Terms and Conditions
Last Updated March 1, 2023
Introduction
THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH THE DAO OF RELATIVE FINANCE (HEREINAFTER REFERRED TO AS “DAO”) AND USE OF THE RELATIVE.FI WEBSITE (“WEBSITE”) AND APP.RELATIVE.FI (”INTERFACE”), IS PROVIDED TO YOU BY THE DAO, AND SERVICES ARE AVAILABLE THROUGH IT. YOU MAY USE THIS WEBSITE ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEBSITE.
1. General terms and acceptance of this Agreement
As a condition to accessing or using the Site or the Interface, you acknowledge, understand, and agree to the following:
1.1. The DAO makes this Website including all information, graphics, documents, text, products, and all other elements of the Website and an opportunity for data providers to offer smart contract-based and decentralized products and services on this Website available for your use subject to the terms and conditions set forth in this document and any additional documents available on the Website. By accessing and using this Website, or clicking a checkmark at the “I agree with the Terms of Use” button and pressing the “Next” button you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do not agree to any additional specific terms or to particular transactions concluded through this Website, then you should NOT use that part of the Website;
1.2. Accessing this Website may be prohibited in some countries by laws. You understand and accept that the DAO can't provide you with legal advice or guarantee the legitimacy of Website use. You use our services all by yourself and take full responsibility for the legalization of the Website, Interface and services in your country. You shall not use any VPN, proxy, or other similar services to override our country's technical restrictions;
1.3. The DAO does not provide services that in any way contradict the current legislation of cryptocurrencies and derivatives trading in your country. By using our Website's services you acknowledge, guarantee and agree to legalization in your country. The DAO is not responsible for unauthorized or illegal use of our Website's services;
1.4. The DAO does not allow the use of our services to users that are citizens, reside, or are located in the following countries: the United States of America, the People's Republic of China, North Korea, Cuba, Timor-Leste, Cambodia, Republic of the Union of Myanmar, Laos, Tanzania, Russia, Serbia, Tunisia, Uganda, Mali, Afghanistan, Albania, Central African Republic, Republic of Côte d'Ivoire, Somalia, Zimbabwe, Democratic Republic of the Congo, Republic of the Congo, Côte d’Ivoire, Malawi, Montenegro, Mozambique, Crimea, Kyrgyzstan, Bosnia and Herzegovina, Uzbekistan, Turkmenistan, Burundi, South Sudan, Sudan (north), Sudan (Darfur), the Republic of Guinea, Guinea-Bissau, the Republic of North Macedonia, the Lebanese Republic, Bahamas, Kosovo, Turkey, Iran, Iraq, Libya, Syria, Ethiopia, Yemen, Sri Lanka, Ukraine, Belarus, Bolivia, Trinidad and Tobago, and Venezuela). This list can be updated by the DAO without prior notice at any time. You agree that you will not use any services on the Website in the abovementioned jurisdictions. Otherwise, we will be forced to block your access;
1.5. The DAO is not part of any transaction on the blockchain networks underlying the Website; we do not have possession, custody, or control over any crypto assets appearing on the Interface; and we do not have possession, custody, or control over any user's funds. Further, we do not store, send, or receive any crypto assets. You understand that when you interact with any of the DAO’s smart contracts, you always retain control over your crypto assets. We do not have access to your private keys;
1.6. From time to time, the Website or the Interface may be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that the DAO or any of its suppliers or contractors may undertake from time to time; (c) causes beyond the DAO’s control or that the DAO could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
1.7. The pricing information provided on the Website or the Interface does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the DAO;
1.8. The DAO does not act as a broker or advisor for you;
1.9. You are solely responsible for your use of the Website or the Interface, including all of your transfers of digital assets;
1.10. To the fullest not prohibited by applicable law, 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, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
1.11. You are solely responsible for reporting and paying any taxes applicable to your use of the Interface;
1.12. We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so. If you experience a problem with any transactions in digital assets using the Website or the Interface, you bear the entire risk; and
1.13. You are required to pay all fees for transactions involving certain blockchain networks. These fees may include gas costs and all other fees reflected on the Interface at your use, including trading-related fees. The DAO does not receive fees for any blockchain transactions or using the Website or the Interface.
2. Deposits, money transactions, and withdrawing money from the account
2.1. In order to avail our services through a smart contract by using the interface of the Website you must have a decentralized crypto wallet (MetaMask) with cryptocurrency on it. You must connect your wallet to the Website and can avail services using ERC-20 tokens.
2.2. When claiming returns/ winnings please remember that there may be a certain delay in the receipt of funds to your wallet, dependent on network congestion and demand. Please consider this information when availing our services.
2.3. As a condition to accessing the Website and our services, you acknowledge and agree to fulfill the following paragraphs:
2.3.1. All funds on your cryptocurrency wallet connected to the Website are your personal funds and are not of illegal origin;
2.3.2. You cannot reverse any transactions made from your decentralized cryptocurrency wallet connected to the Website or decline any payments made by you, which may cause refunds by a third party in order to avoid legal liability.
2.3.3. The DAO does not accept any funds from third parties, and money used for availing services on the Website can only come from your personal wallet. If during the security check, any of these Terms of Use are violated, your access to the services on the Website will be revoked and wallet banned.
2.3.4. By requesting a transfer to return the funds to the rightful owner, all gas fees are covered by the receiver of the money.
2.3.5. You agree not to deny any conducted transactions, not to cancel any transactions related to payments and in any such cases, and assure that you will compensate the DAO funds and any costs related to the process of collecting your deposits.
2.3.6. In the case of discovering suspicious or fraudulent deposits (including any refunds or cancellations of payments) and deposits made to exchange funds between payment systems or different smart contracts, the DAO has the right to block your access. We have the right to provide information to the relevant authorities and/or organizations (including credit reporting agencies) about any fraud with payments or other illegal activities. We can hire credit reporting agencies in order to return payments.
2.3.7. Our services are provided for entertainment only. Transfer of funds pursuant to any interaction with Interface or the Website are non-refundable as the product is virtual and is instantly staked. If you take a position with cryptocurrency, funds will be drawn from your wallet instantly and cannot be returned. It is important to keep in mind that the DAO does not have access to the User's funds. All of the funds are sent directly to the smart contract.
3. Conspiracy, misleading actions, fraud, and criminal activity.
3.1. The following activities are unacceptable and violate the Terms:
3.1.1. Disclosure of personal information to third parties;
3.1.2. Fraudulent activities, which include the use of malicious programs, errors in our software, use of “bots” – automatized players;
3.1.3. Committing fraudulent activities in your interests;
3.1.4. Participation in money laundering and any other activity which leads to criminal consequences;
3.1.5. An attempt to conspire or intentions to directly or indirectly participate in conspiracy schemes with other users when availing our services on the Website.
3.2. We reserve the right to block you from the Website if we consider that you are trying to take advantage of the received winnings.
3.3. The DAO will take the necessary measures to identify and suspend all the conspirators. If you or any other user in collusion with you has suffered losses or damages as a result of fraud and illegal operations, we are not responsible for this, and we will act on that situation at our discretion.
3.4. If you have identified a person who is in collusion or colludes in fraud, you must inform us about it by email as soon as possible.
3.5. If we suspect you of fraud or fraudulent activities, we may at any time, without prior notice, block your access to the services of our Website. Under such circumstances, we release ourselves from the obligation to refund or in any other way compensate you for the funds spent on the Website. We also reserve the right to notify competent authorities about the fraud and you will be obliged to cooperate with the DAO on the investigational matter.
3.6. You are prohibited to use fraudulent software and illegal acts, or any prohibited transactions in accordance with the current law of your country. Administration of the Website is authorized either to block or suspend access to and freeze positions taken by, wallets suspected of fraudulent / criminal activity.
3.7. If the DAO suspects that you are using prohibited software, the DAO may conduct an additional investigation. Please note that during this period your access to the Website will be suspended.
3.8. In the event that signs of using prohibited software are detected, your access to the Website will be terminated.
4. Other prohibited activities on the Website
4.1. It is strictly forbidden to use insulting or aggressive phrases or images, as well as to use obscenities, and make threats, or violent actions against users of the Website and the DAO.
4.2. It is strictly forbidden to carry out any actions that may affect the Website’s proper functioning. It is prohibited to use malicious software and viruses. “Spam” messages or mass mailing are strictly prohibited. It is forbidden to misinterpret and delete any information on the Website.
4.3. Use of the Website is for personal entertainment purposes only. It is prohibited to copy the Website and any information from it in any form without our written consent.
4.4. Using our Website, you assure that you will not attempt to hack and/or gain access to our security system. If we suspect that you have tried or are trying to hack or gain access to the Website and avoid our security system or software in any other possible way, we will deny you access to the services of the Website, block your account, and notify the law enforcement authorities.
4.5. We are not responsible for any losses that you or the third party may sustain as the result of the technical errors (which were caused by malfunction of any IT-Programs, virus attacks, or other harmful programs) while using the Website and/or downloading any materials posted on it, as well as any links to the Website.
4.6. It is prohibited to sell or exchange accounts between users.
5. Errors or other defects
5.1. In the process of using the resources of the Website, there may be problems with payments or rates because of errors on the Website or smart contracts. Such shortcomings include the following examples: incorrect counting of user profit/ loss, incorrect calculation of returns, and incorrect pricing for wagers as a result of the incorrect provision of information.
5.2. If You have already used those funds that accrued due to error, the DAO has the right to call off any winnings and rates that you received or could receive out of such funds.
5.3. Neither the DAO nor its members or partners, provider of the service is responsible for the damage (including loss of winnings) that occurred because of the user or because of the Website.
5.4. The DAO and its members are not responsible for any losses or damages that may be caused by the interception or misuse of any information transmitted via the Internet.
6. Risks and Limitations of our Liability
6.1 RISKS
6.1.1 The use of technology related to blockchain, smart contracts, and cryptocurrencies, among others, entails a risk that by accessing transactions, you are assuming. The DAO does not own or control any underlying software through which blockchain networks are formed. The software underlying blockchain networks are open-source so anyone can use, copy, modify, and distribute it. By using the Interface, you acknowledge and agree:
(a) That the DAO is not responsible for the operation of the open-source software and networks underlying the Interface;
(b) That there exists no guarantee of the functionality, security, or availability of that software and networks; and
(c) That the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as "forks," which may materially affect the Interface. You are responsible for securing your private key(s). We do not have access to your private key(s); losing control of your private key(s) will permanently and irreversibly deny you access to any blockchain-based network. Neither the DAO nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, you will not be able to transfer your digital assets to any blockchain address or wallet. If this occurs, you will not be able to realize any value or utility from the digital assets you may hold.
6.1.2. The DAO is not responsible for the content of any third party, including, but not limited to, information, materials, products, or services that the DAO does not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. The DAO does not endorse or assume any responsibility for such resources or promotions. Suppose you access any such resources or participate in any such promotions. In that case, you do so at your own risk and understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve the DAO of all liability arising from using such resources or participating in such promotions.
6.1.3. You understand that the Polygon (MATIC) blockchain remains under development, which creates technological and security risks when using the Interface, in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the Polygon (MATIC) blockchain is variable and may increase at any time, causing an impact on any activities taking place on these blockchains, which may result in price fluctuations or increased costs when using the Interface.
(a) Transactions entered into in connection with the Interface are irreversible and final, and there are no refunds. You acknowledge and agree that you will access and use the Interface at your own risk.
(b) We must comply with applicable law, which may require us to, upon request by government agencies, take certain actions or provide information that may not be in your best interests.
(c) You hereby assume and agree that the DAO will have no responsibility or liability for the risks in this Section 6. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the DAO, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors related to any of the risks set forth in this Section 6.
6.2. LIMITATION OF LIABILITY
6.2.1 You agree that you solely will make a decision either to use the services of the Website or not and at your own risk.
6.2.2 EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE DAO, ITS MEMBERS, OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WEBSITE'S RECORDS, PROGRAMS OR SERVICES.
6.2.3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to certain users provided the provisions of this section shall apply mutatis mutandis to the fullest extent permitted by applicable law.
6.2.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DAO (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT OF 100 (ONE HUNDRED) UNITED STATES DOLLARS OR EQUIVALENT IN LOCAL CURRENCY.
6.2.5. The DAO is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
7. Violation of Conditions
7.1. If you have violated the Terms, you are obliged to fully compensate the DAO for all costs or expenses, including judgmental enforcements and any other costs incurred by it.
7.2. You undertake to recoup the damages, and defend the interests of the DAO, its affiliates, and their respective companies, as well as their relevant officers, directors, and employees from any claims, demands, liabilities, damages, losses, costs, and expenses, including legal costs and any other costs that arise from the following reason:
7.2.1. Violation of Terms of use;
7.2.2. Violation of the law or the rights of the third parties;
7.2.3. Attempts to gain access to your account or services using your personal data by third parties, with or without your permission;
7.2.4. Acceptance of any winnings that were obtained this way.
7.3. If you violate the Terms, we reserve the right, but are not obliged to do the following:
7.3.1. To notify you (using your contact information) that you are violating the Terms and require you to stop violations;
7.3.2. To temporarily suspend paying operations to you so that you cannot avail services on the Website;
7.3.3. To block connection to your wallet, with or without prior notice.
8. Intellectual property rights
8.1. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets, and all other related proprietary rights in this Website are vested in the DAO and/or its licensors and the DAO and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products, or Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display, or transmission without the prior written consent of the DAO is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
8.2. The DAO hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names, or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third-Party materials are the properties of their respective owners. The DAO disclaims any proprietary interests in intellectual property rights other than its own.
8.3. If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
9. Change of Conditions
9.1. For various reasons, including legal (in accordance with new laws or regulations), commercial, and those related to improving customer service, the DAO reserves the right to edit, modify, and update Terms at any time without prior notice to the users. All new Terms and the date of coming into effect are available on the Website. Notification of all changes, supplements, and amendments is made by posting the updated Terms of Use on the Website. The user agrees to read the current Terms of Use and monitor their updates regularly.
9.2. In case you don't agree with the changes, you can stop using our Website and revoke relevant permissions granted through your wallet. Use of the Website after the changes enter into force will automatically be considered as acceptance of the renewed Terms of Use, regardless of whether you have been notified of all updates or have read the renewed Terms.
10. Your personal data
We comply with the data protection requirements in the way the Website uses any personal data, which was collected during the time you have used the Website. The Website processes any personal information provided by you only in accordance with the Privacy Policy.
11. Complaints and notifications
11.1. If you have complaints about the functionality of the Website, you should contact the support service as soon as possible to lodge a claim.
11.2. In the case of a disagreement, you agree that records on the server and all correspondence will be submitted as the final evidence in resolving the contentious issue.
12. Interpretation
The original text of the Terms of Use is in English, and any interpretation of it should be based on the original English text. If conditions, other documents, or notes related to it have been translated into any other language, the English version will be adhered to.
13. Transfer of rights and obligations
We have the right to transfer, assign, sublicense, or pledge the Terms of Use to any person (whole or partly).
14. Severability of the agreement
If any term, provision, covenant, or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, the remainder of the Terms of Use, provisions, covenants, and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants, and restrictions of the Terms of Use without including any of such that may be hereafter declared invalid, illegal, void, or unenforceable.
15. Third-Party Materials and websites
In order to use this Website, you may need to obtain and/or use certain third-party products (i.e. Devices), services, and/or materials (“Third-Party Materials”). Third-Party Materials are (i) not licensed hereunder; (ii) not under DAO’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third-Party Materials and prior to the effective use of this Website and/or Services. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third-Party Materials or to entitle You to use such Third-Party Materials.
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