Terms and Conditions
Welcome to https://capyfi.com, a website-hosted user interface (the “Interface” or the “dApp”) provided by Golden Slumbers Ltd (the “Company”, "we", "our" o "us"). The Interface provides access to a decentralized protocol on certain public blockchain or blockchains that allows the owners of certain digital assets to participate in autonomous decentralized finance markets (the "Protocol").
These Terms and Conditions (the “Terms and Conditions”) explain the terms and conditions by which you, or any person or entity on your behalf, may access and use the Interface. You must read these Terms and Conditions carefully. By accessing or using the Interface, either directly or through a third party, you signify that you have read, understand and agree to be bound by these Terms and Conditions in their entirety. If you do not agree, you are not authorized to access or use the Interface
1. Modification of this Agreement
We reserve the right, in our sole discretion, to modify these Terms and Conditions from time to time. If we make any modifications, we will notify you by maintaining a current version of the Terms and Conditions at https://capyfi.com. All modifications will be effective when they are posted, and your continued use of the Interface, either directly or through a third party, will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms and Conditions, you must immediately stop accessing and using the Interface.
2. Eligibility
To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are of legal age and have the full right, power, and authority to enter into and comply with these Terms and Conditions. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions, or where your use of the Interface would be illegal, violate any applicable law, or subject us to any local regulations or legal actions. You further represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
3. Proprietary Rights
We and our licensors own all intellectual property and other rights in the Interface and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Interface or any of its contents. Provided that you are eligible, you are hereby granted a single, personal, limited license to access and use the Interface. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Interface or its contents for any purpose not expressly permitted by this Terms and Conditions is strictly prohibited. The Protocol is composed entirely of open-source software running on certain public blockchain or blockchains. Using, copying, modifying, distributing and preparing derivative works of the Protocol is subject to its own licenses. We do not assume any responsibility for the operation of the Protocol nor do we guarantee its functionality, security or availability. By using the Protocol, you acknowledge and agree that blockchains and the Protocol may be subject to sudden changes in their operating rules (hereinafter, “Forks”), which may also materially and/or significantly affect the value, functionality or denomination of existing digital assets, including your own digital assets, and create new digital assets. In the event of a Fork, we may stop providing access to the Protocol and the alternative digital asset. You agree that we have and will have no obligation to assign or otherwise credit alternative digital assets from a Fork to you. You agree that we have no obligation or liability with respect to a Fork, an unsupported branch of a blockchain, or an alternative protocol to an existing one. Likewise, you acknowledge and accept that transactions made on blockchain are irreversible once confirmed through the Protocol and that we do not have the ability to reverse them.
4. Privacy
We care about your privacy. Although we will comply with all valid subpoena requests, we will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or illegal requests as appropriate. We use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“Personal Information”) and aggregate data. However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your Personal Information or aggregate data for improper purposes. You acknowledge that you provide your Personal Information and aggregate data at your own risk. By accessing and using the Interface, you understand and consent to our collection, use, and disclosure of your Personal Information and aggregate data.
5. Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in relation to your access and use of the Interface:
a. Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
b. Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
c. Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
d. Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
e. Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the British Virgin Islands or another relevant jurisdiction, including (but not limited to) regulations applicable in your country and the restrictions and regulatory requirements imposed by the British Virgin Islands law.
6. No Professional Advice
All information provided by the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any financial, legal, or other decisions involving the Interface and/or your own digital assets, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
7. No WarrantiesThe Interface is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose.
You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface. You understand and agree that we are not a virtual assets service provider in any country in the world.
8. Fiduciary Duties
These Terms and Conditions are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms and Conditions.
9. Compliance Obligations
The Interface may not be available or appropriate for use in certain jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You may not use the Interface if you are a citizen, resident or member of any jurisdiction or group that is subject to the United States Office of Foreign Assets Control (OFAC) Sanction Lists and United Nations terrorist lists, as well as any national list of blocked persons, being prohibited from accessing or using the Interface in the aforementioned territories or sanctioned jurisdictions, or if your use of the Interface would be illegal or violate any applicable law. Access is not admitted or valid, and will be irrevocably suspended and/or terminated, in all cases in which it may be identified that you, or if applicable, your shareholders, subsidiaries, subsidiaries, directors, officers, employees or agents are people who are located in, incorporated in, or are residents of a country or territory whose government is subject to Sanctions, including without limitation: Islamic Republic of Iran, Korea Democratic, Myanmar, Afghanistan, Albania, Bosnia and Herzegovina, Bulgaria, Belarus, Central African Republic, Cuba, Hong Kong, Croatia, Iraq, Lebanon, Libya, Mali, Nicaragua, Romania, Russian Federation, Sudan, South Sudan, Slovenia, Somalia, Syrian Arab Republic, Ukraine, Venezuela, Yemen, Democratic Republic of the Congo, Kosovo, North Macedonia, Montenegro and Serbia. For the purposes of this clause, “Sanctions” shall mean restrictions or prohibitions on the ability to engage in business and other economic activities with certain countries, regions, persons or entities, or any governmental measure issued for the purpose of depriving an entity (including individuals, corporations, territories, countries, etc.) of financial and economic assets in order to counteract and attempt to reduce behavior that threatens national or international security or contravenes international law.
10. Costs and Commissions.
You acknowledge and accept that transactions through the Interface may involve expenses, costs and commissions. All of our costs and commissions, if applicable, are or will be duly informed. You should inform yourself about any costs or commissions imposed by parties other than us before issuing any transaction, including but not limited to the Protocol’s costs and commissions. The issuance, by you, of a transaction constitutes a declaration of knowledge and acceptance of all related expenses, costs and commissions.
11. Activity.
The Protocol to which the Interface gives access allows for the provision and request of digital assets. The request of digital assets may require that you provide other digital assets as backup or collateral and may be subject to interest, fees and costs as specified in the Protocol. When you provide digital assets through the Protocol in order for the Protocol to make them available for third parties, you may obtain a return or yield in digital assets in accordance with the annual percentage yield that the Protocol reports and updates periodically. When requesting digital assets through the Protocol, you may be required to provide a collateral and you will need to return the digital assets, with the corresponding interest, fees and costs, in order to recover your collateral, as specified in the Protocol. Interests, fees and costs may apply from the moment you request digital assets through the Protocol until they are returned, as specified in the Protocol. Once digital assets have been requested through the Protocol, the collateral may be blocked by the Protocol and, consequently, may not be withdrawn until the return of all the digital assets together with the respective interest, fees and costs has been fulfilled.In the event that the collateral decreases in value in accordance with the rules established in the Protocol, it may be automatically liquidated and you will lose any rights over the collateral without the right to any compensation.
12. Limits.
You acknowledge and agree that operations in the Protocol to which the Interface gives access are subject to parameters (such as limits, margin calls, etc.) which may be modified from time to time. While we will endeavor to inform any such modifications through the Interface, we expressly disclaim any warranties and liabilities regarding the timeliness and accuracy of any information in the Interface or communicated thereby related to any such modifications..
13. Assumption of Risk.
By accessing and using the Interface, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and smart contracts, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital assets. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems and smart contracts are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol. You acknowledge and agree that if you request digital assets from the Protocol, you may be required to provide your own digital assets as collateral. This transaction may involve interests, fees and costs which, if not paid within the required timeframes or in case any of the situations described in clause 11 occur, may imply the complete loss of your collateral. You further acknowledge that we are not responsible for any Protocol parameters or risks and that we will not be held liable for any losses that you may experience while accessing or using the Interface or the Protocol. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and the Protocol.
14. Third-Party Resources and Promotions.
The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms and Conditions do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
15. Release of Claims.
You expressly agree that you assume all risks in connection with your access and use of the Interface and the Protocol. Additionally, to the maximum extent permitted by law, you further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and the Protocol.
16. Indemnity.
To the maximum extent permitted by law, you agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface and/or the Protocol; (b) your violation of any term or condition of these Terms and Conditions, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface from any device that you may use, own or control, either with or without your assistance.
17. Limitation of liability.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you or to any person or entity for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Interface; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Interface, or USD100.00 (United States Dollars one hundred), whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms and Conditions may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
18. Dispute resolution.
We will use our best commercially reasonable efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. Any claim or controversy arising out of or relating to the Interface, these Terms and Conditions, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy (“Dispute”), shall be finally and exclusively settled by the courts of the British Virgin Islands.
19. Class Action and Jury Trial Waiver.
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. You and we both agree to waive the right to demand a trial by jury.
20. Governing Law.
You agree that the laws of the British Virgin Islands govern these Terms and Conditions and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the British Virgin Islands, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands. Any Dispute under these Terms and Conditions will be governed by the laws of the British Virgin Islands.
21. Assignment.
We may assign the contractual position, this contract, and/or any of the rights and obligations arising therefrom to any of our affiliates or a third party.Unless there is express written consent from a duly authorized representative of ours, you may not assign your contractual position, this contract, or any of the rights or obligations arising from it to any third party.
22. Consent to electronic notifications.
You give your express consent for all information related to the use of the Interface to be notified or informed to the last email reported by you, through notifications within the Interface and/or by any other means that involves a notification by electronic means.
These Terms and Conditions (the “Terms and Conditions”) explain the terms and conditions by which you, or any person or entity on your behalf, may access and use the Interface. You must read these Terms and Conditions carefully. By accessing or using the Interface, either directly or through a third party, you signify that you have read, understand and agree to be bound by these Terms and Conditions in their entirety. If you do not agree, you are not authorized to access or use the Interface
1. Modification of this Agreement
We reserve the right, in our sole discretion, to modify these Terms and Conditions from time to time. If we make any modifications, we will notify you by maintaining a current version of the Terms and Conditions at https://capyfi.com. All modifications will be effective when they are posted, and your continued use of the Interface, either directly or through a third party, will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms and Conditions, you must immediately stop accessing and using the Interface.
2. Eligibility
To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are of legal age and have the full right, power, and authority to enter into and comply with these Terms and Conditions. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions, or where your use of the Interface would be illegal, violate any applicable law, or subject us to any local regulations or legal actions. You further represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
3. Proprietary Rights
We and our licensors own all intellectual property and other rights in the Interface and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Interface or any of its contents. Provided that you are eligible, you are hereby granted a single, personal, limited license to access and use the Interface. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Interface or its contents for any purpose not expressly permitted by this Terms and Conditions is strictly prohibited. The Protocol is composed entirely of open-source software running on certain public blockchain or blockchains. Using, copying, modifying, distributing and preparing derivative works of the Protocol is subject to its own licenses. We do not assume any responsibility for the operation of the Protocol nor do we guarantee its functionality, security or availability. By using the Protocol, you acknowledge and agree that blockchains and the Protocol may be subject to sudden changes in their operating rules (hereinafter, “Forks”), which may also materially and/or significantly affect the value, functionality or denomination of existing digital assets, including your own digital assets, and create new digital assets. In the event of a Fork, we may stop providing access to the Protocol and the alternative digital asset. You agree that we have and will have no obligation to assign or otherwise credit alternative digital assets from a Fork to you. You agree that we have no obligation or liability with respect to a Fork, an unsupported branch of a blockchain, or an alternative protocol to an existing one. Likewise, you acknowledge and accept that transactions made on blockchain are irreversible once confirmed through the Protocol and that we do not have the ability to reverse them.
4. Privacy
We care about your privacy. Although we will comply with all valid subpoena requests, we will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or illegal requests as appropriate. We use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“Personal Information”) and aggregate data. However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your Personal Information or aggregate data for improper purposes. You acknowledge that you provide your Personal Information and aggregate data at your own risk. By accessing and using the Interface, you understand and consent to our collection, use, and disclosure of your Personal Information and aggregate data.
5. Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in relation to your access and use of the Interface:
a. Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
b. Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
c. Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
d. Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
e. Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the British Virgin Islands or another relevant jurisdiction, including (but not limited to) regulations applicable in your country and the restrictions and regulatory requirements imposed by the British Virgin Islands law.
6. No Professional Advice
All information provided by the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any financial, legal, or other decisions involving the Interface and/or your own digital assets, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
7. No WarrantiesThe Interface is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose.
You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface. You understand and agree that we are not a virtual assets service provider in any country in the world.
8. Fiduciary Duties
These Terms and Conditions are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms and Conditions.
9. Compliance Obligations
The Interface may not be available or appropriate for use in certain jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You may not use the Interface if you are a citizen, resident or member of any jurisdiction or group that is subject to the United States Office of Foreign Assets Control (OFAC) Sanction Lists and United Nations terrorist lists, as well as any national list of blocked persons, being prohibited from accessing or using the Interface in the aforementioned territories or sanctioned jurisdictions, or if your use of the Interface would be illegal or violate any applicable law. Access is not admitted or valid, and will be irrevocably suspended and/or terminated, in all cases in which it may be identified that you, or if applicable, your shareholders, subsidiaries, subsidiaries, directors, officers, employees or agents are people who are located in, incorporated in, or are residents of a country or territory whose government is subject to Sanctions, including without limitation: Islamic Republic of Iran, Korea Democratic, Myanmar, Afghanistan, Albania, Bosnia and Herzegovina, Bulgaria, Belarus, Central African Republic, Cuba, Hong Kong, Croatia, Iraq, Lebanon, Libya, Mali, Nicaragua, Romania, Russian Federation, Sudan, South Sudan, Slovenia, Somalia, Syrian Arab Republic, Ukraine, Venezuela, Yemen, Democratic Republic of the Congo, Kosovo, North Macedonia, Montenegro and Serbia. For the purposes of this clause, “Sanctions” shall mean restrictions or prohibitions on the ability to engage in business and other economic activities with certain countries, regions, persons or entities, or any governmental measure issued for the purpose of depriving an entity (including individuals, corporations, territories, countries, etc.) of financial and economic assets in order to counteract and attempt to reduce behavior that threatens national or international security or contravenes international law.
10. Costs and Commissions.
You acknowledge and accept that transactions through the Interface may involve expenses, costs and commissions. All of our costs and commissions, if applicable, are or will be duly informed. You should inform yourself about any costs or commissions imposed by parties other than us before issuing any transaction, including but not limited to the Protocol’s costs and commissions. The issuance, by you, of a transaction constitutes a declaration of knowledge and acceptance of all related expenses, costs and commissions.
11. Activity.
The Protocol to which the Interface gives access allows for the provision and request of digital assets. The request of digital assets may require that you provide other digital assets as backup or collateral and may be subject to interest, fees and costs as specified in the Protocol. When you provide digital assets through the Protocol in order for the Protocol to make them available for third parties, you may obtain a return or yield in digital assets in accordance with the annual percentage yield that the Protocol reports and updates periodically. When requesting digital assets through the Protocol, you may be required to provide a collateral and you will need to return the digital assets, with the corresponding interest, fees and costs, in order to recover your collateral, as specified in the Protocol. Interests, fees and costs may apply from the moment you request digital assets through the Protocol until they are returned, as specified in the Protocol. Once digital assets have been requested through the Protocol, the collateral may be blocked by the Protocol and, consequently, may not be withdrawn until the return of all the digital assets together with the respective interest, fees and costs has been fulfilled.In the event that the collateral decreases in value in accordance with the rules established in the Protocol, it may be automatically liquidated and you will lose any rights over the collateral without the right to any compensation.
12. Limits.
You acknowledge and agree that operations in the Protocol to which the Interface gives access are subject to parameters (such as limits, margin calls, etc.) which may be modified from time to time. While we will endeavor to inform any such modifications through the Interface, we expressly disclaim any warranties and liabilities regarding the timeliness and accuracy of any information in the Interface or communicated thereby related to any such modifications..
13. Assumption of Risk.
By accessing and using the Interface, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and smart contracts, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital assets. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems and smart contracts are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol. You acknowledge and agree that if you request digital assets from the Protocol, you may be required to provide your own digital assets as collateral. This transaction may involve interests, fees and costs which, if not paid within the required timeframes or in case any of the situations described in clause 11 occur, may imply the complete loss of your collateral. You further acknowledge that we are not responsible for any Protocol parameters or risks and that we will not be held liable for any losses that you may experience while accessing or using the Interface or the Protocol. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and the Protocol.
14. Third-Party Resources and Promotions.
The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms and Conditions do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
15. Release of Claims.
You expressly agree that you assume all risks in connection with your access and use of the Interface and the Protocol. Additionally, to the maximum extent permitted by law, you further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and the Protocol.
16. Indemnity.
To the maximum extent permitted by law, you agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface and/or the Protocol; (b) your violation of any term or condition of these Terms and Conditions, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface from any device that you may use, own or control, either with or without your assistance.
17. Limitation of liability.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you or to any person or entity for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Interface; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Interface, or USD100.00 (United States Dollars one hundred), whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms and Conditions may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
18. Dispute resolution.
We will use our best commercially reasonable efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. Any claim or controversy arising out of or relating to the Interface, these Terms and Conditions, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy (“Dispute”), shall be finally and exclusively settled by the courts of the British Virgin Islands.
19. Class Action and Jury Trial Waiver.
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. You and we both agree to waive the right to demand a trial by jury.
20. Governing Law.
You agree that the laws of the British Virgin Islands govern these Terms and Conditions and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the British Virgin Islands, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands. Any Dispute under these Terms and Conditions will be governed by the laws of the British Virgin Islands.
21. Assignment.
We may assign the contractual position, this contract, and/or any of the rights and obligations arising therefrom to any of our affiliates or a third party.Unless there is express written consent from a duly authorized representative of ours, you may not assign your contractual position, this contract, or any of the rights or obligations arising from it to any third party.
22. Consent to electronic notifications.
You give your express consent for all information related to the use of the Interface to be notified or informed to the last email reported by you, through notifications within the Interface and/or by any other means that involves a notification by electronic means.
