Terms of Use: Interface
IMPORTANT NOTICE:
EVEDEX, INCLUDING THE INTERFACE, IS CURRENTLY RUNNING IN BETA TESTING MODE.
THIS MEANS THAT:
1) GLITCHES, BUGS AND ERRORS MIGHT OCCUR,
2) THERE MIGHT NOT BE ENOUGH LIQUIDITY FOR LARGER TRADES,
3) SPREADS MAY FLUCTUATE,
4) SUDDEN PLATFORM MAINTENANCE OR DOWNTIME MIGHT OCCUR, AS WELL AS OTHER SHORT-TERM ISSUES.
WE ARE ACTIVELY DEVELOPING AND IMPROVING THE PLATFORM, BUT DURING THIS BETA PHASE, USERS SHOULD EXPECT INSTABILITY AND USE THE INTERFACE AT THEIR OWN RISK, INCLUDING THE LOSS OF FUNDS. BY CONTINUING TO USE EVEDEX YOU UNDERSTAND AND ACCEPT THE RISKS OUTLINED ABOVE.
WE ARE NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR COMMODITY FUTURES EXCHANGE COMMISSION IN ANY CAPACITY. THE SERVICES WERE NOT DEVELOPED FOR, AND ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES OF AMERICA
YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT BROKER TRADING ORDERS ON YOUR BEHALF. WE ALSO DO NOT FACILITATE THE EXECUTION OR SETTLEMENT OF YOUR TRADES, WHICH OCCUR ENTIRELY ON PUBLIC DISTRIBUTED BLOCKCHAINS.
1. General
1.1. These Terms of Use: Interface (“Terms”) explain the terms and conditions by which you may access and use the web-interface accessible at exchange.evedex.com and the mobile app (the “Interface”).
1.2. The Interface is made available by EVEDEX Ltd. (“Company”, “we”, “us” or “our”).
1.3. Please read these Terms carefully, as these Terms govern your use of the Interface. By accessing and using the Interface, you accept and agree to be bound by and to comply with these Terms. If you do not agree to these Terms, then you must not access or use the Interface.
2. The Interface
2.1. The Interface provides a web or mobile-based means of access to a decentralized protocol deployed on public blockchain (the "Protocol").
2.2. The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol.
2.3. Company does not own, control or operate the Protocol on any blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools or control trade execution. We only provide you with access to the Interface and neither have control over your interactions with the Protocol or blockchain nor encourage you to perform any.
2.4. Any interaction performed by you via the Interface remains your sole responsibility and risk. We expressly disclaim any liability for losses or damages arising from or related to any interaction with, or actions taken through, the Interface.
2.5. We do not impose any fees for using the Interface. But fees may be incurred by the Protocol for respective transactions. You acknowledge and agree that you are solely responsible for paying all such fees, and that the Company is not responsible for that fees.
2.6. To access the Interface, you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service.
2.7. When using the Interface, you may access third party services, sites, technology, content and resources (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions or other agreements with such third party. You will be responsible for all actions associated with your use of any Third-Party Services. Evedex 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 Third-Party Services.
2.8. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
3. Eligibility
3.1. The Interface is provided only to eligible users, who:
3.1.1. are of legal age in their jurisdiction;
3.1.2. have the full right, power, and authority to enter into and comply with the Terms;
3.1.3. do not reside in, located in, incorporated in or have a registered office in the USA;
3.1.4. are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties
3.1.5. are not a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions;
3.1.6. have the right to access and use the Interface under laws and regulations in their jurisdiction, including, but not limited laws relating to crypto and derivative trading.
3.2. By accessing and using the Interface, you expressly represent and warrant that you are an eligible user and will remain so during your use of the Interface.
3.3. We reserve the right to limit the availability of our Interface to any person, geographic area, or jurisdiction, at any time, for any reason and at our sole and absolute discretion.
4. Your Responsibilities
4.1. By accessing and using the Interface, you represent that:
4.1.1. you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, derivative trading and crypto in general and that you have a working knowledge of the usage and intricacies of digital assets;
4.1.2. you understand that the markets for digital assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation;
4.1.3. all digital assets you use are legally obtained and under your sole control;
4.1.4. you understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects;
4.1.5. you understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed, that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time;
4.1.6. if you act as a liquidity provider to the Protocol, you understand that your digital assets may lose some or all of their value while they are supplied to through the Interface due to the fluctuation of prices of tokens in a trading pair or liquidity pool;
4.1.7. you understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge;
4.1.8. you understand that withdrawals depend on blockchain confirmation, which is beyond our control and you accept delays caused by network conditions;
4.1.9. you understand that each transaction incurs a fee, which may be substantial for micro-trading, that minimum position limits apply, preventing trades below set thresholds;
4.1.10. you are solely responsible for safeguarding wallet seed phrases and account credentials;
4.1.11. you understand that we do not guarantee profits or prevent manipulative strategies by copy traders, and you are fully responsible for the chosen trading strategy;
4.1.12. you understand that your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Company to allow you the access to the Interface; and
4.1.13. you understand that cryptography is a progressing field with advances in code cracking or other technical advancements, which may present risks to digital assets and the services, and could result in the theft or loss of your digital assets.
4.2. You acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface.
4.3. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Protocol, including, without limitation:
4.3.1. failures or inaccuracies in cross-chain bridges, oracles, or liquidity pools;
4.3.2. code vulnerabilities, including potential hacks or exploits;
4.3.3. significant slippage or other market risks arising from perpetual futures trading;
4.3.4. the risks of trading with leverage, which may lead to immediate and significant losses, including the liquidation of your positions; and
4.3.5. potential regulatory or legal issues affecting blockchain transactions or their enforceability.
4.4. Without limiting the foregoing, you specifically understand and hereby represent your acknowledgement of the following:
4.4.1. the pricing data provided through the Interface does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Interface;
4.4.2. the Interface does not act as an agent for any of the users;
4.4.3. the Interface does not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation;
4.4.4. although it is intended to provide accurate and timely information on the Interface, the Interface may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Interface or relevant tools are your sole responsibility.
4.5. By using the Interface, you expressly waive and release the Company from any and all liability, claims, causes of action or damages arising from or in any way relating to your use of the Interface, your interaction with the Protocol through the Interface, including in respect of any trading losses, liquidation events, or other financial impact; any reliance on market data, token values, or information displayed on the Interface, which may be inaccurate or delayed; any regulatory, tax, or legal consequences arising from your use of the Interface.
5. Prohibited Activity
5.1. You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
5.1.1. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law;
5.1.2. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks;
5.1.3. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
5.1.4. Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading;
5.1.5. Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States;
5.1.6. Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items, including money laundering activities;
5.1.7. Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our services;
5.1.8. Unlawful actions. Activity that violates any applicable law, rule, or regulation in any relevant jurisdiction, including, but not limited to, anti-money laundering and anti-terrorist financing laws, regulations related to the restrictions and sanctions;
5.1.9. Breach of the Terms;
5.1.10. Circumvention of any content-filtering techniques, security measures or access controls relating to the Interface, including through the use of a VPN;
5.1.11. Use of any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Interface, to extract data, or to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Interface;
5.1.12. Activity that employs bots, scripts, or other automated methods of interaction with the Interface which disrupt the normal functioning of the Protocol or related systems;
5.1.13. Activities aimed at exploitation of vulnerabilities in the trading, leveraging or liquidation mechanisms of the Protocol;
5.1.14. Providing false, inaccurate, or misleading information while using the Interface;
5.1.15. Use or access the Interface to transmit digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
5.1.16. Use the Interface from a jurisdiction (including an IP address in a jurisdiction) that we have, in our sole discretion, determined is a jurisdiction where the use of the Interface is prohibited, including through the VPN; and
5.1.17. Attempt to engage, or procure third parties to engage, in any of the activities prohibited under this section or any other provision of these Terms.
5.2. If you are engaged in any prohibited activity, we may immediately restrict your access to the Interface and you agree to indemnify and hold harmless the Company and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to such prohibited activity.
6. Non-Custodial; No Fiduciary Duties; No Financial Advice
6.1. The Interface is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our services will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
6.2. These Terms are not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
6.3. Any information provided by the Interface is for informational purposes only and should not be construed as professional, technical, operational, investment, financial, legal or other advice.
6.4. Any information available through the Interface may be incomplete, outdated, or inaccurate. You are solely responsible for verifying the accuracy and relevance of such information before making any decisions or taking any action. Before you make any professional, technical, operational, investment, financial, legal or other decisions involving the Interface, you should seek independent professional advice from the appropriate third-party.
7. Tax Obligations
7.1. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.
7.2. We make no representations regarding your tax obligations and strongly recommends consulting with a qualified tax advisor to ensure compliance with all applicable laws.
8. No Warranties
8.1. The Interface is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including, but not limited to, the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in Interface will be accurate, reliable, complete, or current; or that Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
8.2. We make no warranties or representations, express or implied, about linked third party services, the third parties they are owned and operated by, the information contained on them, assets available through them, or the suitability, privacy, or security of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of third-party services, third-party websites, applications, or resources. We shall not be liable under any circumstances for damages arising out of or in any way related to software, products, services, and/or information offered or provided by third-parties and accessed through the Interface
9. Limitation of Liability
9.1. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of or inability to access or use the Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it, whether such damages are based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Interface, even if an authorized representative of the Company has been advised of or knew or should have known of the possibility of such damages. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function of the Interface; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and (g) the defamatory, offensive, or illegal conduct of any third party.
9.2. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Interface.
9.3. If applicable law does not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred USD dollars ($200.00) or its equivalent in the local currency of the applicable jurisdiction.
9.4. The foregoing disclaimer will not apply to the extent prohibited by law.
9.5. The Company is not responsible for any problems or technical malfunction of any telephone, internet or blockchain network or lines, online systems, servers, providers, computer equipment, software, or messaging platform, or as a result of technical problems or traffic congestion on the internet, any website, or any application, or any combination thereof, including, without limitation, any resulting error in computing qualifying actions or any unavailability of Interface features, or any injury or damage to any participant’s or any other person’s computer or mobile device related to or resulting from participation in features available through the Interface. If, for any reason, the Interface is not capable of running as planned, including due to errors of any kind or nature, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Interface features, the Company reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Interface features or otherwise respond to the circumstances as the Company deems appropriate.
10.Indemnification
10.1. You agree to hold harmless, release, defend, and indemnify us, our affiliates, our and our affiliates' respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "Indemnified Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to:
10.1.1. your access and use of the Interface;
10.1.2. your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation;
10.1.3. any other party's access and use of the Interface with your assistance or using any device or account that you own or control;
10.1.4. any dispute between you and any other user of the Interface; and
10.1.5. any dispute between you and any of your own customers or users.
10.2. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any Indemnified Party without our written consent.
11.Modifications
11.1. Modifications of these Terms: we reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any material modifications, we will notify you by updating the date at the top of these Terms and by maintaining a current version of these Terms. All modifications will be effective when they are posted, and your continued accessing or using any of the services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms you must immediately stop accessing and using the Interface.
11.2. Modifications of the Interface: we reserve the right to review, modify, update, disable, delete and remove the Interface or any part of it without prior notification. The Company shall not be liable for modifications, suspensions, or discontinuance of the Interface or any features made available through the Interface.
12.Our Rights
12.1. We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose certain information.
12.2. We may introduce verification process, if this is required by applicable laws and regulations in respective jurisdiction.
13.Governing Law
13.1. You agree that the English laws, without regard to principles of conflict of laws, govern these Terms and any dispute between you and us.
14.Dispute Resolution
14.1. We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. If we are not able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the arbitration clause herein.
14.2. Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
14.3. You understand that you are required to resolve all disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to LCIA rules. The arbitration will be held in London, unless you and we both agree to hold it elsewhere.
14.4. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party.
14.5. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a court of England located in London.
15.Assignment
15.1. You may not assign or transfer agreement between us, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer the agreement without our prior written consent shall be null and void. We may freely assign or transfer these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
16.Notice
16.1. We may provide any notice to you under these Terms using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
17.Severability
17.1. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
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