Terms of Use
Effective Date: April 15th, 2024
1. Welcome to the DeFi Dashboard on app.ethernity.io!
1.1 These Terms of Use ("Terms") govern your access to and use of the DeFi Dashboard available at app.ethernity.io (referred to as the "Dashboard"). The Dashboard is an interface provided by Ethernity ("we," "us," or "our") to facilitate user interaction with smart contracts deployed on the Ethereum mainnet, allowing users to participate in decentralized finance (DeFi) products offered by Ethernity.
1.2 ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT ANY DISPUTES RELATING TO THE DASHBOARD WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.3 You are entering into a binding Agreement.
1.3.1. BY ACCESSING OR USING OUR DASHBOARD, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH US THAT INCLUDES THESE TERMS AND ANY OTHER POLICIES REFERENCED HEREIN (COLLECTIVELY, THE “AGREEMENT”).
1.3.2. To the extent that there is a conflict between these Terms and any applicable additional terms, these Terms will control unless expressly stated otherwise. If you don't agree with these Terms, you may not use the Dashboard and should not visit the website or otherwise engage with the Dashboard.
2. Use of the Dashboard2.1 To use the Dashboard, you must legally be able to enter into the Agreement. By using the Dashboard, you represent and warrant that you meet the eligibility requirement. If you do not meet the requirement, you must not access or use the website or the Dashboard.
2.2 We may update the Dashboard and the Terms.
2.2.1. We may change or update the Dashboard, the Agreement, and any part of the Terms at any time, for any reason, at our sole discretion. Once any part of the Agreement is updated and in effect, you will be bound by the Terms if you continue to use the Dashboard.
3. Dashboard3.1. The Dashboard provides an interface for users to interact with smart contracts deployed on the Ethereum mainnet, allowing participation in DeFi products offered by Ethernity. It offers ease of participation and provides information about users' activity, summarizing it for convenience.
3.2. All information provided in connection with your access and use of the Dashboard is intended for informational purposes only. While we strive to provide accurate and reliable information, we cannot guarantee the accuracy, completeness, or timeliness of the information provided.
3.3 Users retain control over their assets.
3.4 It is important to understand that neither we nor any affiliated entity has control over users' assets. Users retain control over their assets at all times when interacting with smart contracts through the Dashboard.
3.4 Users use third-party wallets to interact with the Dashboard; we have no control or guarantee over the wallets.
3.5 To interact with the Dashboard, users will need to connect and engage with it through their self-custodial wallets. It's essential to understand that users' self-custodial wallets are provided by third-party entities and are generally governed by separate terms and conditions set by the respective third-party service providers.
3.6 We are not intermediaries to transactions.
3.7 Due to the decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to users regarding any decisions or activities they undertake when using our Dashboard.
3.8 We have no information about transactions beyond what is publicly available.
3.9 You acknowledge that we do not have information regarding all transactions beyond what is publicly available via the Ethereum mainnet. However, we may collect information regarding users' activities on the Dashboard in accordance with our Privacy Policy.
3.10 There will be associated blockchain fees.
3.11 Transactions on the Ethereum mainnet will require the payment of gas fees. Please note that gas fees are non-refundable. These fees are charged by the Ethereum blockchain and Ethernity does not participate, receive or influence with/in these fees.
3.12 You understand that the Dashboard provides access to information hosted on decentralized infrastructure.
3.13 The Dashboard provides access to information hosted on decentralized infrastructure, ensuring reliability and accessibility.
4 Assumption of Risk4.1 You assume the risks of engaging in DeFi technology.
4.2 DeFi technologies are experimental, speculative, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to the Ethereum mainnet, our website providers, or our wallet API provider could disrupt these technologies and result in loss of assets. We assume no liability or responsibility for any such risks.
4.3 We are not liable for any third-party services or links.
4.4 We are not responsible for the content or services of any third-party, including any third-party wallets, and we make no representations regarding the content or accuracy of any third-party services or materials. The use and access of any third-party products or services, including through the Dashboard, are at your own risk.
5. Taxes5.1 You are responsible for your taxes and duties.
5.2 Users bear sole responsibility for paying any and all taxes, duties, and assessments associated with their use of the Dashboard and any transactions conducted through it.
6. Ownership6.1 We grant you a license to use our Dashboard.
6.2 Contingent upon your ongoing compliance with the Agreement, we grant you a personal, revocable, non-exclusive license to use the Dashboard solely as permitted by these Terms.
6.3 We own all rights in the Dashboard.
6.4 We own all right, title, and interest in and to the Dashboard, including any copyrights in and to any content, code, data, or other materials accessible through it.
7. Prohibited Conduct7.1 You may only use the Dashboard if you comply with this Agreement and all applicable laws. Prohibited conduct includes, but is not limited to, engaging in illegal activity, exploiting the Dashboard for unauthorized commercial purposes, uploading malicious code, attempting to reverse engineer the Dashboard, and interfering with other users' access to or use of the Dashboard.
7.2 You agree not to access or use our services if you are located in, or attempting to access or use our services on behalf of individuals or entities located in, jurisdictions or with persons deemed high risk by our platform. This includes, but is not limited to, the following:
Sanctioned Countries:You may not access or use our services if you are located in or conducting transactions with individuals or entities located in jurisdictions that Binance has deemed high risk. These jurisdictions include, but are not limited to: Cuba, Iran, North Korea, Syria, Crimea region.
Restricted Persons:You may not access or use our services if you are dealing with individuals or entities named as a restricted person or party on any list maintained by the United States of America, United Kingdom, European Union, or United Nations. This includes but is not limited to lists maintained by: The U.S. Office of Foreign Assets Control (OFAC), The Denied Persons List or Entity List maintained by the U.S. Department of Commerce, Sanctions lists maintained by other relevant international bodies.
By accessing or using our services, you confirm that you are not located in, nor are you conducting transactions on behalf of individuals or entities located in, any of the aforementioned jurisdictions or with restricted persons as described above. Violation of this policy may result in the suspension or termination of your account and legal action as deemed necessary.
7.3 Anti-Money Laundering (AML) Compliance7.3.1. We adhere to strict Anti-Money Laundering (AML) measures to prevent financial crimes. By using our Dashboard, you agree to comply with AML laws and regulations.
7.3.2. You must not engage in any illegal activities, including money laundering or terrorist financing, through the Dashboard. We may monitor activity and report suspicious transactions to authorities.
7.3.3. We may request additional information to verify your identity or transaction legitimacy. Failure to comply may result in access termination.
7.3.4. We cooperate with law enforcement and regulatory agencies to investigate and prosecute suspected money laundering activities. Your continued use of the Dashboard signifies agreement to our AML policies.
8. Disclaimers and Limitations of Liability8.1 We make no representations or warranties.
8.2 THE DASHBOARD IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED THROUGH THE DASHBOARD.
8.3 Limitation of Liability.
8.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE DASHBOARD. OUR CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THE DASHBOARD.
Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities; accordingly, some of the above limitations and disclaimers may not apply to you.
9. Indemnification9.1 You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of the Agreement or your misuse of the Dashboard.
10. Arbitration Agreement10.1 Any disputes shall be resolved through binding arbitration in accordance with the laws of the Cayman Islands.
11. Waiver of Injunctive Relief11.1 You agree that you will not seek injunctive relief against us.
12. Termination12.1 We reserve the right to terminate the Agreement or restrict your access to the Dashboard at any time and for any reason.
13. Severability13.1 If any provision of the Agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect.
14. Assignment14.1 We may assign the Agreement without your consent. You may not assign your rights or obligations without our prior written consent.
15. Entire Agreement15.1 The Agreement constitutes the entire agreement between you and us regarding the Dashboard.
16. Governing Law16.1 The Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to its conflict of law principles.
17. Contact Us17.1 If you have any questions about the Dashboard or these Terms, please contact us at [email protected].
17.2 By continuing to use the Dashboard, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Dashboard.