC) documentation and other details related to any Crypto – assets listed on the Platform is for informational purposes only. It should not be construed as investment advice, and Users are encouraged to conduct their own research and due diligence before participating in any transactions within the Platform.
No Endorsement. Domus does not endorse or guarantee the performance, success, or value of any Crypto – asset listed on the Platform. The inclusion of a Crypto – asset on the Platform does not constitute an endorsement or recommendation by Domus, as Users participate and use the Services at their own risk.
Volatility Warning. Users acknowledge and accept the inherent risks associated with participating in the Crypto – assets market, including but not limited to price volatility, liquidity risks, and potential loss of funds. Prices of Crypto – assets may fluctuate significantly and may result in substantial losses.
Regulatory Compliance. Users are responsible for ensuring compliance with all Applicable Laws, regulations, and guidelines, including but not limited to anti-money laundering (AML) and know-your-customer (KYC) requirements. Domus does not provide legal advice, and Users should seek independent legal counsel regarding regulatory compliance.
Technical Risks. Using Internet-based assets (such as Crypto – assets) carries risks, such as potential hardware, software, and internet connection issues, as well as the risk of malware and unauthorized access to wallet information. You understand and agree that Domus is not liable for any communication failures, disruptions, errors, distortions, or delays during your use of the Services, regardless of the cause.
8. Prohibition of Use and Commitments
Depending on your country of residence, incorporation, or registered office, you may not be able to access or use any of the Services. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you are interacting with our Services.
As User, you represent and warrant that you have not been included (directly/indirectly) and have no relationship (directly/indirectly) with any person whose citizen or resident of a country which is/was included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (The Office of Foreign Assets Control of the U.S. Department of the Treasury), the Financial Action Task Force (FATF), International Traffic In Arms Regulations (ITAR) or the denied persons or entity list of the U.S. Department of Commerce. The restrictions herein target the inclusion as a natural/legal person on the above-mentioned lists as well as the inclusion of the User citizenship or residency state.
We have the right to choose the markets and jurisdictions wherever it finds appropriate to conduct the business, and may restrict or refuse, in its discretion, the provision of Services in certain countries or regions.
9. Technical Partners and Providers and Third Parties
Services may occasionally be accessed through separate third-party websites or Platform, in which case those platform’s own policies, limitations, and terms & conditions will fully apply to those services.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Henceforth, under no circumstances should we be considered liable or a party to any business relationship/agreement concluded between any person and the third-party providing services in connection with the Services, even those services promoted or displayed on the Platform.
10. Campaigns
We may propose or accept to organize different Campaigns for different purposes, such as marketing Campaigns (Giveaways, Airdrops, Bounty) or economic Campaigns for supporting certain Crypto – assets projects.
Campaigns may be directly organized through the Platform, where those Terms and other Additional Terms will be applicable, or through third party’s services, where the Campaigns will be fully governed by their terms & conditions.
We are not responsible to any advertising campaigns which is not directly and fully conducted by us, even if those advertising campaigns are displayed on the Platform or can be accessed through external links/hyperlinks available in the Platform.
11. Security
It is explicitly stated that we shall not be held liable for any actions or inaction in relation to your Electronic Wallets during the use of the Platform, which may include, but are not limited to, the transfer, reversal of transfer, or recovery of access to said wallets.
Any action in connection with the Electronic Wallet/s, including actions related to your digital assets (e.g. Crypto – assets) shall be deemed to have been made by you.
We shall not be held liable for any loss or consequences caused by authorized or unauthorized use of Electronic Wallets, including but not limited to access caused by information disclosure, hacking, information release, phishing, etc.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the regulation which governs the Platform’s activity. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12. Restrictions
During the use of our Services, Users firmly assert to:
• fully comply with the requirements of Applicable Laws and regulations, as well as these Terms;
• do not violate other person’s rights, public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other person from using the Services;
• refrain from for any kind of market manipulation in connection with any Crypto – assets available on the Platform (such as but not limited to pump and dump schemes, self-trading, wash trading, quote stuffing, front running, and spoofing or layering, regardless of whether prohibited by law);
• not try to identify any vulnerability of the Platform (including the third party integrated), or violate any security or authentication measures;
• falsely claim to be or misrepresent your association with any individual or organization;
• generate or list counterfeit items;
• participate in fundraising activities for a business, protocol, or platform through the Services, including but not limited to creating, listing, or purchasing assets redeemable for financial instruments, assets conferring participation rights in securities offerings, or assets providing financial rewards, such as DeFi (decentralized finance) yield bonuses, staking bonuses, and burn discounts;
• place misleading bids or offers.
You expressly empowered us to perform any action to identify and investigate any violation of these Terms, unilaterally determine whether you have violated any provisions and take actions (without your prior consent or notice) such as, but not limited to:
• blocking and closing your ongoing activities;
• reporting the incident to the competent authorities;
• publishing the alleged violations and actions that have been taken;
• deleting any information you published that are found to be violations.
13. Indemnification
You agree to indemnify and hold harmless us, our affiliates, contractors, licensors, and their respective directors, officers, employees and agents 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, Platform, Crypto – assets under the control of any User or third – party, (ii) your breach of these Terms, or (iii) your violation of any applicable laws, regulation, or rights of any third party during your use of the Services.
In such cases, we will have the right, in our sole discretion, to control any actions or proceedings and to determine whether we wish to settle, and if so, on what terms.
14. Warranty and Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE THE SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”. YOUR USE OF THE SERVICES, INCLUDING OUR CONTENT WITHIN THE SERVICES (and excluding the content posted by users), IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE TOKENS OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE CRYPTO – ASSETS (INCLUDING THEIR VALUE), THE SERVICES, OR ANY OTHER AVAILABLE FEATURE OR REGARDING THEIR PROFITABILITY, ACTUALLY, ACCURACY, USABILITY ETC.
YOU UNDERSTAND AND ASSUME THAT ANY DECISION FOLLOWING OR IN CONNECTION WITH THE SERVICES, ANY CRYPTO – ASSETS AND THE CONTENT AVAILABLE ON THE PLATFORM OR ANY OTHER AVAILABLE FEATURES IS BASED ON YOUR OWN RESEARCH AND RESPONSIBILITY.
SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.
15. Liability
To the fullest extent permitted by Applicable Law, you agree and understand that we will not be liable for: any indirect, special, incidental, consequential, treble or other multiples of damages, exemplary or punitive damages arising from or in connection with these Terms or your use of the Services, the NFTs, etc.
We and our affiliated entities shall not be held liable for any loss of profits, revenues, business opportunities, diminution in value or any other losses (collectively “Losses”) arising from or in connection with these Terms or your use of or access to the Services, including, but not limited to:
(i) the deletion of, alteration of, mis-delivery of or failure of the Crypto – assets to other Electronic Wallets while using the Services;
(ii) downloading or sharing of information, including personal information, during the use of our Services;
(iii) the unauthorized access to your Electronic Wallet/s or your Account;
(iv) services provided by third parties in connection with the Crypto – assets available on the Platform;
(v) your dealings with or participation in promotional campaigns of third – parties found while using our Services.
The Users recognize that Domus operates solely as an intermediary facilitating the interaction between Users while they are engaged using the Services. Domus does not create, endorse, or control the content of Crypto – assets listed on the Platform, nor does it provide investment advice or guarantee any performance or Crypto – assets value.
Domus disclaims any responsibility and shall not be in any way liable for the actions, conduct, or performance of Users and/or any Issuer, as well as for the outcome of any transactions or engagements facilitated through the Platform.
We will not be liable for damages caused by others, the wrongful or unlawful actions of third parties, or an act of God. The limitations and exclusions in these Terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.
Without detracting from the general nature of the aforementioned, the Users acknowledge the existence of various risks associated with the Crypto – assets and their future developments.
The Crypto-assets available for trading on the Platform are independently issued and operated by third-party entities. Domus does not own, issue, control, endorse, or guarantee the value, performance, or legality of any Crypto-assets listed. Users acknowledge and agree that they are solely responsible for conducting their own due diligence and assessing the risks associated with trading or holding any Crypto-assets. Domus is not liable for any losses arising from the volatility, legal status, or failure of any Crypto-asset or its Issuer.
Furthermore, Domus does not provide any assurance regarding the compliance of listed Crypto-assets or their Issuers with any applicable laws or regulations. Users should ensure they comply with all relevant laws in their jurisdiction before engaging in any transactions involving Crypto-assets.
To the fullest extent permitted by law and except as otherwise stated in these Terms, we are not liable in connection with any disputes that arise out of or relate to the Services or any Crypto – assets, pools, etc, available on the Platform.
16. We may make changes our Terms
We might change, add or remove parts of these Terms at any time and in our sole discretion. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We will notify such changes by simply updating the terms on our Platform and modifying the [Last revised] date displayed on this page.
All modifications or changes to these terms will become effective upon publication on the Platform or release to users.
It is your responsibility to review the amended Terms. Your continued use of the Services following the changes to the Terms, you accept and agree to the changes, and that all subsequent activity performed by you will be subject to the amended Terms.
If you have any question regarding or in connection of the information mentioned in these Terms, please do not hesitate to do directly contact us.
17. We may transfer this agreement to someone else
The transfer of rights and obligations arising from these Terms and / or the use of the Platform is subject to our prior written consent.
You expressly agree that the we may unilaterally transfer all rights and obligations that may be stemming from these Terms without your consent.
18. Which country’s laws apply to any disputes?
The relationship between the Users and us and any disputes arising from the use of the Platform and/or its Services shall be governed by and construed in accordance with the Applicable Law, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to this website shall be brought exclusively in the competent courts as per the Applicable Law.
To the maximum extent permitted by the Applicable Law, any invalid or unenforceable term or provision of these Terms shall not affect the validity or enforceability of the remaining terms and provisions thereof or the validity or enforceability of the offending term or provision in any other situation. To the maximum extent permitted by the Applicable Law, you and us, acting in good-faith, shall attest the nullity or unenforceability of the respective term or provision and shall replace it by a valid or enforceable term or provision which most accurately reflects the economic and legal purpose of the invalid or unenforceable term or provision.
