Terms of Use

Version: 1.0.1
Last updated: October 7, 2021

These Terms of Use (“Terms”) constitute a legally binding agreement between the users of DEHIVE FOUNDATION’s Platform and application (“You”, “User”) and DEHIVE FOUNDATION LLC (“Company”, “We”), a private company incorporated under the laws of Ukraine with a registered address at Ukraine, 03040, Kyiv, Holosiivskyi ave., House 70, office 432. These Terms apply to the Company’s Platform and application (together referred to as the “Platform”).

Notice: Platform provides you only with the interface to access decentralized protocols. The information and descriptions contained on the Platform are not to be construed as an offering memorandum, advertisement or prospectus. The information set out on the Platform is for community discussion only and is not legally binding. Platform and any information or materials contained in it do not constitute the distribution, an offer or solicitation of any kind to purchase or sell any product, security or instrument whatsoever nor should they be construed as providing any type of investment or other advice or recommendations by us, any of our affiliates or third parties to any person in any jurisdiction where such distribution, offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Moreover, the Company does not give investment advice, endorsement, analysis or recommendations with respect to any cryptocurrencies, digital assets, tokens or securities or provide any financial, tax, legal advice or consultancy services of any kind. We are 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 effected by you using this Platform. No regulatory authority has examined or approved, whether formally or informally, any of the information set out on the Platform. No such action or assurance has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of the Platform does not imply that the applicable laws, regulatory requirements or rules have been complied with.

If you do not agree with these Term, you may not access or use the Platform or any service provided on the Platform (“Services”). All information and Services provided on the Platform are provided on a strictly “as-is” basis without any warranty whatsoever.

  1. 1. General Provisions

1.1. These Terms constitute a legally binding agreement between you and the Company about the use of Platform.

1.2. By accessing or using the Platform, you agree to be bound by these Terms in compliance with the laws of Ukraine, that apply to any relations between you and the Company (“Applicable Law”).

1.3. The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Platform from that date on.

1.4. The Company will notify you about significant changes in these Terms by posting a notification on the Platform.

1.5. You can review the most current version of the Terms using the Terms of Use link. If you continue to use the Platform after the Company makes changes to the Terms, you are signifying your acceptance of the new and/or revised Terms.

1.6. If you do not agree with new and/or revised provisions of the Terms, you cannot use the Platform.

  1. 2. Services

2.1. The Company’s Platform provides you with website-hosted user interface allowing you to access and interact with decentralized protocol (the” Protocol”) through which you can:

  • claim, distribute and organize the transfer of Token including staking and crosschain services;
  • become holder of the DeFi tokens packed into one index;
  • access other decentralized services of the Protocol.

2.2. You have to connect your decentralized wallet (e.g., MetaMask or similar) to a Platform to get access to Protocol. All transactions that occurred through the Protocol are not controlled and administrated by the Platform and/or Company and you are personally liable for keeping them secure and accurate.

2.3. To be eligible to use the Platform and Services you must be at least 18 years old. You are not allowed to use the Platform, if you are under eighteen (18) years of age. You further represent that you are not a citizen, resident, or member of any jurisdiction where your use of the Platform would be illegal or otherwise violate any Applicable Law. You further represent that your access and use of the Platform will fully comply with all applicable laws and regulations, and that you will not access or use the Platform to conduct, promote, or otherwise facilitate any illegal activity.

2.4. The Company may at any time disable the access to the Platform and/or Services altogether and reserves the right to do so in its sole discretion.

  1. 3. Information services

3.1. As a part of the information services, the Company may produce and display content (the “Content”) on the Platform, which includes but is not limited to information, texts, images, video, and audio files.

3.2. The Content does not constitute any form of investment advice, financial advice, trading advice, or any other sort of advice unless specifically mentioned otherwise and should not be construed as such. The Company shall not hold liability for any actions that arise from its Content.

  1. 4. User Conduct

4.1. During using the Platform, you shall:

  • not violate or assist any third party in violating these Terms and/or Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
  • not provide false, inaccurate, incomplete and misleading information to the Company;
  • not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company;
  • not use the Platform in any way that can damage, disable or overburden the Platform, which may include but is not limited to uploading or in any other way, while using the Platform, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Platform;
  • not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
  • keep means of access and the wallet, connected to Platform separate and secure;
  • not give any third person the wallet, connected to Platform, access to your wallet or means of access to them.
  • not violate any laws that apply in your jurisdiction concerning the use of Token;
  • not violate these Terms and the Applicable Law in any other way.

4.2. You are solely liable for all liabilities arising from your use of the Platform.

  1. 5. Intellectual Property Rights

5.1. The Platform and its entire contents, features, and Services (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 Ukrainian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2. These Terms permit you to use the Platform for your use only, subject to the following restrictions:

  • you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as it is created and owned by you.
  • you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • no right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.

  1. 6. Links from the Platform

6.1. Links to any third-party platforms, websites and services on the Platform are provided for your convenience only. We have no control over the contents of those sites or resources and such links are not an endorsement of any information or services that is offered on or reached through such third-party platforms. If you decide to access any of the third-party platforms linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such platforms.

  1. 7. Confidentiality and Privacy Policy

7.1. Personal data that you provide to the Company will be subject to our Privacy Policy.

7.2. The Company may be obliged to disclose your personal information to law enforcement authorities, data protection authorities, financial regulators, financial service providers, governmental authorities and officials, and other authorized persons, as set forth in the Privacy Policy.

  1. 8. Disclaimers and Limitations of Liability

8.1. For non-performance or improper performance of their obligations under these Term, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.

8.2. The Platform, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Platform, Services or Protocol are error-free, reliable, or will operate without interruption.

8.3. Your use of the Platform, its content and any Services obtained through the Platform is at your own risk. The Platform, its content, and any Services obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

8.4. The Company does not guarantee that any order or interaction with Protocol will be accepted, executed, or recorded.

8.5. The Company shall not be liable for the use or inability to use the Protocol, Platform and Services.

8.6. In no event shall the Company, its officers, directors, employees, agents, third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of the Platform, Services or Protocol (ii) the accuracy, completeness, or content of any platforms linked (through hyperlinks, banner advertising or otherwise) to the Platform, (iii) the Services found at the Platform or any platforms linked (through hyperlinks, banner advertising or otherwise) to this Platform, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of Company’s servers and/or any and all content, personal information, or other information and data stored therein, (vii) any interruption or cessation of Services to or from the Platform or Protocol or any platforms linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any Platforms linked (through hyperlinks, banner advertising or otherwise) to this Platform, (ix) any loss or damage of any kind incurred as a result of your use of the Platform, Protocol or the Services found at the Platform, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages, (x) any errors or malfunctions caused by or otherwise related to MetaMask account or another wallet connected to Platform or Protocol (xi) changes in regulatory approaches or legal actions taken regarding the Token or other digital tokens, (xii) taxation and/or changes in tax system regarding Token or other digital tokens, (xiii) unfavourable fluctuations of Token or other digital tokens, (xiv) errors in the provision of Services; (xv) other risks associated with purchasing and holding of Token, other digital tokens, indexes, using Protocol, the Platform and Services.

8.7. The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using Platform, Services and Token if such use is forbidden or otherwise limited in your country

8.8. The Company, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, or any other sort of advice.

8.9. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) your use of and access to the Platform, Protocol and Services; (ii) your violation of any term of these Terms; or, (iii) your violation of the Applicable Law, including any law, rule, or regulation, or the rights of any third party.

8.10. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company’s (the “Parties’”) control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.

8.11. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

  1. 9. Announcements

9.1. The Company may from time to time post official announcements, news, notices, etc. (the “Announcements”) on the Platform. In no event shall the Company be liable for any losses arising from you neglecting or ignoring the Announcements.

  1. 10. Applicable Law and Dispute Resolution

10.1. If any relations between you and the Company are not regulated by these Terms, they shall be regulated by the laws of Ukraine.

10.2. You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.

10.3. If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.

  1. 11. Final Provisions

11.1. These Terms shall remain in force until terminated by the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.

11.2. These Terms, Privacy Policy, any other notices and disclaimers on the Platform constitute the entire agreement between you and the Company regarding your use of the Platform.

11.3. Should you have any comments, questions, or complaints, please contact the Company at [email protected]

  1. Risk Warning

By accessing and using the Platform, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as Bitcoin (BTC) and other digital tokens. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Platform. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Platform and interacting with the Protocol.

Risk of Extreme Volatility

Digital tokens have traditionally been incredibly volatile assets. Transactions with digital tokens involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any digital tokens or currency - virtual or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

The trading of digital tokens is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in digital tokens because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

Risk of Uninsured Losses

Unlike bank accounts or accounts at some other financial institutions, digital tokens are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance to offer recourse to you. There is no central bank that can issue more Currency or take corrective measures to protect the value of digital tokens in case of a crisis.

Risk of Lack of Awareness

The Platform and Protocol are subject to constant development and their design concepts, consensus mechanisms, algorithms, codes, and other technical details and parameters may be constantly and frequently updated and changed. We have neither the ability nor obligation to keep Users informed of every update of Protocol or Platform.

Risk of Weaknesses or Exploitable Breakthroughs in the Field of Cryptography

Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to digital tokens which could result in the theft or loss of your assets.

You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that Company does not give advice or recommendations. Legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange and value of digital tokens. As the price and liquidity of digital assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future, you acknowledge also that digital asset transactions may be subject to high risks and may cause the loss of Your assets.You expressly agree that you assume all risks in connection with your access and use of the Platform and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and your interaction with the Platform and Protocol.