Terms and Conditions - Return Finance

Terms of Use

DEFINITIONS
1. The Company, We, Us – Return Finance UAB, incorporated in Lithuania, company number 306264593 with its registered address Mesiniu st. 5, LT-01133, Vilnius, Lithuania.
2. Services – various services provided to you by The Company that are based on Internet and/or blockchain technologies and offered via. The Company Services include but are not limited to such components as Virtual currency exchanges, existing services offered by Wallet and novel services to be provided by The Company using it’s Platform.
3. Platform – The Company’s ecosystem that is used for provision of The Services (website (https://return.finance), mobile application).
4. Virtual currency – means Bitcoin (BTC), Ethereum (ETH), USD Coin (USDC), Tether (USDT), and DAI, crypto-tokens and any other type of digitalized assets with a certain value supported by Company Services that may be purchased, sold, or exchanged via the Company Platform.
5. Virtual currency exchanges – means the spot transactions in which one Virtual currency is exchanged for another Virtual currency or FIAT.
6. Wallet – a digital tool, software application used to securely store and manage cryptographic keys for accessing and controlling ownership rights to Cryptocurrencies. Wallet could be provided by the Company.
7. FIAT Currency – USD, GBP, EUR, or other government-issued currency that is recognized as legal tender in its country of issuance through government decree, regulation, or law.
8. User – an individual, institutions or organisations that access, download or use The Company or The Company Services and who meet the criteria and conditions stipulated by The Company. If there exist other agreements for such entities as developers, distributors, market makers, and Virtual currency exchanges, such agreements shall be followed.
9. User account – refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by The Company for Users to record on The Company their usage of The Company Services, transactions, asset changes and basic information. The User Accounts serve as the basis for Users to enjoy and exercise their rights on The Company
10. KYC process – “Know Your Customer.” It is a process that The Company follows to verify and authenticate the identity of their customers. KYC is a crucial step in preventing identity theft, fraud, money laundering, and other illicit activities.
11. Privacy Policy – A privacy policy is a The Company policy that explains how we collect, use, disclose, and protect the personal information of individuals who interact with us. Please familiarise with it here.
12. Prohibited Jurisdictions – The list of Prohibited Jurisdictions can be accessed using the following link. The Prohibited Jurisdictions list may change from time to time for reasons which include but are not limited to licensing requirements and any other legal and regulatory changes.It is the Users’ responsibility to regularly check and stay updated with this list.
THE COMPANY
1. The Company Services is provided by Return Finance UAB (“ReturnFinance”) and its affiliates enables you to exchange FIAT into stablecoins and to stake those stablecoins through a variety of decentralised finance (“DeFi”) protocols operating on the blockchain using smart contracts for tokens and other crypto-tokens and assets with a view to making a return on the amount of money placed to earn an annual return (“annual percentage yield” or “APY”).
2. Return Finance UAB, incorporated in Lithuania, company number 306264593 with its registered address Mesenių st. 5, LT 01133, Vilnius.
3. Return Fiance UAB is authorised by FCIS in Lithuania to act as a Virtual currency exchange operator and a Depository virtual currency wallet operator.
4. By using our Service you agree to comply with the terms sent out below (the “Terms and Conditions”, “Terms”, “Agreement”).
ELIGIBILITY
1. By registering to use a The Company Service, you represent and warrant that:
  1. as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws;
  2. as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;
  3. you have not been previously suspended or removed from using The Company Services;
  4. you do not currently have a The User Account;
  5. you are not from Prohibited Jurisdictions.
  6. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;
  7. your use of The Company Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
  8. you have read and understood the section 11 “Risk Factors”;
  9. you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems;
  10. you are authorised and legally entitled to use the Service in the jurisdiction in which you are based without infringing the laws or regulations of that jurisdiction
  11. you are not subject to 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.
SERVICES
1. As a Cryptocurrencies exchanger and Wallet operator, you hereby authorise us your agent to convert the money which you pay to us into stablecoins through a crypto exchange, OTC Desk, or third party crypto on-ramp, and to stake the stablecoins through a variety of decentralised finance (“DeFi”) protocols operating on the blockchain using smart contracts and to remove the stablecoins from the liquidity pool(s) and convert them back to FIAT currency.
2. By using our Services, which include buying or selling Virtual currency . You can also store your Cryptocurrencies in a Virtual currency Wallet provided by us.
3. The rate at which Platform sell or purchase Virtual currency will be determined according to Section ‎5 below.
4. Your use of the Services is subject to our KYC process, and we may store this data on our systems for future use and verification.
5. The minimum order size for Virtual currency can be found on the Platform. Any changes to the minimum order size will be effective when published on the Platform, and your continued use of the Services will be considered as your acceptance of such changes.
6. The fees for our sale or purchase of Virtual currency can be found on your payment page (referred to as the “Fees”), and you will be notified of any changes to the Fees on the Platform. Your continued use of the Services after such changes will be considered as your acceptance of the updated Fees.
7. Purchase of Virtual currency by you: Once you have opened a User account with us, you will be able to purchase Virtual currency from the Platform using FIAT Currency. After we receive your payment in FIAT Currency, and subject to the provisions of the Terms & Conditions, we will deliver the Virtual currency you purchased to your Wallet address with us.
8. Sale of Virtual currency by you: Once you have opened a User account with us and have a Wallet, you will be able to sell Virtual currency via Platform in exchange for FIAT Currency. After we receive the Virtual currency, and subject to the provisions of the Terms & Conditions, we will deliver the corresponding FIAT Currency to your designated bank account provided to us.
9. You acknowledge and agree that we have sole discretion in deciding whether to provide you with the Services and whether to reverse any of your orders or transactions. For example, in order to provide liquidity for our Users, we may trade Cryptocurrencies with other Virtual currency exchanges. If there is insufficient liquidity for a certain Virtual currency, we may decline or reverse your order to purchase such Virtual currency.
10. You acknowledge that certain limits may apply to the sale or purchase of Virtual currency based on our policies, including but not limited to volume limits and our KYC process. We reserve the right to change these limits at our discretion. For example, these limits may be set per day and/or per month.
11. We reserve the right to refuse to process, cancel, or reverse any purchase of Virtual Currencies from us or sale of Virtual currency to us, at our sole discretion. This may occur if you have insufficient FIAT Currency or Virtual currency, or if the transfer of Virtual currency or FIAT Currency is not possible, even after funds or Virtual currency have been debited from you.
12. We may suspend, modify, remove, or add to the Services at any time.
13. You must not use the Services or the Website in a manner that violates any applicable laws or regulations.
14. We may suspend or block your User Account, access to the Services and/or the Platform without prior notification in certain cases, including: (i) technical failures in the Platform until they are resolved or maintenance work is completed; (ii) suspicion of unauthorised User account usage until clarification is obtained; or (iii) additional verification procedures and activity analysis within the scope of AML requirements.
15. You acknowledge and agree that The Company is not a payment service provider.
USER IDENTITY VERIFICATION
1. By registering an account with The Company, you agree to provide the necessary personal information for identity verification. The Company will utilise this information to verify your identity and comply with applicable anti-money laundering, terrorism prevention legislation, and other lawful purposes stated by The Company. The provided information will be used to detect instances of money laundering, terrorist financing, fraud, and other financial crimes associated with The Company.
2. We will collect, use, and disclose such information in accordance with our Privacy Policy.
3. In addition to the information specified in section 5.1, you authorise us to retain a record of that information for the duration of your active account and up to five (5) years after the closure of your account, in compliance with industry standards for data storage. Furthermore, you grant us the authority to conduct necessary investigations, either directly or through a third party, to verify your identity, protect you and/or us from financial crimes, such as fraud.
4. The information required to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued identification, date of birth, and other details collected during the account registration process. By providing the necessary information, you confirm its accuracy and authenticity.
5. After registration, it is your responsibility to ensure the accuracy, completeness, and timely updating of the provided information in case of any changes. If we have reason to believe that any of the information provided is incorrect, false, outdated, or incomplete, we reserve the right to send you a notice for correction, delete the relevant information, and, if necessary, terminate some or all of the services provided by The Company. If we are unable to reach you using the provided contact information, you shall be fully liable for any losses or expenses incurred by The Company during your use of our services. By registering an account, you authorise The Company to conduct investigations, as deemed necessary, directly or through third parties, to verify your identity or protect you, other users, and/or The Company from fraud or other financial crimes. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, and they may provide full responses to our investigations.
6. To ensure compliance with applicable anti-money laundering and terrorism prevention legislation, you may be requested to provide the following (but not limited to) information/documents:
  1. Information regarding transactions initiated by natural persons: name(s), unique transaction code, identification codes of the payment account or deposited virtual currency wallets, identity document and its number, personal identification number, date of birth or any other unique identifier assigned to identify the person, nationality, and residential address.
  2. Information regarding transactions initiated by legal persons: name, unique transaction code, identification codes of the payment account or deposited virtual currency wallets, registration code, registered office address,, the registration statement from the public registries, the articles of association, information from shareholders.
  3. Information regarding the natural person who is the recipient of the transaction: name(s), surname(s), personal identification number, date of birth or any other unique identifier assigned to identify the person, nationality, and identification codes of the recipient’s payment account or deposited virtual currency wallets.
  4. Information regarding the legal person who is the recipient of the transaction: name, code (if applicable), and identification codes of the recipient’s payment account or virtual currency wallet.
7. Information/documents collected in accordance with paragraph 5.6. of these Terms would be used for The Company KYC procedures. It should be noted that in case the Client is a legal person, The Company KYC procedure could be performed on the Client’s management (directors, board members etc.), shareholders and ultimate beneficial owners (UBOs).
PRICE AND FEES
1. he sale prices of Virtual currency will be quoted in FIAT Currency as determined by The Company.
2. You understand and agree that any price or rate of Virtual currency displayed on the Platform is accurate at that moment only. This is attributed to the inherently volatile nature of Virtual currency prices and the time required for transaction completion. The duration may vary depending on the payment method and third-party payment processors utilised. The conclusive price of your transaction (“Final Price”) will be the transaction rate presented on the Platform upon execution and as indicated in the order transaction summary, with the transaction fee deducted.
3. You understand and agree that the Final Price may be higher or lower than any previously available rate on the Website, due to fluctuations in value. We have no control over such fluctuations.
4. As a Virtual currency exchanger and wallet operator, we generate our fees as the difference between the yield generated by staking the money you provide us with in the DeFi protocols, and the APY we advertise on our Platform, which is based on a 30-day trailing average minus our fees, which can be up to 80% of the total yield. You acknowledge and agree that we may retain this difference as fees and remuneration for the providing of the Service.
EXECUTION OF YOUR ORDERS
1. Any order you place to purchase or sell Virtual currency via Platform will be considered pending and incomplete until we receive the necessary funds or Virtual currency confirmation (as applicable), as described below. The order will not be binding on us until we receive such payment confirmation or delivery confirmation from you.
2. For FIAT Currency payments made using a credit/debit card other method (e.g., bank transfer), we will consider the order complete upon the actual receipt of FIAT Currency in our account.
3. For delivery of Virtual currency to us, the order will be considered complete upon the actual receipt of Virtual currency in our designated Wallet.
4. les and purchases of Cryptocurrencies via the Company Platform are considered as final. We do not accept any returns or provide refunds for your purchase of Cryptocurrencies via the Company Platform except as otherwise provided in these Terms.
5. Company reserves the right to reject any cancellation request related to the order you have submitted.
6. f your account does not have sufficient amount of funds to execute an order, The Company may cancel the entire order, or execute part of the order with the amount of the funds you have in your account or Wallet.
PROHIBITED ACTIVITY
1. You agree not to engage in, or attempt to engage in, any of the following categories indicated below of prohibited activity in relation to your access and use of the Platform.
2. Cyberattack. Actions aimed at disrupting or damaging the integrity, security or functionality 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.
3. Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Platform.
4. Fraudulent content. Conduct aimed at defrauding us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully appropriate third-party assets or otherwise obtain a pecuniary advantage.
5. 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.
6. Sale of Stolen Assets. Buying, selling, or transferring of cash, crypto-assets, Virtual currency or other items which have been stolen or obtained by fraud, deception or without authorisation or proper disclosure or otherwise acquired through illegal means.
7. Intellectual Property Infringement. Activity that infringes on or breaches any copyright, trademark, service mark, database right, patent, image right, right of privacy, or other proprietary or intellectual property rights under any applicable law.
8. Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of a relevant jurisdiction.
AMENDMENTS TO THE TERMS & CONDITIONS
1. We may from time to time amend, modify, update and change any of the provisions of the Terms & Conditions, including without limitation as a result of legal and regulatory changes, security reasons or changes to the Services.
2. Unless otherwise specified in the Terms & Conditions, we will notify you of any such amendment, modification, update or change by publishing a new version of the Terms & Conditions on the relevant page of the Platform, or by notifying you by email, at our sole discretion. Unless otherwise specified in the Terms & Conditions, any new version of the Terms & Conditions will take effect 14 (fourteen) days after its publication on the Platform (or earlier if required by any law, regulation or directive which applies to either us or you).Your continued use of the Services after this period will be deemed to constitute your acceptance of such new version of the Terms & Conditions.
3. You shall check for updates to the Terms & Conditions on a regular basis.
SUSPENSION AND CANCELATION OF USER ACCOUNT
1. You agree that The Company shall have the right to immediately suspend your User Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the assets or funds in all such accounts and Wallets, and suspend your access to The Company in lawful and reasonable cases including if The Company suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that The Company shall not be liable to you for any permanent or temporary modification of your User Account, or suspension or termination of your access to all or any portion of The Company Services. The Company shall reserve the right to keep and use the transaction data or other information related to such User Accounts. The above account controls may be applied in the following (but not limited) cases:
  1. You have provided us with false or misleading information or documents and/or have not updated such documents and information within a reasonable period of time;
  2. You use the Services for activities prohibited under these Terms and Conditions;
  3. You are bankrupt or under liquidation or an officer who takes over maintenance of your assets is assigned to you;
  4. ou have suspended payment for services and have not repaid the debt within a reasonable period of time;
  5. You have committed a material violation of data protection laws;
  6. Any statement of the Terms or the information provided is or becomes materially inaccurate or materially altered;
  7. Validity of the Terms contradicts the requirements of the legal acts or causes us other adverse consequences that we could not have foreseen at the time of drawing up the Terms and Conditions and that we could not manage or avoid if the Terms and Conditions remain in force;
  8. We terminate provision of our services or provision of certain services directly related to the contract, or we cannot provide such services due to other reasonable circumstances;
  9. You have violated applicable laws or rules;
  10. You use the Services for malicious, illegal or immoral purposes;
  11. This is necessary for our own protection, including (but not limited to) the following circumstances: (a) protection against fraud or money laundering; (b) protection against your failure to fulfil obligations; (c) protection against market failure; (d) protection against adverse or volatile market conditions; and (e) our protection against loss;
  12. If your activities using our services could damage our business reputation;
  13. We are requested to do so by any governmental or regulatory authority if that request is legally binding;
  14. In cases where it turns out that you commit a criminal and/or unlawful activities while using the Services;
  15. If sanctions schemes imposed by the Republic of Lithuania, European Union or other jurisdictions to the Russian Federation, the Republic of Belarus or to other countries make the execution of the Agreement impossible.
  16. The User Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
  17. We detect unusual activities in the User Account;
  18. We detect unauthorised access to the User Account;
2. In case of any of the following events, The Company shall have the right to directly terminate these Terms by cancelling your User Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your User Account on The Company and withdraw the corresponding User Account thereof:
  1. after The Company terminates services to you;
  2. you allegedly register or register in any other person’s name as a The Company User again, directly or indirectly;
  3. the information that you have provided is untruthful, inaccurate, outdated or incomplete;
  4. when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your User Account or by other means;
  5. u request that The Company Services be terminated; and
  6. other circumstances that are indicated in the paragraph 10.1 of these Terms.
3. Should your User Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, The Company shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
4. If The Company is informed that any Cryptocurrencies or funds held in your Wallet are stolen or otherwise are not lawfully possessed by you, The Company may, but has no obligation to, place an administrative hold on the affected funds and your User Account. If The Company does lay down an administrative hold on some or all of your funds or User Account, The Company may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to The Company has been provided to The Company in a form acceptable to The Company. The Company will not involve itself in any such dispute or the resolution of the dispute. You agree that The Company will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
5. Except as set forth in paragraph 10.6. below, once a User Account is closed, all remaining account balance (which includes charges and liabilities owed to The Company) will be payable immediately to The Company. Upon payment of all outstanding charges to The Company (if any), Users will have 5 business days to withdraw all Cryptocurrencies from the Wallet.
6. The Company maintains full custody of the Cryptocurrencies, funds and User data/information which may be turned over to governmental authorities in the event of The User Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
RISK FACTORS
1. Investment in stablecoins or crypto-assets is highly risky and you may suffer a total loss of the funds you exchange and you should only transmit funds if you have the financial resources to sustain a total loss of such funds. Any indicated APY is Prior to making any investment you should seek independent, financial, legal and tax advice from a qualified and competent professional.
2. In particular, you understand and acknowledge that:
  1. Immature and volatile market: The markets for digital assets are nascent and highly volatile due to factors such as adoption, speculation, technology, security, and regulation. Market prices may fluctuate dramatically over short periods of time and liquidity may be withdrawn suddenly and unexpectedly from any market or protocol
  2. Unregulated market: DeFi is totally decentralised and not subject to any centralised control or supervision from a central regulator such as a Central Bank or the SEC. Investors do not therefore benefit from any regulatory protections.
  3. Interoperability risk: DeFi protocols are built on the blockchain and allow for interoperability between different protocols. The combination of DeFi protocols increases the complexity and exposure to vulnerabilities of each platform.
  4. DeFi risk: DeFi is predominantly built on open-source code (i.e. is publicly accessible), and as such is susceptible to particular idiosyncratic business risks such as “vampire attacks” by which a competitor exchange copies and edits code to gain a competitive advantage and market share by offering more attractive financial incentives to lure liquidity providers and users to its own platform.
  5. Stablecoin risk: Stablecoins may not be fully or adequately collateralised, are subject to price fluctuations and may lose their peg to the underlying fiat currency resulting in a total loss of value.
  6. Smart contract risk: The Service utilises smart contracts to “yield farm” by investing into liquidity pools or peer to peer lending or other uses to obtain tokens or other incentives in order to generate APY. Smart contracts are deterministic in that they execute automatically, meaning that errors within the code are impossible to rectify. They are also subject to vulnerabilities such as hacking and rely on external data feeds known as “oracles” which may be manipulated.
  7. Impermanent loss risk: Liquidity pools involve the risk of “impermanent loss” created by the use of automated marker maker, or “AMM” as prices fluctuate due to trading activity in the market which would crystallise if the assets were removed from the liquidity pool.
  8. Cryptographic risk: The cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time.
  9. Regulatory risk: DeFi is subject to regulatory change which might result in increased costs, restrictions on our ability to conduct business, one or more yield farming techniques no longer being available each of which may have an adverse effect on our ability to provide the Service or generate APY.
  10. Network and system risk: Using an Internet-based platform such as the Services, including, but not limited to, the failure of hardware, software, and Internet connections. Internet-based platforms such as the Application involve risks including, but not limited to, the failure of hardware, software, and Internet connections.
ACCOUNT USAGE SAFETY REQUIREMENTS
1. The User Account can only be used by the account registrant. The Company reserves the right to suspend, freeze or cancel the use of User Accounts by persons other than account registrant. If you suspect or become aware of any unauthorised use of your username and password, you should notify The Company immediately.
2. The Company assumes no liability for any loss or damage arising from the use of The User Account by you or any third party with or without your authorization.
3. The Company has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for The Company Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your The User Account and personal information.
4. You should be solely responsible for keeping safe of your User Account and password, and be responsible for all the transactions under your User Account. The Company assumes no liability for any loss or consequences caused by authorised or unauthorised use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
5. By using User Account, you hereby agree that:
  1. you will notify The Company immediately if you are aware of any unauthorised use of your User Account and password or any other violation of security rules;
  2. ou will strictly abide by all mechanisms or procedures of The Company regarding security, authentication, trading, charging, and withdrawal; and
  3. you will take appropriate steps to logout from The User Account at the end of each visit.
APPLICABLE LAW AND DISPUTES
1. These Terms are drawn up in accordance with the legal acts of the Republic of Lithuania. The legal acts of the Republic of Lithuania shall apply to these Terms.
2. It is your responsibility to abide by local laws in relation to the legal usage of Company Services in your local jurisdiction as well as other laws and regulations applicable to you.
3. You must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.
4. All Users of Company Services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities. Users agree that The Company will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds.
5. By accepting The Terms, you acknowledge that you are aware of sanctions schemes imposed by the Republic of Lithuania, European Union or other jurisdictions to the Russian Federation, the Republic of Belarus or to other countries. You agree to follow and not to violate mentioned sanctions schemes while using the Services.
6. Any disputes between you and The Company shall first be settled by negotiations. If we are unable to settle the dispute by negotiations, you can file us a complaint free of charge by post or email. We will ask you to provide your company’s name, representative’s name, contact information and any information that gives you reasonable grounds to believe that we have violated your rights and legitimate interests in providing our Services. If you want to file a complaint by email, please send it to this email address [email protected].
7. If the dispute cannot be settled by negotiations, the dispute may be settled in the competent court of the Republic of Lithuania.
8. We may withhold your funds/assets and/or freeze your User account related to the dispute until the dispute is settled.
MISCELLANEOUS
1. No Regulatory Protections. We are not registered with the FINMA (Switzerland), Financial Conduct Authority (UK), the Securities & Exchange Commission (US) or any other similar regulator for the conduct of banking, securities or investment business (including the provision of investment advice or arranging deals in investments). You acknowledge that you do not therefore benefit from any of the regulatory protections or compensation schemes offered by any such regulator.
2. Non-Solicitation. You agree and acknowledge that: (a) all transactions initiated by you through use of the Service are unsolicited; they are solely initiated by you; (b) you have not received any investment advice from us in connection with any transactions, including those you place via our website or API.
3. No Investment Advice. All information provided by the Application should not be construed as investment advice or a recommendation that a particular stablecoin, token or staking on a particular liquidity pool is a safe or sound investment. 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.
4. No Fiduciary Duties. These Terms are not intended to, and do 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 this Agreement.
5. Tax Obligations. Your use of the Application or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. 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. The Service user interface may display incorrect information or information that differs from our internal books and records. In the event of any conflict, the contents of our internal books records shall prevail.
6. Third-Party Services and Promotions. The Application may contain references or links to third-party resources, including (but not limited to) services, content or products which we do not own and over which we have no control. In addition, third parties may offer promotions related to your access and use of the Application. You 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.
7. Indemnity. You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries (an “Indemnified Person”) from and against all claims, damages, obligations, losses, liabilities, costs, and expenses which we might suffer arising directly or indirectly from: (a) your breach of any of the Terms; (b) your infringement of any third party intellectual property or other rights; (c) breach of applicable law, rule, or regulation; and (d) any other party accessing the Application or using the Service with your assistance or by using any device or account owned or controlled by you.
8. Rewards. We may from time to time provide you certain incentives, bonuses, prizes or rewards for completing certain activities, such as referring new customers or completing a certain number of transactions (“Rewards”). Details regarding the criteria for earning a reward will be described within the Application. Upon satisfaction of the criteria for obtaining a Reward and subject to your compliance with the associated rewards terms, these Terms and applicable law we will use commercially reasonable efforts to promptly transfer the Reward to your digital wallet. We reserve the right to change, modify, discontinue or cancel any rewards programmes (including the frequency and criteria for earning such Rewards), at any time and without notice to you.
9. Disclaimer. The Services are provided on an “as is” and “as available” basis. The Company disclaim any liability:
  1. The Service (including the Platform) being uninterrupted, secure or bug-free
  2. Unlawful use or illicit use of the Services
  3. Viruses, worms, trojan horses, time bombs, cancel bots, spiders, malware or any other malicious code affecting the Service.
10. Limitation of Liability. To the maximum extent permitted by law, under no circumstances shall an Indemnified Person be liable for any liability, loss, damage, cost or expenses of any kind save to the extension directly caused by the gross negligence, recklessness, wilful default or fraud on the part of The Company.
11. No Indemnified Person shall be liable for indirect or consequential loss or loss of profits or loss of opportunity arising from or in connection with the Service.
12. No Indemnified Party shall be liable for any loss or damage arising in whole or in part for on (i) user error, such as lost or stolen passwords; (ii) network, communications, server delays, disruptions or failures; (iii) data loss or corruption; (iii) malfunction of the blockchain; (iv) malfunction or hacking or tampering with smart contract; (v) any malfunction, alteration, manipulation or adulteration of the blockchain, including network forks, changes in cryptography, flaws in digital cash protocols (v) cyber-attacks or hacking of the network (including wallets); (vi) loss or destruction in value of an crypto-asset; or (vii) changes in law or regulation.
13. Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.