Terms of Use

Latest Update: July 5, 2024

g. Jeopardizes the security of your Wallet or anyone else’s;

h. Uses the Services to manipulate or defraud any DEX, oracle system, the Protocol, or blockchain network, or the users thereof;

i. Transmits, or procures the sending of, any advertising or promotional material, including (but not limited to) any “junk mail”, “chain letter”, “spam” or any other similar solicitation；

j. Promotes any illegal activity, or advocates, promotes, or assists any unlawful act. Causes needless annoyance, inconvenience, or anxiety, or be likely to unreasonably upset, embarrass, alarm, or annoy any other person;

k. Impersonates any team member of AI Protocol, another user, or any other person, or misrepresents the affiliation with any person or organization in connection with its use of the Interface and Services;

l. Seeks to defraud us or any other person or entity, including (but not limited to) providing false, inaccurate, or misleading information in order to unlawfully obtain the property of another;

m. Violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading;

n. Circumvents any restriction or block of your use of our Services, including but not limited to by use of VPN software or any other virtual private or anonymization network to modify your internet protocol address, if you travel to or located in one of the Prohibited Countries where our Service is unavailable.

o. Uses the Services, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to AI Protocol;

p. Uses the Services, directly or indirectly, for, on behalf of, for the benefit of, or in connection with (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;

q. Encourages or induces any third party to engage in any of the activities prohibited under these Terms;

r. In any way violates any applicable federal, state, local, or international law or regulation (including (but not limited to) any laws regarding the export of data or software to and from the US or other countries); and

s. Damages the reputation of AI Protocol or impairs any of AI Protocol’s legal rights or interests.

9. No Professional Advice

All information and capital flows are operated completely in accordance with the Smart Contract. Public information provided by our Services is for reference purposes only and shall not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any investment, financial, legal, tax, accounting, or other decisions involving the Interface, you should seek professional advice from a licensed and qualified individual in the area. You clearly understand that we do not guarantee that you will receive the proceeds you expect from investing through our Services.

10. No Monitoring and No Fiduciary Duties

AI Protocol is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities undertaken by you using our Services. We do not monitor whether your use of our Services is consistent with your financial goals and objectives. It is up to you to assess whether your financial resources are adequate for your financial activity with us, and to your risk appetite in the Services you use. Virtual Asset markets are open 24 hours a day, 7 days a week. Rapid price changes may occur at any time, including outside of normal business hours.

The Terms do not create or impose any fiduciary or endorsement duties on us. We never take direct possession, custody or ownership of any Virtual Asset or other property transmitted via the Interface. To the fullest extent permitted by law, you acknowledge and agree that neither your use of the Interface nor the Services causes us to owe 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, and that we and any other Participant shall be held completely harmless in relation thereof. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

11. No Warranties

Our Services are 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 or implied, including (but not limited to) the warranties of merchantability and fitness for a particular environment and browser, title or non-infringement or otherwise. You acknowledge and agree that your use of our Services 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 the Interface will be accurate, reliable, complete, or current; or that the displayed content, data, or interface will be free from errors, defects, viruses or other harmful components. 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 our Services.

You understand that we cannot and do not guarantee or warrant that files available for download from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy the particular requirements for:

a. anti-virus protection and accuracy of data input and output;

b. its participation in and use of DeFi products, the protocol, and any of the Services’ underlying blockchain and related technologies; and

c. maintaining a means external to our site to reconstruct of any lost data.

12. Third-Party Resources and Services

The Services may enable you to access or view links to other sites, applications, or resources, and may enable you to access, download or otherwise interact with content, services, applications and/or resources provided by third parties that are not owned or controlled by AI Protocol (collectively, the “Third-Party Services”), and certain functionality of the Service may require you to register for or otherwise use Third-Party Services. We provide references or links to the Third-Party Services only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third-Party Services. You understand that you use all links in the Third-Party Services at your own risk, and agree that AI Protocol shall 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 Service, including without limitation your use of or reliance on any content, goods, or services available on or through any third-party resources.

In particular, you acknowledge and accept that using our Services may involve the custody services provided by third-party custodians. Such custody services are third-party resources with several custodial risks, including but not limited to unavailable or degraded accessibility and functionality of custodians would impede the trading workflows & availability of the purchase/redeem functionality. You acknowledge the risk of other platforms (including but not limited to, centralized exchanges, decentralized exchanges (DEX) and other DeFi platforms) failure would impede the expedient transfer of any unrealized profit and loss, which may cause large balances to be owed to the investment. You acknowledge and accept that AI Protocol assumes no responsibility for such third-party resources or the risks of such yield product, losses caused by third-party custodians and exchanges are at your own risk.

In addition, third parties may offer promotions related to us. We assume no responsibility for any such promotions. If you participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third-parties. You expressly relieve us of any and all liability arising from your use of any such third-party resources or participation in any such promotions.

YOUR ACCESS TO AND/OR USE OF ANY THIRD-PARTY SERVICE, INCLUDING BUT NOT LIMITED TO ANY INTERACTION OR TRANSACTION BY YOU WITH, ON OR THROUGH ANY THIRD-PARTY SERVICE, IS SUBJECT TO THE APPLICABLE THIRD-PARTY SERVICE’S TERMS AND CONDITIONS AND/OR ANY OTHER TERMS MADE AVAILABLE ON OR AGREED TO BY YOU IN CONNECTION WITH SUCH THIRD-PARTY SERVICE, AND ANY TRANSACTION AND/OR INTERACTION BY YOU WITH, ON OR THROUGH A THIRD-PARTY SERVICE IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY. IF YOU ACCESS OR USE A THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS DO NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICE. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY SERVICE.

13. Release of Claims

You expressly agree that you assume all risks in connection with your access and use of our Services and your interaction with the Smart Contract. You further expressly waive and release us from any and all liability, claims, or causes of action arising from or in any way relating to your use of our Services and your interaction with the Smart Contract.

14. Limitation of Liability

We shall not be liable for any action taken or omitted by it pursuant to, or in connection with, these Terms except to the extent that a court of competent jurisdiction determines that our gross negligence or willful misconduct was the direct cause of any loss to you, and subject to the limitations set forth below.

Despite anything else stated in these Terms, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to:

a. the ownership, validity or genuineness of any Virtual Asset;

b. the collectability, insurability, effectiveness, marketability or suitability of any Virtual Asset;

c. transactions you conduct or attempt to conduct using our Services; or

d. losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond our control, including without limitation: the failure of the blockchain network or a particular protocol; acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; fire; flood; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; or non-performance by a third party.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AI PROTOCOL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE INTERFACE, THE SERVICES, ANY WEBSITES LINKED THROUGH OUR SERVICES, ANY CONTENT ON THE INTERFACE OR SUCH OTHER INTERFACES, 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 INTERFACE, THE SERVICES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AI PROTOCOL AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO AI PROTOCOL 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.

15. Indemnity

You agree to indemnify, defend, and hold harmless AI Protocol (including but not limited to our team members, managers, directors, contractors, agents, affiliates, and subsidiaries) from and against all claims, damages, costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), obligations, and expenses (including, without limitation, attorneys’ fees and expenses) arising from:

a. your access and use of the Interface;

b. your negligence or wilful misconduct;

c. your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and

d. any other party’s access and use of the Interface with your assistance or using any device or account that you own or control.

You further agree that AI Protocol shall have control of the defense or settlement of any claims.

16. Termination

You’re free to terminate your use of our Services at any time; please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Services.

We are also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If we suspend your use of the Services, you may continue to access your Wallet directly or through other services not hosted by us.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

17. Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

18. Dispute Resolution

We will use our best efforts to recurve any potential disputes through informal, good faith negotiations. If a potential dispute arises, please contact us by sending an email to [e-mail] so that we can attempt to recurve it without resorting to formal dispute resolution.

These Terms are governed by and will be construed under the laws of Singapore, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Singapore, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Singapore International Arbitration Centre (“SIAC”) then in effect, by one commercial arbitrator with substantial experience in recurving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of SIAC arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AI PROTOCOL ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU AND AI PROTOCOL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

19. Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and AI Protocol, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of AI Protocol, and you do not have any authority of any kind to bind AI Protocol in any respect whatsoever. No waiver by AI Protocol of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AI Protocol to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.