Effective Date: 01. Januar 2025

Welcome to dMarketplace, a decentralized e-commerce platform integrating blockchain technology, cryptocurrency payments, and AI-powered infrastructure. These Terms of Use (“Terms”) govern your access to and use of our platform, websites, mobile applications, APIs, and related services (collectively, the “Platform”).

By accessing or using the Platform, you agree to be bound by these Terms and all applicable laws. If you do not agree, you must immediately discontinue use of the Platform.

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1. Definitions

• “Merchant” – An independent seller offering goods or services through the Platform.

• “Buyer” – Any user purchasing goods or services through the Platform.

• “Order” – A confirmed transaction between a Buyer and a Merchant via the Platform.

• “We,” “us,” “our” – Refers to dMarketplace Inc., the Platform operator.

• “Third-Party Processors” – Payment service providers, blockchain networks, or settlement systems used for processing transactions

2. Scope of Services

The Platform enables independent merchants to list, promote, and sell goods or services to buyers. It also facilitates cryptocurrency and fiat-compatible payments via integrated settlement systems.

The Platform:

• Hosts merchant storefronts, listings, and promotional tools.

• Processes transactions using blockchain and third-party payment gateways.

• Provides AI-driven dispute resolution services.

• Offers compliance verification for merchants (KYB) and fraud detection.

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3. Ownership of Goods and Funds

The Platform operates solely as a facilitator between merchants and buyers. Payments for orders are processed by Third-Party Processors and directed to the applicable merchant, less applicable transaction fees, processing charges, or other deductions outlined in these Terms.

We operate a settlement mechanism that channels proceeds to the merchant in accordance with applicable laws and dispute outcomes.

We do not assume ownership or control over any funds, whether fiat or cryptocurrency. All payments and assets remain the property of the respective users or merchants, with our role strictly limited to facilitating settlement and transaction processing.

At no point does the Platform take legal ownership or title of:

• Goods listed or sold by third parties on the Platform.

• Funds paid by buyers or payable to merchants.

Our role is limited to providing the technological, contractual, and settlement infrastructure necessary for merchants and buyers to complete transactions.

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4. Settlement Timing & Price Volatility

Transactions involving cryptocurrency may be subject to delays due to blockchain confirmation times, compliance verification, or dispute resolution. The value of cryptocurrencies can fluctuate significantly before settlement is complete.

You acknowledge and agree that:

• We are not responsible for any change in value of cryptocurrency between the time of payment and settlement.

• We assume no liability for custody risk or token price fluctuations.

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5. User Eligibility

To use the Platform, you must:

• Be at least 18 years old (or the legal age of majority in your jurisdiction).

• Not be located in, or a citizen/resident of, any jurisdiction under economic sanctions or prohibited by our compliance policy.

• Provide accurate, complete, and verifiable information during registration.

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6. Merchant Obligations

Merchants must:

• Complete KYB verification before listing products.

• Ensure all goods/services comply with applicable laws and regulations.

• Provide accurate product descriptions and timely shipment tracking.

• Comply with our prohibited items policy.

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7. Buyer Obligations

Buyers must:

• Provide accurate delivery and payment information.

• Confirm receipt of goods upon delivery.

• Engage in the dispute process in good faith.

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8. Payments, Fees & Taxes

• Transaction fees, processing fees, and blockchain network fees will be deducted from order proceeds before settlement.

• Merchants are solely responsible for reporting and paying any applicable taxes.

• All payments are final unless otherwise provided under the dispute resolution process.

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9. Dispute Resolution

Disputes regarding non-delivery, damage, or misrepresentation will be reviewed using AI-powered analysis of transaction data, delivery confirmations, and supporting evidence.

• If a buyer’s claim is validated, the settlement mechanism may refund the buyer and debit the merchant.

• Repeated disputes may result in merchant suspension or removal.

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10. Prohibited Uses

You may not:

• Use the Platform for unlawful purposes, including selling prohibited goods.

• Interfere with the blockchain settlement process.

• Manipulate prices or engage in fraudulent activity.

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11. Intellectual Property

All intellectual property related to the Platform’s design, software, and brand belongs to dMarketplace Inc. You may not reproduce, modify, or distribute our materials without prior written consent.

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12. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages.

• We are not liable for losses from cryptocurrency volatility, failed blockchain transactions, or Third-Party Processor errors.

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13. Indemnification

You agree to indemnify and hold harmless dMarketplace Inc., its affiliates, and its officers against any claims, damages, or losses arising from your use of the Platform or violation of these Terms.

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14. Privacy & Data Use

We collect and process personal and transactional data in accordance with our Privacy Policy. By using the Platform, you consent to such collection and processing.

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15. Communications

The Platform may send administrative, promotional, and service-related communications. Users may opt out of promotional messages per the Platform’s communication settings.

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16. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Report any unauthorized access immediately.

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17. Third-Party Services

The Platform may integrate third-party payment processors, shipping providers, and blockchain networks. We are not responsible for the actions or failures of third-party services.

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18. Termination & Suspension

We may suspend or terminate your account for violations of these Terms, illegal activity, or repeated disputes. Merchants may also face suspension for KYB or compliance failures.

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19. Feedback & Suggestions

Any feedback provided to the Platform may be used freely by dMarketplace without restriction or obligation.

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20. Modifications to the Platform

We may modify, upgrade, or discontinue features or services at any time without notice.

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21. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions. Any disputes will be resolved exclusively in the courts of New Castle County, Delaware.

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22. Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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23. Entire Agreement

These Terms, along with our Privacy Policy and any additional agreements posted on the Platform, constitute the entire agreement between you and dMarketplace regarding your use of the Platform.

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24. Contact Information

dMarketplace Inc.
128 Sunset Blvd #1272, DE, 19720 New Castle
[email protected]