GRAY MARKET

Terms of Use

Standards and guidelines governing professional conduct, integrity, and transparency for all Gray Market users.

Last updated Feb 02, 2024

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Welcome, and thank you for your interest in The Gray Market, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Products & Services”). These Terms of Service are a legally binding contract between you and The Gray Market regarding your use of the Products & Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THESE PRODUCTS & SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE  GRAY MARKET TERMS OF USE, USER AGREEMENT, PRIVACY POLICY, AND OTHER POLICIES REFERENCED BELOW (TOGETHER, “THESE TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, GRAY MARKET’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY THE GRAY MARKET AND BY YOU TO BE BOUND BY THESE TERMS.

USER DISPUTE NOTICE. The Gray Market will make every effort to settle claims and disputes with users.  Users must contact The Gray Market regarding any disputes or claims before attempting outside intervention via individual arbitration. Except for certain kinds of disputes where settlement can not be reached, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THE GRAY MARKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.  Contact the Gray Market via Discord application, or email for any and all claims and disputes before escalation of grievance. The Gray Market Email: support@gray.market

1. Gray Market Pro Services Overview

Gray Market Pro is a subscription based program that provides user access to The Gray Market Products & Services. The Gray Market operates its Services as a decentralized web application marketplace for digital Products & Services where authorized users can deposit funds, invest funds, transfer funds, withdraw funds, and purchase a Gray Market Pro membership (known as "Participating Members”). All Products & Services are provided solely by the Gray Market company (collectively, the “Company”).

2. Eligibility

You must be at least 18 years old to use the Gray Market Products & Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Products & Services; and (c) your registration and your use of the Products & Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access most features of the Products & Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information, or to link certain outside accounts, such as credit card information, banking account, other account or a digital wallet (“Linked Accounts”). You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You further agree that all Linked Accounts are your own and you have all necessary rights to link them to the Products & Services. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@gray.market or open a Discord help ticket.

4. General Payment Terms

Certain features of the Products & Services, including the membership, withdrawal or transfer of funds or certain Products & Services, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are denominated in the stated currency or other means of payment and are non-refundable unless otherwise specifically provided for in these Terms.

  1. Price. The Gray Market reserves the right to determine pricing for Products & Services and any fees it may charge on transactions conducted on the Products & Services. The Gray Market will make reasonable efforts to keep pricing information published on the Products & Services up to date. We encourage you to check our website periodically for current pricing information. The Gray Market may change the fees for any feature of the Products & Services, including additional fees or charges. The Gray Market, at its sole discretion, may make promotional offers with different features and different pricing to any of The Gray Market’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

  2. Authorization. You authorize The Gray Market to charge all sums for the orders that you make for any level of Products & Services you select, as described in these Terms or published by The Gray Market, including all applicable taxes, to the payment method specified by you. If you pay any fees with a credit card, then The Gray Market may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

  3. Sales Tax and Withholding Taxes.

    1. Sales, Use and Similar Taxes. In some instances The Gray Market may have an obligation to add sales or use tax to the purchase price of Products & Services listed on The Gray Market website. In such cases, The Gray Market will list the appropriate taxes, charge and collect them as part of the marketplace transaction and either remit the taxes to the applicable taxing authority or transmit the collected taxes to Sellers for Seller remittance and reporting to tax authorities.

    2. Withholding Taxes. In some instances The Gray Market may be the Merchant of Record (MoR). As the MoR, The Gray Market may be obligated to withhold tax amounts from payments to vendors. The Gray Market may withhold from any amounts payable under this Agreement to Sellers or Renters such as federal, state, local or foreign taxes as shall be required to be withheld pursuant to any applicable law or regulation. In instances where The Gray Market is not the Merchant of Record, The Gray Market does not bear any legal obligation or responsibility to collect, report, and remit any such taxes on behalf of a Seller or Renter under any circumstances.

  4. Pro Membership Price.  The Gray Market Pro Membership allows users to access Gray Market Products & Services. The Price is determined at the sole discretion of The Gray Market and is subject to change.

  5. Products & Services Price.  Certain actions such as transfers or withdrawals may cause a fee or a charge. The Price is determined at the sole discretion of The Gray Market and is subject to change.

  6. Subscription Service.  The Products & Services may include certain subscription-based Products (the Subscription Product), or certain aspects of the Service itself may result in automatically recurring payments for periodic charges (the “Subscription Fee”).  Please reference The Gray Market Subscription Agreement for further information regarding subscriptions. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Product. Your access to the Subscription Product will begin on the Subscription Billing Date and continue for the subscription period specified when you make your purchase (such period, the “Initial Subscription Period”). Some subscriptions may automatically renew for additional periods if specified in the Subscription Product description (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Product, or the Subscription Product is terminated by the third party vendor, or us. If you activate a Subscription Product, then you authorize The Gray Market or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Product, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Product for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Product before it renews unless otherwise specified in the Subscription Product’s description in order to avoid billing of the next periodic Subscription Fee to your account. The Gray Market or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Product by following the cancellation steps described in the product description or by contacting us at support@gray.market. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.

  7. Delinquent Accounts. The Gray Market may suspend or terminate access to Products & Services, including fee based portions of the Products & Services, or any Product, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then The Gray Market reserves the right to revoke access to The Gray Market Products & Services.

5. Fulfillment - Refunds - Cancellation

These policies and provisions will aid Participating Members to determine how The Gray Market fulfills orders and payments made by credit card via the payment processor Stripe. These terms refer to the offer, acceptance and consideration of payment necessary to utilize The Gray Market’s digital Products & Services in respect of these provisions of the Company’s stated services.

Fulfillment Policy

At The Gray Market, we strive to provide Products & Services that exceed expectations. User satisfaction is a priority for the company, and the team evaluates all positive and negative feedback in order to improve customer service and user experience. This Fulfillment Policy informs Participating Members about the delivery policy and the rules and guidelines related to the refunds for services purchased from The Gray Market. Please read this Policy carefully to understand your rights and also understand the rules and requirements for a refund. Payment for our Products & Services and refunds are denominated in U.S. Dollars.

Delivery Policy

The Gray Market is a financial technology company operating multiple modern investment vehicles as digital Products & Services.  These Products & Services are delivered to users via electronic and digital methods of communication including email, website, decentralized application, and other forms of electronic communication.  Participation requires user access to the Gray.Market website, as well as access to the decentralized application.  Access to Products & Services are provided to the Participating Member immediately following payment for the Gray Market Pro Subscription Service.

Refunds

The Gray Market may offer a refund if the user/Participating Member is not completely satisfied with their utilization of The Gray Market Products & Services during the term of use. Refunds are not guaranteed. Refund requests will be reviewed on a case by case basis. Refunds apply to the Gray Market Pro Subscription Service monthly payments processed by Stripe. A refund will be applied to the Original Payment Method utilized by the Participating Member. Refunds can take 7-14 business days to process and settle when dealing with a Participating Members bank or credit card. 

Initiating a Refund

In order to initiate a refund, the Participating Member should open a help ticket in The Gray Market Discord.  Inform the team member that you would like to initiate a refund to start that process. Or Contact The Gray Market via email: support@gray.market Provide detailed information related to the refund including Participating Member information, Gray Market account information, blockchain wallet information, payment information such as payment type, payment date, and payment method.

Exceptions

Notwithstanding other provisions of this Policy, we may refuse to grant a refund if: 

  • You received what you ordered, but simply changed your mind about the service

  • You did not fully understand The Gray Market Products & Services prior to purchase

  • You fail to abide by The Gray Market Terms of Use, User Agreement, or any other Policy & Agreement

  • You are removed from The Gray Market for violations of terms or policies

  • You failed to request a refund and cancel your Pro Membership before being charged for the next subscription period

Returns The Gray Market provides digital Products & Services. No returns can be made on those services, but in some circumstances we offer refunds. Our refund policy has been explained above.

Cancellation Policy

YOUR PRO MEMBER SUBSCRIPTION SERVICE CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Product. 

Potential Fees

Charges or fees from third-party service providers are not covered by The Gray Market. The Gray Market is unable to initiate returns or refunds on behalf of a merchant or any other third-party service. To initiate a refund from a third-party, please reach out to the merchant that created the charge. Products & Services purchased from gray.market could be subject to a refund fee up to 25% of the item. Refunds of financial Products & Services could have additional fees added to transactions if they are not within the typical product cycle/billing cycle. Additional fees for refunds are handled and decided on a case by case basis and do not always apply.  

How to file a complaint

If you are dissatisfied with the Products & Services provided by The Gray Market, and you are eligible for a refund under the terms of this Policy, you can file an email complaint to support@gray.market. All complaints will be investigated by The Gray Market team.

6. Licenses

  1. Limited License. Subject to your complete and ongoing compliance with these Terms, The Gray Market grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non sublicensable, revocable license to: (a) access and use web-based, mobile or other downloadable applications associated with the Products & Services (whether accessed or installed by you or on a mobile device that you own or control); and (b) access and use the Products & Services. The foregoing license does not include ownership or unauthorized access/use of any Products & Services.

  2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of any part of the Products & Services; (b) make modifications to the Products & Services; or (c) interfere with or circumvent any feature of the Products & Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Products & Services, then you may not use it.

  3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Products & Services (“Feedback”), then you hereby grant The Gray Market an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Products & Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

7. Ownership; Proprietary Rights

All Products & Services are owned and operated by The Gray Market. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Products & Services provided by The Gray Market (“Materials”) are protected by intellectual property and other laws. All Materials included in the Products & Services are the property of The Gray Market or its third-party licensors. Except as expressly authorized by The Gray Market, you may not copy or make use of the Materials.

8. Third-Party Terms

  1. Third-Party Services and Linked Websites. The Gray Market may provide tools through the Products & Services that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Products & Services with an account on the third-party service, such as MetaMask, Twitter, Stripe or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize The Gray Market to transfer that information to the applicable third-party service. Third-party services are not under The Gray Market’s control, and, to the fullest extent permitted by law, The Gray Market is not responsible for any third-party service’s use of your exported information. The Products & Services may also contain links to third-party websites. Linked websites are not under The Gray Market’s control, and The Gray Market is not responsible for their content. Further, The Gray Market will not provide exports of third-party data (i.e. Stripe Express accounts) because the option to link to owned data that is readily accessible is already available with the applicable third party. Please be sure to review the terms of use and privacy policy for the Gray Market, and of any third-party services utilized by this platform. Once sharing occurs, The Gray Market will have no control over the information that has been shared.  

  2. Third-Party Software. The Products & Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

9. Communications

  1. Discord Notifications. When you install the Discord app and access The Gray Market Community on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting discord’s “settings” page or by muting notifications via the “Server Settings” in The Gray Market discord. 

  2. Email. We may send you emails concerning our Products & Services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

10. User Agreement

By accessing or using our Products & Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, you should not access or utilize our Products & Services:

Participating Members shall Not:

  1. Use the Service or sell any Products for any illegal purpose or in violation of any local, state, national, or international law;

  2. Violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; 

  3. Access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by The Gray Market; 

  4. Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

  5. Interfere with the operation of the Service or any user’s enjoyment of the Service, including by:

    1. uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;

    2. making any unsolicited offer or advertisement to another user of the Service;

    3. collecting personal information about another user or third party without consent; or

    4. interfering with or disrupting any network, equipment, or server connected to or used to provide the Service

    5. harassing any user with unsolicited, unwelcome, disrespectful, physically abusive or offensive behavior. Examples of harassment include, but are not limited to, user targeting attempts (social media bans, server bans, attacking other users’ social media), unwanted comments or remarks, jokes, slurs, online messages, unwanted physical intimidation or touch and literature including pictures and posters, depicting people in a negative light based on prohibited grounds, e.g. racial or religious harassment, age harassment, etc.

  6. The intent of this section is to provide a brief synopsis of The Gray Market user agreement. For more information regarding a detailed Gray Market User Agreement, please visit our documentation. https://docs.gray.market/whitepaper/

  7. Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;

11. Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Products & Services.  If you do not agree to the modified Terms, then you should discontinue your use of the Products & Services.

12. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Products & Services, and you will defend and indemnify The Gray Market, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “company”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service or any Product; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) any dispute regarding any Service or Product, or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. Disclaimers; No Warranties by The Gray Market

  1. THE PRODUCTS & SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE GRAY MARKET DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE GRAY MARKET DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE PRODUCTS & SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, OR OTHER HARMFUL COMPONENTS.

  2. Further applicable Disclosures, Policies & Agreements 

    1. Terms of Use 

    2. User Agreement

    3. Privacy Policy 

    4. AML Compliance

    5. Cybersecurity Policy 

    6. Legal Risk Disclosure 

    7. Code of Ethics

    8. Release of Liability Disclosure 

    9. Subscription Agreement