1. Welcome to ErgoFinance.org(“we,” “us,” or “our”)the informational resource for ErgoFinance
Protocol, as defined below.
Effective Date: December 1st, 2022
ErgoFinance.org provides information and resources about the fundamentals of the decentralized
non-custodial liquidity protocol called the ErgoFinance Protocol (the ErgoFinance Protocol” or
“Protocol”).
ErgoFinance.org is not one of the available access points to the ErgoFinance Protocol.
ARBITRATION NOTICE: THESE TERMS
(“TERMS”) CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN
TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT ANY DISPUTES
RELATING
TO THE SERVICES (AS DEFINED BELOW) WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU
WAIVE
ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION.You are entering into a binding Agreement. BY ACCESSING OR USING OUR SERVICES, WHICH
INCLUDE OUR VARIOUS WEBSITES, INCLUDING, WITHOUT LIMITATION, ErgoFinance.org (AND ANY RESPECTIVE
SUBDOMAINS); APPLICATIONS (COLLECTIVELY WITH ANY MATERIALS AND SERVICES AVAILABLE THEREIN, AND
SUCCESSOR WEBSITE(S) OR APPLICATION(S) THERETO, THE “SITE”), AND OTHER SERVICES THAT LINK TO
THESE
TERMS, AS WELL AS ANY INFORMATION, TEXT, LINKS, GRAPHICS, PHOTOS, AUDIO, VIDEO, OR OTHER
MATERIALS
STORED, RETRIEVED OR APPEARING THEREON, WHETHER ACCESSED THROUGH THE SITE OR OTHERWISE
(COLLECTIVELY, THE “SERVICES”), YOU ARE ENTERING INTO A BINDING AGREEMENT WITH US THAT INCLUDES
THESE TERMS, ErgoFinance.org - PRIVACY POLICY (FOUND HERE), AND OTHER POLICIES REFERENCED HEREIN
(COLLECTIVELY, THE “AGREEMENT”)
To the extent that there is a
conflict
between these Terms and any applicable additional terms,
these Terms will control unless expressly stated otherwise. If you don't agree with these
Terms, you
may not use the Services and should not visit the Site or otherwise engage with the Services.
2. Use of the Services
To use the Services, you must
legally be
able to enter into the Agreement. By using the Services,
you represent and warrant that you meet the eligibility requirement. If you do not meet the
requirement, you must not access or use the Site or the Services.
As a condition to accessing or
using
the Site or Interface, you represent and warrant to ErgoFinance.org the following:
-
2.1. If you are an individual person, then you are of legal age in the
jurisdiction in which you reside, and you have the legal capacity to enter
into these Terms and be bound by them;
-
2.2. If you are an entity, then you must have the legal authority to accept
these Terms on that entity's behalf, in which case "you" (except as used in
this paragraph) will mean that entity;
-
2.3. You are not a U.S. Person;
-
2.4. You are not a resident, national, or agent of any country to which the
United States, the United Kingdom, or the European Union embargoes
goods or imposes similar sanctions (collectively, "Restricted Territories");
-
2.5. You are not subject to economic or trade sanctions administered or
enforced by any governmental authority; or otherwise, you are not a
member of any sanctions list or equivalent maintained by the United
States government, the United Kingdom government, the European
Union, or the United Nations, including without limitation the U.S. Office of
Foreign Asset Control Specifically Designated Nationals and Blocked
Person List (collectively, "Sanctions Lists Persons");
-
2.6. You do intend to transact with any Restricted Person or Sanctions List
Person;
-
2.7. You do not, and will not, use VPN software or
any other privacy or anonymization tools or techniques,
or other means, to circumvent, or attempt to circumvent, any restrictions that apply;
and
-
2.8. Your access is not (a) prohibited by and does not otherwise violate or
assist you in violating any domestic or foreign law, rule, statute, regulation,
by-law, order, protocol, code, decree, letter, or another directive,
requirement, guidance, or guideline, published or in force that applies to or
is otherwise intended to govern or regulate any person, property,
transaction, activity, event or other matter, including any rule, letter, order,
judgment, directive or other requirements, guidance, or guideline issued
by any domestic or foreign federal, provincial or state, municipal, local or
other governmental, regulatory, judicial or administrative authority having
jurisdiction over ErgoFinance.org or you as otherwise duly enacted,
enforceable by law, the common law or equity (collectively, "Applicable
Laws"); or (b) contribute to or facilitate any illegal activity.
We may update the Services and
the
Terms.
We may update the Services, the
Agreement, and any part of the Terms at any time, for any reason, at
our sole discretion. Once any part of the Agreement is updated and in effect, you will be bound
by
the Terms if you continue to use the Services, including by accessing the Site. We may, at any
time,
and without liability to you, modify or discontinue all or part of the Services (including
access to
the Services via any third-party links). You may contact us with questions about your use of the
Services at contact@ergofinance.org. When you communicate with us electronically, you consent to
receive communications from us electronically. You should review the Terms from time to time to
ensure that you understand the terms and conditions that apply to you when you access or use the
Site.
ErgoFinance.org is provided as an
informational resource.
ErgoFinance.org provides resources
about the fundamentals of the
ErgoFinance Protocol, which is a fully decentralized, community governed
protocol deployed on multiple blockchain networks and systems, and
provides information about the wider ErgoFinance ecosystem, governance,
community, and various interfaces and integrations to the ErgoFinance
Protocol. All information provided in connection with your access and use
of the Site and the Services is for informational purposes only. You should
not take, or refrain from taking, any action based on any information
contained on the Site or any other information that we make available at
any time, including blog posts, data, articles, links to third-party content,
discord content, news feeds, tutorials, tweets, and videos. Before you make
any financial, legal, technical, or other decisions involving the Services, you
should seek independent professional advice from a licensed and qualified
individual in the area for which such advice would be appropriate. The
Services provide, or third parties may provide, links to other sites,
applications, or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites, applications or
resources, and do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that we will not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods, or services available on or through any such site or
resource. Because the Site provides information about the ErgoFinance
Protocol, these Terms also provide some information about the use of the
Protocol. This information is not intended to be comprehensive or address
all aspects of the Protocol. There is additional documentation on the Site
about the functioning of the Protocol or its ecosystem or community.
We are software developers in the
ErgoFinance Protocol ecosystem.
It is important to understand that
neither we nor any affiliated entity is a party to any
transaction on
the blockchain networks underlying the ErgoFinance Protocol; we do not have possession, custody
or
control
over any cryptoassets appearing on the Services; and we do not have possession, custody, or
control
over
any user’s funds. Further, we do not store, send, or receive any cryptoassets. You understand
that
when
you interact with any ErgoFinance Protocol smart contracts, you retain control over your
cryptoassets
at
all times. The private key associated with the wallet address from which you transfer
cryptoassets
or
the private key associated is the only private key that can control the cryptoassets you
transfer
into
the smart contracts. You alone are responsible for securing your private keys. We do not have
access
to
your private keys. Due to the non-custodial and decentralized nature of the technology, we are
not
intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or
obligation to you regarding any other decisions or activities that you affect when using our
Services.
You acknowledge that we, for the avoidance of doubt, do not have any information regarding any
users,
users’ identities, or services beyond what is available or obtainable publicly via the
blockchain.
We
are not responsible for any activities you engage in when using Services, and you should
understand
the
risks associated with cryptoassets, blockchain technology generally, and our Services.
The ErgoFinance Protocol is
deployed on multiple blockchain-based networks, and we are not responsible
for
the operation of such networks.
The software underlying blockchain
networks on which the ErgoFinance Protocol is deployed, including,
for
example, the Ethereum blockchain, is open source, which means that anyone can use, utilize, and
build on
top of it. By using the Services, you acknowledge and agree (i) that we are not responsible for
the
operation of the blockchain-based software and networks underlying the ErgoFinance Protocol,
(ii) that
there exists no guarantee of the functionality, security, or availability of that software and
networks,
and (iii) that the underlying blockchain-based networks are subject to sudden changes in
operating
rules, such as those commonly referred to as “forks”.
Transactions on the blockchain
are not anonymous.
A widespread belief is that
transactions involving blockchains are anonymous. In fact, a central
feature
of blockchains and thus, blockchain-based transactions, are that they are transparent. Your
public
key
and your wallet address, which you need to buy or sell items on the blockchain, are visible to
anyone.
To the extent your public key or wallet address can be linked back to you, it would be possible
for
someone to determine your identity and the cryptoassets you own.
There may be associated
blockchain fees.
All transactions using blockchains
require the payment of gas fees, which are essentially transaction
fees paid on every transaction that occurs on the selected blockchain network. Please note that
gas
fees
are non-refundable. We do not provide any services to users or deliver, hold, and/or receive
payment
for
cryptoassets. We do not receive any fees for any transactions, the Services, or the Site.
ErgoFinance Ecosystem and
Community contributors are independent.
All community contributors to the
ecosystem around the ErgoFinance Protocol are independent of us, and
we
will not have and do not assume any liability or responsibility for their actions or omissions.
3.Assumption of Risk
You assume the risks of engaging in
transactions that rely on smart contracts and other experimental
technology.
Transactions on the ErgoFinance
Protocol rely on smart contracts stored on various blockchains,
cryptographic tokens generated by the smart contracts, and other nascent software, applications
and
systems that interact with blockchain-based networks. These technologies are experimental,
speculative,
inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or
changes
to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a
total
loss of cryptoassets, their market value, or digital funds. You are solely responsible for the
safekeeping of the private key associated with the blockchain address used to interact with the
Protocol. We assume no liability or responsibility for any such risks. If you are not
comfortable
assuming these risks, you should not access or engage in transactions using blockchain-based
technology.
One of the other defining features
of blockchain technology is that its entries are immutable, which
means, as a technical matter, they generally cannot be deleted or modified by anyone. This
includes
smart contracts and cryptoassets generated and programmed by smart contracts. THUS, TRANSACTIONS
RECORDED ON THE BLOCKCHAIN, INCLUDING TRANSFERS OF CRYPTOASSETS AND DATA PROGRAMMED INTO THESE
ASSETS
(SUCH AS REVENUE AND INTEREST ALLOCATIONS), MUST BE TREATED AS PERMANENT AND CANNOT BE UNDONE BY
US
OR
BY ANYONE. YOU MUST BE VERY CAREFUL WHEN YOU FINALIZE ANY TRANSACTION THAT WILL BE RECORDED ON
THE
BLOCKCHAIN.
We are not liable for any
third-party services or links.
We are not responsible for the
content or services of any third-party, including, without
limitation,
any network, or apps like Discord, or MetaMask, and we make no representations regarding the
content
or
accuracy of any third-party services or materials. The user interface available at
app.ergofinance.org
is hosted on a third-party service -- IPFS -- and can only be accessed through this third
party's
website. We are not responsible for any action or omission taken by IPFS as it pertains to the
user
interface or otherwise. The use and access of any third-party products or services, including
through
the Services, is at your own risk.
You agree to the automated
collection and disbursement of proceeds by smart contracts.You
acknowledge
and agree that all transactions accessed through the Services will be automatically processed
using
one
or more blockchain-based smart contracts. By engaging in transactions using the Services, you
acknowledge and consent to the automatic processing of all transactions in connection with using
the
Services. You further acknowledge and agree that the applicable smart contract will dictate how
the
funds of a transaction and ownership of cryptoassets are distributed.
You acknowledge the risks of using
the Services.You bear sole responsibility for evaluating the
Services
before using them, and all transactions accessed through the Services are irreversible, final,
and
without refunds. The Services may be disabled, disrupted or adversely impacted as a result of
sophisticated cyber-attacks, surges in activity, computer viruses, and/or other operational or
technical
challenges, among other things. We disclaim any ongoing obligation to notify you of all of the
potential
risks of using and accessing our Services. You agree to (defined below) accept these risks and
agree
that you will not seek to hold any ErgoFinance.org Party responsible for any
consequent
losses.
You are solely responsible for the
security of your wallet.You understand and agree that you are
solely
responsible for maintaining the security of your wallet. Any unauthorized access to your wallet
by
third
parties could result in the loss or theft of any cryptoasset, or any funds held in your account
and
any
associated accounts. You understand and agree that we have no involvement in, and you will not
hold
us
responsible for managing and maintaining the security of your wallet. You further understand and
agree
that we are not responsible, and you will not hold us accountable, for any unauthorized access
to
your
wallet. It is your responsibility to monitor your wallet.
We reserve the right to restrict
your access from engaging with the Services.You agree that we have
the
right to restrict your access to the Services via any technically available methods if we
suspect,
in
our sole discretion, that (a) you are using the Services for money laundering or any illegal
activity;
(b) you have engaged in fraudulent activity; (c) you have acquired cryptoassets using
inappropriate
methods, including the use of stolen funds to purchase such assets; (d) you are the target of
any
sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign
Assets
Control (“OFAC”), the United Nations Security Council, the European Union, Her Majesty’s
Treasury,
or
any other legal or regulatory authority in any applicable jurisdiction; (e) either you, as an
individual
or an entity, or your wallet address is listed on the Specially Designated Nationals and Blocked
Persons
List (“SDN List”), Consolidated Sanctions List (“Non-SDN Lists), or any other sanctions lists
administered by OFAC; (f) you are located, organized, or resident in a country or territory
including but not limited to Côte d’Ivoire, Cuba, the USA,
Belarus, Iran, Iraq, Liberia, North Korea, Sudan, and Syria; or (g) you have otherwise
acted in
violation of these Terms. If we have a reasonable suspicion that you are utilizing the Site for
illegal
purposes, we reserve the right to take whatever action we deem appropriate.
We do not guarantee the quality or
accessibility of the Services.
As a condition to accessing or
using the Services or the Site, you acknowledge, understand, and
agree
that from time to time, the Site and the Services may be inaccessible or inoperable for any
reason,
including, but not limited to equipment malfunctions, periodic maintenance procedures or
repairs,
causes
beyond our control or that we could not reasonably foresee, disruptions and temporary or
permanent
unavailability of underlying blockchain infrastructure or unavailability of third-party service
providers or external partners for any reason.
You acknowledge and agree that you
will access and use the Services, including, without limitation,
the
Site at your own risk. You should not engage in blockchain-based transactions unless it is
suitable
given your circumstances and financial resources. By using the Services, you represent that you
have
been, are and will be solely responsible for conducting your own due diligence into the risks of
a
transaction and the underlying smart contracts and cryptoassets.
4. Taxes
You are responsible for your taxes and duties. Users bear sole responsibility for paying any and all
taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority
associated with their use of the Services, and/or payable as the result of using and/or exploiting
any
cryptoassets and interacting with smart contracts. Blockchain-based transactions are novel, and
their
tax treatment is uncertain.
5. The Services
We grant you a license to use our Services. Contingent upon your ongoing compliance with the
Agreement,
we grant you a personal, worldwide, revocable, non-exclusive and non-assignable license to use the
software provided to you as part of our Services. The only purpose of this license is to allow you
to
use and enjoy the Services solely as permitted by these Terms.
We own all rights in the Services. We own any and all right, title, and interest in and to the
Services
including, without limitation, any and all copyrights in and to any content, code, data, or other
materials that you may access or use on or through the Services; however, the code for the ErgoFinance
Protocol
and the front-end interface (app.ergofinance.org) deployed on IPFS is open-sourced. Except as
expressly set
forth herein, your use of or access to the Services does not grant you any ownership or other rights
therein.
We may use and share your feedback. Any comments, bug reports, ideas, or other feedback that you may
provide about our Services, including suggestions about how we might improve our Services, are
entirely
voluntary. You agree that we are free to use or not use any feedback that we receive from you as we
see
fit, including copying and sharing such feedback with third parties, without any obligation to you.
6. Prohibited Content