VIRTUS PROTOCOL - TERMS OF SERVICE
Binding Provisions
1. Dispute Resolution; Arbitration Agreement
If you have any dispute or claim arising out of or relating in any way to the Interface or these Terms, you must send an email to VIRTUSplatform@proton.me to resolve the matter via an informal, good faith negotiation process. If that dispute or claim is not resolved within 60 days of sending such an email, then you agree that all unresolved disputes or claims shall be finally and exclusively settled by arbitration administered by the London Court of International Arbitration under the LCIA Arbitration Rules in force at the time of the filing for arbitration of such dispute. The seat of arbitration shall be London, England. The arbitration shall be held before a single arbitrator and shall be conducted in the English language on a confidential basis. The substantive law governing these Terms and any disputes shall be the laws of the Cayman Islands as set forth in Section 3 below, but the procedural law governing the arbitration proceedings shall be the law of England and Wales. Any award made by the arbitrator may be entered in any court of competent jurisdiction as necessary. This section shall survive termination of these Terms, the Interface, or any connection you may have to the information you obtained from the Interface.
2. Class Action and Jury Trial Waiver
You agree to bring all disputes or claims connected to the Interface in your individual capacity and not as a plaintiff in or member of any class action, collective action, private attorney general action, or other representative proceeding. Further, you irrevocably waive the right to demand a trial by jury.
3. Governing Law
You agree that the laws of the Cayman Islands, without regard to the principles of conflict of laws, govern these Terms and any disputes arising out of or relating to these Terms or the Interface, except that the procedural aspects of any arbitration conducted under Section 1 shall be governed by the law of England and Wales as the seat of arbitration.
4. About the Interface
The Interface aggregates and publishes publicly available third-party information about staking technology and decentralized protocols.
4.1 Transaction Interaction Methods
The Interface provides interaction methods that allow Users to indicate transactions they wish to perform in connection with the publicly available VIRTUS Smart Contract Systems (the "Middlewares"), which are based on copies of the VIRTUS Smart Contract Protocols deployed on public blockchain networks.
These interaction methods include:
- (a) Accessing functionalities of publicly deployed Middlewares;
- (b) Self-authorizing token transfers through Users' own wallets;
- (c) Self-minting utility tokens on relevant blockchain networks;
When using these interaction methods, the Interface generates draft transaction messages that Users can independently review and execute using their own third-party wallet applications or hardware devices to conduct transactions on the relevant blockchain networks.
4.2 No Control or Custody
The Interface does not execute, transmit, control, or have custody over any transactions or digital assets. All transactions are:
- (a) Executed directly by the User through their own wallet;
- (b) Processed on decentralized blockchain networks;
- (c) Irreversible once confirmed on the blockchain;
- (d) Entirely the User's responsibility;
4.3 Third-Party Dependencies
Users acknowledge that interaction with the Middlewares and blockchain networks involves reliance on:
- (a) Third-party wallet providers (e.g., MetaMask, Ledger, WalletConnect);
- (b) Public blockchain networks and their validators;
- (c) Smart contract code deployed by third parties;
- (d) Network infrastructure beyond the Interface's control;
The Interface does not guarantee the availability, functionality, security, or performance of any third-party services, wallets, or blockchain networks.
4.4 No Modification of Smart Contracts
The VIRTUS Smart Contract Protocols and Middlewares are deployed on immutable public blockchains. Neither the Interface nor its developers can:
- (a) Modify, upgrade, or alter deployed smart contracts;
- (b) Reverse, cancel, or refund transactions;
- (c) Recover lost funds or correct user errors;
- (d) Control protocol parameters or governance (unless through public governance mechanisms available to all token holders);
4.5 Information Accuracy Disclaimer
While the Interface strives to display accurate information about staking opportunities, protocol parameters, and transaction details, Users acknowledge that:
- (a) Information is sourced from third-party APIs and blockchain data;
- (b) Data may be delayed, incomplete, or inaccurate;
- (c) Users must independently verify all information before transacting;
- (d) The Interface is not responsible for errors in displayed information.
5. About the Middleware
5.1 Open Source Nature
The VIRTUS Smart Contract Protocols are open-source software licensed under [LICENSE TYPE, e.g., MIT License / GPL / Apache 2.0] and made freely available to the public. Anyone can view, copy, modify, and deploy the protocol code without restriction.
5.2 Middleware Deployment
Each Middleware is a compiled instance of one or more VIRTUS Smart Contract Protocols that has been:
- (a) Compiled from source code to bytecode;
- (b) Deployed to one or more public blockchain networks;
- (c) Permanently associated with specific immutable smart contract addresses;
- (d) Made publicly accessible for permissionless interaction.
5.3 Immutability and Decentralization
Once deployed, Middlewares are:
- (a) Immutable: Cannot be modified, upgraded, or deleted by any party;
- (b) Permissionless: Accessible to anyone with a compatible wallet and blockchain access;
- (c) Autonomous: Operate according to their pre-programmed logic without human intervention;
- (d) Decentralized: Executed by blockchain validators, not by any centralized entity.
5.4 No Control or Ownership
Neither the Interface, its developers, nor any other party:
- (a) Controls the operation of deployed Middlewares;
- (b) Has the ability to pause, modify, or terminate Middleware functions;
- (c) Owns or administers the smart contract addresses;
- (d) Can reverse, cancel, or refund transactions processed by Middlewares;
- (e) Provides any guarantee of Middleware functionality, security, or performance.
5.5 Third-Party Deployments
Users acknowledge that:
- (a) Middlewares may be deployed by unknown third parties;
- (b) Multiple versions or copies of VIRTUS protocols may exist across different blockchains;
- (c) The Interface may provide access to Middlewares deployed by parties unaffiliated with the Interface developers;
- (d) Anyone can deploy their own copy of the VIRTUS Smart Contract Protocols.
5.6 Smart Contract Risks
Interaction with Middlewares involves inherent risks, including but not limited to:
- (a) Smart contract bugs or vulnerabilities that could result in loss of funds;
- (b) Unexpected behavior due to blockchain congestion or network conditions;
- (c) Exploitation by malicious actors;
- (d) Incompatibility with certain tokens or protocols;
- (e) Permanent loss of access to funds due to user error.
5.7 No Audit Guarantee
While Middlewares may be based on audited code, Users acknowledge that:
- (a) Audits do not guarantee security or absence of vulnerabilities;
- (b) Deployed bytecode may differ from audited source code;
- (c) New vulnerabilities may be discovered after deployment;
- (d) Interactions between multiple protocols may create unforeseen risks;
- (e) Users should independently verify smart contract code before interacting.
5.8 User Responsibility
Users are solely responsible for:
- (a) Understanding how Middlewares function before interacting with them;
- (b) Verifying smart contract addresses and code;
- (c) Assessing the risks associated with each transaction;
- (d) Ensuring compatibility with their wallet and tokens;
- (e) Accepting all consequences of their interactions with Middlewares.
The Interface provides access to Middlewares as a convenience but makes no representations or warranties regarding their safety, functionality, or suitability for any purpose.
6. Interface Relationship to Middleware
Using blockchain systems, third-party wallets, validator nodes, or the Middlewares does not require use of this Interface. Anyone with an internet connection and a compatible wallet can interact directly with Middlewares or blockchain networks without accessing or using the Interface.
6.1 No Ownership or Control
The Interface maintainers do not own, operate, control, or have any authority over:
- (a) Blockchain networks or their validator nodes;
- (b) Third-party wallet applications or hardware devices;
- (c) The Middlewares or any deployed smart contracts;
- (d) User funds, tokens, or digital assets;
- (e) Private keys or wallet credentials.
6.2 Information Aggregation
The Interface aggregates and displays publicly available information about Middlewares in a user-friendly format. This information is independently available from other sources, including:
- (a) Blockchain explorers (e.g., Etherscan, BscScan, Polygonscan);
- (b) Direct smart contract queries via blockchain RPC nodes;
- (c) Code repositories on platforms like GitHub;
- (d) Third-party analytics and data providers;
Users can verify all information displayed by the Interface through independent sources.
6.3 Transaction Message Generation
By combining publicly available blockchain data with User inputs through the Interface, the Interface generates draft transaction messages compatible with the Middlewares. These draft messages are designed to accomplish the User's stated operational goals (e.g., staking tokens, claiming rewards, withdrawing funds).
The Interface does not execute, transmit, or control these transactions, it only generates draft messages for the User's independent review and authorization.
6.4 Wallet Integration
All draft transaction messages are delivered from the Interface to the User's chosen third-party wallet application or hardware device via standard APIs (e.g., WalletConnect, Coinbase Wallet SDK, Web3 provider injections).
This delivery occurs after the User clicks "Connect Wallet" or similar buttons on the Interface. The Interface never receives or stores:
- (a) Private keys or seed phrases;
- (b) Wallet passwords or credentials;
- (c) Signing authority over User accounts.
6.5 User Authorization Required
The User must personally review and authorize every transaction message before it is broadcast to any blockchain network.
Authorization requires the User to:
- (a) Review transaction details in their wallet application;
- (b) Confirm the transaction parameters (recipient address, amount, gas fee, etc.);
- (c) Sign the transaction with their private cryptographic key.
The private key used for signing is:
- (a) Stored exclusively in the User's wallet (not accessible to the Interface);
- (b) Beyond the control of the Interface, Interface maintainers, or contributors;
- (c) The sole responsibility of the User to secure and protect.
The Interface cannot and does not sign, authorize, or execute transactions on behalf of any User.
6.6 Transaction Broadcasting and Execution
Once the User authorizes a transaction in their wallet:
- (a) The wallet application broadcasts the signed transaction to the relevant blockchain network;
- (b) The User pays network fees (gas) to blockchain validators for transaction processing;
- (c) The transaction is processed by the Middleware smart contracts according to pre-programmed logic;
- (d) The transaction results are recorded immutably on the blockchain.
The Interface plays no role in broadcasting, executing, or validating transactions. All transaction execution occurs entirely on-chain through decentralized blockchain networks.
6.7 Non-Custodial and Non-Agency Relationship
The Interface maintainers and the Interface are not:
- (a) Custodians of User funds or digital assets;
- (b) Agents, intermediaries, brokers, or fiduciaries of the User;
- (c) Capable of accessing, controlling, or moving User funds;
- (d) Responsible for transaction outcomes or blockchain network performance.
The Interface and Interface maintainers do not:
- (a) Store, hold, or have access to User tokens, private keys, passwords, or accounts;
- (b) Perform transactions or send transaction messages on behalf of Users;
- (c) Purchase, sell, trade, or handle any tokens;
- (d) Earn fees, commissions, or compensation from User transactions;
- (e) Collect any payment from Users for Interface access or use.
All transactions are:
- (a) Executed solely through the User's wallet and blockchain interactions;
- (b) Independent of and not controlled by the Interface or Interface maintainers;
- (c) The sole responsibility of the User;
- (d) Irreversible once confirmed on the blockchain.
6.8 No Transaction Fees
The Interface maintainers do not collect any fees, commissions, or compensation from Users for:
- (a) Access to or use of the Interface;
- (b) Transaction messages generated through the Interface;
- (c) Interactions with Middlewares or blockchain networks.
Users pay only:
- (a) Blockchain network fees (gas) to validators;
- (b) Protocol fees (if any) programmed into Middleware smart contracts.
Any fees collected by Middlewares are determined by the smart contract code itself and are not controlled by or paid to the Interface maintainers.
6.9 Independence of User Actions
All User interactions with blockchain networks and Middlewares are:
- (a) Independent actions taken by the User in their sole discretion;
- (b) Not affiliated with, endorsed by, or controlled by the Interface maintainers;
- (c) Conducted entirely at the User's own risk;
- (d) Subject to the rules and limitations of the underlying blockchain protocols and smart contracts.
The Interface serves only as a convenient tool for generating transaction drafts. The User remains solely responsible for all decisions, actions, and consequences related to blockchain transactions.
7. Eligibility
By accessing or using the Interface, you represent, warrant, and covenant that:
7.1 Legal Age and Capacity
You are of legal age in the jurisdiction in which you reside to use the Interface and interact with the Middlewares, and you have the legal capacity to enter into and be bound by these Terms. If you are accessing the Interface on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.
7.2 Technical Competence
You possess all technical knowledge necessary or advisable to understand and evaluate the risks of:
- (a) Using the Interface and its features;
- (b) Interacting with blockchain networks and smart contracts;
- (c) Managing private keys and digital assets;
- (d) Engaging with decentralized protocols and Middlewares.
You acknowledge that blockchain technology and digital assets involve significant technical complexity and risk.
7.3 Legal Compliance
You comply with all applicable laws, rules, regulations, and obligations in your relevant jurisdiction, including but not limited to:
- (a) Tax reporting and payment obligations;
- (b) Anti-money laundering (AML) and counter-terrorism financing (CTF) requirements;
- (c) Securities and commodities regulations;
- (d) Consumer protection laws;
- (e) Data protection and privacy regulations;
Your use of the Interface:
- (a) Is not prohibited by any applicable law or regulation;
- (b) Does not violate or facilitate the violation of any applicable laws or regulations;
- (c) Does not contribute to or facilitate any illegal activity.
7.4 Geographic Restrictions
You are NOT:
a) A resident, citizen, national, or agent of any of the following Restricted Territories:
Sanctioned Countries: Afghanistan, Belarus, Cuba, Democratic People's Republic of Korea (North Korea), Iran, Myanmar (Burma), Russian Federation, Syria, Venezuela, Zimbabwe.
Comprehensively Embargoed Regions: Crimea, Donetsk People's Republic (DNR), Luhansk People's Republic (LNR), Abkhazia, South Ossetia;
Other Restricted Jurisdictions: China (People's Republic of), United States of America and its territories.
Additional High-Risk Jurisdictions: Angola, Burundi, Central African Republic, Democratic Republic of Congo, Ethiopia, Guinea, Guinea-Bissau, Haiti, Iraq, Lebanon, Liberia, Libya, Mali, Moldova, Montenegro, Nicaragua, Niger, Republic of Congo, Somalia, Somaliland, South Sudan, Sudan, Tunisia, Yemen.
Or any other country, region, or territory: To which the United States, the United Kingdom, the European Union or any of its member states, the United Nations or any of its member states, or Switzerland (collectively, the "Major Jurisdictions") embargoes goods, imposes economic sanctions, or restricts financial transactions.
b) An entity organized, incorporated, or doing business in any Restricted Territory.
7.5 Sanctions Compliance
You are NOT, and do not directly or indirectly own, control, or act on behalf of:
a) Any person or entity listed on any sanctions list maintained by any Major Jurisdiction, including but not limited to:
- US Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) List;
- US Department of Commerce Denied Persons List;
- US Department of State Debarred Parties;
- EU Consolidated Financial Sanctions List;
- UK HM Treasury Sanctions List;
- UN Security Council Consolidated Sanctions List;
- Swiss State Secretariat for Economic Affairs (SECO) Sanctions List.
b) Any person or entity that is:
- Owned (50% or more) or controlled by any Sanctions List Person;
- Acting on behalf of any Sanctions List Person;
- Otherwise designated under any sanctions program.
7.6 Source of Funds
You represent that:
a) You have not received any digital assets from any blockchain address that is:
- Listed on any sanctions list or equivalent maintained by any Major Jurisdiction;
- Associated with any Restricted Territory;
- Involved in any illegal activity.
b) Your digital assets have been obtained through lawful means and do not represent proceeds of any illegal activity, including but not limited to:
- Money laundering;
- Terrorist financing;
- Fraud, theft, or embezzlement;
- Drug trafficking or other serious crimes;
- Sanctions violations.
7.7 No Prohibited Transactions
You do not intend to:
- (a) Transact with or transfer assets to any Restricted Territory or Sanctions List Person;
- (b) Use the Interface or Middlewares to facilitate any illegal activity;
- (c) Engage in any transaction that would violate applicable sanctions or export control laws;
- (d) Circumvent any geographic or sanctions-related restrictions.
7.8 Ongoing Compliance
You agree to:
- (a) Immediately cease using the Interface if you become subject to any sanctions or embargoes;
- (b) Immediately cease using the Interface if you become a resident or citizen of any Restricted Territory;
- (c) Notify the Interface maintainers at VIRTUSplatform@proton.me if your eligibility status changes;
- (d) Not use VPNs, proxies, or other methods to circumvent geographic restrictions.
7.9 Monitoring and Enforcement
The Interface maintainers reserve the right to:
- (a) Use blockchain analytics tools to monitor transactions for sanctions compliance;
- (b) Restrict or block access to the Interface from certain IP addresses or geographic regions;
- (c) Require additional identity verification or proof of eligibility;
- (d) Terminate access for any User who violates these eligibility requirements.
However, you acknowledge that due to the decentralized and permissionless nature of blockchain networks, the Interface maintainers cannot prevent you from interacting directly with Middlewares through other means.
7.10 Consequences of Misrepresentation
If any representation in this Section 7 is or becomes false, inaccurate, or misleading:
- (a) You are in material breach of these Terms;
- (b) Your right to use the Interface terminates immediately;
- (c) You may be subject to legal action by regulatory authorities;
- (d) You remain liable for any damages resulting from your misrepresentation.
7.11 Updates to Restricted Territories
The list of Restricted Territories may be updated from time to time to reflect changes in applicable sanctions and regulations. It is your responsibility to regularly review these Terms and ensure your continued eligibility.
The most current version of these Terms will always be available at [URL to Terms of Service].
IMPORTANT NOTICE: These eligibility requirements are designed to ensure compliance with applicable laws and regulations. However, you are solely responsible for determining whether your use of the Interface complies with the laws of your jurisdiction. If you are uncertain about your eligibility, you should consult with legal counsel before using the Interface. The Interface maintainers do not provide legal advice and make no representations regarding the legal status of the Interface or digital assets in any jurisdiction.
8. Permitted Use
8.1 Informational and Research Purposes Only
The Interface is provided exclusively for informational, educational, and research purposes to aid technologically sophisticated persons in:
- (a) Conducting independent research and due diligence;
- (b) Analyzing publicly available blockchain data;
- (c) Understanding how decentralized protocols and Middlewares function;
- (d) Making informed, independent decisions about blockchain transactions.
The Interface is a tool to assist with information gathering and decision-making, not to provide advice, recommendations, or transaction execution services.
8.2 User Sophistication Required
The Interface is designed for and intended to be used only by persons who:
- (a) Possess advanced technical knowledge of blockchain technology, smart contracts, and digital assets;
- (b) Understand the risks inherent in decentralized finance (DeFi) and blockchain transactions;
- (c) Are capable of independently evaluating transaction risks and conducting their own due diligence;
- (d) Can verify smart contract code, transaction parameters, and blockchain data without reliance on the Interface;
- (e) Accept full responsibility for all consequences of their blockchain interactions.
The Interface is NOT suitable for persons lacking such sophistication and technical expertise.
8.3 Independent Verification Required
Before using any information from the Interface (including draft transaction messages, displayed data, or analytics) to engage in any blockchain transaction, each User MUST:
a) Independently verify:
- The accuracy and completeness of all information displayed by the Interface;
- Smart contract addresses against official sources;
- Transaction parameters (recipient, amount, gas fee, function calls);
- The current state of relevant blockchain networks and protocols;
- Any risks associated with the intended transaction.
b) Confirm:
- That draft transaction messages accurately reflect the User's intentions;
- That the transaction will interact with the correct Middleware and blockchain;
- That the User's wallet holds sufficient tokens and network fees;
- That the User understands all potential outcomes of the transaction.
c) Consult:
- Smart contract code directly on blockchain explorers;
- Official protocol documentation and code repositories;
- Independent security audits (if available);
- Professional advisors (legal, financial, tax) as appropriate.
8.4 No Reliance on Interface Information
Users acknowledge and agree that:
- (a) The Interface may display inaccurate, incomplete, outdated, or misleading information;
- (b) Information is aggregated from third-party sources and may contain errors;
- (c) The Interface maintainers make no representations or warranties about information accuracy;
- (d) Users must NOT rely solely on Interface-provided information for any transaction decision;
- (e) All transaction decisions must be based on the User's independent research and judgment.
8.5 Prohibited Uses
The following uses of the Interface are strictly prohibited:
a) Illegal Activities:
- Money laundering or terrorist financing;
- Fraud, theft, or misappropriation of funds;
- Violations of sanctions, export controls, or embargoes;
- Market manipulation or insider trading;
- Any other illegal, fraudulent, or criminal activity.
b) Unauthorized Access:
- Attempting to gain unauthorized access to the Interface, its systems, or user data;
- Circumventing security measures or geographic restrictions;
- Using automated tools (bots, scrapers) without permission;
- Reverse engineering or decompiling Interface code.
c) Harmful Activities:
- Transmitting malware, viruses, or harmful code;
- Conducting denial-of-service (DoS) attacks;
- Spamming or phishing;
- Impersonating others or misrepresenting your identity or affiliation.
d) Commercial Misuse:
- Reselling, redistributing, or sublicensing access to the Interface;
- Using the Interface for commercial purposes without authorization;
- Creating derivative works based on the Interface without permission.
e) Misleading Conduct:
- Misrepresenting the capabilities, endorsements, or affiliations of the Interface;
- Falsely claiming the Interface provides financial advice or investment recommendations;
- Using the Interface in a manner that violates these Terms or applicable laws.
8.6 Non-Advice Disclaimer
The Interface does NOT provide:
- (a) Financial, investment, trading, or tax advice;
- (b) Legal or regulatory compliance advice;
- (c) Recommendations to buy, sell, hold, or trade any digital assets;
- (d) Endorsements of any protocols, tokens, or projects;
- (e) Guarantees of transaction success or profitability.
Any information, data, or analytics displayed by the Interface is for informational purposes only and should not be construed as advice or a recommendation.
8.7 User Responsibility
Each User is solely responsible for:
- (a) Determining whether the Interface is suitable for their needs and risk tolerance;
- (b) Conducting all necessary due diligence before engaging in transactions;
- (c) Understanding and accepting all risks associated with blockchain and DeFi;
- (d) Complying with all applicable laws and regulations;
- (e) Paying all taxes associated with their digital asset activities;
- (f) Maintaining the security of their wallets, private keys, and devices.
8.8 Right to Refuse Service
The Interface maintainers reserve the right, at their sole discretion and without liability, to:
- (a) Restrict or deny access to the Interface for any User or from any jurisdiction;
- (b) Modify, suspend, or discontinue any features or functionality of the Interface;
- (c) Block access from IP addresses associated with Restricted Territories or prohibited activities;
- (d) Implement additional verification or compliance measures.
However, due to the decentralized nature of blockchain networks, Users may still be able to interact directly with Middlewares through other means.
8.9 Acknowledgment
By using the Interface, you acknowledge and agree that:
- (a) You have read and understood this Permitted Use section;
- (b) Your use of the Interface complies with all restrictions and requirements herein;
- (c) You will not use the Interface for any prohibited purpose;
- (d) Violation of this section constitutes a material breach of these Terms and may result in immediate termination of your access.
9. Prohibited Uses
Each User must not, directly or indirectly, in connection with their use of the Interface:
9.1 Violation of Terms and Permitted Use
- a) Use the Interface for any purpose other than the Permitted Use as defined in Section 8;
- b) Use the Interface at any time when any representation or warranty made by the User in these Terms is or becomes untrue, inaccurate, or misleading;
- c) Fail to comply with any applicable provision of these Terms or any other terms, conditions, privacy policy, or other policy governing the use of the Interface;
9.2 Fraudulent or Deceptive Conduct
- a) Employ any device, scheme, or artifice to defraud, or otherwise materially mislead, any person or entity;
- b) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person or entity;
- c) Make any false, misleading, or deceptive statements or representations in connection with the Interface or blockchain transactions;
- d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
9.3 Reliance and Advice
- a) Rely on the Interface as the sole or primary basis for or source of advice concerning any financial, investment, legal, tax, or business decision-making;
- b) Represent or imply to others that the Interface provides financial advice, investment recommendations, or endorsements of any kind;
9.4 Market Manipulation and Trading Violations
a) Engage in any activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including but not limited to:
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Spoofing: Submitting or canceling orders to create false or misleading market activity;
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Wash trading: Engaging in transactions where the same person or coordinated parties are on both sides;
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Front-running: Using non-public information about pending transactions for personal gain;
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Pump and dump schemes: Artificially inflating token prices through misleading statements;
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Layering: Placing multiple orders at different price levels to manipulate order books;
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Insider trading: Trading based on material non-public information.
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b) Manipulate or attempt to manipulate the price, liquidity, or market for any digital asset;
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c) Engage in coordinated trading activities designed to manipulate markets or deceive other users;
9.5 Unauthorized Securities and Commodities Transactions
a) Use the Interface to transact in or facilitate transactions involving:
- Securities (stocks, bonds, investment contracts) unless in full compliance with applicable securities laws;
- Commodities futures or derivatives unless in compliance with commodities regulations;
- Trading of commodities on a leveraged, margined, or financed basis in violation of applicable law;
- Binary options or prediction market transactions that constitute illegal gambling;
- Real estate or real estate leases structured as securities;
- Equipment leases structured as investment contracts;
- Debt financings or equity financings that violate securities laws;
- Any other financial instruments that require regulatory authorization you do not possess.
b) Engage in token-based or other financings of a business, enterprise, venture, DAO, software development project, or other initiative that violates securities laws, including but not limited to:
- Initial Coin Offerings (ICOs);
- Decentralized Autonomous ICOs (DAICOs);
- Initial Exchange Offerings (IEOs);
- Security Token Offerings (STOs);
- Any other token-based fundraising events that constitute unregistered securities offerings.
9.6 Sanctions and Export Control Violations
a) Engage in any act, practice, or course of business that operates to circumvent, violate, or facilitate the violation of any sanctions, embargoes, or export controls, including but not limited to:
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Transacting with persons or entities on any Sanctions Lists;
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Transacting with persons or entities located in Restricted Territories;
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Using VPNs, proxies, or other tools to disguise your location or circumvent geographic restrictions;
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Facilitating transactions on behalf of sanctioned persons or entities;
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b) Engage in any transaction involving digital assets that originated from or are destined for Restricted Territories or Sanctions List Persons;
9.7 Illegal Activity and Proceeds of Crime
a) Use the Interface to transmit, exchange, or otherwise deal with assets that are the direct or indirect proceeds of:
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Money laundering;
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Terrorist financing;
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Drug trafficking or narcotics violations;
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Human trafficking or exploitation;
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Fraud, theft, embezzlement, or misappropriation;
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Cybercrime (hacking, ransomware, extortion);
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Tax evasion or other financial crimes;
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Any other criminal or fraudulent activity.
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b) Use the Interface to facilitate, support, or conceal any illegal activity;
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c) Engage in transactions designed to obscure the source, ownership, or destination of assets obtained through illegal means;
9.8 Technical Attacks and Security Violations
a) Engage in, attempt, or assist in any hack, attack, or exploitation of the Interface, Middlewares, blockchain networks, wallet applications, or devices, including but not limited to:
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Sybil attacks: Creating multiple fake identities to gain disproportionate influence;
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Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attacks: Overwhelming systems with traffic;
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Griefing attacks: Actions designed to harm others without corresponding benefit;
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51% attacks: Attempting to control a majority of blockchain network hashpower;
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Flash loan attacks: Exploiting smart contract vulnerabilities using uncollateralized loans;
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Reentrancy attacks: Exploiting smart contract code to repeatedly withdraw funds;
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Front-running attacks: Monitoring pending transactions and placing your own first;
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b) Deploy or transmit viruses, malware, ransomware, trojans, worms, or other harmful code;
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c) Attempt to gain unauthorized access to the Interface, its systems, servers, networks, or user data;
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d) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Interface (except as permitted by applicable law);
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e) Circumvent or disable any security features, access controls, rate limits, or protective measures;
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f) Use automated tools (bots, scrapers, crawlers) to access or interact with the Interface without authorization.
9.9 Intellectual Property Violations
- a) Engage in any activity that infringes upon or violates any copyright, trademark, service mark, patent, trade secret, right of publicity, right of privacy, or other proprietary or intellectual property rights under any law;
- b) Copy, reproduce, distribute, modify, or create derivative works based on the Interface or its content without authorization;
- c) Use any trademarks, logos, or branding associated with the Interface without permission;
- d) Remove, obscure, or alter any copyright notices, trademarks, or proprietary rights notices;
9.10 Geographic and IP Address Manipulation
- a) Engage in any activity that disguises, interferes with, or obscures the IP address of a computer or device used to access the Interface;
- b) Use VPNs, proxies, Tor, or other tools to prevent the correct identification of your geographic location or IP address, particularly to: Circumvent geographic restrictions; Access the Interface from Restricted Territories; Evade sanctions or compliance measures.
- c) Provide false or misleading information about your location, residency, or citizenship;
9.11 Network Integrity and Spam
- a) Transmit spam, chain letters, or unsolicited mass communications through or using the Interface;
- b) Engage in phishing, social engineering, or other deceptive practices to obtain sensitive information;
- c) Overload or interfere with the proper functioning of the Interface or connected networks;
- d) Introduce or propagate any content that disrupts the Interface or user experience.
9.12 Legal and Regulatory Violations
- a) Violate any applicable local, state, national, or international law, statute, ordinance, rule, or regulation;
- b) Violate any court order, arbitration award, or regulatory directive applicable to you;
- c) Engage in any activity that requires a license, registration, or authorization that you do not possess;
- d) Facilitate or assist others in violating any laws or regulations;
9.13 Assisting Prohibited Activities
- a) Contribute to, facilitate, assist, encourage, or enable any other person or entity to engage in any of the prohibited activities listed in this Section 9;
- b) Provide tools, services, or information designed to help others circumvent these prohibitions;
- c) Knowingly transact with persons or entities engaged in prohibited activities;
9.14 Consequences of Violation
Any violation of this Section 9 constitutes a material breach of these Terms and may result in:
- (a) Immediate termination of your access to the Interface;
- (b) Reporting to relevant law enforcement or regulatory authorities;
- (c) Legal action to recover damages or seek injunctive relief;
- (d) Cooperation with investigations or legal proceedings;
- (e) Permanent ban from accessing the Interface.
You remain solely liable for any damages, losses, or legal consequences resulting from your prohibited use of the Interface.
9.15 No Obligation to Monitor
The Interface maintainers have no obligation to monitor User activity or enforce these prohibitions. However, they reserve the right to:
- (a) Investigate suspected violations;
- (b) Cooperate with law enforcement and regulatory authorities;
- (c) Implement technical measures to prevent or detect prohibited activities;
- (d) Take any action deemed necessary to protect the Interface and its users.
The decentralized nature of blockchain networks means that Users may still be able to interact with Middlewares through other means, even if access to the Interface is terminated.
10. Additional User Declarations
By accessing or using the Interface, you consent to, represent, warrant, and declare that you agree to and acknowledge the following:
10.1 Limited Obligations
- a) The only duties and obligations owed to you in connection with the Interface are those expressly set forth in these Terms;
- b) No implied warranties, duties, or obligations exist beyond those explicitly stated in these Terms;
- c) These Terms constitute the entire agreement between you and the Interface maintainers regarding the Interface;
10.2 Binding Agreement
- a) These Terms constitute legal, valid, and binding obligations enforceable against you in accordance with their terms;
- b) You have full power and authority to enter into and perform these Terms;
- c) Your acceptance of these Terms does not violate any other agreement to which you are a party;
10.3 Jurisdiction and Venue
- a) The Interface shall be deemed to be based solely in the Cayman Islands for purposes of determining applicable law and jurisdiction;
- b) Although the Interface may be accessible from other jurisdictions, such accessibility does not: Give rise to general or specific personal jurisdiction over the Interface maintainers in any forum outside the Cayman Islands; Create any legal presence, nexus, or permanent establishment in any jurisdiction; Subject the Interface maintainers to the laws of any jurisdiction other than as specified in these Terms.
- c) The Interface is operated on a remote basis and does not constitute "doing business" in any jurisdiction;
10.4 Informational Purpose and No Control
- a) The Interface is provided solely for informational, educational, and research purposes;
- b) The Interface is not, directly or indirectly: In control of any Middleware, smart contracts, or blockchain systems; Capable of performing or effecting any transactions on your behalf; Responsible for the execution, success, or outcome of any blockchain transactions; Acting as your agent, broker, intermediary, or representative.
- c) All transactions are executed directly between you and blockchain networks through your own wallet;
10.5 Independent Research and Evaluation
- a) The Interface is provided only as an aid to your own independent research, due diligence, and evaluation of Middlewares and blockchain protocols;
- b) You should NOT take or refrain from taking any action based solely on: Information displayed on the Interface; Third-party content (blog posts, articles, news feeds, tutorials, social media posts, videos) linked or referenced by the Interface; Data aggregated from third-party APIs or sources; Draft transaction messages generated by the Interface.
- c) You must conduct your own independent verification and analysis before making any decisions or engaging in any transactions;
10.6 Third-Party Wallet Disclaimer
- a) The Interface's ability to connect with third-party wallet applications or devices (such as MetaMask, Ledger, WalletConnect, Coinbase Wallet, etc.) is provided as a convenience only;
- b) Such connectivity does NOT constitute: An endorsement or recommendation by the Interface maintainers; A warranty of the security, functionality, or reliability of any wallet; Any responsibility on the part of the Interface maintainers for wallet performance.
- c) You assume all responsibility and risk for: Selecting and evaluating any third-party wallet application or device; Any bugs, defects, malfunctions, vulnerabilities, or security issues in third-party wallets; Any interruptions, downtime, or unavailability of third-party wallets; Loss of funds or access due to wallet failures or compromises.
- d) The Interface maintainers have no control over and are not responsible for the actions or omissions of third-party wallet providers;
10.7 No Liability for Damages
- a) You agree not to hold the Interface maintainers, their affiliates, developers, contributors, or any related parties liable for any damages that you may suffer in connection with: Your use of the Interface; Your interaction with Middlewares or blockchain networks; Any transactions you engage in; Any reliance on information provided by or through the Interface; Any technical failures, errors, or vulnerabilities; Any third-party actions or omissions.
- b) You acknowledge that you may suffer substantial damages, including total loss of funds, and accept such risk entirely;
10.8 No Professional Advice
- a) The information available on the Interface is NOT: Professional, legal, business, investment, tax, accounting, or financial advice; A recommendation or endorsement of any particular digital asset, protocol, or strategy; A solicitation or offer to buy, sell, or trade any digital asset or security; Tailored to your individual circumstances, needs, or objectives.
- b) Any information provided is for general informational purposes only and should not be construed as advice of any kind;
10.9 Independent Professional Consultation
- a) Before making any financial, legal, tax, or business decision in connection with the Interface, Middlewares, or digital assets, you should seek independent professional advice from individuals who are: Licensed and qualified in the relevant area; Familiar with your specific circumstances and jurisdiction; Independent of the Interface maintainers.
- b) You are solely responsible for determining whether the Interface is suitable for your needs and risk tolerance;
- c) The Interface maintainers make no representation that the Interface is appropriate or legal for use in your jurisdiction;
10.10 No Fiduciary Duties
- a) These Terms are not intended to, and do not, create or impose any fiduciary duties, obligations, or relationships between: You and the Interface maintainers; You and any affiliates, developers, or contributors; Any parties in connection with the Interface.
- b) To the fullest extent permitted by law, you acknowledge and agree that the Interface maintainers owe NO fiduciary duties or liabilities to you or any other party, including but not limited to: Duties of loyalty, care, or good faith; Duties to act in your best interests; Duties to disclose conflicts of interest; Duties to avoid self-dealing or prioritize your interests.
- c) To the extent any such fiduciary duties or liabilities may exist at law or in equity (whether by statute, common law, or otherwise), you hereby irrevocably and unconditionally: Disclaim any such duties; Waive any rights arising from such duties; Eliminate any claims based on breach of fiduciary duty.
- d) This waiver applies to the maximum extent permitted by applicable law;
10.11 Assumption of Risk
- a) You acknowledge and agree that: You may suffer damages, losses, or total loss of funds in connection with your use of the Interface or interaction with Middlewares; Such damages may result from factors including but not limited to smart contract bugs, market volatility, hacking, user error, or blockchain network failures; The Interface and Interface maintainers are NOT liable for any such damages, losses, or consequences.
- b) You voluntarily assume all risks associated with: Using the Interface; Interacting with blockchain networks and smart contracts; Holding and transacting in digital assets; Relying on any information or tools provided by the Interface.
10.12 No Guarantees or Warranties
- a) You acknowledge that: The Interface is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind; The Interface maintainers make no guarantees regarding uptime, availability, accuracy, or functionality; Information displayed may be inaccurate, incomplete, or outdated; Transactions may fail, be delayed, or produce unexpected results.
- b) You accept the Interface in its current state and assume all risks of use;
10.13 Right to Modify or Discontinue
- a) You acknowledge and agree that the Interface maintainers may, at any time and without notice: Modify, suspend, or discontinue the Interface or any features; Change these Terms; Block access from certain jurisdictions or IP addresses; Implement additional restrictions or requirements.
- b) The Interface maintainers have no obligation to maintain, support, or update the Interface;
10.14 Acknowledgment of Understanding
- a) By using the Interface, you confirm that you have: Read and understood all provisions of these Terms, including this Section 10; Had the opportunity to seek independent legal advice regarding these Terms; Voluntarily agreed to be bound by these Terms with full knowledge of their implications.
- b) You cannot later claim ignorance, misunderstanding, or lack of awareness of these provisions;
10.15 Severability of Declarations
If any provision of this Section 10 is found to be invalid, illegal, or unenforceable in any jurisdiction:
- a) Such invalidity shall not affect the validity or enforceability of: The remaining provisions of this Section 10; The same provision in other jurisdictions; The Terms as a whole.
- b) The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its intent;
- c) If modification is not possible, the provision shall be severed, and the remaining Terms shall continue in full force and effect;
11. Certain Risks
Each User acknowledges, agrees, consents to, and assumes the risks of the matters described in this Section 11.
11.1 No Business Model; Interface May Be Discontinued
11.1.1 No Revenue Model or Business Plan
The Interface has no business plan, revenue model, or sustainable funding mechanism. The Interface maintainers:
- Do not generate revenues from the Interface;
- Have no obligation to continue funding operational costs;
- May become unable or unwilling to maintain the Interface long-term;
- May lack resources to upgrade or adapt the Interface to new technologies.
You acknowledge that the Interface may cease to function or be discontinued at any time without warning.
11.1.2 Voluntary Maintenance; No Ongoing Obligations
The Interface is a free web application maintained at the sole and absolute discretion of a community of contributors (the "Interface maintainers"). The Interface maintainers, individually and collectively:
- Assume NO duty, liability, obligation, or undertaking to continue maintaining the Interface;
- Have NO obligation to make the Interface available or functional;
- May terminate, modify, or discontinue the Interface or any features at any time without notice;
- May cease contributing to the Interface for any reason or no reason.
The Interface is provided on a purely voluntary basis, and you have no right to demand its continued availability.
11.1.3 No Obligation to Provide Complete Information
The Interface maintainers have NO obligation, duty, or liability to ensure that the Interface:
- Is a complete or comprehensive source of information about Middlewares or blockchain systems;
- Displays accurate, current, or reliable data;
- Tracks all tokens, protocols, or blockchains that may be relevant to users.
Even if the Interface currently displays information about a particular token, blockchain, or protocol, the Interface maintainers may, at any time and in their sole discretion:
- Discontinue tracking or publishing such information;
- Remove features or data feeds;
- Change the scope or focus of the Interface.
In the event of such discontinuation, you may need to rely on third-party resources such as:
- Block explorers (Etherscan, BscScan, etc.);
- Direct interaction with blockchain nodes;
- Other data aggregators or analytics platforms.
Depending on your level of technical expertise and the quality of third-party resources, reliance on such alternatives may result in:
- Delays in obtaining critical information;
- Errors or mistakes in transaction processing;
- Financial losses or missed opportunities;
- Inability to interact with Middlewares effectively.
You accept these risks and agree not to hold the Interface maintainers liable for any damages resulting from discontinued features or information.
11.1.4 Non-Exclusive Rights; Multiple Protocol Deployments
The VIRTUS Smart Contract Protocols are available under a free open-source license. The Interface maintainers:
- Do NOT have proprietary or exclusive rights to the Protocols;
- Do NOT control who can deploy copies of the Protocols;
- Do NOT endorse or take responsibility for third-party deployments.
It is possible and likely that:
- Additional copies of the Protocols will be deployed on various blockchain networks by unknown third parties;
- Derivative or modified versions of the Protocols will be created;
- Multiple "VIRTUS-branded" or similarly named Middlewares will exist simultaneously;
- Malicious actors may deploy fraudulent or compromised versions.
The Interface maintainers are under NO obligation to:
- Publish information about all Protocol deployments;
- Warn users about the existence of alternative or fraudulent versions;
- Verify the authenticity or security of third-party deployments;
- Distinguish between legitimate and malicious Protocol copies.
You are solely responsible for:
- Verifying the authenticity and security of any Middleware you interact with;
- Confirming smart contract addresses against trusted sources;
- Conducting due diligence on Protocol deployments;
- Avoiding fraudulent or malicious contracts.
11.2 No Regulatory Supervision
11.2.1 Unregulated Status
The Interface maintainers and the Interface:
- Are NOT registered, qualified, or licensed by any government agency or financial regulatory authority;
- Do NOT report to or operate under the supervision of any regulator;
- Are NOT subject to regulatory oversight, audits, or compliance requirements;
- Have NOT been reviewed or approved by any government or regulatory body.
No government agency or financial regulator has:
- Approved the Interface or its contents;
- Reviewed the accuracy or completeness of information on the Interface;
- Endorsed the Middlewares or blockchain technologies;
- Verified the qualifications or competence of the Interface maintainers.
11.2.2 Unregulated Ecosystem
Similarly, the technologies, systems, blockchains, tokens, protocols, and persons relevant to information published on the Interface may also:
- NOT be registered with or supervised by any government or regulatory authority;
- Operate outside the scope of traditional financial regulation;
- Lack consumer protections typically associated with regulated financial services.
The Interface maintainers are NOT:
- Registered brokers or dealers;
- Investment advisors or financial advisors;
- Transfer agents or custodians;
- Money transmitters or money services businesses;
- Any other type of regulated financial intermediary.
11.2.3 No Regulatory Protections
You acknowledge that:
- You do NOT benefit from regulatory protections typically associated with regulated financial services;
- There is NO government insurance, deposit protection, or compensation scheme;
- There is NO regulatory body to which you can complain or seek redress;
- You are interacting with unregulated technology and assume all associated risks.
11.3 Regulatory Uncertainty
11.3.1 Evolving Legal Landscape
Blockchain technologies, digital assets, smart contracts, and decentralized finance (DeFi) are subject to:
- Rapidly evolving and uncertain legal and regulatory frameworks;
- Differing and potentially conflicting regulations across jurisdictions;
- Ongoing regulatory inquiries, investigations, and enforcement actions;
- Potential new laws or regulations that could materially impact the ecosystem.
11.3.2 Potential Adverse Impacts
The Middlewares, Protocols, tokens, blockchains, or the Interface could be adversely impacted by:
- Regulatory or legal inquiries, investigations, or audits;
- Civil or criminal enforcement actions;
- Lawsuits, litigation, or legal claims;
- Fines, penalties, or sanctions;
- Orders requiring cessation of operations or asset freezes;
- Designation as illegal, unregistered securities, or prohibited activities.
Such regulatory or legal actions could:
- Impede or limit your ability to use and enjoy digital assets or blockchain technologies;
- Render tokens illiquid or worthless;
- Restrict access to Middlewares or the Interface;
- Subject you to legal liability or regulatory penalties;
- Result in total loss of your invested funds.
11.3.3 Jurisdictional Variations
Legal and regulatory treatment varies significantly by jurisdiction. Activities that are:
- Legal in one jurisdiction may be prohibited in another;
- Unregulated today may be heavily regulated tomorrow;
- Subject to civil liability in some places and criminal liability in others.
You are solely responsible for:
- Understanding the legal and regulatory status of your activities in your jurisdiction;
- Complying with all applicable laws and regulations;
- Monitoring changes in legal and regulatory requirements;
- Ceasing use of the Interface if it becomes illegal in your jurisdiction.
11.4 No Warranty; "AS IS" Provision
11.4.1 As-Is, As-Available Basis
The Interface is provided on an "AS IS" and "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, either express or implied. You acknowledge and agree that:
- Your access and use of the Interface are entirely at your own risk;
- You assume all risks associated with use of the Interface;
- No guarantees are made regarding Interface functionality, availability, or accuracy.
11.4.2 No Warranty of Availability or Performance
There is NO representation or warranty that:
- Access to the Interface will be continuous, uninterrupted, or timely;
- The Interface will be available at any particular time;
- The Interface will function without errors, bugs, or defects;
- The Interface will be secure from hacking, exploits, or unauthorized access;
- The Interface will be compatible with your devices, browsers, or wallets;
- The Interface will meet your expectations or requirements.
11.4.3 No Warranty of Accuracy or Completeness
There is NO representation or warranty that:
- Information contained in the Interface will be accurate, reliable, complete, or current;
- Data displayed is up-to-date or reflects real-time blockchain state;
- Smart contract addresses, token information, or protocol details are correct;
- Draft transaction messages accurately reflect your intentions or will execute as expected;
- Third-party information integrated into the Interface is trustworthy.
11.4.4 No Warranty of Security
There is NO representation or warranty that:
- The Interface will be free from viruses, malware, or other harmful elements;
- User data or interactions will be secure from interception or theft;
- The Interface's infrastructure is protected against attacks or breaches;
- Third-party integrations (wallets, APIs, data feeds) are secure.
11.4.5 No Warranty Created by Statements or Information
No advice, information, statement, or communication made in connection with the Interface should be treated as creating any warranty concerning the Interface. This includes:
- Statements in documentation, blog posts, or social media;
- Information displayed in the Interface;
- Responses to user inquiries or support requests;
- Marketing materials or promotional content.
11.4.6 No Responsibility for Third-Party Content
There is NO endorsement, guarantee, or assumption of responsibility for:
- Advertisements displayed in connection with the Interface;
- Offers or statements made by third parties;
- Links to external websites or resources;
- Content created by community members or contributors.
11.4.7 No Warranty on Content Quality or Ownership
There is NO representation or warranty from anyone as to:
- The quality, accuracy, or reliability of any content found on or available through the Interface;
- The origin, authenticity, or provenance of such content;
- The ownership or intellectual property status of such content;
- The legality or compliance of such content with applicable laws.
11.4.8 No Liability for Content-Related Issues
The Interface maintainers and contributors shall have NO liability for:
- Any errors, misrepresentations, or omissions in, of, and about the content;
- The availability or unavailability of the content;
- Any losses, injuries, or damages from the use, inability to use, or display of content;
- Reliance on any content provided through the Interface.
11.5 Token Lists and Token Identification
11.5.1 Token Association Methodology
In providing information about tokens, the Interface associates or presumes the association of:
- Token names (e.g., "Ethereum");
- Token symbols (e.g., "ETH");
- Token logos or branding;
with specific smart contract addresses deployed to one or more blockchain networks.
11.5.2 Third-Party Data Sources; No Guarantee of Accuracy
In making such associations, the Interface relies upon:
- Third-party token lists and databases;
- Community-submitted information;
- Automated data aggregation from blockchain explorers;
- Heuristics and assumptions that may be incorrect.
These third-party resources:
- May NOT be accurate, complete, or up-to-date;
- May NOT conform to your expectations or understanding;
- May contain errors, omissions, or fraudulent information;
- Are NOT verified or endorsed by the Interface maintainers.
11.5.3 Token Name/Symbol Conflicts
You acknowledge that:
- Multiple different smart contracts can use the SAME token name or symbol;
- The name or symbol of a token does NOT guarantee it is the token you intended;
- Token names and symbols are NOT unique identifiers;
- Fraudulent or "copycat" tokens often use names/symbols similar to legitimate tokens.
For example:
- There may be dozens of different "USDT" tokens on different blockchains;
- A malicious actor could deploy a fake "ETH" token contract;
- Wrapped or bridged versions of tokens may share names with native tokens.
11.5.4 User Responsibility for Verification
You MUST NOT rely solely on:
- The name, symbol, or logo of a token displayed on the Interface;
- Visual branding or marketing associated with a token;
- Token rankings or prominence in the Interface.
Instead, you MUST:
- Examine the specific smart contract address associated with any token;
- Verify the contract address against official sources (project website, block explorer, etc.);
- Confirm that the token corresponds with your expectations before transacting;
- Understand the risks of interacting with the wrong token contract.
Failure to verify token contracts can result in:
- Sending funds to the wrong contract (permanent loss);
- Purchasing worthless or fraudulent tokens;
- Approving malicious contracts to access your wallet;
- Total loss of funds with no recourse.
11.6 User Responsibility for Accounts & Security
11.6.1 Sole Responsibility for Account Security
You are solely and exclusively responsible for all matters relating to:
- Your accounts, addresses, and wallets;
- Your private keys, seed phrases, and passwords;
- Your tokens, digital assets, and blockchain transactions;
- Ensuring all uses comply fully with these Terms.
11.6.2 Data Integrity and Confidentiality
You are solely responsible for:
- Protecting the data integrity and confidentiality of your information;
- Securing private keys for any wallet applications or hardware devices;
- Maintaining backups of critical credentials;
- Preventing unauthorized access to your devices and accounts.
11.6.3 No Endorsement of Third-Party Wallets or Devices
The compatibility of the Interface with wallet applications and devices or other third-party applications is:
- Provided as a convenience only;
- NOT intended as an endorsement or recommendation;
- NOT a warranty, guarantee, promise, or assurance regarding the fitness, security, reliability, or suitability of such third-party tools.
You hereby agree NOT to construe such compatibility as any form of endorsement or warranty.
11.6.4 Consequences of Security Failures
You acknowledge that:
- Loss or compromise of private keys results in permanent loss of funds;
- There is NO recovery mechanism for lost credentials;
- The Interface maintainers CANNOT help you recover lost or stolen funds;
- You bear all risks of security breaches, hacking, or unauthorized access.
11.7 No Interface Fees; Third-Party Fees Irreversible
11.7.1 No Fees Charged by Interface
There are NO fees or charges imposed by the Interface or Interface maintainers for:
- Accessing or using the Interface;
- Viewing information or generating draft transaction messages;
- Connecting wallets or interacting with the Interface.
The Interface is provided entirely free of charge.
11.7.2 Third-Party Blockchain Fees
Use of Middlewares and interaction with blockchain networks IS subject to third-party fees, including:
- Network transaction fees (gas fees) paid to blockchain validators;
- Protocol fees programmed into smart contracts;
- Fees charged by wallet providers or other intermediaries.
These fees:
- Are NOT controlled by or paid to the Interface maintainers;
- Vary based on network congestion, transaction complexity, and market conditions;
- Are charged directly by blockchain networks and smart contracts.
11.7.3 No Ability to Reverse or Refund
The Interface maintainers:
- Do NOT receive any portion of blockchain or protocol fees;
- Have NO ability to reverse, cancel, or refund any amounts paid in error;
- CANNOT recover funds sent to incorrect addresses or lost due to user error;
- Have NO control over blockchain transactions once broadcast.
All blockchain transactions are:
- Irreversible once confirmed;
- Final and cannot be undone;
- Subject to the rules of the underlying blockchain protocol.
You are solely responsible for:
- Verifying transaction details before confirmation;
- Ensuring sufficient funds for gas fees;
- Accepting the risk of irreversible transactions;
- Any losses resulting from user error or mistakes.
11.8 Additional Risk Acknowledgments
By using the Interface, you acknowledge and accept the following additional risks:
11.8.1 Smart Contract Risks
- Smart contracts may contain bugs, vulnerabilities, or exploits that could result in loss of funds.
- Audits do not guarantee security or absence of vulnerabilities.
- Smart contract behavior may differ from expectations or documentation.
- Upgradeable contracts may be changed in ways that harm your interests.
11.8.2 Blockchain Network Risks
- Blockchain networks may experience congestion, downtime, or forks.
- Transaction fees may spike unexpectedly during periods of high demand.
- Transactions may be delayed, fail, or be dropped from mempools.
- Network upgrades or hard forks may render transactions invalid or create conflicting chains.
11.8.3 Market and Volatility Risks
- Digital asset prices are highly volatile and can change rapidly.
- You may experience significant or total loss of value.
- Markets may become illiquid, preventing you from selling or exiting positions.
- Price manipulation, front-running, and other market abuses may occur.
11.8.4 Technology Risks
- Software bugs in wallets, browsers, or operating systems may cause loss of funds.
- Your devices may be compromised by malware, keyloggers, or other threats.
- Internet or power outages may prevent you from accessing the Interface or executing time-sensitive transactions.
- Technology dependencies (third-party APIs, data providers) may fail.
11.8.5 User Error Risks
- Sending tokens to incorrect addresses results in permanent loss.
- Approving malicious contracts grants them access to your funds.
- Misunderstanding transaction parameters can lead to unintended outcomes.
- There is no "undo" button for blockchain transactions.
You acknowledge that these risks are inherent in blockchain technology and decentralized systems, and you voluntarily assume all such risks.
12. License to Use Interface
12.1 Grant of Limited License
Subject to your eligibility, acceptance, and continued adherence to these Terms, you are hereby granted a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to:
- View, access, and use the Interface;
- Generate draft transaction messages through the Interface;
- Access information displayed on the Interface.
This license is granted solely for the Permitted Uses as defined in Section 8 and in strict accordance with all provisions of these Terms.
12.2 License Restrictions
This license does NOT grant you any right to:
a) Modify or Create Derivatives:
- Modify, adapt, translate, or create derivative works based on the Interface;
- Reverse engineer, decompile, disassemble, or attempt to derive source code (except as permitted by applicable law);
- Remove, alter, or obscure any copyright, trademark, or proprietary notices.
b) Commercial Use Without Authorization:
- Use the Interface for commercial purposes without express written authorization;
- Resell, redistribute, sublicense, or provide access to the Interface to third parties;
- Incorporate the Interface into any product or service offered to others.
c) Reproduce or Distribute:
- Copy, reproduce, or download substantial portions of the Interface (except as necessary for normal browser caching);
- Mirror, frame, or embed the Interface on other websites without permission;
- Distribute or publicly display the Interface or its content.
d) Automated or Bulk Access:
- Use bots, scrapers, crawlers, or automated tools to access the Interface (except with express permission);
- Overload or attempt to disrupt the Interface infrastructure;
- Bypass rate limits or access controls.
e) Misrepresent or Rebrand:
- Present the Interface as your own creation;
- Remove or alter any branding, attributions, or credits;
- Use the Interface's name, trademarks, or branding without authorization.
12.3 Revocability and Termination
This license is revocable at any time and may be terminated:
a) By the Interface Maintainers:
- At any time, for any reason or no reason, without notice;
- Immediately upon your breach of any provision of these Terms;
- If you become ineligible to use the Interface (e.g., become a resident of a Restricted Territory);
- If required by law, regulation, or legal process.
b) Automatically:
- Upon your violation of the Permitted Uses (Section 8);
- Upon your engagement in any Prohibited Uses (Section 9);
- Upon any misrepresentation regarding your eligibility (Section 7);
- If these Terms are modified and you do not accept the new terms.
c) Effects of Termination:
Upon termination of this license:
- You must immediately cease all use of the Interface;
- You must destroy any cached or downloaded copies of Interface content;
- All rights granted to you under this license immediately cease;
- Provisions of these Terms that by their nature should survive (including disclaimers, limitations of liability, and dispute resolution) shall remain in effect.
12.4 No License to Middlewares or Protocols
IMPORTANT DISTINCTION:
The Interface (front-end web application):
- Is proprietary software owned by or licensed to the Interface maintainers (or provided under specific open-source licenses);
- Is licensed to you under the limited terms of this Section 12;
- Access can be revoked or restricted by the Interface maintainers.
The Middlewares and VIRTUS Smart Contract Protocols (blockchain smart contracts):
- Are open-source software deployed on public, permissionless blockchain networks;
- Are NOT the property of the Interface maintainers;
- Are NOT subject to the license restrictions in this Section 12;
- Can be accessed and used by anyone directly through blockchain networks, regardless of Interface access.
You acknowledge that:
- Even if your Interface license is terminated, you retain the technical ability to interact directly with Middlewares through other means (e.g., block explorers, command-line tools, other front-ends);
- The Interface maintainers have NO ability to restrict your access to the underlying Middlewares or blockchain networks;
- This license grants rights only to use the Interface, NOT to use the underlying Middlewares;
- Use of Middlewares directly (without the Interface) is governed by their open-source licenses and blockchain network rules, not these Terms.
12.5 Open-Source Components
The Interface may incorporate or depend upon various open-source software components licensed under their respective open-source licenses (e.g., MIT License, Apache 2.0, GPL). Nothing in these Terms restricts your rights under such open-source licenses with respect to those specific components.
If the Interface itself is made available under an open-source license, the terms of that specific open-source license govern your use of the Interface code, and this Section 12 applies to the hosted instance of the Interface as a service.
12.6 Intellectual Property Rights
a) Interface Maintainers' Rights:
The Interface maintainers (or their licensors) retain all right, title, and interest in and to:
- The Interface and all components thereof;
- All trademarks, service marks, trade names, and branding associated with the Interface;
- All copyrights in Interface design, layout, graphics, and original content;
- Any proprietary algorithms, methodologies, or processes;
- All improvements, modifications, or derivative works created by the Interface maintainers.
b) User Content:
If you submit, post, or transmit any content, feedback, suggestions, or ideas to the Interface maintainers (collectively, "User Content"), you grant to the Interface maintainers a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for any purpose.
You represent and warrant that:
- You own or have all necessary rights to any User Content you submit;
- Your User Content does not infringe any third-party intellectual property rights;
- Your User Content complies with all applicable laws and these Terms.
c) No Transfer of Rights:
Nothing in these Terms transfers any intellectual property rights to you except for the limited license expressly granted in Section 12.1. All rights not expressly granted are reserved by the Interface maintainers or their licensors.
12.7 Third-Party Intellectual Property
The Interface may display or link to content, trademarks, or intellectual property owned by third parties, including:
- Token names, symbols, and logos;
- Blockchain project branding;
- Third-party protocol documentation;
- External website content.
You acknowledge that:
- Such third-party intellectual property is owned by its respective owners;
- The Interface maintainers do not claim ownership of third-party intellectual property;
- Display of third-party intellectual property does not imply endorsement or affiliation;
- You must respect the intellectual property rights of all third parties.
12.8 Trademark Usage Restrictions
You may NOT use any trademarks, service marks, trade names, logos, or branding associated with the Interface or the Interface maintainers without prior written permission, except:
- To accurately describe the Interface in factual contexts;
- As necessary to access and use the Interface for Permitted Uses;
- As expressly permitted by these Terms.
Unauthorized use of Interface trademarks may violate trademark law and these Terms.
12.9 DMCA and Copyright Complaints
If you believe that any content on the Interface infringes your copyright or other intellectual property rights, you may submit a notice to:
Email: VIRTUSplatform@proton.me
Your notice should include:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material and its location on the Interface;
- Your contact information (name, address, email, phone number);
- A statement that you have a good faith belief that the use is not authorized;
- A statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner;
- Your physical or electronic signature.
The Interface maintainers will review such notices and may remove or disable access to allegedly infringing content in accordance with applicable law.
12.10 Reservation of Rights
The Interface maintainers reserve all rights not expressly granted in these Terms. This includes the right to:
- Modify, suspend, or discontinue the Interface or any features at any time;
- Change the scope or terms of this license;
- Grant different licenses or permissions to other users;
- Enforce or not enforce any provision of these Terms at their discretion.
Your use of the Interface does not grant you any ownership interest, equity, or other proprietary rights in the Interface or its underlying technology.
12.11 No Implied Licenses
No implied licenses or rights are granted under these Terms. If a right or license is not expressly stated in this Section 12, you do not have that right or license.
12.12 Compliance with License Terms
You agree to comply with all terms and conditions of this license. Any use of the Interface beyond the scope of this license, or in violation of these Terms, constitutes:
- Copyright infringement;
- Breach of contract;
- Unauthorized access under applicable computer fraud laws.
Such violations may result in:
- Immediate license termination;
- Legal action for damages and injunctive relief;
- Criminal prosecution where applicable;
- Reporting to relevant authorities.
You acknowledge that monetary damages may not be sufficient to compensate for breach of this license, and the Interface maintainers may seek equitable relief (including injunctions) without the need to post bond.
13. Privacy Policy
13.1 Overview and Consent
By accessing or using the Interface, you acknowledge and consent to the collection, use, storage, and disclosure of your information as described in this Section 13. If you do not agree with these practices, you must not use the Interface.
For more detailed information about our privacy practices, please review our full Privacy Policy available at [URL].
13.2 Information Collection
13.2.1 Information We May Collect
The Interface may directly or indirectly collect and temporarily store the following types of information:
a) Blockchain-Related Information:
- Wallet addresses (public blockchain addresses);
- Transaction hashes and blockchain interaction history;
- Token balances and holdings (derived from public blockchain data);
- Smart contract interactions and transaction patterns.
b) Technical and Usage Information:
- IP addresses and geolocation data;
- Browser type, version, and language settings;
- Device type, operating system, and screen resolution;
- Referring/exit pages and URLs;
- Date and time of access;
- Pages viewed and features used;
- Click data and navigation paths;
c) Wallet Connection Information:
- Wallet type and version (e.g., MetaMask, Ledger);
- Wallet connection timestamps;
- Wallet permissions granted to the Interface.
d) Communications:
- Email addresses (if you contact us);
- Content of communications with Interface maintainers;
- Feedback, bug reports, or suggestions submitted.
13.2.2 Information We Do NOT Collect
The Interface does NOT collect, access, or store:
- Private keys or seed phrases;
- Wallet passwords or credentials;
- Personal identification documents (ID, passport, etc.);
- Financial account information (bank accounts, credit cards);
- Social security numbers or tax identification numbers.
We have NO ability to access or control your funds, tokens, or private keys.
13.2.3 Methods of Collection
Information may be collected through:
- Direct interaction with the Interface (user actions);
- Cookies, local storage, and similar tracking technologies;
- Third-party analytics and monitoring services (e.g., Google Analytics);
- Server logs and access records;
- Blockchain data aggregation from public blockchain explorers;
- Third-party APIs and data providers.
13.3 Purposes of Information Collection
We collect and use information for the following purposes:
a) Compliance and Security:
- Identifying prohibited jurisdictions: Detecting access from Restricted Territories based on IP addresses and geolocation;
- Sanctions screening: Identifying blockchain addresses associated with Sanctions List Persons or prohibited activities;
- Fraud prevention: Detecting and preventing fraudulent activity, hacking attempts, or abuse;
- Regulatory compliance: Complying with applicable laws, regulations, and legal obligations.
b) Operational Purposes:
- Providing, maintaining, and improving the Interface;
- Debugging, troubleshooting, and fixing technical issues;
- Monitoring Interface performance and availability;
- Understanding usage patterns and optimizing user experience.
c) Analytics and Research:
- Analyzing aggregate usage trends and statistics;
- Conducting research on blockchain adoption and DeFi usage;
- Improving Interface design and functionality.
d) Communications:
- Responding to user inquiries, support requests, or feedback;
- Sending important notices about the Interface (e.g., Terms updates, security alerts);
- Communicating with users who have contacted us.
13.4 Data Sharing and Disclosure
13.4.1 Third-Party Service Providers
We may share information with third-party service providers who assist in operating the Interface, including:
- Cloud hosting providers (for Interface infrastructure);
- Analytics services (e.g., Google Analytics, Mixpanel);
- Blockchain data providers and APIs;
- Security and monitoring tools;
- Communication services (email, support systems).
These service providers are contractually obligated to use information only for providing services to us and to protect the confidentiality and security of such information.
13.4.2 Legal Requirements and Law Enforcement
We may disclose information if required or permitted by applicable law, including:
- In response to valid legal processes (subpoenas, court orders, warrants);
- To comply with regulatory inquiries or investigations;
- To law enforcement or government authorities investigating illegal activity;
- To prevent, detect, or investigate fraud, security breaches, or Prohibited Uses;
- To enforce these Terms or protect the rights, property, or safety of the Interface, users, or the public.
13.4.3 Sanctions and Compliance Disclosures
IMPORTANT: We reserve the right to disclose information about blockchain addresses, IP addresses, or usage patterns to:
- Government agencies (OFAC, FinCEN, SEC, CFTC, etc.);
- Law enforcement authorities;
- Compliance service providers (Chainalysis, Elliptic, TRM Labs, etc.);
- Regulatory bodies conducting investigations.
Such disclosures may occur without prior notice to you if we identify or suspect:
- Access from Restricted Territories;
- Interaction with sanctioned addresses;
- Prohibited Uses or illegal activity;
- Violations of these Terms.
13.4.4 Aggregate and Anonymized Data
We may share aggregate, anonymized, or de-identified data that cannot reasonably be used to identify you, including:
- Public blockchain statistics and trends;
- Aggregate usage metrics;
- Research findings based on anonymized datasets.
13.4.5 Business Transfers
In the event of a merger, acquisition, reorganization, sale of assets, or similar transaction involving the Interface, user information may be transferred to the acquiring entity or successor.
13.4.6 No Obligation of Confidentiality
Except as required by applicable law (such as GDPR, CCPA, or other data protection regulations), the Interface maintainers have NO obligation of confidentiality with respect to any information collected by or through the Interface.
This means:
- We may disclose information at our discretion for compliance, security, or operational purposes;
- You should not expect that information will be kept confidential beyond legal requirements;
- We prioritize compliance and safety over user confidentiality.
13.5 Data Retention
13.5.1 Retention Periods
We retain information for as long as necessary to:
- Fulfill the purposes described in Section 13.3;
- Comply with legal, regulatory, or contractual obligations;
- Resolve disputes and enforce these Terms;
- Maintain security and prevent fraud.
Specific retention periods:
- Server logs and IP addresses: Typically, 30-90 days, unless flagged for compliance review;
- Blockchain address data: May be retained indefinitely for compliance purposes;
- Analytics data: Typically aggregate and anonymized after 12-24 months;
- Communications: Retained as needed for support and legal purposes.
13.5.2 Deletion
Upon expiration of retention periods, information will be:
- Securely deleted or destroyed;
- Anonymized so it can no longer identify individuals;
- Archived in a manner that prevents ordinary access.
However, we may retain information longer if required by law or regulatory authorities.
13.6 Data Security
13.6.1 Security Measures
We implement reasonable technical and organizational measures to protect information from unauthorized access, disclosure, alteration, or destruction, including:
- Encryption of data in transit (HTTPS/TLS);
- Access controls and authentication;
- Regular security assessments and monitoring;
- Secure data storage practices.
13.6.2 No Guarantee of Security
However, you acknowledge that:
- No method of transmission or storage is 100% secure;
- We cannot guarantee absolute security of information;
- Unauthorized access, hacking, or data breaches may occur despite our efforts;
- You provide information at your own risk.
We are NOT liable for any security breaches or unauthorized access to information.
13.7 Cookies and Tracking Technologies
13.7.1 Use of Cookies
The Interface may use cookies, local storage, and similar tracking technologies to:
- Remember your preferences and settings;
- Analyze usage patterns and traffic;
- Provide personalized features;
- Detect and prevent fraudulent activity.
13.7.2 Types of Cookies
- Essential cookies: Required for Interface functionality (cannot be disabled);
- Analytics cookies: Used to understand how users interact with the Interface;
- Functional cookies: Store preferences and improve user experience.
13.7.3 Managing Cookies
You can control cookies through your browser settings:
- Disable or block cookies (may affect Interface functionality);
- Delete existing cookies;
- Receive notifications when cookies are set.
For more information, consult your browser's help documentation.
13.8 Third-Party Links and Services
The Interface may contain links to third-party websites, services, or resources. We are NOT responsible for the privacy practices of third parties. You should review the privacy policies of any third-party services you access.
13.9 International Data Transfers
Information collected through the Interface may be transferred to, stored in, and processed in countries outside your country of residence, including countries that may have different or less protective data protection laws.
By using the Interface, you consent to such international data transfers.
13.10 Your Rights (GDPR and CCPA)
If you are located in the European Union/EEA or California, you may have certain rights regarding your personal information:
- a) Right to Access: Request a copy of the personal information we hold about you;
- b) Right to Rectification: Request correction of inaccurate or incomplete information;
- c) Right to Erasure ("Right to be Forgotten"): Request deletion of your personal information (subject to legal exceptions);
- d) Right to Restrict Processing: Request that we limit how we use your information;
- e) Right to Data Portability: Receive your information in a structured, machine-readable format;
- f) Right to Object: Object to our processing of your information for certain purposes;
- g) Right to Withdraw Consent: Withdraw consent where processing is based on consent;
- h) Right to Lodge a Complaint: File a complaint with your local data protection authority;
To exercise these rights, contact us at Email: VIRTUSplatform@proton.me.
We will respond to requests within the timeframes required by applicable law (typically 30 days for GDPR, 45 days for CCPA).
Important Limitations:
- We may require verification of your identity before fulfilling requests;
- Some information cannot be deleted due to legal obligations (e.g., compliance records);
- Blockchain data is publicly available and cannot be "deleted" from blockchains;
- We may decline requests that are manifestly unfounded, excessive, or would compromise security.
13.11 Legal Basis for Processing (GDPR)
For users in the EU/EEA, we process personal information based on the following legal grounds:
- a) Legitimate Interests: Fraud prevention, security, and operational purposes;
- b) Consent: Where you have provided explicit consent (e.g., for analytics cookies);
- c) Legal Obligations: Compliance with laws, regulations, and regulatory requests;
- d) Contractual Necessity: To provide the Interface and fulfill these Terms.
13.12 Children's Privacy
The Interface is NOT intended for use by individuals under the age of 18 (or the age of majority in your jurisdiction). We do not knowingly collect information from children. If we become aware that we have collected information from a child, we will take steps to delete it promptly.
If you believe a child has provided information to us, please contact us immediately at VIRTUSplatform@proton.me.
13.13 Do Not Track (DNT) Signals
The Interface does not currently respond to "Do Not Track" (DNT) browser signals, as there is no industry-wide standard for DNT compliance.
13.14 Changes to Privacy Practices
We may modify this Privacy Policy from time to time. Changes will be effective when posted to the Interface. Continued use of the Interface after changes constitutes acceptance of the updated Privacy Policy. For material changes, we may provide additional notice (e.g., email notification or prominent Interface notice). The most current version of this Privacy Policy will always be available at [URL].
13.15 Contact Information
For privacy-related questions, requests, or concerns, contact us at:
Email: VIRTUSplatform@proton.me
Subject Line: Privacy Inquiry
For EU/EEA users, you may also contact our Data Protection Officer (if appointed) at the same email address.
13.16 Blockchain Data Transparency
IMPORTANT NOTICE: Blockchain transactions and addresses are publicly visible and permanently recorded on public blockchains. This includes:
- All transactions you sign and broadcast;
- Your wallet address and token balances;
- Smart contract interactions;
- Transaction history and patterns.
This blockchain data:
- Is NOT controlled by the Interface maintainers;
- Cannot be deleted, modified, or made private;
- Is accessible to anyone via block explorers;
- May be analyzed by third parties (researchers, compliance firms, law enforcement).
Privacy implications:
- Your financial activity on blockchains is pseudonymous but NOT anonymous;
- Sophisticated analysis can link blockchain addresses to real-world identities;
- Once a blockchain address is associated with you, all past and future transactions may be traced.
You acknowledge and accept that blockchain transactions are public and permanent.
13.17 Compliance and Reporting Obligations
You acknowledge that:
- The Interface maintainers may be legally obligated to collect, retain, and report certain information to regulatory authorities;
- We prioritize legal compliance over user privacy expectations;
- We will cooperate with law enforcement and regulatory investigations;
- Information may be disclosed without prior notice if legally required or permitted.
By using the Interface, you consent to such compliance-related collection and disclosure.
14. Non-Reliance
14.1 User Sophistication and Knowledge
By using the Interface, you declare, represent, and warrant that you are:
a) Knowledgeable and Experienced:
- Knowledgeable, experienced, and sophisticated in using and evaluating blockchain technology and related systems;
- Familiar with the operation of public blockchains, distributed ledger technology, and cryptographic protocols;
- Experienced in interacting with smart contracts, digital assets, and decentralized applications;
- Capable of understanding the technical and economic implications of blockchain transactions.
b) Understanding of Relevant Technologies:
- You understand how blockchains operate, including consensus mechanisms, transaction validation, and finality;
- You understand proof-of-stake (PoS), proof-of-work (PoW), and other consensus mechanisms;
- You understand smart contract execution, gas fees, and transaction ordering;
- You understand the risks associated with digital asset custody, private key management, and wallet security.
c) Understanding of Specific Systems:
- You have sufficient knowledge to understand the Middlewares and VIRTUS Smart Contract Protocols;
- You understand how staking, delegation, rewards distribution, and related mechanisms work;
- You are capable of reading and comprehending smart contract code (or obtaining expert assistance to do so);
- You understand the economic incentives, game theory, and potential attack vectors relevant to the protocols.
14.2 Independent Investigation and Due Diligence
You declare and acknowledge that:
a) Conducted Thorough Investigation:
You have conducted your own thorough, independent investigation and analysis of:
- The Middlewares and their underlying smart contracts;
- The VIRTUS Smart Contract Protocols and their functionality;
- The blockchain networks on which Middlewares are deployed;
- The tokens, assets, and protocols you intend to interact with;
- All risks, benefits, and implications of using the Interface and Middlewares;
- The matters contemplated by these Terms.
b) Independent Verification:
- You have independently verified all information material to your decision to use the Interface;
- You have reviewed smart contract code, documentation, and audit reports (if available);
- You have consulted primary sources, official documentation, and blockchain data directly;
- You have not relied solely on information displayed by the Interface;
- You have sought professional advice where necessary (legal, financial, technical).
c) Own Research and Analysis:
- You have performed your own research, risk assessment, and cost-benefit analysis;
- You have evaluated whether the Interface and Middlewares are suitable for your purposes;
- You understand your own risk tolerance and financial capacity;
- You have made your own independent judgment about whether to use the Interface.
14.3 Non-Reliance on Interface Maintainers
You expressly acknowledge and agree that you have NOT relied upon any information, statement, omission, representation, warranty, promise, assurance, or communication, whether express or implied, written or oral, made by or on behalf of the Interface maintainers in connection with:
- The Interface or its features, functionality, or accuracy;
- The Middlewares or their operation, security, or suitability;
- The VIRTUS Smart Contract Protocols or their design, safety, or performance;
- Any tokens, digital assets, or blockchain networks;
- Potential returns, yields, rewards, or financial outcomes;
- Risks, liabilities, or legal implications;
- Regulatory status or compliance;
- Any other matter contemplated by these Terms.
EXCEPT as expressly and explicitly set forth in writing in these Terms.
14.4 No Reliance on Implied Representations
You acknowledge that you have NOT relied upon:
- Implied warranties of merchantability, fitness for a particular purpose, or non-infringement;
- Oral statements or discussions not incorporated into these Terms;
- Marketing materials, blog posts, social media content, or promotional statements;
- Information displayed on the Interface (charts, statistics, token prices, APYs, etc.);
- Third-party content, reviews, tutorials, or analyses;
- Past performance or historical data as an indicator of future results;
- Any representations not explicitly stated in these Terms.
14.5 No Reliance on Projections
If the Interface or Interface maintainers have provided any projections, estimates, forecasts, or forward-looking statements (including potential yields, APYs, returns, or growth rates), you acknowledge that:
- Such statements are speculative and based on assumptions that may not materialize;
- Actual results may differ materially from projections;
- You have NOT relied on such statements in making your decision to use the Interface;
- Such statements do NOT constitute guarantees, promises, or commitments.
14.6 Entire Agreement
These Terms, together with any documents expressly incorporated by reference (such as the Privacy Policy), constitute the entire agreement between you and the Interface maintainers regarding the Interface. These Terms supersede all prior or contemporaneous understandings, agreements, representations, warranties, or statements, whether written or oral.
There are NO other agreements, understandings, representations, warranties, or commitments between you and the Interface maintainers except as explicitly set forth in these Terms.
14.7 Waiver of Reliance-Based Claims
To the fullest extent permitted by law, you hereby irrevocably and unconditionally waive any and all claims, causes of action, or remedies based on:
- Reliance on any representations, statements, or information not explicitly set forth in these Terms;
- Alleged misrepresentation, omission, or failure to disclose;
- Negligent misstatement or failure to investigate;
- Any theory of reliance, estoppel, or detrimental reliance.
You acknowledge that this non-reliance provision is a material inducement to the Interface maintainers making the Interface available, and that the Interface would not be available to you without your agreement to this Section 14.
14.8 Acknowledgment of Understanding
By using the Interface, you confirm that you have:
- Read and understood this entire Section 14;
- Had the opportunity to seek legal counsel regarding this Section;
- Voluntarily agreed to the non-reliance provisions;
- Understand that you are waiving valuable legal rights;
- Cannot later claim you did not understand this Section or were not sophisticated enough to understand it.
14.9 Survival
This Section 14 shall survive termination of your use of the Interface, expiration or termination of these Terms, discontinuation of the Interface, and any disputes or legal proceedings.
15. Risks, Disclaimers, and Limitations of Liability
Each User hereby acknowledges and agrees to, consents to, and assumes the risks of the matters described in this Section 15.
15.1 Third-Party Offerings and Content
15.1.1 Third-Party Resources and Promotions
References, links, referrals, or connections to third-party resources, products, services, or content may be provided to Users in connection with the Interface, including but not limited to:
- Smart contracts developed, deployed, or operated by third parties;
- Third-party wallet applications and hardware devices;
- Block explorers and blockchain data providers;
- Token projects, protocols, and decentralized applications (dApps);
- External websites, documentation, or educational content;
- Third-party APIs, data feeds, or analytics services;
- Social media accounts, communities, or forums;
- Third-party promotions, offers, airdrops, or incentive programs.
The Interface maintainers:
- Do NOT endorse, recommend, verify, or assume any responsibility for any third-party resources, products, services, content, or promotions;
- Have NOT conducted due diligence, security audits, or background checks on third parties;
- Make NO representations or warranties regarding the safety, legality, functionality, or suitability of third-party offerings;
- Are NOT responsible for the accuracy, completeness, or reliability of third-party information.
15.1.2 User Assumption of Third-Party Risks
If you access, use, rely on, or interact with any third-party resources, products, services, content, or promotions, or participate in any third-party promotions, you do so entirely at your own risk.
You acknowledge and accept the risks that third parties may:
- Provide inaccurate, misleading, or fraudulent information;
- Operate insecure, vulnerable, or malicious smart contracts;
- Engage in scams, phishing, rug pulls, or other fraudulent schemes;
- Fail to deliver promised products, services, or rewards;
- Violate applicable laws or regulations;
- Misappropriate, steal, or lose your funds or data;
- Cease operations without notice or recourse.
15.1.3 Release of Liability for Third Parties
Each User hereby expressly, irrevocably, and unconditionally waives and releases the Interface maintainers from all liability, claims, demands, damages, losses, costs, and expenses (including attorneys' fees) arising from or related to:
- Your use of or reliance on any third-party resources, products, services, or content;
- Your participation in any third-party promotions, airdrops, or incentive programs;
- Any actions, omissions, representations, or conduct of third parties;
- Any losses, damages, or harm caused by third parties;
- Any disputes between you and third parties.
This release applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.) and even if the Interface maintainers were aware of the possibility of such damages.
15.1.4 No Responsibility or Liability
The Interface maintainers shall NOT be responsible or liable, directly or indirectly, for any damage, loss, harm, or consequences caused or alleged to be caused by or in connection with:
- The use of, reliance on, or inability to use any third-party resources, products, services, or content;
- The accuracy, reliability, security, or availability of third-party offerings;
- The actions or omissions of third parties;
- Any representations, warranties, or promises made by third parties;
- Any failures, errors, bugs, or vulnerabilities in third-party systems.
15.2 Cryptography Risks
15.2.1 Evolving Cryptography
Cryptography is a progressing field with inherent uncertainties and risks. You acknowledge and accept that:
a) Cryptographic Vulnerabilities:
- Current cryptographic algorithms and protocols may be weakened or broken by future advances in cryptanalysis, mathematics, or computing power;
- Vulnerabilities may be discovered in cryptographic implementations used by blockchains, wallets, or protocols;
- Zero-day exploits or previously unknown attack vectors may compromise cryptographic security.
b) Quantum Computing Threats:
- The development of sufficiently powerful quantum computers may render current cryptographic algorithms (e.g., ECDSA, RSA) insecure;
- Quantum computers could potentially break the cryptographic protections securing blockchain private keys, signatures, and consensus mechanisms;
- This could enable theft, unauthorized access, or manipulation of blockchain systems and digital assets.
c) Implications for Blockchain Systems:
Advances in code-breaking or quantum computing may present risks to:
- Blockchain systems and their underlying cryptographic security;
- The Middlewares and VIRTUS Smart Contract Protocols;
- Tokens, digital assets, and their ownership records;
- Private keys and wallet security.
Such advances could result in:
- Theft or unauthorized transfer of tokens and assets;
- Loss of access to funds due to compromised security;
- Permanent inaccessibility of assets if recovery mechanisms are also compromised;
- Collapse of confidence in blockchain systems and catastrophic loss of value.
15.2.2 No Cryptographic Guarantees
The Interface maintainers:
- Make NO guarantees regarding the security or permanence of cryptographic protections;
- Have NO ability to protect against cryptographic vulnerabilities or quantum computing threats;
- Are NOT responsible for losses resulting from cryptographic failures or advances in code-breaking;
- Cannot prevent, mitigate, or compensate for such risks.
You acknowledge and accept these cryptographic risks as inherent to blockchain technology and digital assets.
15.3 Fork Handling
15.3.1 Nature of Forks
The Middlewares, VIRTUS Smart Contract Protocols, blockchain networks, and all tokens may be subject to Forks.
Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that:
a) Protocol Rule Changes:
- Changes the protocol rules in a backward-compatible manner (soft fork) or backward-incompatible manner (hard fork);
- Affects which transactions can be included in future blocks;
- Changes how blocks are added to the blockchain;
- Alters consensus mechanisms, validation rules, or economic parameters;
- Modifies other matters relating to the future operation of the protocol.
b) Blockchain Reorganization:
- Reorganizes or changes past blocks to alter the history of the blockchain;
- Reverses or modifies previously confirmed transactions;
- Creates alternative versions of blockchain history.
15.3.2 Contentious Forks
Some forks are "contentious" and may result in:
- Two or more persistent, incompatible alternative versions of the protocol or blockchain;
- Competing chains that both claim to be the legitimate or genuine continuation of the original;
- Division of the community, developers, miners, or validators between competing chains;
- Uncertainty about which chain will be recognized as the "official" or dominant version;
- Tokens or assets being duplicated, split, or rendered incompatible across chains.
Examples of contentious forks include Bitcoin vs. Bitcoin Cash, Ethereum vs. Ethereum Classic, and similar blockchain splits.
15.3.3 Interface Maintainers' Role in Forks
The Interface maintainers:
a) Cannot Anticipate, Control, or Influence Forks:
- Have NO ability to anticipate when forks will occur;
- Have NO ability to control whether forks occur;
- Have NO ability to influence the outcome, adoption, or success of any fork;
- Do NOT assume any risk, liability, or obligation in connection with forks.
b) No Obligation to Notify:
- Have NO responsibility or obligation to notify you of pending, threatened, or completed forks;
- Have NO duty to monitor, track, or report on potential forks;
- Will NOT necessarily provide advance warning or guidance regarding forks.
c) Discretionary Response:
- Will respond (or refrain from responding) to any forks in such manner as the Interface maintainers determine in their sole and absolute discretion;
- May choose to support one version of a forked chain, both versions, or neither;
- May discontinue displaying information about certain chains or tokens following a fork;
- May take any action (or no action) regarding forks without consultation or user input.
d) No Liability for Fork Decisions:
- Shall have NO duty, obligation, or liability to any User if the Interface maintainers' response (or lack of response) to a fork acts to the User's detriment;
- Are NOT responsible for any losses, missed opportunities, or damages resulting from fork-related decisions;
- Are NOT liable if the Interface supports a version of a forked chain that loses value or becomes obsolete.
15.3.4 User Responsibility for Forks
Each User assumes full responsibility to:
- Independently remain apprised of and informed about possible, pending, or completed forks;
- Monitor blockchain governance proposals, developer discussions, and community debates;
- Understand the implications of forks for their tokens, positions, and strategies;
- Take appropriate actions to protect their interests before, during, and after forks;
- Manage their own risks in connection with forks.
You acknowledge that:
- Forks may result in loss of value, duplication of tokens, or incompatibility of assets;
- You may need to take specific actions (such as moving tokens, updating software, or claiming forked assets) to avoid losses;
- Failure to take timely action in response to forks may result in permanent loss of value or access;
- The Interface maintainers have NO obligation to assist you with fork-related issues.
15.4 Essential Third-Party Software Dependencies
15.4.1 Direct Blockchain Interaction
The Middlewares and other relevant blockchain systems and smart contracts are public software utilities that are:
- Accessible directly through any compatible third-party blockchain node (full node, light node, or RPC endpoint);
- Accessible indirectly through any compatible third-party wallet application that interacts with such a node;
- NOT dependent on the Interface for their operation or accessibility;
Interacting with the Middlewares does NOT require use of the Interface.
15.4.2 Interface as Optional Convenience
The Interface is only a convenient and user-friendly option for:
- Reading and displaying data from the Middlewares and blockchain systems;
- Generating standard draft transaction messages compatible with the Middlewares;
- Aggregating and presenting information in an accessible format.
You may choose to interact with the Middlewares using software other than the Interface, including:
- Direct interaction via command-line tools or blockchain APIs;
- Other front-end interfaces or dApps;
- Custom scripts or applications;
- Block explorers with transaction broadcasting capabilities.
15.4.3 Third-Party Dependencies
The Interface does NOT provide:
- Wallet software applications;
- Blockchain nodes or validators;
- Direct access to blockchain networks.
Such third-party software constitutes essential dependencies without which:
- The Middlewares cannot be accessed or used;
- Tokens cannot be transferred, traded, or managed;
- Transactions cannot be signed or broadcast.
Essential third-party dependencies include:
- Wallet applications (MetaMask, Ledger, WalletConnect, Coinbase Wallet, etc.);
- Blockchain nodes and RPC providers (Infura, Alchemy, QuickNode, etc.);
- Browser extensions and plugins;
- Operating systems and device firmware;
- Internet connectivity and infrastructure.
15.4.4 No Guarantees for Dependencies
The Interface may use or rely on:
- APIs and servers operated by the Interface maintainers;
- Third-party APIs, data providers, and infrastructure services;
- External libraries, frameworks, and software components.
There are NO guarantees regarding:
- The continued operation, maintenance, or availability of any dependencies;
- The security, reliability, or accuracy of third-party services;
- The compatibility or interoperability of different software components;
- The performance or uptime of infrastructure services.
You acknowledge that:
- Failures, outages, or vulnerabilities in third-party dependencies may prevent you from using the Interface or accessing your assets;
- The Interface maintainers have NO control over third-party dependencies;
- The Interface maintainers are NOT responsible for failures or issues with third-party dependencies;
- You assume all risks associated with reliance on third-party software and services.
15.5 Tax Issues
15.5.1 Tax Uncertainty
The tax consequences of purchasing, selling, holding, transferring, staking, locking, or otherwise utilizing tokens, digital assets, or the Middlewares are uncertain, complex, and vary by jurisdiction.
Tax treatment may differ based on:
- Your country or jurisdiction of residence or citizenship;
- Your tax status (individual, corporation, trust, etc.);
- The nature of your activities (trading, investing, staking, mining, etc.);
- The classification of digital assets in your jurisdiction (property, currency, commodity, security, etc.);
- Specific transactions and events (gains, losses, income, airdrops, forks, staking rewards, etc.).
15.5.2 No Tax Advice or Due Diligence
The Interface maintainers:
- Have undertaken NO due diligence or investigation into tax consequences;
- Do NOT provide any tax advice, guidance, or recommendations;
- Make NO representations regarding the tax treatment of any transactions;
- Assume NO obligation or liability to optimize, facilitate, or bear the tax consequences to any person.
15.5.3 User Responsibility for Taxes
You are solely responsible for:
- Understanding and complying with all applicable tax laws and regulations;
- Determining the tax treatment of your digital asset activities;
- Maintaining records of your transactions for tax reporting purposes;
- Filing all required tax returns and paying all taxes owed;
- Seeking professional tax advice from qualified accountants or tax attorneys.
You acknowledge that:
- Failure to comply with tax obligations may result in penalties, interest, fines, or criminal prosecution;
- Tax laws may change retroactively or be interpreted in unexpected ways;
- The Interface does NOT provide tax reporting tools, forms, or assistance;
- You bear all risks and costs associated with tax compliance.
15.6 Legal Limitations on Disclaimers
15.6.1 Jurisdictional Variations
Some jurisdictions do not allow:
- The exclusion of certain warranties (e.g., implied warranties of merchantability or fitness for purpose);
- The limitation or exclusion of liability for certain types of damages (e.g., personal injury, fraud, gross negligence);
- Waivers of certain consumer protections or statutory rights.
Accordingly, some of the disclaimers, waivers, and limitations of liability set forth in these Terms may not apply in full to specific Users depending on their jurisdiction.
15.6.2 Severability and Maximum Application
If any disclaimer or limitation is found to be invalid or unenforceable in your jurisdiction:
- The remaining disclaimers and limitations shall remain in full force and effect;
- The invalid provision shall be modified to the minimum extent necessary to make it enforceable;
- If modification is not possible, the provision shall be severed without affecting the validity of the remaining Terms.
The disclaimers and limitations of liability provided in these Terms shall apply to the fullest extent permitted by applicable law. This means that even if certain provisions are unenforceable in your jurisdiction, all other provisions remain binding, and unenforceable provisions apply to the maximum extent allowed by law.
15.7 Limitation of Liability
15.7.1 No Liability for Damages
To the fullest extent permitted by applicable law, the Interface maintainers and their affiliates, developers, contributors, advisors, and representatives (collectively, the "Released Parties") shall NOT be liable to you or any third party for any:
a) Direct Damages:
- Loss of funds, tokens, or digital assets;
- Loss of profits, revenue, or income;
- Loss of business opportunities or contracts;
- Loss of data or information;
- Cost of substitute goods or services.
b) Indirect, Incidental, or Consequential Damages:
- Loss of goodwill or reputation;
- Business interruption or downtime;
- Loss of anticipated savings or benefits;
- Consequential or incidental damages of any kind;
- Damages arising from reliance on the Interface or third parties.
c) Special, Punitive, or Exemplary Damages:
- Punitive damages designed to punish or deter;
- Exemplary damages or damages for emotional distress;
- Statutory damages or enhanced damages.
d) Any Damages Arising From:
- Use of, inability to use, or reliance on the Interface or Middlewares;
- Any content, data, or information displayed on or accessible through the Interface;
- Errors, inaccuracies, omissions, or delays in the Interface;
- Unauthorized access, hacking, or security breaches;
- Failures, bugs, viruses, or malicious code;
- Actions or omissions of third parties;
- Forks, protocol changes, or network failures;
- Regulatory actions, legal proceedings, or sanctions;
- Any other matter related to the Interface, Middlewares, or these Terms.
15.7.2 Basis of Liability
This limitation of liability applies:
- Regardless of the legal theory or basis of the claim (contract, tort, negligence, strict liability, statutory violation, etc.);
- Even if the Released Parties have been advised of, knew of, or should have known of the possibility of such damages;
- Even if any remedy provided in these Terms fails of its essential purpose;
- To the maximum extent permitted by law.
15.7.3 Cap on Liability
If, notwithstanding the foregoing limitations, the Released Parties are found to be liable to you for any damages, the total aggregate liability of all Released Parties shall NOT exceed the greater of:
- $100 USD; or
- The amount of fees (if any) you paid to the Interface maintainers in the 12 months preceding the claim.
Given that the Interface is provided free of charge, this means the maximum liability is effectively $100 USD.
15.7.4 Acknowledgment of Essential Terms
You acknowledge and agree that:
- These limitations of liability are essential elements of the agreement between you and the Interface maintainers;
- The Interface would not be made available to you without these limitations;
- These limitations reflect a reasonable allocation of risk given the nature of blockchain technology and decentralized systems;
- You have had the opportunity to seek legal advice regarding these limitations.
15.8 Indemnification
15.8.1 User Obligation to Indemnify
Each User shall defend, indemnify, compensate, reimburse, and hold harmless the Released Parties (Interface maintainers, affiliates, developers, contributors, advisors, representatives, and their respective officers, directors, employees, and agents) from and against any and all:
- Claims, demands, actions, suits, or proceedings;
- Losses, damages, liabilities, judgments, or settlements;
- Costs, expenses, or fees (including reasonable attorneys' fees and litigation costs).
Arising out of or relating to:
a) Your Use of the Interface:
- Your access to, use of, or conduct in connection with the Interface;
- Your interaction with Middlewares or blockchain systems;
- Your transactions or attempted transactions;
- Your reliance on any information provided by or through the Interface.
b) Your Violations:
- Your violation, breach, or alleged breach of these Terms;
- Your violation of any applicable policy, guideline, or agreement;
- Your violation of any applicable laws, regulations, or rules;
- Your infringement or violation of any third-party rights (intellectual property, privacy, publicity, contractual, etc.).
c) Your Conduct:
- Your negligent, reckless, or intentional misconduct;
- Your fraudulent, illegal, or prohibited activities;
- Your misrepresentations or false statements;
- Any harm or damage caused to others by your actions or omissions.
d) Third-Party Claims:
- Claims brought by other users or third parties arising from your conduct;
- Disputes between you and other users or third parties;
- Regulatory or governmental actions triggered by your activities.
15.8.2 Defense and Control
If a claim subject to indemnification is brought against the Released Parties:
- You must provide a defense using counsel reasonably acceptable to the Released Parties;
- The Released Parties may elect to participate in the defense at their own expense;
- The Released Parties may elect to assume exclusive control of the defense at your expense;
- You may not settle any claim without the Released Parties' prior written consent if the settlement imposes obligations on or admits liability by the Released Parties.
15.8.3 Cooperation
You agree to:
- Fully cooperate with the Released Parties in the defense of any indemnified claim;
- Provide all information, documents, and assistance reasonably requested;
- Take all actions reasonably requested to mitigate or defend against claims.
15.8.4 Survival of Indemnification
Your indemnification obligations shall survive:
- Termination of your use of the Interface;
- Expiration or termination of these Terms;
- Discontinuation of the Interface;
- Resolution of any particular claim or dispute.
The indemnification provisions remain in effect indefinitely.
15.9 Assumption of All Risks
By using the Interface, you acknowledge, agree, and expressly assume ALL RISKS associated with:
- Blockchain technology and decentralized systems;
- Smart contracts and their potential vulnerabilities;
- Digital assets and their extreme volatility;
- Cryptographic security and potential failures;
- Third-party dependencies and services;
- Regulatory uncertainty and legal risks;
- Forks, protocol changes, and network failures;
- User error and irreversible transactions;
- All other risks described in these Terms or inherent to the blockchain ecosystem.
You acknowledge that you may lose some or all of any value you commit to blockchain systems or Middlewares, and you accept this risk unconditionally.
16. Entire Representation, Consent and Agreement
16.1 Complete and Exclusive Agreement
These Terms, including all sections, provisions, and appendices herein, together with:
- The Privacy Policy (as referenced in Section 13);
- Any additional policies, guidelines, or disclosures expressly incorporated by reference.
- Any amendments or modifications properly executed in accordance with Section 16.5
constitute the entire, complete, and exclusive representation, consent, understanding, and agreement between you and the Interface maintainers with respect to:
- The Interface and its use;
- The subject matter addressed in these Terms;
- Your relationship with the Interface maintainers;
- All matters contemplated herein.
16.2 Supersession of Prior Agreements
These Terms, including the Privacy Policy and incorporated disclosures and disclaimers, supersede and replace all prior and contemporaneous:
a) Prior Versions:
- Any previous versions of these Terms or related policies;
- Earlier drafts, proposals, or preliminary agreements;
- Beta, test, or pre-release terms and conditions.
b) Other Communications:
- Written or oral understandings, statements, or representations;
- Negotiations, discussions, or proposals (whether written or oral);
- Correspondence, emails, or other communications;
- Verbal agreements or handshake deals.
c) Other Agreements:
- Any other agreements, contracts, or arrangements (whether express or implied);
- Side letters, addenda, or supplementary agreements not explicitly incorporated;
- Course of dealing or course of performance;
- Trade usage or custom.
d) Marketing and Promotional Materials:
- Marketing materials, advertisements, or promotional content;
- Blog posts, social media statements, or community announcements;
- Whitepapers, pitch decks, or presentations (unless expressly incorporated);
- Roadmaps, projections, or forward-looking statements relating to the subject matter of these Terms.
16.3 No Other Representations or Agreements
a) Exclusive Terms:
You acknowledge and agree that there are NO other:
- Agreements, understandings, or arrangements between you and the Interface maintainers;
- Representations, warranties, or commitments made to you (express or implied);
- Promises, assurances, or guarantees beyond those explicitly stated in these Terms;
- Obligations, duties, or responsibilities owed to you except as set forth herein.
b) Integration of All Terms:
All terms, conditions, representations, warranties, and agreements between you and the Interface maintainers are fully integrated and embodied in these Terms. No terms exist outside of these Terms.
c) No Oral Modifications:
No oral or informal communications, discussions, or statements can:
- Create additional terms or obligations;
- Modify, amend, or supplement these Terms;
- Contradict or override the provisions herein;
- Create enforceable rights or duties.
16.4 Merger Clause
a) Complete Merger:
This Section 16 constitutes a merger clause (also known as an integration clause). It confirms that these Terms represent the final, complete, and integrated expression of the agreement between you and the Interface maintainers.
b) Parol Evidence Rule:
Consistent with the parol evidence rule, no evidence of prior or contemporaneous agreements, negotiations, or understandings (whether oral or written) may be introduced to:
- Contradict, vary, or supplement the terms of this agreement;
- Add terms not present in these Terms;
- Interpret ambiguous provisions contrary to their plain meaning;
- Establish different rights or obligations than those stated herein.
This applies to the fullest extent permitted by applicable law.
c) Exclusion of Extrinsic Evidence:
You agree that in any dispute, claim, or legal proceeding:
- Only these Terms (and documents expressly incorporated by reference) shall be considered;
- No extrinsic evidence, prior statements, or external documents shall be admissible to vary the Terms;
- The plain language of these Terms shall govern.
16.5 Modification and Amendment
a) Written Amendments Only:
These Terms may NOT be modified, amended, waived, or supplemented except by:
- A written amendment explicitly labeled as "Amendment to Terms of Service" or similar;
- Posted to the Interface at [URL] or the primary Interface domain;
- Or delivered to you via email or in-app notification with clear notice of changes.
b) Requirements for Valid Modification:
For a modification to be valid and binding, it must:
- Be in writing (electronic or physical);
- Clearly identify itself as an amendment to these Terms;
- Specify the effective date of the changes;
- Reference this Section 16.5 or otherwise indicate it modifies the Terms.
c) Invalidity of Informal Modifications:
The following do NOT constitute valid modifications:
- Oral statements or verbal agreements;
- Informal communications (emails, chats, social media posts) that do not meet the requirements of Section 16.5(b);
- Implied modifications through course of conduct;
- Unilateral statements or announcements not properly incorporated.
d) User Acceptance of Modifications:
When modifications are made:
- You will be notified (via Interface notice, email, or other reasonable means);
- Continued use of the Interface after the effective date constitutes acceptance of the modified Terms;
- If you do not agree to the modifications, you must cease using the Interface.
e) Material Changes:
For material changes that significantly affect your rights or obligations, the Interface maintainers may (but are not obligated to):
- Provide advance notice (e.g., 30 days before effective date);
- Require explicit acceptance (e.g., clicking "I Agree" to continue using the Interface);
- Allow an opt-out period.
However, failure to provide such enhanced notice does not invalidate properly posted modifications.
16.6 Waiver
a) No Waiver by Inaction:
The failure of the Interface maintainers to enforce any provision of these Terms, or to exercise any right or remedy, does NOT constitute:
- A waiver of that provision, right, or remedy;
- A waiver of the right to enforce the provision in the future;
- An amendment or modification of these Terms.
b) Express Waiver Required:
Any waiver of a provision of these Terms must be:
- In writing and signed by an authorized representative of the Interface maintainers;
- Explicitly labeled as a waiver;
- Limited to the specific instance and provision identified.
c) No Ongoing Waiver:
A waiver of any breach or default does NOT constitute:
- A waiver of any subsequent breach or default;
- A continuing waiver;
- A modification of the underlying obligation.
16.7 Severability
a) Severability of Invalid Provisions:
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator:
- The remaining provisions shall remain in full force and effect;
- The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable;
- If modification is not possible, the provision shall be severed and removed from these Terms.
b) Intent Preservation:
In the event of severance or modification:
- The intent and purpose of the invalid provision shall be preserved to the extent possible;
- The remaining Terms shall be interpreted to give effect to the original intent;
- The overall agreement shall remain enforceable and binding.
c) Fundamental Provisions:
However, if any of the following provisions are found to be invalid or unenforceable, and cannot be modified to be enforceable, then these Terms may be deemed void at the option of the Interface maintainers:
- Arbitration Agreement (Section 1);
- Limitation of Liability (Section 15.7);
- Indemnification (Section 15.8);
- Non-Reliance (Section 14);
- Disclaimer of Warranties (Section 11.4).
These provisions are considered fundamental and essential to the agreement, and the Interface would not be made available without them.
16.8 Interpretation
a) Headings:
Section headings and titles are for convenience only and do NOT:
- Limit or affect the meaning or interpretation of these Terms;
- Create substantive rights or obligations;
- Govern in the event of any conflict with the substantive provisions.
b) Defined Terms:
Capitalized terms used in these Terms have the meanings assigned to them where first defined or as otherwise specified.
c) Inclusive Language:
Unless the context clearly requires otherwise:
- "Including" means "including without limitation";
- "Or" is not exclusive (meaning "and/or");
- Singular includes plural and vice versa;
- References to "you" or "User" include individual users and entities.
d) No Contra Proferentem:
You acknowledge that:
- You have had the opportunity to review, negotiate, or seek clarification of these Terms;
- You have had the opportunity to consult with legal counsel;
- Any ambiguities shall NOT be construed against the Interface maintainers as the drafter.
The contra proferentem rule (interpreting ambiguities against the drafter) does NOT apply.
16.9 Assignment
a) No User Assignment:
You may NOT assign, transfer, delegate, or sublicense your rights or obligations under these Terms without the prior written consent of the Interface maintainers. Any attempted assignment in violation of this provision is void.
b) Interface Maintainers' Assignment:
The Interface maintainers may assign, transfer, or delegate their rights or obligations under these Terms:
- Without your consent;
- To any affiliate, successor, or acquirer;
- In connection with a merger, acquisition, reorganization, or sale of assets.
You consent to such assignment in advance.
c) Binding on Successors:
These Terms shall be binding upon and inure to the benefit of:
- You and your permitted successors and assigns (if any);
- The Interface maintainers and their successors and assigns.
16.10 Third-Party Beneficiaries
a) No Third-Party Rights:
Except as expressly provided in Section 15.8 (Indemnification) with respect to Released Parties, these Terms do NOT create any third-party beneficiary rights.
b) Only Parties May Enforce:
Only you and the Interface maintainers (and Released Parties with respect to indemnification) may enforce these Terms. No other person or entity has any right to enforce or rely upon these Terms.
16.11 Language and Translation
a) English Language Governs:
These Terms are drafted in English. If these Terms are translated into any other language, the English language version shall govern in the event of any conflict or ambiguity.
b) Translation Disclaimers:
Translations are provided for convenience only. The Interface maintainers:
- Do NOT guarantee the accuracy of translations;
- Are NOT bound by translated versions;
- May rely exclusively on the English version in disputes.
16.12 Electronic Agreement
a) Electronic Acceptance:
You acknowledge and agree that:
- Your use of the Interface constitutes acceptance of these Terms;
- Electronic acceptance is legally binding and enforceable;
- You waive any rights you may have to require a non-electronic signature or delivery.
b) Electronic Records:
You consent to:
- Receiving these Terms and all related notices electronically;
- Electronic storage and recordkeeping of these Terms;
- The use of electronic signatures and records in any disputes.
Electronic records shall have the same legal effect as physical documents.
16.13 Survival of Terms
The following provisions shall survive termination, expiration, or discontinuation of the Interface or your use thereof:
- Section 1 (Dispute Resolution; Arbitration Agreement);
- Section 10.10 (No Fiduciary Duties);
- Section 12.6 (Intellectual Property Rights);
- Section 13 (Privacy Policy) – to the extent of data retention obligations;
- Section 14 (Non-Reliance);
- Section 15 (Risks, Disclaimers, and Limitations of Liability);
- Section 16 (Entire Agreement);
- Any other provisions that by their nature should survive.
16.14 Force Majeure
The Interface maintainers shall NOT be liable for any failure or delay in performance due to events beyond their reasonable control, including but not limited to:
- Acts of God, natural disasters, pandemics, or epidemics;
- War, terrorism, riots, or civil unrest;
- Government actions, regulations, or sanctions;
- Blockchain network failures, forks, or attacks;
- Internet or telecommunications failures;
- Hacking, cyberattacks, or security breaches;
- Failures of third-party services or dependencies.
During any such force majeure event, the Interface maintainers' obligations shall be suspended to the extent affected.
16.15 Acknowledgment of Entire Agreement
By using the Interface, you acknowledge and confirm that:
- a) You have read and understood all provisions of these Terms, including this Section 16;
- b) You agree that these Terms constitute the entire agreement between you and the Interface maintainers;
- c) You acknowledge that no other agreements, representations, or understandings exist;
- d) You have had the opportunity to seek independent legal advice regarding these Terms;
- e) You voluntarily agree to be bound by these Terms in their entirety;
- f) You understand that these Terms supersede all prior communications, negotiations, and agreements;
- g) You waive any right to claim reliance on statements or agreements not contained in these Terms.
END OF TERMS OF SERVICE
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