Last modified: 09-04-2024
These Terms of Use (the “Agreement”) establishes the terms and conditions by which you may access and use the Products made available by Totum Labs (referred to herein as “we”, “us” or “our”). The Products shall include https://amphor.io (including https://app.amphor.io), a website-hosted user interface (referred to herein as the “Interface”, “Website”, or “Site”) that provides information and resources about the fundamentals of the protocol Amphor (referred to herein as the “Protocol"). The Protocol is a community built and governed protocol which permits users to interact and experiment with the integrated third party open-source protocols and decentralized applications built on various public blockchains.
You must read this Agreement carefully as it governs your use of the Products. By accessing or using any of the Products, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use any of the Products.
To access or use any of our Products, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in Germany) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity.
NOTICE: This Agreement contains essential information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. Our Products are only available to you — and you should only access any of our Products — if you agree completely with these terms.
The Interface is provided as an informational resource about the fundamentals of the Protocol and about the Amphor ecosystem such as governance, community, and various interfaces and integrations of third party developed protocols and decentralized applications. The Interface is distinct from the Protocol and is one, but not exclusive, means of accessing the Protocol. All information provided in connection with your access and use of the Interface and the Protocol is for informational and educational purposes only.
To access the Protocol through the Interface you must use a non-custodial wallet software, which allows you to interact with public blockchains and smart contracts. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of such third party. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to interact with the Protocol through the Interface, you agree to be bound by this Agreement and all the terms incorporated herein.
You should not take, or refrain from taking, any action based on any information contained on the Interface or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, technical, or other decisions involving the Products, you should seek independent professional advice from a licensed and qualified individual in the area for which such advice would be appropriate.
You acknowledge that neither we nor any affiliated entity is a party to any transaction that is made using the Interface and the Protocol; we do not have possession, custody or control over any crypto assets appearing on the Products and the Protocol; and we do not have possession, custody, or control over any User’s funds. Furthermore, we do not store, send, or receive any digital assets. You understand that when you interact with the Protocol, you retain control over your crypto assets at all times. The private key associated with the wallet address from which you transfer digital assets or the private key associated is the only private key that can control the crypto assets you transfer into the smart contracts.
We do not charge any fees for use of the Products. We do not provide any products and/or services to Users or deliver, hold, and/or receive payments for crypto assets. However, you acknowledge that in connection with your use of the Products and consequently access to the Protocol, you agree to bear all costs associated with your interactions that may be subjected Integrated Protocol fees and/or public blockchain fees (i.e. Gas fees) and any other fees that might apply. When Users pay fees for interacting with any of the Integrated Protocol those fees accrue to the Integrated Protocol operators. The Integrated Protocol operators may or may not distribute part or all of the collected fees and/or other types of incentives (i.e. native token, points, NFTs) as rewards for those Users who chose to interact, provide feedback, find bugs, suggest improvements, participate in community programs among other activities.
When you use any of our Products, you may also be using the products, services, or content of one or more third parties such as the Integrated Protocols. Your use of such third party products, services or content is subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, as applicable.
We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend, or disable, temporarily or permanently, the Products, in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.
We will not be liable for any losses suffered by you resulting from any modification to the Products or from any suspension or termination, for any reason, of your access to all or any portion of the Products.
We reserve the following rights, which do not constitute obligations of ours: (i) with or without notice to you, to modify, disable, delete and remove any and all content and information from any of the Products.
We own all intellectual property and other rights in our Products and their respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of our Products, including any intellectual property rights.
By using any of our Products, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through any of our Products for our current and future business purposes, including to provide, promote, and improve the services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon any suggestions or feedback for any purpose.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you list, post, promote, or display on or through any of our Products. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.
Our Products may contain references or links to third-party resources, including information, materials, products, or services, that we do not own or control (i.e. the Integrated Protocols). In addition, third parties may offer promotions related to your access and use of our Products and Protocol. We do not approve, monitor, endorse, warrant 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 this Agreement does 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.
We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
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:
Prohibited Jurisdictions means any of the following jurisdictions and territories: Republic of Cuba, Democratic People's Republic of North Korea, South Sudan, Islamic Republic of Iran, Syrian Arab Republic, the People’s Republic of China, United States of America (including its territories: American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands), the Crimea Region of Ukraine and Sevastopol, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, and any jurisdiction in which the use of the Interface is prohibited by applicable laws or regulations.
You agree and understand that all interactions with the Protocol through the Interface including but not limited to transferring, redeeming, swapping, zapping are considered unsolicited, which means that they are solely initiated by you and you have not received any type of an advice including an investment advice from us in connection with any interactions with the Protocol. We do not conduct any suitability review of any interactions you initiated. You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws to you for engaging with the Protocol through the Interface. You acknowledge and understand that the Protocol is intricately linked with third-party-developed protocols and decentralized applications. We are not responsible for the operation of such Integrated Protocols or any other underlying smart-contracts which the Integrated Protocol links to, and we make no guarantee of their functionality, security, or availability and we are not responsible or liable for your interactions with the Integrated Protocols or the operation of Integrated Protocols.
You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. You further acknowledge that you are solely responsible for determining whether any transaction placed through the Protocol, is appropriate, suitable, adapted to your financial situation, personal objectives, financial circumstances, and risk tolerance. You should consult a legal, financial or tax professional regarding your specific situation before engaging in any transaction through the Protocol. Accordingly, you understand and agree to assume responsibility for all the risks of accessing and using the Interface, interacting with the Protocol.
Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold, and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Products will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet, and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
This Agreement is not intended to, and does 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 this Agreement.
Our Products may not be available or legally permittable for you to use in your jurisdiction. By accessing our Products, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you and the use of our Products.
Additionally, your use of our Products may result in various tax consequences and it is your responsibility to determine which taxes and how do they apply to any of your interactions with the Protocol that were accessed through the Interface and, if so, to report and/or remit the correct tax to the appropriate tax authority.
Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by us or by any of the operators of the Integrated Protocols, you will be solely responsible for paying the Gas Fees for any transaction that you initiate via any of our Products.
You expressly agree that you assume all risks in connection with your access and use of any of our Products. 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 any of our Products. Furthermore, you acknowledge and assume risk that the operators of the Protocol may fail completely due to whatsoever reason as it is community built and governed protocol.
Digital Assets: Digital asset prices are volatile and fluctuate day to day. Trading, swapping, transferring, zapping these digital assets may be considered a high-risk activity. Proper due diligence and sound judgement should be used in evaluating the risks associated with these activities. We do not solicit nor represent that digital assets are an investment vehicle. The decision to trade digital assets rests entirely on the Users' independent judgement. Any digital asset may decrease in value or lose value due to various factors, including the discovery of wrongful conduct, market manipulation, change to the nature or properties of a digital asset, or governmental or regulatory activity. Demand for digital assets may be partially or wholly driven by speculation or market sentiment.
Lack of Information available: You may not have full access to all the information relevant to the particular Digital Asset or its underlying platform, public blockchain network or protocol. It may not be possible to obtain updated information regarding the progress or any changes to particular Digital Assets or their underlying platforms or network. Many Digital Asset issuers or operators may also have no operating history or track record that any be used to evaluate the ability to achieve their stated project goals.
Protocol Events: Digital Assets may be subject to various protocol events, including Forks, Airdrops, attacks on the security, integrity or operation of the protocol, or protocol participants making a binding decision in relation to the network underlying a Digital Asset. Such events may affect the features, functions, operation, use or other properties of any Digital Asset, protocol or blockchain. The Protocol Events may also severely impact the price or value of any Digital Assets or even result in the shutdown of the protocol or blockchain associated with the Digital Asset. Such Protocol Events may be beyond the control of you or us, or to the extent we have no ability to impact the Protocol Event, our decision or actions may not be in your interests. Where you interact with the Protocols are the subject of a Protocol Event, you may not be entitled to the proceeds arising from any Protocol Event.
Inflation Risk: Digital Assets may, either because of the inherent design of the digital asset or through Network Events, not be a fixed supply of assets. Where additional Digital Assets are created, the asset's price may decline due to the inflationary effects of adding additional Digital Assets to the total assets available.
Concentration Risk: At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Digital Asset. Acting individually or in concert, these holders may have significant influence over the Digital Asset and may be able to influence or cause Protocol Events which may have a detrimental effect on the price, value or functionality of the Digital Assets. Protocol participants may make decisions which may not be in your best interest as a holder of such Digital Assets.
Suspension of Protocol Events: Under certain conditions, interacting with Digital Assets may be difficult or completely impossible. Certain Protocol Events (including total failure of a network) may occur rapidly and affect the ability of holders of Digital Assets to conduct transactions. Information relating to these Protocol Events may be difficult to ascertain ahead of time and may be subject to limited oversight by any third party capable of intervening to stabilize the network.
Source code changes and flaws: The various source codes underlying Digital Assets, protocol, decentralized application and smart contracts are subject to change and may at any time contain one or more defects, weaknesses, inconsistencies, errors or bugs. Unless otherwise represented in writing by us, no audit or investigation has been conducted on any source code produced by parties other than us.
Reliance on the Internet: Digital Assets and Interface relies heavily on the internet. However, the public nature of the Internet means that either part of the Internet or the entire Internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur once transmitting data via the internet. The result of the above may be that your interaction with the Interface and Products is not executed according to your instructions or not at all at the desired time.
Unauthorized access: Unauthorized third parties may use the User wallet and affect transactions without your knowledge or authorization, whether by obtaining control over another device or account used by the User or other methods.
Loss of Private Key(s): Losing control of your private key(s) may permanently and irreversibly deny you access to digital assets that may or may not be connected with the Protocols. Neither we nor any other person will be able to retrieve or protect digital assets for which you hold the private key(s). If the private key(s) is lost, it may become impossible to transfer digital assets to any other address or wallet, and you are solely responsible for securing your private key(s) in a manner that meets the User security circumstances.
Operational Risk: Breakdowns or malfunctioning of essential systems and controls, including IT systems or Digital Assets, public blockchain networks, protocols, may generally affect digital assets' value. Digital Assets may suffer from a concentration of operational risk during development, including key personnel, governance, and financial control risk.
Country Risk: If an interaction is made with any of Integrated Protocols using any of the Digital Assets issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, including markets formally linked to a domestic market, recovery of the sums invested and any profits or gains may be reduced, delayed or prevented by exchange controls, debt moratorium or other actions imposed by the government or other official bodies. Before you use any of the Products and/or interact with any of the Protocols through the Products, you should be familiar with any rules or laws relevant to that apply to you when interacting with our Products and/or all of the Protocols. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been affected. You should obtain independent advice about the different types of redress available in both your home jurisdiction and other relevant jurisdictions before you interact with the Products and the Protocols. If your country of residence imposes restrictions on Digital Assets, use of Products and/or Integrated Protocols, we may be required to discontinue your access to the Interface and Integrated Protocols.
Regulatory Uncertainty: The Products, including the Protocols, are potentially exposed to regulatory/legal risk. The legal and regulatory treatment of DeFi where Users are interacting with Digital Assets, our Products and the Protocols may change. Regulation of Digital Asset and interactions with our Products and the Protocols and their smart contracts are unsettled and rapidly changing. Legal and regulatory treatment varies according to the jurisdiction. The effect of regulatory legal risk is that any Digital Asset may decrease in value or lose all its value due to legal or regulatory change. Legal changes may make a previously acceptable transaction illegal or subject to substantial restrictions that may affect your ability to make such transactions in the future. Changes to related issues such as taxation may occur and radically affect the value or profitability of a Digital Asset. Such risk is unpredictable and depends on geopolitical, economic, sovereign, and other factors. Risks may be asymmetrical between established and emerging markets and affect some Digital Assets significantly more than others. We recommend that the User obtains independent legal, tax and financial advice and continues to monitor the legal and regulatory position in respect of its use of the Services.
Legal status of Digital Assets, the Products, and the Protocols: The laws of various jurisdictions may apply to Digital Assets, the Products and the Protocols offered by us. Applying these laws and regulations to Digital Assets is untested, and laws and regulations are subject to change without prior notice to either us or you. In particular, any current governmental or regulatory tolerance of Digital Assets, the Products, the Protocols may change rapidly, and any or all of them may at any time be deemed contradictory to local laws and regulations, which will affect our ability to offer the Products. Changes to access to the Protocols through the Interface and access/use of the Products may be made unilaterally on short or no notice to the User. We may receive formal or informal queries, notices, requests or warnings by governmental authorities and regulators. Governmental authorities and regulators may act against us, Digital Asset providers or issuers, Integrated Protocols or public blockchain networks. As a result of such events, we may be required to discontinue any or all of the Products. The User may also be subject to governmental or regulatory action by holding Digital Assets or using the Products and interacting with the Protocols. You should take independent legal advice to evaluate the consequences of using the Interface and Products before accepting these Terms of Service.
BY ACCESSING AND USING ANY OF OUR PRODUCTS, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, PROTOCOLS, DECENTRALIZED APPLICATIONS AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH), SO-CALLED STABLECOINS, AND OTHER DIGITAL TOKENS SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD.
IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE THE DIGITAL ASSET SUCH AS TOKEN, INCLUDING FAKE VERSIONS OF EXISTING PROTOCOLS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISKS ASSOCIATED WITH INTERACTING WITH THE PROTOCOLS AND TOKENS. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANIC SELLS AND RUNS.
FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME.
IF YOU INTERACT WITH THE PROTOCOL THAT IS ACCESSED THROUGH THE INTERFACE, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE ALLOCATED TO THE SMART CONTRACT.
FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE THE PROTOCOL NOR ANY OF THE INTEGRATED PROTOCOLS AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF THE PROTOCOL, INTEGRATED PROTOCOLS AND UNDERLYING PUBLIC BLOCKCHAIN NETWORKS.
IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PROTOCOL, INTEGRATED PROTOCOLS AND PUBLIC BLOCKCHAIN NETWORKS, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING AND INTERACTING WITH THE PROTOCOL THROUGH THE INTERFACE. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE AND INTERACTING WITH THE PROTOCOLS.
Suitability: You should decide to use for academical, educational, experimental purposes any of the Products provided by us only after due and careful consideration. You should determine whether the Products are appropriate in light of your experience in similar transactions, your objectives in engaging with us, financial resources and other relevant circumstances. If you are unsure that the Products are suitable, you should obtain independent legal, tax or financial advice.
Fees: Before using the Products and interacting with the Protocol through the Interface, the User should obtain details of all commissions, fees and other charges for which the User will be liable.
Not a Research Report: Any content provided by us does not purport to be, and is not intended to be, a "research report" or "investment research".
Commercial Arrangements: We may have a relationship with other entities which may not be disclosed to you.
UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS AND THE PROTOCOL WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS AND THE PROTOCOL 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 ANY OF OUR PRODUCTS AND THE PROTOCOL. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS AND THE PROTOCOL.
SIMILARLY, THE PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND AS WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON VARIOUS PUBLIC BLOCKCHAINS. UPGRADES AND MODIFICATIONS TO THE PROTOCOL MAY BE MANAGED IN A COMMUNITY-DRIVEN WAY. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE INTERFACE THAT PROVIDES ACCESS TO THE PROTOCOL THAT IS RUNNING ON VARIOUS PUBLIC BLOCKCHAINS WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING THE PROTOCOL.
ANY TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. WE HAVE NO CONTROL OVER THESE SMART CONTRACTS AND CONSEQUENTLY ANY PAYMENTS OR TRANSACTIONS THAT ARE CARRIED OUT, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.
WE MAY PROVIDE INFORMATION ABOUT THE PROTOCOL, DIGITAL ASSETS SUCH AS TOKENS, STABLECOINS, CRYPTOCURRENCIES SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES SUCH AS THE BLOCKCHAIN EXPLORER. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE INTERACTIONS WITH THE PROTOCOL SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY ACTION OR INACTION AS A RESULT OF THE INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF OUR PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR INTERACTION WITH THE PROTOCOL AND/OR TOKEN IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF OUR PRODUCTS. BY PROVIDING INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR ANYONE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INTERACTION WITH THE PROTOCOL THROUGH THE INTERFACE IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL OBJECTIVES, FINANCIAL AND LEGAL CIRCUMSTANCES, AND RISK TOLERANCE.
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 any of our Products; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; (c) any other party's access and use of any of our Products with your assistance or using any device or account that you own or control; and (d) any dispute between you and (i) any other user of any of the Products or (ii) any of your own customers or users.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU 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 OR INABILITY TO ACCESS OR USE ANY OF THE PRODUCTS, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ANY OF THE PRODUCTS OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF ANY OF THE PRODUCTS, EVEN IF AN AUTHORIZED REPRESENTATIVE AND OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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 ANY OF THE PRODUCTS; (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 ANY OF THE PRODUCTS; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE WITH THE PROTOCOLS VIA OUR PRODUCTS, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT VIA ANY OF OUR PRODUCTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES SUCH AS BUT NOT LIMITED TO THE PROTOCOLS, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH ANY OF OUR PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You agree that the laws of the British Virgin Islands, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that each of our Products shall be deemed to be based solely in the British Virgin Islands, and that although a Product 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 arbitration conducted pursuant to this Agreement shall be governed by the International Arbitration Rules of the International Center for Dispute Resolution. You agree that the courts in the British Virgin Islands are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.
We will use our best 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 [amphdisputes@protonmail.me] so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days from the date your email was received, then you and we both agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to any of our Products, this Agreement, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be the British Virgin Islands. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions and, ideally, blockchain technology. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable.
Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.
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. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
In connection with your historic or current use of one or more of our Products we may provide you with certain incentives, prizes, or rewards for completing certain activities (the "User Rewards"). Details regarding the criteria for earning a reward will be described within the applicable Product or official documentation made accessible through the Interface. Upon satisfaction of the criteria for obtaining a reward and subject to your compliance with the associated rewards terms, this Agreement, and applicable law — to be determined exclusively by Totum Labs — we will use commercially reasonable efforts to promptly transfer the earned reward to the digital wallet that you designate or have connected to the applicable Product. We reserve the right to change, modify, discontinue or cancel any rewards programs (including the frequency and criteria for earning such User Rewards), at any time and without a notice to you.
Moreover, in connection with your historic or current use of the Protocol, the community through the Protocol governance mechanisms may choose to provide you with certain incentives, prizes, or rewards for completing certain activities (the “Protocol Rewards). Details regarding the criteria for earning a reward may be described within the Interface or official documentation made accessible through the Interface.
Additionally, the Integrated Protocol operators may, in connection with your historic or current use of the Protocol, may choose to provide you with incentives, prizes, or rewards for completeing certain activities (the “Integrated Protocol Rewards”). Details regarding the criteria for earning a reward may be described within the Interface or official documentation made available through the Interface. The Integrated Protocol operators are responsible for providing such information through the Interface and carrying out the Integrated Protocol Rewards as they seem them fit. We have no control over the Integrated Protocol operators and cannot make any assurances whether such Integrated Protocol Rewards will be duly carried out and in accordance with the information that the Integrated Protocol operators have provided.
We are not registered with the U.S. Securities and Exchange Commission in any capacity or any other similar agency. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your transactions, which occur entirely on public distributed blockchains like Ethereum.
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.