Terms & Conditions

Welcome to https://dexani.io, a website-hosted user interface (the “Interface” , “App”, "Service") provided by Dexani Inc. (“COMPANY”, “we”, “our”, or “us”). The Interface provides access to decentralized protocols on the public blockchains(such as Ethereum) that allows users to perform certain actions with digital assets or Virtual Currencies.

This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully.

By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface.

IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE SERVICES, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

TLDR:

We do not have control over your transactions and cannot stop or reverse them after they occur, if we even wanted to.
You are responsible for any transactions made through our services.
It is important to carefully review and seek additional information before making any transactions with virtual currencies, as there are inherent risks involved.
By using our services, you acknowledge and agree that you understand the risks associated with virtual currencies and their underlying technologies, and that we are not responsible for any losses or damages that may result.
Our services facilitate interactions with decentralized networks and technology, and we have no control over blockchains or virtual currencies. We cannot guarantee that your transaction details will be confirmed on the relevant blockchain and do not have the ability to cancel or modify transactions.

Modification of this Agreement

We reserve the right to make changes to this agreement at any time. If we make any changes, we will let you know by updating the date at the top of this agreement and by posting the revised version on our website at https://dexani.io/terms-of-service. Any changes will take effect as soon as they are posted, and your continued use of our platform will be taken as acceptance of the revised terms. If you do not agree to any changes we make, you must stop using our platform immediately.

Eligibility

To access or use our platform, you must be able to enter into legally binding agreements with us. This means that you must be of legal age and have the legal capacity to enter into contracts in your jurisdiction. You must also have the full right, power, and authority to enter into and comply with these terms of service on behalf of yourself or any company or legal entity you represent.

Additionally, you must not be a citizen or resident of a jurisdiction that is subject to economic sanctions by the United States or where using our platform would be illegal or violate any laws. You also agree to use our platform in compliance with all applicable laws and regulations, and not for any illegal activities. This means that you will not use our platform to conduct, promote, or otherwise facilitate any illegal activity, or to violate any laws or regulations.

Proprietary Rights

We own all intellectual property and other rights in the platform and its contents, including but not limited to software, text, images, trademarks, service marks, copyrights, patents, and designs. This means that we have the exclusive right to use and control these assets. Unless we specifically authorize it, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or allow any third party to access or use the platform or its contents. This includes any unauthorized reproduction, distribution, or modification of our platform or its contents.

If you are eligible to use the platform, we grant you a personal, non-exclusive, non-transferable license to access and use it. This means that you can use the platform for your own purposes, but you do not have the right to transfer this license to anyone else or to use the platform on behalf of anyone else. This license can be freely revoked by us at any time without notice or reason. If we revoke your license, you must immediately stop using the platform.

Using the platform or its contents for any purpose not specifically allowed by this agreement is strictly prohibited. This includes any use that violates any laws, regulations, or the terms of this agreement.

The protocol is made up of open-source software that runs on the public Ethereum blockchain and is not our proprietary property. This means that the source code for that protocol is publicly available and can be freely used, modified, and distributed by anyone. However, our platform and its contents, including but not limited to software, text, images, trademarks, service marks, copyrights, patents, and designs, are our proprietary property and are protected by intellectual property laws.

Privacy

We are committed to protecting your privacy and take it seriously. We will comply with valid subpoena requests, but we will carefully review each request to ensure that it follows the law and respects your privacy rights and that it comports with the spirit and letter of the law. If we believe that a request is invalid, overbroad, or unconstitutional, we will no hesitate to challenge it as appropriate.

We use reasonable measures to protect the integrity and security of your personally identifiable information (PII) and aggregate data. However, we cannot guarantee that unauthorized third parties will never be able to access or use your PII or aggregate data improperly. The internet and cybersecurity risks are constantly evolving, and we cannot control or prevent all potential threats. By using our platform, you acknowledge and understand that there are inherent risks associated with sharing your PII and aggregate data online, and you choose to do so at your own risk.

By accessing and using our platform, you also understand and consent to our collection, use, and disclosure of your PII and aggregate data in accordance with this agreement and our privacy policy. We may collect, use, and disclose your PII and aggregate data for various purposes, such as to provide you with our services, to improve our platform, to communicate with you, to protect our rights and interests, and to comply with legal obligations. Please refer to our privacy policy for more information on how we collect, use, and disclose your PII and aggregate data.

Prohibited Activities

When using our platform, you agree not to engage in any activity that could harm our business or the interests of our users, or that could violate any applicable laws, rules, or regulations. In particular, you agree not to engage in, or attempt to engage in, any of the following prohibited activities:

Infringement of intellectual property rights. You agree not to engage in any activity that infringes on or violates someone else's intellectual property rights. These rights may include copyrights, trademarks, service marks, patents, right of publicity, right of privacy, and other proprietary or intellectual property rights recognized under the law. For example, you may not use someone else's copyrighted material without their permission, or use someone else's trademark in a way that could confuse or mislead others.
Cyberattacks. You agree not to engage in any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system. This includes, but is not limited to, deploying viruses, worms, trojans, or other malicious software, and conducting denial of service attacks or other forms of cybercrime.
Fraud and misrepresentation. You agree not to engage in any activity that seeks to defraud us or any other person or entity by providing false, inaccurate, or misleading information. This includes, but is not limited to, providing false or fake identification documents, creating fake accounts or profiles, or using someone else's identity or personal information without their consent.
Market manipulation. You agree not to engage in any activity that violates any applicable laws, rules, or regulations regarding the integrity of trading markets. This includes, but is not limited to, the manipulative tactics known as spoofing and wash trading, which seek to artificially inflate or deflate the price of a security or asset.
Any other unlawful conduct. You agree not to engage in any activity that violates any applicable laws, rules, or regulations of the United States or any other relevant jurisdiction. This includes, but is not limited to, the restrictions and regulatory requirements imposed by U.S. law

No Professional Advice

It is important to note that the information provided by our platform is for informational purposes only, and should not be treated as professional advice. This means that you should not rely on the information provided by our platform as the sole basis for making any financial, legal, or other decisions. Instead, you should use the information provided by our platform as a starting point for your own research and analysis, and seek additional guidance and advice from qualified professionals before making any final decisions.

It is also important to note that the financial, legal, and other landscapes in which our platform operates can be complex and constantly evolving, and that different individuals and organizations may have different needs, goals, and risk tolerances. As such, the information provided by our platform may not be suitable or appropriate for all users, and you should carefully consider your own circumstances and seek appropriate advice before making any decisions involving our platform.

By accessing and using our platform, you acknowledge and agree that we are not responsible for any losses or damages that may arise from your reliance on the information provided by our platform, or from any decisions you may make based on such information. We encourage you to seek independent professional advice before making any financial, legal, or other decisions involving our platform, and to carefully consider your own needs, goals, and risk tolerances before making any such decisions.

No warranties

Please note that the use of our platform is at your own risk. This means that we do not make any representations or warranties of any kind regarding the availability, reliability, timeliness, security, or accuracy of our platform, or the information, content, or services provided through our platform.

We provide our platform on an "AS IS" and "AS AVAILABLE" basis, meaning that we do not guarantee that our platform will meet your specific needs or expectations, or that it will be available at all times without interruption or error. We also do not guarantee that our platform will be free from defects, viruses, or other harmful elements, and we are not responsible for any losses or damages that may arise from your use of our platform or your reliance on the information, content, or services provided through our platform.

We also do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning our platform or the products, services, or other offerings that may be featured on our platform. It is your responsibility to carefully evaluate such advertisements, offers, and statements, and to seek independent advice and guidance before making any decisions or taking any actions based on such advertisements, offers, or statements.

Finally, please note that we do not provide any representations or warranties of any kind regarding the functionality, performance, or security of the blockchain protocols or virtual currencies that may be accessed or used through our platform. You should carefully evaluate the risks and potential rewards associated with such protocols and currencies, and seek independent advice and guidance before making any decisions or taking any actions involving them.

No Fiduciary Duties

This Agreement is not intended to, and does 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.

Compliance Obligations

We want to make sure that our users understand their obligations when it comes to complying with the laws and regulations that apply to them. By accessing or using the Interface, you are acknowledging that it is your responsibility to ensure that you are following all applicable laws and regulations. Please note that the Interface is currently solely intended for use by individuals, companies, and other entities that are eligible to compliantly interact with the interface within their jurisdictions. If you are a citizen, resident, or member of a jurisdiction or group that is subject to economic sanctions by the United States, or if your use of the Interface would be illegal or otherwise violate any applicable law, you are not permitted to use the Interface. We want to ensure that our users are able to use the Interface safely and responsibly, so we ask that you carefully consider these requirements before accessing or using the Interface.

Assumption of risk

By accessing and using the Interface, you acknowledge and agree that you understand the inherent risks associated with using cryptographic and blockchain-based systems, including the volatility of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly unpredictable and can fluctuate significantly due to a variety of factors, including (but not limited to) adoption, speculation, technology, security, and regulation.

You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum may vary widely and can increase significantly at any time. You also understand that there is a risk that your digital assets may lose value while they are supplied to the Protocol. If you borrow digital assets from the Protocol, you will be required to supply digital assets of your own as collateral. If the value of your collateral declines to the point where it is no longer sufficient to secure the amount that you borrowed, others may interact with the Protocol to seize your collateral in a liquidation event.

You acknowledge that the provider of the Interface is not responsible for any of these risks and that you are solely responsible for evaluating and understanding the risks associated with accessing and using the Interface and interacting with the Protocol. By accessing and using the Interface, you agree to assume full responsibility for any losses you may incur as a result of your interactions with the Protocol. You also acknowledge that the provider of the Interface does not own or control the Protocol and is not liable for any losses or damages you may suffer while accessing or using the Interface or interacting with the Protocol.

Third Party Resources and promotions

The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that are not owned or controlled by the provider of the Interface. These resources may include websites, apps, or other online platforms. In addition, third parties may offer promotions or other opportunities related to your access and use of the Interface.

The provider of the Interface does not endorse or assume any responsibility for any of these third-party resources or promotions. If you access any such resources or participate in any such promotions, you do so entirely at your own risk. You understand that this Agreement does not apply to your dealings or relationships with any third parties, and you acknowledge that the provider of the Interface is not responsible for any losses or damages you may incur as a result of your access to or use of these resources or participation in these promotions. You expressly relieve the provider of the Interface of any and all liability arising from your use of any third-party resources or participation in any promotions.

Release of claims

You expressly agree that you assume all risks in connection with your access and use of the Interface 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 Protocol. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnity

By accessing and using the Interface, you agree to hold harmless, release, defend, and indemnify the provider of the Interface and its affiliates, subsidiaries, officers, directors, employees, contractors, agents, and other representatives from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) Your access and use of the Interface, including any violation of this Agreement or any other applicable law, rule, or regulation. (b) Your violation of the rights of any third party, including any intellectual property rights or other proprietary rights. (c) 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 understand and agree that you are solely responsible for your actions while accessing and using the Interface, and that the provider of the Interface is not responsible for any losses or damages you may incur as a result of your access and use of the Interface. You acknowledge that the provider of the Interface has no control over the actions of other parties, and that you are solely responsible for any losses or damages you may suffer as a result of their actions. You agree to indemnify and hold the provider of the Interface harmless from any claims, damages, or expenses arising from the actions of any third party.

Limitation of liability

By accessing and using the Interface, you acknowledge and agree that under no circumstances shall the provider of the Interface or any of its affiliates, subsidiaries, officers, directors, employees, contractors, agents, or other representatives be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface. We will not be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it.

We assume no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage of any nature whatsoever resulting from any access or use of the Interface; unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; interruption or cessation of function related to the Interface; bugs, viruses, trojan horses, or similar harmful software that may be transmitted to or through the Interface; errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; or the defamatory, offensive, or illegal conduct of any third party.

Under no circumstances shall we or any of our affiliates, subsidiaries, officers, directors, employees, contractors, agents, or other representatives be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Interface, or $0.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability.

You understand and agree that the exclusions and limitations of liability set forth in this Agreement are fundamental elements of the basis of the bargain between you and the provider of the Interface, and that the Interface would not be provided to you absent such exclusions and limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the exclusions and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

Dispute Resolution

If a potential dispute arises in relation to the Interface, this Agreement, or any other actions or omissions for which you may contend that the provider of the Interface is liable (referred to in this Agreement as a "Dispute"), we will make our best efforts to resolve the Dispute through informal, good faith negotiations. If you wish to initiate this process, you must contact us by sending an email to info@dexani.io, explaining the nature of the Dispute. We will make reasonable efforts to resolve the Dispute through informal negotiations within sixty days of receiving your email.

If we are unable to resolve the Dispute informally within sixty days, you and the provider of the Interface agree to resolve the Dispute through binding arbitration in accordance with the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes through arbitration and that arbitration will be held on a confidential basis before a single arbitrator, who will be selected in accordance with the JAMS rules. The arbitration will be held at a location decided by the provider of the Interface, unless you and the provider of the Interface both agree to hold it elsewhere. Unless the provider of the Interface and you agree otherwise, the arbitrator may not consolidate your claims with those of any other party.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You acknowledge and agree that this arbitration provision is intended to be broadly interpreted, and that it includes any and all Disputes arising out of or relating to the Interface, this Agreement, or any other actions or omissions for which you may contend that the provider of the Interface is liable.

Class Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

Governing Law

You agree that the laws of the State of Wyoming, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the State of Delaware, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of Delaware. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the provider of the interface will determine the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement’s binding arbitration clause is found to be unenforceable.