Last Modified: April 11th, 2023
IMMUNI SOFTWARE PTE. LTD. HAS DEVELOPED AND IS DEVELOPING A NOVEL SUITE OF EXPERIMENTAL BLOCKCHAIN-ORIENTED FUNCTIONALITIES. USING THESE FUNCTIONALITIES (INCLUDING VIA THE INTERFACE ON OUR WEBSITE) POSES SIGNIFICANT RISKS TO YOU AND YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THE WEBSITE OR OUR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE OUR WEBSITE OR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE LAW.
The Website is offered and available to users who are eighteen (18) years of age or older. By using this Website, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with the Company in the User’s applicable jurisdiction or eighteen (18) years of age, and meets all of the foregoing eligibility requirements. Further, by using this Website, the User represents and warrants that the User is not a citizen or resident of, nor is located in, any country against which the United States has sanctioned or embargoed or where the use of the Website is otherwise illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on the Company, the Website, the Interface, the Platform (as defined herein), or on the User (or any combination of the foregoing) by an authority with valid and enforceable jurisdiction (“Applicable Laws”). If you do not meet all of these requirements, you must not access or use the Website.
2. The Services; the Platform; Blockchain Fees.
The Website’s services (the “Services”) include without limitation providing methods and information to enable those who access the Website (“Participants”) to access to or participate in our bug bounty marketplace and/or our decentralized, autonomous bug bounty vault mechanism powered by blockchain-enforced smart contracts (the “Platform”), as developed by the Company. Certain Services provided by Immunefi may require the User to enter into a written Statement of Work (“SOW”) signed by the User and Immunefi. Any such SOW shall be incorporated into these Terms by reference.
Notwithstanding anything to the contrary, Immunefi shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning data input by Users and data derived therefrom), and Immunefi will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Immunefi offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
The Platform is intended to be used as follows:
Certain Users involved in the development of a blockchain-based decentralized finance (“DeFi”) protocol or blockchain network (“Dev Teams”) may use the Platform to deposit digital assets into the Platform’s smart contracts, where they are stored as an incentive for cybersecurity researchers (“Whitehat(s)”) to complete certain cybersecurity-related tasks (“Bug Bounties”), as specified by the Dev Team. Upon the Dev Team’s determination that such tasks associated with a particular Bug Bounty are completed by the Whitehat to the Dev Team’s satisfaction and in compliance with the Immunefi Rules, the Dev Team will execute a cryptographic command on the relevant blockchain underlying the Platform that instructs the Platform’s smart contracts to autonomously transfer the digital assets stored in the Platform to the Whitehat’s digital asset wallet in a disintermediated fashion. The Platform is intended to be provided and operate in a decentralized manner, meaning that the Company has no ability to control, modify, prevent, stop, amend, or adjust interactions or transactions after they are submitted to the Platform, whether or not through the Interface. The Platform is designed to be non-custodial, meaning that at no point will the Company or its affiliates ever take custody of any digital assets deposited into the Platform by Users, nor can the Company control any digital assets deposited into the Platform.
Certain features of the Platform may be accessed either through the Interface or through other third-party software not developed or provided by the Company. For example, Users may opt to use the Platform’s vaults for Bug Bounties, or may instead use a Gnosis Safe, a multisignature digital asset vault provided by Gnosis, a third party software provider wholly unaffiliated with the Company. The User understands and acknowledges that the Company does not control or operate any such third-party software integrations, and agrees that we are not responsible for any losses caused by a User’s use of third-party software integrations, cannot guarantee the safe or accurate functioning of the Services when accessed through third-party software integrations, and shall not be held liable for any resulting harms, damages, or losses incurred by or against the User experiences while accessing or using any third-party software integrations in connection with the User’s use of the Platform or the Services.
Through the Interface, Users may opt to deploy their digital assets into other blockchain-based protocols to earn yield (e.g., yearn.finance, Aave, Compound, MakerDAO, etc.) (“Yield Farms”) while the Users’ digital assets remain in the Platform. The Company has no ability to control, modify, prevent, stop, amend, or adjust interactions or transactions after the User elects to route digital assets to Yield Farms, nor does the Company have any ability to ensure the security of any Yield Farms which Users may decide to use. Yield Farms are composed of sophisticated blockchain software which require a thorough understanding of blockchain technology, digital assets, cybersecurity and other related technologies. Further, the Platform is permissionless, meaning that anyone with the requisite familiarity with blockchain technology and the digital assets needed to transact on public blockchain networks may access the Platform, and the Interface is not the only method that individuals or parties may interact with, contribute to, access, or otherwise affect the Platform. Thus, the Services (including the Website and the Interface) are distinct from the Platform, and any of the Platform’s products or offerings should not be viewed as products or offerings provided by the Company or the Website.
You are expected to be familiar with the Platform and the risks it represents (including without limitation the possibility of your digital assets being forfeited according to the Platform’s rules or being lost for any other reason) before accessing it (whether accessed via the Interface or otherwise). Likewise, should you opt into Yield Farms through the Interface, you are expected to be familiar with Yield Farms and the risks they represent (including without limitation the possibility of your digital assets being forfeited according to the Platform’s rules or being lost for any other reason) before accessing it (whether accessed via the Interface or otherwise). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR INTERACTION WITH THE PLATFORM AND/OR YIELD FARMS IS AT YOUR OWN RISK AND THE COMPANY WAIVES ALL LIABILITY OR RESPONSIBILITY, AND MAKES NO WARRANTIES, RELATED TO THE PLATFORM AND/OR YIELD FARMS, WHETHER OR NOT THE PLATFORM IS ACCESSED VIA OUR SERVICES OR THE INTERFACE.
Your full use and enjoyment of the Services (whether or not by using the Interface) may require you to pay transactional fees required by their underlying blockchain or distributed ledger service, or by the Platform itself, that are designed to encourage their intended use among the Platform’s participants (“Blockchain Fees”). These Blockchain Fees are not levied directly or indirectly by the Company, but rather are determined by your use of the Services and the rules set in place by the communities affiliated with the underlying blockchain networks that the Platform is compatible with. You acknowledge that the Company has no control over Blockchain Fees, (including, without limitation, their applicability, payment, amounts, transmission, transmission, intended operation, and effectiveness) whether related to your use of the Services or otherwise. Accordingly, you understand and agree that in no event will the Company be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees. For further information regarding blockchain technology, digital assets and the associated risks, see Nature of Blockchain; Assumption of Risk; Waiver of Claims.
3. Accessing the Website & User Security.
We reserve the right to withdraw or amend the Website (including the Interface), and any other Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, the Interface, the Platform, or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Participants.
The User is responsible for both:
- Making all arrangements necessary for the User to have access to the Website and the Services.
If the User utilizes a Web3 Utility that relies on a separate username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Website or the Services at the end of each session. The User should use particular caution when accessing the Website or the Services from a public or shared computer so that others are not able to view or record the User’s username, password, private key, or other personal information. In the event the User’s Web3 credentials are compromised, the User acknowledges and understands that all of its related digital assets may be compromised as well, and waives any and all responsibility of and liability against the Company related to any losses in any such event.
4. Prohibited Uses.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or Participants, or expose them to liability.
- If they are a citizen of or otherwise accessing the Website from countries subject to sanctions by the United States Office of Foreign Asset Control (“OFAC”), including but not limited to the nations of Belarus, Burma (Myanmar), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe (collectively, “Prohibited Jurisdictions”), or if the User is otherwise listed as a Specially Designated National by OFAC.
- If doing so is illegal or impermissible according to any Applicable Laws.
- To cause the Services, any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact to work other than as intended.
- To take any action that may be reasonably construed as fraud, deceit, or manipulation.
- To damage the reputation of the Company or impair any of the Company’s legal rights or interests.
Additionally, the User agrees not to:
- Be likely to deceive or defraud, or attempt to deceive or defraud, any person, including (without limitation) providing any false, inaccurate, or misleading information (whether directly through the Services or through an external means that affects the Platform) with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Website or on the Services.
- Use the Services to manipulate or defraud any decentralized digital asset exchange protocol (“DEX”), oracle system, the Platform, or blockchain network, or the users thereof.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause needless annoyance, inconvenience, or anxiety, or be likely to unreasonably upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, misrepresent the User’s identity, or misrepresent its affiliation with any person or organization in connection with its use of the Website and Services.
- Engage in any activity or behavior that violates any applicable law, rule, or regulation concerning, or otherwise damages, the integrity of the Website or the Services, or any other service or software which relies on the Services.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
- Use the Website in any manner that could disable, overburden, damage, impair, or interfere with any other party’s use of the Website, including the ability to engage in real time activities through the Website or with the Services.
- Use any robot, spider, or other similar automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website or the Services.
- Circumnavigate, by any means, any restriction we may have implemented to prohibit impermissible access to citizens and residents of, or Participants physically located in, any Prohibited Jurisdiction.
- Introduce any viruses, malware, ransomware, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website, the Services, the Participants, any underlying blockchain, or any of the Service’s related utilities or functionalities.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including any underlying blockchain.
- Attack the Website, the Services, the Platform, any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact via a denial-of-service attack or a distributed denial-of-service attack.
- Encourage or induce any third party to engage in any of the activities prohibited under these Terms.
- Otherwise interfere with or attempt to interfere with the proper working of the Website or the Services in any way.
5. Monitoring & Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. BY USING THE SERVICES, YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review interactions or activities before they are executed through the Platform, and, given the nature of blockchain and functionalities like those offered via the Services, cannot ensure prompt removal or rectification of objectionable interactions or activities after they have been executed. Accordingly, the User understands and agrees that we assume no liability for any action or inaction regarding transmissions, communications, transactions, blockchain operations, or content provided by any Participant or third party, including any that may cause a malfunction or inaccuracy on the Website or among the Services. We have no liability or responsibility to anyone for any other party’s performance or nonperformance of the activities described in this Section, nor for any harms or damages created by others’ interactions with any blockchain underlying the Services or reliance on the information or content presented on the Website.
7. Intellectual Property Rights.
Except any open-source software or other material incorporated the Website or the Services, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
- The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
- The User may print or download one copy of a reasonable number of pages of the Website for its own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by any applicable end user license agreement or other similar agreement for such applications.
- For any open-source materials provided on the Website or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.
The User must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Any use of material on the Website other than that set out in this Section is prohibited without the express written consent of Immunefi.
The Company name, the terms “Immunefi,” [“Immunefi Vaults,”] and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company; provided, however, the User is hereby granted a limited, revocable, non-transferable permission and license to use the term “Immunefi” and any related names (excluding the Company name), logos (excluding the Company logo), product and service names, designs, and slogans in any way that they desire so long as such usage is not done in a way that: (1) is deceitful, fraudulent, or manipulative; (2) implies any relationship between User and the Company beyond that reasonably typical of a website administrator and its users; or (3) to cause confusion in any way to gain digital assets of, or personal information about, another party other than that intended by the Services, the Platform, the Interface or any related or interacting functionality (for example, you may not use the foregoing marks to execute phishing attacks, spearphishing attacks, social engineering, or in any way that may cause a party to transmit digital assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, product and service names, designs, and slogans on the Website and Website are the trademarks of their respective owners.
9. Reliance on Information Posted.
The content and information presented on or through the Website, including without limitation on the Interface, is made available solely for general information and education purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any information posted to the Website or made available through the Services should not be construed as an intention to form a contract, and in no case should any information be construed as the Company’s offer to buy, sell, or exchange digital assets. Any reliance the User places on such information is strictly at the User’s own risk, and as is common in the blockchain space, the User is assuming a high amount of risk related to others or technical harms when operating via the Website, the Interface, the Platform, and the Services. We disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other Participant, by anyone who may be informed of any of the Website’s or the Services’ contents, or by the actions or omissions of others interacting with the Platform or any underlying blockchain.
This Website or the Services may include content provided by third parties, including without limitation materials provided by other Participants, bloggers, third-party licensors, syndicators, blockchain users, decentralized applications, aggregators, and/or reporting services. All statements, alleged facts, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company or even the factual status of reality. We are not responsible, or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties, and User agrees that it bears sole and absolute responsibility to evaluate and select any third-party functionality with which it interacts via the Services.
10. Changes to the Website.
We may update the content on, design of, or functionalities available through this Website or through the Services from time to time, but the Website and the Services are not necessarily complete or up-to-date. Any of the material on the Website or provided through the Services may be out of date at any given time, and we are under no obligation to update such material.
11. Information About The User.
12. WARRANTY DISCLAIMER.
The Company is a developer of open-source software and does not unilaterally offer, operate, or administer the Platform or any blockchain network. The Services merely attempt to assist Participants in more easily participating in the Platform, DeFi services, or blockchain networks generally. Nonetheless, the Company has no oversight on or control over any particular digital asset, blockchain network, or the Platform.
The User is responsible for its use of the Services, the functionalities they enable, transactions engaged through the Website or the Interface, and the use of the information derived thereof. The User is solely responsible for complying with all Applicable Laws related to its transactions and activities that directly or indirectly incorporate our provision of the Services, including, but not limited to, the Monetary Authority of Singapore (“MAS”). The User acknowledges its understanding that the Company is not registered nor licensed with, nor have our Website, Interface, or Services (or the software contained therein) been reviewed or evaluated by, MAS or any other financial or banking regulator of any jurisdiction.
The User understands that we cannot and do not guarantee or warrant that files available for download from the internet or the Website or through the Services will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for: (1) an appropriate Web3 Utility; (2) anti-virus protection and accuracy of data input and output; (3) its participation in and use of DeFi products, the Platform, and any of the Services’ underlying blockchain and related technologies; and (4) maintaining a means external to our site to reconstruct of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO THE USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE USER’S USE OF THE WEBSITE AND THE INTERFACE, THE PLATFORM, ANY VAULT (WHETHER DEVELOPED BY THE COMPANY OR A THIRD PARTY), AND ANY OF THE SERVICES (AND ANY OF THEIR CONTENT) IS AT THE USER’S SOLE RISK. THE WEBSITE, THE INTERFACE, AND THE SERVICES ARE PROVIDED ON AN “AS IS’’ AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, NEITHER WE, NOR ANY PERSON ASSOCIATED WITH THE COMPANY, MAKE, AND WE EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE WEBSITE, THE INTERFACE, AND THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, THE INTERFACE, THE PLATFORM OR THE SERVICES. THE COMPANY AND ANY PERSON ASSOCIATED WITH THE COMPANY DO NOT REPRESENT OR WARRANT THAT: (1) ACCESS TO THE WEBSITE, THE INTERFACE, THE PLATFORM, OR THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE OR VIA THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (3) THAT THE WEBSITE, THE INTERFACE, THE SERVICES, THE PLATFORM OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (4) THAT THE WEBSITE, THE INTERFACE, OR THE SERVICES WILL MEET THE USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR OUR PRIVATE COMMUNICATIONS, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE WEBSITE, THE INTERFACE, OR THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE WEBSITE OR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, THE WEBSITE, THE INTERFACE, THE SERVICES, THE PLATFORM, ANY VAULT, ANY WEBSITES LINKED THROUGH OUR SERVICES, ANY THIRD-PARTY SOFTWARE INTEGRATIONS COMPATIBLE WITH THE PLATFORM, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A PARTICIPANT, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE WEBSITE, SERVICES, THE PLATFORM, THE USER’S WEB3 UTILITIES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Nature of Blockchain; Assumption of Risk; Waiver of Claims.
Blockchains, DEXs, DeFi, digital assets, the Platform, Yield Farms, vaults, and their related technologies and functionalities are still emerging innovations that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. The mere access to and interaction with blockchains requires high degrees of skill and knowledge to operate with a relative degree of safety and proficiency. Digital assets are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. Further, the speed and cost of transacting with cryptographic technologies, such as blockchains like those underlying the Platform, are variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the User has with the Platform and any blockchain may be publicly visible in human-readable form.
By accessing and using the Website, the Platform, or the Services, the User acknowledges the foregoing, and agrees and represents that it understands and assumes such and other risks involved with blockchains, DeFi, the Platform, vaults, Yield Farms, and related technologies (including without limitation any specific technical language used in this Agreement). The User further represents that it has all knowledge sufficient to work, and is informed of all foreseeable risks and the possibility of unforeseeable risks, associated with blockchains, digital assets, Web3 Utilities, smart contracts, the Interface, the Platform, Yield Farms, and the Services. The User further acknowledges, and assumes all risk related to the possibility, that any information presented via the Website, Interface, or Services may be inaccurate, possibly due to another party’s malicious activities and possibly to the User’s severe harm or detriment. The User agrees that we are not responsible for any of these or related risks, do not own or control any blockchain, Yield Farm, or the Platform itself, cannot guarantee the safe or accurate functioning of the Services, and shall not be held liable for any resulting harms, damages, or losses incurred by or against the User experiences while accessing or using the Website or the Services. Accordingly, the User acknowledges the foregoing, represents its understanding of the foregoing, and agrees to assume full responsibility for all of the risks of accessing and using the Website and interacting with the Services, whether mentioned in this Section or otherwise. The User further expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User’s use of the Website and the User’s interaction with the Services.
15. No Professional Advice.
All information or content provided or displayed by the Website (including, without limitation, on the Interface) is for informational purposes only and should not be construed as professional advice (including, without limitation, tax, legal, or financial advice). The User should not take or refrain from taking any action based on any information or content displayed or provided on the Website, on the Interface, or through the Services. The User should seek independent professional advice from an individual licensed and competent in the appropriate area before the User makes any financial, legal, or other decisions where such should be considered prudent. The User acknowledges and agrees that, to the fullest extent permissible by law, it has not relied on the Company, the content on the Website, the Interface, or the Services for any professional advice related to its financial or legal behaviors.
16. No Fiduciary Duties.
17. No Insurance.
Your digital asset wallets and the Platform are not checking or savings accounts. We do not provide any kind of insurance to you against any type of loss, including without limitation losses due to decrease in value of assets, assets lost due to a cybersecurity failure, or from your or other individuals’ errors or malfeasance. In most jurisdictions digital assets are not considered legal tender, and most digital assets are not backed by any government. Neither your digital asset balances nor any of your transactions via the Interface or Platform are covered by the Singapore Deposit Insurance Corporation Ltd, or other similar protections.
19. Governing Law and Jurisdiction.
20. Arbitration; Class Arbitration Waiver.
21. Limitation on Time to File Claims.
22. Waiver & Severability.
23. Entire Agreement.
24. Comments and Concerns.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Immunefi via email.