Terms of Service

Last Updated: February 1, 2024 Version: 1.0

PREAMBLE

Application and Acceptance. These Terms govern your access to and use of the Platform. By accessing or using the Platform, connecting your Wallet to it, or by clicking the button β€œI accept” or respective check box in connection with or relating to these Terms, you acknowledge that you have read, accept without modifications and agree to be bound by these Terms and all terms incorporated herein by reference, which form a legally binding agreement between you and us. If you do not accept and agree to these Terms, you shall not access or use the Platform, and you must immediately discontinue any use thereof. If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorised to accept these Terms as a legally binding agreement on such entity’s behalf, and you accept these Terms both on behalf of such entity and on your own behalf.

Definitions. Definitions of capitalised terms used herein are provided in Section 22 below.

Important. Please read these Terms carefully as they affect your obligations and legal rights. Note that Sections 18 and 19 contain provisions governing the choice of law, arbitration terms, and class action waiver. Please read and review Sections 8, 10, 11, 12 carefully before accepting these Terms as they provide for the limitation of liability, your obligations to indemnify the Equadyne Parties, and contain a disclaimer of warranties as well as other important disclaimers with regard to the Platform and Protocol.

  1. MODIFICATION

These Terms may be modified, supplemented, or updated from time to time at our sole discretion without your consent or notice to you. If these Terms are changed, the β€œLast Updated” date and the document version at the top of these Terms will be updated accordingly. We may, but shall not be obligated to, provide additional notification of the amendment via one of the Communication Channels. The updated Terms will automatically substitute and supersede the previous version with immediate effect, and your continued use of the Platform will confirm the acceptance of such updated Terms. If you do not agree to any amended Terms, you must immediately discontinue any access to or use of the Platform.

  1. ELIGIBILITY

Eligibility Requirements. To be eligible to access and use the Platform functionality, you must:

  1. be able to accept these Terms as a legally binding agreement on the terms herein set forth;

  2. if individual, be at least 18 (eighteen) years of age, or of such higher age required to accept these Terms as a legally binding agreement on the terms herein set forth according to the laws of the jurisdiction where you reside;

  3. if an individual, use the Platform not as a Consumer;

  4. if an individual who is acting for or on behalf of an entity, partnership or trust (i) be duly authorised by such entity, partnership or trust to act on its behalf for the purpose of entering into these Terms; and (ii) represent and warrant that the entity is duly registered and validly existing under the laws of the jurisdiction where it is established;

  5. neither be a Prohibited Person nor use the Platform for the benefit of a Prohibited Person; and

  6. comply with these Terms.

Failure to Comply with the Eligibility Requirements. If you determine that you do not meet and conform to any of the aforementioned eligibility requirements, you shall not use the Platform and shall immediately suspend any use thereof until the respective restricting circumstances cease to exist.

  1. LICENCE AND PROPRIETARY RIGHTS

Ownership. You do not receive any rights, title, or interest in or to the Intellectual Property and the respective rights holders reserve the right to prohibit any use of the applicable Intellectual Property at any time. You may not obscure, remove or alter any marks or notices displayed on the Platform. Any rights not expressly granted to you under the Licence and/or applicable FOSS Licences are reserved by the respective rights holders.

Licence. Subject to your compliance with these Terms, we hereby grant you the Licence. The Licence will remain effective until terminated, which shall occur upon the earlier of: (i) these Terms terminate or expire; or (ii) you violate these Terms; or (iii) we choose to terminate the Licence at our sole and absolute discretion with or without the reason.

FOSS Licence. To the extent that certain items or components of the Platform are being distributed under a FOSS Licence, such items and components will not be covered by the Licence granted hereunder and will be provided to you under the terms and conditions of the applicable FOSS Licence.

Compliance. Your access to and use of the Platform shall not violate the terms of the Licence and/or FOSS Licences, if and as applicable.

Feedback. By providing Feedbacks in relation to the Platform, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, worldwide licence (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, commercialise, create derivative works from your Feedback and the right to assign these rights to third parties in whole or in part. We may use, reproduce, disclose, make publicly available and otherwise exploit any of your Feedbacks at our sole discretion, without restrictions or any obligations to you.

User Generated Content. We do not undertake any obligations with respect to the User Generated Content, including an obligation to review or remove it. If you post, create, or furnish any User Generated Content, you shall ensure and hereby warrant that: (i) you own all intellectual property rights in and to such User Generated Content, or otherwise have the right to use it in such a manner; and (ii) the User Generated Content does not violate these Terms, any third-party rights and applicable laws. By creating, posting or furnishing User Generated Content, you grant us a non-exclusive, irrevocable, royalty free, perpetual, fully paid up, worldwide licence (right) to use, publicly display, reproduce, translate, and distribute such User Generated Content, as well as the right to assign these rights to third parties in whole or in part. We do not control or manage any User Generated Content, and may not be able to promptly review or remove it. You shall be solely liable and responsible for your User Generated Content. If your User Generated Content fails to comply with these Terms, we may require you to remove it, or make such User Generated Content no longer visible on or through the Platform, if and to the extent technically possible.

  1. PLATFORM VS PROTOCOL

Platform. The Platform is provided to be primarily used as a web-based interface that allows you to access and utilise the functionality of the Protocol in a user-friendly and easily comprehensible manner. Although the Platform serves as one of the means of interacting with the Protocol, the Platform is distinct from the Protocol and constitutes independent software. We only provide the Platform and are not responsible for nor involved in the operation of the Protocol. We shall not be liable for any act or omission of any person, other than us, with respect to the Protocol. A more detailed description of the Platform and Protocol may be further provided in the Materials, which do not form a part of these Terms, are not binding, and are provided for the information purposes only.

Protocol. The Protocol is decentralised and composed of open-sourced, autonomous and self-executable Smart-Contracts implemented on the public blockchain network(s). This means that any interaction with and use of the Protocol shall be governed by the respective Smart-Contracts comprising the Protocol. Such Smart-Contacts may be reviewed, verified, and used by anyone (subject to the terms of the applicable licences). Accordingly, there might be other interfaces enabling interaction with the Protocol that is neither associated nor affiliated with Equadyne and/or the Platform. We shall not be liable for any third-party web-interfaces providing access to the Protocol. You should carefully and thoroughly review and assess the Protocol and related software before you use them. Always do your own research and any use the Protocol shall be at your own risk and discretion.

  1. FUNDS AND FUND MANAGERS

Funds. Anyone can use the Platform to create a Fund and become a Fund Manager. Although the Funds are displayed within the Platform, this shall not mean, be construed as, or imply that any such Fund was created by us, or that we act as the Fund Manager with respect thereto, or that we recommend or endorse such Fund. We do not review or validate the Funds and we shall not be liable with respect to the Funds. Any description of and information concerning the Fund is provided not by us and therefore may be incomplete, untimely, inaccurate, untrue, or misleading in any respect. You must carefully and thoroughly review and verify each Fund that you intend to interact with and respective smart-contracts before your first interaction. Any interaction with the Fund shall be at your own risk and the decision whether to interact with the Fund rests with you. Always do your own research. Your Digital Assets may be locked in such Third-Party Protocols, for instance in staking, in which case you may not be able to claim, withdraw, or otherwise use your Digital Assets. We may terminate or suspend any Fund with or without a reason, including if it or its Fund Manager is or likely to violate these Terms, applicable law, or third-party rights.

Fund Managers. Any user of the Platform may become a Fund Manager. Although the Fund Managers are displayed within the Platform, this shall not mean, be construed as, or imply that we recommend or endorse any Fund Manager. We do not review or validate the Fund Managers and we shall not be liable with respect to their acts or omissions. Any description of and information concerning the Fund Manager is provided not by us and therefore may be incomplete, untimely, inaccurate, untrue, or misleading in any respect. You must carefully and thoroughly review and verify each Fund Manager that you intend to interact with before your first interaction. Any interaction with the Fund Manager shall be at your own risk and the decision whether to interact with the Fund Manager rests with you. Always do your own research. We may terminate or suspend any Fund Manager with or without a reason, including if such Fund Manager is or likely to violate these Terms, applicable law, or third-party rights.

Fund Manager’s Obligations and Duties. As a Fund Manager you shall owe fiduciary duties and duty of care to users participating in your respective Fund(s). While acting as a Fund Manager, you shall at all time act reasonably, in good faith, and in accordance with these Terms and applicable laws and regulations. You are solely responsible for any of your trading decisions or strategies, and we shall not be liable towards you or other persons for performance of your Funds. If required under the applicable law, you shall have all necessary licences, authorisations, or permits to perform your duties.

No Party. When you transact in or otherwise interact with any Fund, any relationship with respect to a Fund and transactions associated therewith shall be between the respective Fund Manager and other users. We do not act as a party to, nor do we participate in any such relationship or transactions, and neither assume nor intend to assume any role or liability as a party thereto.

  1. WALLETS AND ACCOUNTS

Wallets. When using the Platform, you may connect your Wallet through one of the compatible third-party software wallets, such as, for illustration purposes only, MetaMask or WalletConnect. The Wallets constitute the Third-Party Services and we are not responsible for, do not endorse, shall not be held liable or responsible in connection therewith. We do not make any warranties, whether express or implied, as to the Wallets used by you within the Platform. When using Wallets, you should review applicable terms and policies that govern your use thereof.

Accounts. While accessing the Platform, you may create Accounts to use a certain functionality thereof. To register for an Account you need to go to the registration page within the Platform, and follow the instructions provided thereon. You hereby acknowledge and agree that we may suspend or terminate any of your Accounts in accordance with these Terms at any time, regardless of reason, without notice and any liability whatsoever.

Security. Neither we nor the Platform receive access to or control over your Wallets or Digital Assets held in such Wallets. You are solely responsible for securing your Digital Assets, Wallets, Accounts and Credentials thereto. You should not disclose your Credentials to any third person nor allow any third person to access your Wallets and/or Accounts. You will be solely responsible for any use of your Wallets, Accounts and Credentials thereto, as well as their confidentiality. You remain responsible for any acts or omissions of your Accounts and all transactions carried out via your Wallets or using Credentials thereto. You may disconnect your Wallet from the Platform at any time. In no event shall the Equadyne Parties be responsible for or held liable in connection with any losses or damages, including consequential, incidental, or indirect damages, arising from unauthorised use of your Wallets, Accounts or any Credentials thereto, or if you failed to ensure confidentiality of your Credentials.

Loss of Access. You are solely responsible for making backup copies of your Credentials. The Platform does not β€œforgot the password” feature, and your Credentials associated with the respective Account or Wallet cannot be recovered by us. Consequently, if you are not able to provide your Credentials, you may not be able to restore access to your Account and Digital Assets held within it. There is no assurance that any Credentials associated with your Accounts may be restored.

  1. YOUR WARRANTIES AND REPRESENTATIONS

By entering into these Terms, you expressly represent and warrant that:

  1. you have read and understand these Terms, including all documents and items incorporated herein by reference;

  2. you have the necessary authority to accept these Terms, enter into a binding agreement with us, and perform the obligations set out herein;

  3. the acceptance of these Terms shall not result in any breach of, be in conflict with, or constitute a breach or default under: (i) any provision of any judgement, decree or order imposed on you by any court, governmental or regulatory authority; and/or (ii) any material agreement, obligation, duty or commitment to which you are a party or by which you are bound;

  4. if you are acting for or on behalf of an entity, (i) such entity is duly incorporated, registered, validly existing and in good standing under the applicable laws of the jurisdiction in which the entity is established, and in each jurisdiction where it conducts business, and (ii) such entity shall be responsible for a breach of these Terms by you or any other employee or agent of such entity, unless you or any other employee or agent of such entity are responsible under the applicable law, and (iii) the acceptance of these Terms shall not result in any breach of, be in conflict with, or constitute a breach or default under any provision of your statutory or organisational documents;

  5. you are entering into these Terms and transactions contemplated hereunder for business (commercial) purposes only, and not as a Consumer, and that all transactions contemplated hereunder are structured as commercial transactions;

  6. you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with Digital Assets, Digital Assets storage facilities, including Wallets, distributed ledger technology and blockchain-based software in general;

  7. any Wallet used by you within the Platform is either owned by you, or that you are validly authorised to carry out transactions using such Wallet;

  8. any funds or Digital Assets used by you within the Platform (i) are either owned by you or you are validly authorised to carry out actions using such funds and Digital Assets, (ii) are from legitimate sources, and (iii) were lawfully acquired;

  9. you shall be solely responsible for all and any operations and transactions with Digital Assets carried out through your Wallets, Accounts or otherwise through or in relation to the Platform, and for their consequences and outcomes;

  10. you understand and agree that we do not review, validate or verify the Funds or the Fund Managers;

  11. accessing and/or using the Platform is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject, and your access to and use of the Platform shall be in full compliance with applicable laws;

  12. you are not a Prohibited Person nor use the Platform for the benefit of a Prohibited Person;

  13. you will comply with any tax obligations arising from your acquisition, storage, sale, rent, or transfer of the Digital Assets through the Platform or any other use thereof;

  14. you understand that purchasing, selling, and holding the Digital Assets carries substantial risk as the prices may change rapidly, and that you should obtain appropriate professional advice before making any decision;

  15. you acknowledge that the use of the Platform may not be beneficial or profitable to you and that you may sustain losses from transactions carried out through or in relation to the Platform;

  16. you will carefully evaluate, check, and verify any Third-Party Content before you use it or rely upon it in any manner;

  17. you shall not make any decisions based solely on the information available in the Materials, or otherwise made available to you, and you shall conduct your own substantial research and analysis before making any decision;

  18. your use of the Materials is always at your own risk, and nothing contained herein shall be deemed a guarantee or promise that any such Materials is true or correct, or that you will receive any profit or benefit, or that any transaction carried out through or in relation to the Platform will be beneficial or suitable for you; and

  19. all of the above representations and warranties are true, complete, accurate, and non-misleading from the time when you accept these Terms, and for the whole period of your use of the Platform.

  1. NO WARRANTIES OR REPRESENTATIONS

The Platform and its components are provided on an β€œas is” and β€œas available” basis. Your use thereof shall always be at your own risk. There is no warranty of any kind, express or implied, including, but not limited to, implied warranties of title, non-infringement, integration, merchantability, and fitness for a particular purpose, warranties implied by any course of performance or usage of trade, with respect to the Platform and any of its components, all of which are expressly disclaimed and denied. In particular, we do not warrant, whether expressly or impliedly, and hereby expressly disclaim any warranty and/or representation that:

  1. the Platform, related technical infrastructure and/or software will work as expected or work at all, have any specific functionality, or contain any particular components;

  2. the Platform, related technical infrastructure and/or software will be secure, error-free, or available at any particular time or place, or will continue working, operating or functioning for any period of time;

  3. the Platform, its use, or any transactions carried out through or in relation to the Platform will (i) be processed or performed, (ii) meet your expectations, (iii) fit for a particular purpose, or (iv) be beneficial or suitable to you;

  4. transacting in or interacting with any Fund will meet your expectations, or be profitable to you;

  5. any Materials will be timely, accurate, reliable, complete, true, or correct;

  6. relates to the legal or juridical status or nature of the Digital Assets or with regard to their legal or other qualification;

  7. the Platform, related technical infrastructure and/or software will be free of viruses, errors, bugs, trojan horses, defects, flaws, malfunctions, or other harmful components, or properly protected from hacker, malware, spyware or other attacks, or third-party hostile interferences; and

  8. any defects or errors in the Platform, related technical infrastructure and/or software will be fixed or corrected.

  1. PROHIBITED USE

You agree that you shall not conduct or participate in any of the following activities when accessing or using the Platform, or in connection with such access or use:

  1. disrupting, interfering with, or inhibiting other users from using the Platform, underlying technical infrastructure or software, Third-Party Services, and carrying out activities that could disable, impair, or harm the functioning of the Platform, its underlying technical infrastructure or software, and/or Third-Party Services;

  2. using the Platform, related technical infrastructure or software for any illegal purposes, including, but not limited to, fraud, terrorism financing, or money laundering;

  3. taking advantage of bugs or errors in program logic and/or code of the Platform, its underlying technical infrastructure or software, and/or Third-Party Services;

  4. posting, uploading, or submitting any User Generated Content that is illegal and/or infringing;

  5. without prejudice to the terms of the applicable FOSS Licences, circumventing or attempting to circumvent any access or functionality restrictions or limitations that the Platform has or may have, including with the use of malware, spyware, harmful code or software, or by undertaking hacker attacks or similar activities;

  6. using the Platform, related technical infrastructure or software for any purpose that is harmful or detrimental to the Platform, Third-Party Services, or any users of the Platform;

  7. violating any rights of any third person, including intellectual property rights;

  8. conducting fraudulent activities, providing any false, inaccurate, or misleading information in order to unlawfully obtain Digital Assets, funds, or property of any person;

  9. subject to the terms of the applicable FOSS Licences, copying, reproducing, or cloning the Platform as a whole, or duplicating its essential elements, or creating derivative works from the Platform; and

  10. carrying out any other unlawful activities, or activities that violate any applicable regulations, rules, orders, etc.

  1. IMPORTANT DISCLAIMERS

Risk Disclosure Statement. By accepting these Terms, you acknowledge the information and risks described in the Risk Disclosure Statement, which constitute a part hereof, and further agree that you shall accept and assume all such risks.

Materials. No part of the Materials is intended to be, or should be considered or construed as, business, legal, financial, investment, trading, or any other sort of advice, or advice of a broker regarding any matters to which all or any part of such Materials relates. Before making the decision to use the Platform, and carry out any transactions, you should consult your own legal, financial, tax, or other professional advisors regarding any such information, including whether purchasing, selling, holding, or carrying out any other transactions with respect to any Digital Assets or other funds is suitable for you. In each case, you shall solely make an informed decision whether to rely on any Materials, and/or sell, buy, hold or otherwise transact with the Digital Assets relying thereon. We shall not be responsible for the accuracy, completeness or timeliness of the Materials, therefore any use of or reliance thereon will always be at your own discretion and risk, and you shall be solely responsible for any possible damages or losses arising therefrom.

Non-Party Status. We do not act as a party to, nor do we participate in, any transactions carried out through or in relation to the Platform between users or between users and any third party. With respect to any transactions with your involvement, the relevant legal relationships and obligations arising therefrom shall be deemed to exist solely between you and the corresponding counterparty. We neither assume nor intend to assume any role or liability as a party to such transactions. Consequently, we shall not be held responsible for, or liable in connection with, any Disputes stemming from these relationships and associated transactions. All such Disputes must be resolved exclusively between you and the respective counterparty, without our involvement or intervention.

No Custody. We do not provide nor intend to provide any custodial or similar services, custodial solutions or software, do not act as your agent or representative, and do not control, manage, or custody any of your Digital Assets or Wallets.

No Solicitation. These Terms, Platform and any Materials do not constitute and are not intended to constitute an offer of securities, financial instruments, Digital Assets, or a solicitation for investment in or purchase of securities, financial instruments, or Digital Assets in any jurisdiction, nor is it intended to constitute a prospectus or offer document of any type. Nothing contained herein or in the Materials shall be construed as recommendation, endorsement or solicitation to use the Platform, or carry out any transaction, involving the Digital Assets. Any access or use of the Platform shall always be at your own risk and discretion.

No Fiduciary Relationship. The Platform and these Terms are not intended to create or impose any fiduciary duty on us with respect to you. Notwithstanding anything to the contrary contained in these Terms, to the maximum extent permitted by the applicable law, we shall owe no fiduciary duties to you, provided, however, that we shall have the duty to act in accordance with these Terms and the implied contractual covenant of good faith and fair dealing to the extent required by the law.

No Broker or Fund Manager Relationship. Equadyne is not your broker, fund manager, or any intermediary to any broker or fund manager. Nothing contained in these Terms shall be considered as a broker, financial advisory and/or fund management services, or any intermediation services thereto.

No Financial, Regulatory and Tax Services. We are neither a financial institution, nor provide or intend to provide any financial, legal, regulatory, investment, or tax services, whether directly, indirectly, implicitly, or in any other manner. You shall consult your own legal, financial, regulatory, investment or tax advisors regarding any use of the Platform, carrying out any transactions in connection therewith, as well as any consequences arising therefrom. You are solely responsible for ensuring that your use of the Platform and any transactions with the Digital Assets comply with the requirements of all laws, regulatory and other requirements applicable to you. In no event shall the Equadyne Parties be held liable in connection with or responsible for the foregoing.

No Partnership or Agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, or employment relations. Nothing in these Terms and no action taken by you or us pursuant to these Terms shall constitute, or be deemed to constitute, any Equadyne Party as your agent for any purpose, and vice versa.

No Consumer Relations. All transactions contemplated hereunder are intended and structured as commercial business transactions. Nothing in these Terms is intended to, or shall be deemed to, establish any relationship with you as a Consumer nor you are eligible to enter into these Terms and transactions contemplated hereunder for your personal or household purposes.

Funds. We are neither manager, nor administrator or operator of any Fund. In no event shall any Equadyne Party be responsible for or held liable in connection with, and we make no warranties, whether express or implied, as to the Funds. Nothing contained herein or in the Materials shall be construed as our endorsement, recommendation, or solicitation to transact in or otherwise interact with any Funds, and you hereby acknowledge and agree that any interaction with such Funds shall always be at your own risk and discretion. We encourage you to carefully review and assess the applicable parameters and other variables before transacting in and interacting with any Fund, however, we do not assure, promise, represent, or otherwise guarantee that any such information is accurate, true, correct, up-to-date, complete or not misleading. You shall conduct your own research and due diligence on each Fund which you are willing to transact in or otherwise interact with.

Blockchain Networks. The underlying blockchain network(s) of the Protocol and any software through which such networks are formed are under no control and operate autonomously. Any malfunction, breakdown or abandonment of the underlying blockchain network(s) may have a material adverse effect on the Platform. Accordingly, in no event shall the Equadyne Parties be responsible for or held liable in connection with the Protocol’s underlying blockchain network(s) and associated software, their operation, functioning, implementation, or use, and you hereby assume and accept any and all related risks, including the risk of possible losses and damages that you may incur in connection with the use thereof.

Third-Party Content and Services. When accessing and using the Platform, you may view or interact with the Third-Party Content and Third-Party Services. We are not responsible for and shall not be held liable in connection with, and do not make any warranties, whether express or implied, as to the Third-Party Content and Third-Party Services, do not endorse, recommend or solicit to use, and are not responsible for any such Third-Party Content and Third-Party Services, as well as any information, materials, content, services or tools on or available through such Third-Party Content or Third-Party Services. You hereby affirm and acknowledge that your use of Third-Party Content or Third-Party Services, and your interactions with third parties that are linked to or from the Platform, are at your own risk.

Transactions. We reserve the right to establish certain limitations and restrictions with respect to any transactions involving the Digital Assets at our sole and absolute discretion, with or without notice, and without any liability whatsoever. You shall solely evaluate any transactions carried out by you through or in relation to the Platform. Any transactions with the Digital Assets are processed by the applicable Third-Party Services, such as Protocol’s underlying blockchain network(s) that we neither operate nor control or influence. There is also no control or influence on transactions with Digital Assets and, therefore, neither you nor we are able to cancel, reverse, block, or freeze any transactions on a blockchain network. We make no representations or warranties regarding the amount of time, transaction fees or other requirements that may be required for the respective transaction to be completed or processed. Also, we make no representations or warranties that any transaction will be completed or processed.

Digital Assets. We do not provide or make any representations or warranties of any kind with respect to the Digital Assets, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, all of which are hereby expressly disclaimed and denied. You hereby acknowledge and agree that the Digital Assets may not: (i) meet your expectations or work as intended, (ii) have the intended functionality, (iii) have a market, or (iv) have any specific price or hold any particular value, or have any value at all. Any receipt, storage, use, and disposition of the Digital Assets shall always be at your own risk.

Tokens. The Tokens do not entitle you to receive any return, passive income, interest, or similar payments or benefits. The Tokens are not intended to be, or represent, a loan contract, currency, security, commodity, investment, investment contracts, financial or regulated instruments of any kind. The design, functionality, intended application and any other characteristics pertaining to the Token, as well as design, essence, particulars and description of the Token may be amended or changed at any time without notice to you. There is no warranty or representation of any kind, express or implied, with regard to the Tokens, including any promises of future performance or value, their price, supply amount, etc. Any purchase, receipt, storage, use and disposition of the Tokens shall always be at your own risk.

Protocol. We are neither a manager nor operator of the Protocol. The Equadyne Parties shall not be responsible for or held liable in connection with, and do not make any warranties, whether express or implied, with respect to the Protocol, its functionality or operation. Nothing contained herein, on the Platform, or in the Materials shall be construed as our endorsement, recommendation, or solicitation to use the Protocol, and you hereby acknowledge and agree that any use of the Protocol shall always be at your own risk and discretion.

  1. LIMITATION OF LIABILITY

Limitation of Liability. To the maximum extent permitted under the applicable law, in no event shall:

  1. the Equadyne Parties be liable or responsible for any indirect, punitive, exemplary, incidental, or consequential damages of any kind, loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with (i) these Terms or their violation, (ii) the functionality, use, or inability to use the Platform, (iii) the Tokens, including the acquisition, storage, transfer, use of, or inability to transfer or use the Tokens, and/or (iv) the failure of the Platform and/or Tokens to perform as represented or expected, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, regardless or whether any Equadyne Party has been advised of the possibility of such damages;

  2. the Equadyne’s or its Affiliates’ officers, directors, employees, consultants, and shareholders be held personally liable in connection with (i) these Terms or their violation, (ii) the use or inability to use the Platform, (iii) the Tokens, including the acquisition, storage, transfer, use of, or inability to transfer or use the Tokens, and/or (iv) the failure of the Platform and/or Tokens to perform as represented or expected, provided that this item β€œb” shall not limit our liability as an entity;

  3. the Equadyne Parties be responsible for or held liable in connection with any inaccuracy, error, delay in, or omission of any Materials, or your reliance thereon; and

  4. the aggregate liability of the Equadyne Parties for all damages and losses whatsoever arising out of or in connection with these Terms, their undue performance or violation, the use or inability to use the Platform and/or Tokens, exceed, whichever is greater, (i) the aggregate amount of Fees actually received by Equadyne from you over the last three (3) months preceding the date of the event which lead to such liability, if any, or (ii) USD $100 (one hundred U.S. dollars) or equivalent.

Exclusion of Liability. In no event shall the Equadyne Parties be responsible for or held liable in connection with any products, services, software or technical infrastructure which they do not control, manage, or operate, occurrence of any events or other circumstances that are beyond their control, as well as consequences thereof. Accordingly, to the maximum extent permitted under the applicable law, in no event shall the Equadyne Parties be responsible for or held liable in connection with:

  1. any damages or losses of any kind, whether direct or indirect, punitive, exemplary, incidental, or consequential, including, but not limited to, the loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with (i) the Protocol and your use or inability to use thereof, (ii) the Digital Assets (excluding the Tokens), including your acquisition, storage, transfer, use of, or inability to transfer or use, the Digital Assets, and/or (iii) any failure of the Protocol or Digital Assets to perform as represented or expected, in each case whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, and regardless of whether any Equadyne Party has been advised of the possibility of such damages or losses;

  2. any damages or losses arising out of or in connection with a hacker attack, phishing attack, malware attack, viruses, or trojan horses, whether affecting or transmitted via the Platform, Protocol, or otherwise, or any other unauthorised third-party intervention in the operation thereof;

  3. the Third-Party Services, which explicitly includes the Funds and activities of the Fund Managers, or Third-Party Content, in each case including for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages of any kind, loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption; and

  4. any loss or damage caused by or arising from the Force Majeure Circumstances.

Waiver. You shall not, and to the maximum extent permitted under the law hereby waive any right to, seek to recover damages listed above in this Section 11 from the Equadyne Parties and/or persons specified above.

Exceptions. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the above exclusions and limitations shall apply to the maximum extent permitted by the applicable law. Neither anything to the contrary contained therein, these Terms do not limit our liability for fraud, intentional misconduct, gross negligence, death or personal injury arising from negligence.

  1. INDEMNIFICATION

To the fullest extent permitted under the applicable law, you shall indemnify, defend, and hold harmless the Equadyne Parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable professional and legal fees) that arise from or relate to (i) your violation of these Terms, including making untrue or false representations and/or warranties, (ii) your access to and use the Platform, (iii) exercising, enforcing, or preserving our rights, powers or remedies (or considering doing so) with respect to you in connection with these Terms, (iv) User Generated Content created, posted or furnished by you through or in relation to the Platform, and (v) your obligation to pay Taxes applicable to you. We reserve the right to exercise sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in this Section 12. The indemnity set out in this Section 12 is in addition to, and not in lieu of, any other remedies that may be available to us under the applicable law.

  1. UPDATES, AVAILABILITY, AND ACCESS

Updates and Modifications. We may from time to time and without prior notice make certain updates, improvements, or modifications to the Platform, including, but not limited to, updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure, or service features, and we shall not be in any case held liable with respect to any such update.

Availability. The availability of the Platform depends on various factors and there is no warranty or guarantee that the Platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorised access, bug-, virus-, or error-free. The Platform or its components may become inaccessible or inoperable from time to time due to various reasons, such as maintenance procedures, updates, disruptions, third-party interferences, hacker or malware attacks, Force Majeure Circumstances, failures in the operation or malfunction of the underlying technical infrastructure or software, unavailability of the Third-Party Services, not limited to the above. As a result, your ability to use the Platform and its functionality may be prevented or limited without prior notice, and no Equadyne Party shall be responsible for or held liable in connection therewith.

Access. If technically possible, we may limit, suspend or restrict access to the Platform with immediate effect and without notification and liability, regardless of reason, including if we, acting at our sole discretion, determine that (i) you have violated or may likely violate these Terms, applicable laws or regulations; or (ii) you or your actions create or may create legal exposure for us, Affiliates, or the Platform; or (iii) you are or likely to be a Prohibited Person or act on behalf of a Prohibited Person. You hereby agree to comply with such limitations and not to circumvent or bypass them in any way. You hereby agree that we may install and utilise certain software, solutions and/or tools (for example, geo-blocking solutions) allowing us to identify users from the Prohibited Jurisdictions or certain restricted jurisdictions, or those who have violated these Terms or the laws, and restrict their access to and use of the Platform.

  1. VOID TRANSACTIONS

Any Digital Assets, funds or property misappropriated or obtained as a result of or in connection with the violation of these Terms or intended logic of the Platform, including any interference in the operation of the Platform or any attack on the Platform users, shall be prohibited, and any transactions related to the foregoing shall be considered null and void ab initio.

  1. FEES, COSTS, AND TAXES

Fees. We may charge you certain Fees in connection with your use of the Platform. We reserve the right to deduct the Fees from your Digital Assets, including those associated with the respective transaction or your Account balance, and you hereby authorise us to do so. You hereby agree and acknowledge that it is your sole obligation to review the applicable Fees each time you use the Platform. If you do not agree to any Fees, you reserve the right to discontinue any access to or use of the Platform at any time.

Third-Party Costs. When you conduct transactions through or in relation to the Third-Party Services, which explicitly includes the Protocol, certain Third-Party Costs may arise. You shall solely bear all such Third-party Costs, and we are not responsible for nor be in any way liable in connection with any such Third-party Costs. Depending on the transaction, the Third-Party Costs may be deducted from your Digital Assets, including those associated with the respective transaction or your Account balance. Where possible and feasible, we may demonstrate the applicable Third-Party Costs. However, you should always verify and review any Third-Party Costs associated with your transactions independently.

Taxes. You shall be solely and entirely responsible for all and any present or future Taxes, now or hereafter imposed, levied, collected, withheld or assessed by any state, government, or governmental authority, and any tax liabilities, which arise, may arise, be imposed or applied in connection with your use of the Platform, purchasing, holding, using, or disposing of the Digital Assets, or any transactions contemplated hereunder. You shall be solely responsible for fulfilling your tax obligations, and any failure to do so may result in penalties, fines, or other legal consequences.

  1. ACCOUNT SUSPENSION AND TERMINATION

General. You hereby acknowledge and agree that we have the right to immediately suspend or terminate all or any of your Accounts, with or without notice. Except for termination or suspension of your Account upon your request, the final decision on whether to terminate or suspend it shall be taken by us at our sole and absolute discretion. Your Account(s) may be suspended or terminated for any reason, including if:

  1. you are, or we suspect that you are, in breach of these Terms, including by providing false or misleading warranties or representations;

  2. you are, or we suspect that you are, in breach of any applicable laws, regulations, or orders;

  3. you have, or we suspect that you have, while using or accessing the Platform, violated any our or third-party right, for example, failed to perform your obligations or committed fraud;

  4. you requested us to suspend or terminate your Account;

  5. you or your Accounts are subject to a governmental proceeding, criminal investigation, or other pending litigation;

  6. we detect any suspicious activity related to you or your Accounts, or any unauthorised access thereto; or

  7. we are required to do so by a court order or command by a regulatory or government authority, or in accordance with our internal policies and procedures.

Effect of Suspension or Termination. Any suspension or termination of your Account(s) shall not affect (i) your liability for all activities and/or any transactions conducted through or in connection with your Account while it was active; and (ii) your obligation to pay all amounts of the outstanding Fees or Third-Party Costs, if any.

Disclaimer. We expressly disclaim any and all liabilities of any nature whatsoever, whether known or unknown, including those that are unanticipated or unsuspected, or which may later arise as a result of the discovery of new or additional facts, in connection with or arising from the termination or suspension of your Account, regardless of reason, to the maximum extent permitted by the law.

  1. TERM AND TERMINATION

Term. These Terms will be in full force until terminated in accordance with the terms prescribed herein.

Termination by You. You may terminate these Terms at any time by terminating (closing) your Account and ceasing access and use of the Platform. You may individually terminate (close) your Account via the Platform functionality, if any, or request us to terminate it.

Termination by Us. These Terms shall be deemed automatically terminated if we (i) terminate the Platform, (ii) terminate your Account as provided for herein, or (iii) terminate these Terms.

Effect of Termination. Upon any termination of your Account, you should withdraw the Digital Assets held within it as soon as practicable, if and to the extent possible.

Survival. Provisions hereof construed to survive the termination of these Terms shall survive any expiry or termination of these Terms. Sections 3 (except for the License sub-Section), 5, 8-22 shall survive any expiration or termination of these Terms, regardless of reason.

  1. APPLICABLE LAW

Without prejudice the mandatory provisions of the applicable law, these Terms, as well as any and all relationship between you and us relating to the Platform or any transaction contemplated in these Terms shall be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

  1. DISPUTES RESOLUTION

Opt-Out. Notwithstanding anything to the contrary contained herein, you are entitled to opt out of the settlement and resolution of the Disputes in the binding arbitration as prescribed in this Section 19 by sending written notice to us via email at info@equadyne.finance within thirty (30) days after your acceptance of these Terms. Your notice shall include your name, residence address, email address, telephone number and an obvious and unequivocal statement of your willingness to opt out of the settlement and resolution of the Disputes in the binding arbitration as outlined herein. If you exercise your opt-out right within the term established herein all other parts of these Terms will remain in full force and will continue to apply to you. The exercise of your opt-out right as prescribed herein has no effect on any other arbitration agreements that we and you may execute in the future.

Dispute Resolution. For any Dispute that you have against us or relating in any way to these Terms, the Platform and/or transactions contemplated hereunder, you shall first contact us and attempt to resolve the Dispute informally by sending a Notice to us by email at info@equadyne.finance. The Notice must include your name, residence address, email address and telephone number, describe the nature and basis of the Dispute and set forth the specific relief sought. If we and you cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either, you or we, without prejudice the mandatory provisions of the applicable law, may submit the dispute to, as and to the extent applicable:

  1. the binding arbitration administered by the LCIA, in accordance with the terms set forth in this Section 19. Binding arbitration is the referral of a Dispute to a qualified person(s) who will review the Dispute and make a final and binding determination, by making an order, to resolve the Dispute; or

  2. courts of England and Wales having competent jurisdiction, provided that you opt out of the settlement and resolution of the Disputes in the binding arbitration as prescribed herein.

Waiver of Court Proceedings and Jury Trial. Unless you opt out of the settlement and resolution of the Disputes in the binding arbitration as prescribed herein and except for any Disputes in which either you or we seek injunctive or other equitable relief for the alleged unlawful use of any Intellectual Property, you and we hereby waive your and our respective rights (i) to have any Dispute arising from or related to these Terms, the Platform or any matters contemplated herein resolved in a court, and (ii) to a jury trial.

Binding Arbitration. Any Dispute arising out of or in connection with these Terms, the Platform or any matters contemplated herein, including any question regarding the existence, validity, or termination of these Terms, shall be referred to and finally resolved by the binding arbitration under the London Court of International Arbitration Rules, which are deemed to be incorporated by reference herein. Any arbitration will occur in London, UK. The number of arbitrators shall be one (1). The language to be used in the arbitral proceedings shall be English. Any and all notices, requests, demands, and other communications which are required or may be given in connection with the arbitration shall be sent in electronic form, either via email or other electronic means including via any electronic filing system operated by the LCIA. Any and all notices, requests, demands, and other communications sent by electronic means shall be treated as having been received by a recipient on the day it is transmitted (such time to be determined by reference to the recipient’s time zone).

Confidentiality. Unless otherwise required by the applicable law, and to the maximum extent permitted and possible, you, Equadyne, and the arbitrator(s) shall maintain the confidentiality of any arbitration or litigation proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration, litigation or related to the Disputes. Unless prohibited under the law, the arbitrator will have the authority to make appropriate rulings to safeguard confidentiality.

No Class Actions. Any Dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration or litigation, as the case may be, and will not be brought as a class arbitration, class action, or any other type of representative proceeding in any circumstances. There will be no class or other type of representative action, whether within or outside of arbitration or litigation where an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.

Statutes of Limitation. To the maximum extent permitted under the law, any claim arising out of or related to these Terms shall be filed within one (1) year after the ground for such claim arose. If the claim is not filed within this time period, such claim shall be permanently barred, meaning that there shall be no right to assert such claim.

  1. COMMUNICATION

Communication Channels. You agree and consent to receive electronically all Communications that we provide in connection with these Terms and the Platform. You agree that we may provide Communications to you through any of the Communication Channels, provided that only those postings shall be deemed to constitute Communication that are expressly marked as relating to these Terms. If you provide us with your email address, we may (but will not be obliged to) send Communications to you by email. All Communications specified in this paragraph shall be deemed in writing, valid and of full legal force, and delivered to you on the day following the day when they are published or transmitted, as the case may be.

Contact Details. You may electronically communicate with us by sending Communications to the following email address info@equadyne.finance. We may require you to provide additional data or documents, or perform certain actions that will allow us to identify you.

  1. MISCELLANEOUS

Personal Data. We collect and process your personal data in accordance with our Equadyne Privacy Notice.

Third-Party Benefits. These Terms shall inure to the benefit of the Equadyne Parties and any persons involved or engaged in the development, operation or maintenance, as applicable, of the Platform, Protocol, and related software, irrespective of their specific roles or capacities, and such persons shall be entitled to rely upon and enforce the provisions of these Terms as if they were a party hereto. However, the aforementioned persons’ consent, approval or notice shall not be required to alter, assign, novate, or otherwise change these Terms.

No Waiver. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Entire Agreement. These Terms, together with any documents incorporated herein by reference, contain the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, writings, letters, statements or promises relating to the same subject matter. You hereby agree and acknowledge that in entering into these Terms, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set forth in these Terms.

Language. Currently, only the English version of these Terms and any Communications is considered official. The English version shall prevail in case of differences in translation of any information, documents, Communications, or other content.

Assignability. You shall not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms, including any rights and obligations hereunder at any time and no such transfer or assignment shall require your additional consent or approval.

Validity and Enforceability. The invalidity or unenforceability of any provision or part-provision of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, all of which shall remain in full force and effect.

  1. DEFINITIONS AND INTERPRETATION

Definitions. In these Terms, unless the context requires otherwise, the terms shall have the following meaning:

β€œAccount” means an account registered with the Platform.

β€œAffiliate” means a person controlling, controlled by, or under the same control as Equadyne.

β€œCommunications” means any communications, agreements, documents, receipts, notices, and disclosures related to these Terms.

β€œCommunication Channels” means the Website and any social media accounts, channels, groups and other communication channels as may be indicated on the Website from time to time.

β€œConsumer” means a natural person using services, making deals or transactions for personal or household purposes as defined under the applicable legislation, i.e. for certain purposes that are wholly or mainly outside their trade, business, craft, or profession.

β€œCredentials” means the data that can be used to access, and manage your Wallets and/or Accounts, including username, passwords, seed phrases, private cryptographic keys, signing keys or any other type of keys, PINs, etc.

β€œDigital Assets” means cryptocurrencies and other digital tokens implemented on a public blockchain network, such as, for example, Tokens, Ether (ETH), USD Coin (USDC), and so forth.

β€œDispute” means any dispute, claim, suit, action, causes of action, demand, or proceeding.

β€œentity” means any company or other body corporate, trust, or partnership.

β€œEquadyne”, β€œwe”, β€œus”, β€œour” means Equadyne Inc., a BVI business company.

β€œEquadyne Parties” means Equadyne, Affiliates, and their respective shareholders, directors, officers, employees, agents, advisors, contractors, successors, and assignees.

β€œFees” means certain fees charged by us in connection with your use of the Platform.

β€œFeedback” means any comments, suggestions, recommendations, or other feedback, provided by you in connection with or relating to the Platform.

β€œFOSS Licence” means a free and open-source software licence that allows for editing, modifying, or reusing software’s source code, such as, for example, GPL, Apache and MIT licences.

β€œForce Majeure Circumstances” include, without limitation, (i) fire, flood, hostility, pandemic, the act of God, explosion, strike, (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions and operations, (iii) sanctions, government actions, cease and desist orders issued by governmental or other authorities, embargoes, actions initiated by governmental or other authorities, (iv) weaknesses, vulnerabilities and bugs in the software, blockchain networks, Protocol, Wallets, and other technologies used in connection with these Terms and transactions contemplated hereunder, 51% attacks or similar attacks on Digital Assets’ underlying blockchain networks; (v) loss or theft of Digital Assets as a result of an attack, including hacker, malware, or other attack, (vi) actions, failures to act or inactions of Third-Party Service providers or other third parties, including fraud, loss or theft of funds by such third parties, (vii) system interference and/or destruction by any malicious programs, (viii) power failure, equipment or software malfunction or error, and (ix) any other circumstances beyond our control interfering the performance of these Terms.

β€œFunds” means certain liquidity pools established by the Fund Managers via the Platform that allow for distributing liquidity to Third-Party Protocols.

β€œFund Manager” means a person who creates and manages the Fund.

β€œIntellectual Property” means any copyrighted content, names of services and products, logotypes, trademarks and other marks, trade secrets, inventions, designs, drawings, pictures, animations, works of authorship, etc., which may be demonstrated within the Platform, contained in the Materials, or otherwise made available to you.

β€œLCIA” means the London Court of International Arbitration.

β€œLicence” means a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Platform for its intended purposes on the terms herein set forth.

β€œMaterials” means any information, statements, announcements, documentation, data, content, and other materials with respect to the Platform and/or Protocol, provided by us or on our behalf, whether through the Communication Channels, or otherwise.

β€œNotice” means a written notice of your claim to any of the Equadyne Parties

β€œProhibited Jurisdiction” means any of the following jurisdictions: Democratic People’s Republic of North Korea, Islamic Republic of Iran, Republic of Cuba, Syrian Arab Republic, Myanmar, the Russian Federation, Sevastopol and the Crimea Region of Ukraine, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, United States of America (including its territories: American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands), and any other jurisdiction or territory, where access to and use of the Platform is prohibited by applicable laws or regulations, or which is subject to a country-wide or territory-wide sanction imposed by any country, government, or international authority.

β€œProhibited Person” means any citizen or resident of, or a person subject to any Prohibited Jurisdiction, or any sanctions administered or enforced by any country, government or international authority.

β€œProtocol” means the Equadyne blockchain protocol, which is essentially a set of Smart-Contracts allowing for creating Funds and carrying out certain blockchain transactions.

β€œSmart-Contracts” means autonomous, legally binding and self-executing smart-contracts deployed on public blockchain networks designed to facilitate or process certain blockchain transactions.

β€œPlatform” means the Website, application programming interface (API) and any associated software and functionality facilitating or used in its operation, excluding, for this purpose, the Protocol and any on-chain software.

β€œTaxes” means any income, earnings, capital gains, sales, use, value-added, and similar taxes or payments.

β€œTerms” means these Equadyne Terms of Service.

β€œThird-Party Content” means any content, information, materials and items provided by any third person other than Equadyne, including (i) User Generated Content, (ii) the description of, links to or elements of the Third-Party Services, (iii) promotional materials, advertisements and other third-party materials and data, and (iv) any information produced or derived from the Third-Party Services or other third-party sources, including information about the value or price of Digital Assets.

β€œThird-Party Costs” means any costs, fees, or expenses that are charged by third parties or third-party technologies, including, for example, blockchain gas costs, commissions and fees related to or charged by the Third-Party Services.

β€œThird-Party Protocols” means, except for the Protocol, any blockchain protocol that is not operated by us, for instance Uniswap, Pancakeswap, Sushiswap, that may interact with the Protocol.

β€œThird-Party Services” means any services, software, items, and solutions that are not provided by us, such as, for example, the Protocol, Third-Party Protocols, Funds, Fund Managers’ services, Wallets, software or hardware wallets, decentralised blockchain protocols, Digital Assets, blockchain networks, etc.

β€œTokens” means Equadyne digital cryptographic tokens, having a β€œEQN” ticker, to be implemented on the respective blockchain main network(s), as may be determined by us at our sole and absolute discretion.

β€œWallet” means a pair of public and private cryptographic keys which can be used to track ownership of, receive, manage, and spend Digital Assets on a blockchain network.

β€œWebsite” means the website available at https://equadyne.finance, including any of its subdomains.

β€œUser Generated Content” means information, statements, announcements, data, visual or audiovisual materials, copyrighted content, trademarks, logotypes, and any other materials posted, created, or furnished through or in relation to the Platform by the users, including those associated with any Funds.

β€œyou”, β€œyour” means the person who accepts these Terms; if you are acting on behalf of an entity, β€œyour” and β€œyou” shall refer to both you as an individual using the Platform, and the entity on whose behalf you are acting.

Interpretation. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; words in the singular shall include the plural and in the plural shall include the singular; any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; Section headings do not affect the interpretation of these Terms. The terms β€œinvestment”, β€œinvestor”, β€œinvest”, β€œreturns”, β€œinterest” and other similar terms, as may be used in the Materials, are not meant to be interpreted literally. Rather, such terms are being used to draw rough, fuzzy-logic analogies between the heavily automated and mostly deterministic operations of decentralised Smart-Contracts and the discretionary performance of traditional off-chain transactions. When you access and use the Protocol or other Smart-Contracts, there are no legal agreements, promises of payment, or courts of law, and therefore there are no investments, or other traditional transactions involved.

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