TERMS AND CONDITIONS
Our Website is a website hosted user-interface (hereinafter referred to as “the interface)”. The Users of the Website shall be referred to as “You,” “Your,” or “Users.” The interface provides access to a decentralized protocol on the Ethereum and Binance blockchain that allows users to trade certain digital assets (“the ARYZE protocol” or the “Protocol”). The Interface is one, but not the exclusive, means of accessing the Protocol. (ARYZE is referred to by name or “The company.”)
By clicking on the “Accept” button at the end of the Agreement acceptance form, Users agree to be bound by the Terms and Conditions of this Agreement. Please read this entire Agreement carefully before accepting its Terms, as it contains legally binding terms and conditions between you and the Operator of the website (the Company) that govern your use of the website located at https://defi.aryze.io/, the ARYZE Smart Contracts (including related trademarks, and other intellectual property (together, the “ARYZE Services”) whether such use is via the Website or, command line, locally installed programs, Software Development Kits, software code and blockchain and smart contract explorers (collectively “Direct Access”).
Eligibility of the User
Our Website may, in its sole discretion, refuse to offer access to or use of the Platform to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
You warrant that you are legally permitted to use the ARYZE Protocol in within the jurisdiction from which you are using the ARYZE Protocol and that you are responsible for ensuring compliance with the laws of said jurisdiction. You acknowledge that ARYZE in under no circumstances are liable for your compliance or non-compliance with any such laws.
You acknowledge that you as a user are not directly or indirectly engaged in any of the following activities when using the ARYZE Protocol:
A violation of any law, rule or regulation governed by any jurisdiction applicable to the user
Violations or breaches of these Terms
Permitting anyone but the actual owner of the chosen wallet to use the ARYZE Protocol through your wallet
Perform or attempt to perform any actions that would interfere with or is able to interfere with the regular operation and functioning of the ARYZE Protocol
Engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulative transaction activity in any digital asset using the ARYZE Protocol, including by engaging or participating in “frontrunning”, “wash trading”, “pump and dump schemes”, or similar activities;
Intellectual Property Rights
The Company’s Website and other Platforms, and the information and materials that it contains, are the property of the Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All the Company’s product names and logos are trademarks or registered trademarks. Nothing contained on the Company’s Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s Website or any materials displayed on the Company’s Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written consent of the Company. The User shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the Interface; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Interface; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
When you use the Interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens that you swap. We do not collect any personal information from you (e.g., your name or other identifiers that can be linked to you). We do, however, use third-party service providers, like Infura, Cloudflare, and Google Analytics, which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information.
Please note that when you use the Interface, you are interacting with (including, but not limited to) Ethereum and Binance blockchain, which provides transparency into your transactions. The company does not control and is not responsible for any information you make public on the blockchain(s) by taking actions through the Interface.
Not Registered with any legal entity or any other agency
We are not registered with any legal entity such as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf, nor do we collect or earn fees from your trades on the Protocol. We also do not facilitate the execution or settlement of your trades, which occur entirely on the public distributed blockchain(s).
Non-Solicitation; No Investment Advice
You agree and understand that all trades you submit through the Interface are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades, including those you place via our Auto Router API, and that we do not conduct a suitability review of any trades you submit.
All information provided by the Interface is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
Information in these terms and in relation to the use of the Protocol are provided “as is”
without any kind of warranty, either expressed or implied, including, without limitation,
warranties of merchantability, fitness for a particular purpose, and non-infringement.
ARYZE specifically, does not make any warranties or representations as to the accuracy
or completeness of any such materials.
Assumption of Risk
By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), ARYZE eEUR, ARYZE eUSD, ARYZE eGBP, ARYZE RYZE and other digital tokens such as those following the Ethereum Token Standard (ERC-20) and Binance Token Standard (BEP-20) and any future tokens standards supported by the interface. In particular, you understand that blockchain-based transactions are irreversible.
You further understand that the markets for these digital assets are highly volatile due to factors including, but not limited to, adaptation, speculation, technology, security and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol through the Interface, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further 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. 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.
Limitation of Liability
It is expressly agreed by the User that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the User or any other Party whomsoever, arising on account of any transaction under this Agreement.
The User agrees and acknowledges that it shall be solely liable for any claims, damages, or allegations arising out of the Services through the Platform and shall hold the Company harmless and indemnified against all such claims and damages. Further, the Company shall not be liable for any claims or damages arising out of any negligence, misconduct, or misrepresentation by the User or any of its representatives.
The Company under no circumstances shall be liable to the User for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the User has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss of business, unless such loss or damages is proven by the User to have been deliberately caused by the Company.
The Operator, the Developer and their respective affiliates will not be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of your use of the ARYZE Smart contracts. ARYZE Protocols or ARYZE Services, even if the Operator and/or the Developer has been advised of the possibility of such damages. Access to, and use of, the ARYZE Protocols and Interface is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data, or loss of fund resulting therefrom.
It is the user’s responsibility to determine the tax implications and tax reporting requirements of any transactions you engage in through the ARYZE Reforge Services, and to pay any applicable taxes in each jurisdiction. ARYZE is not responsible for determining whether there are tax implications for any transactions involving the ARYZE Protocol and Interface, for reporting any such transactions, or for paying any applicable taxes.
Governing Law and Dispute Resolution
This Agreement shall be construed and enforced in accordance with the laws of the British Virgin Islands without regard to the Company or the Website of its conflict of law provisions or the User’s state or country of residence.
The User submits to the exclusive jurisdiction of the courts of the British Virgin Islands for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
If there is a dispute between the User and other Users, the User understands and agrees that the Company is under no obligation with respect thereto, and the User, to the fullest extent permitted by law, hereby releases the Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.