Terms of Services
TERMS OF SERVICES MEMORANDUM PROVISIONS
Please read carefully the following Terms of Service, which governs users' use and access of the website accessible at https://alium.finance/ (the "Site") and any of Alium's associated mobile applications, web applications, decentralized applications, smart contracts, APIs as further described below (collectively, the "Application(s)" or "App(s)" and, together with the Site, the "Services"). Currently, the Application provides self-hosted wallet services for Ethereum-based blockchains (the "Wallet"). Please also note that by using or accessing the Services, users agree to be bound by the given Terms. Also, by importing a Wallet, downloading or running our Application, or visiting our Site, users agree to the given Terms. The given Terms is a crucial document in understanding Alium Finance, Alium App/Site/Services, etc. If users do not agree to the given Terms, do not use or access the Site/Services/App/dApp.
Associated terminology used within the given Terms of Service: Alium Finance is referred to as "AliumSwap", "Alium Network", "Alium". "Users" and "users'" refer to anybody who accesses or uses, in any way, the Services/Site/App. If users are accessing or using the Services/Site/App on behalf of Alium (such as users' employers) or other legal entity, users represent and warrant that they have the authority to bind that entity to the given Terms and, in that case, "users" will refer to that entity as well. In case of any questions, please feel free to contact Alium Finance at [email protected]
ELIGIBILITY
If users use the Site, the Applications, and the Services, then said users state that they (a) are at least 18 years of age; (b) they do not violate any laws of users' jurisdiction by using the Site, the Applications, and the Services; (c) are not located, established or registered in any of the jurisdictions prohibited by international law.
Users may not use the Services/Site/App if users are otherwise barred from using the Services/Site/App under applicable law.
Users are solely responsible for adhering to all laws and regulations applicable to users and users' use or access of the Services/Site/App. If users' use or access of the Services/Site/App conflicts with any applicable law, rule, or regulation, users may not use the Services/Site/App.
Alium Finance makes no representations or warranties that the information, products, or services provided through our Services/Site/App, or our Content (defined below), are appropriate for access or use in other jurisdictions. Users are not permitted to access or use our Services/Site/App in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject Alium Finance to the laws of, or any registration requirement with, such jurisdiction. Alium Finance reserves the right to limit the availability of our Services/Site/App or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion. Users agree not to access the Services/Site/App using any technology for the purposes of circumventing the given Terms.
SERVICES
The Services provide a user interface that displays price information on Virtual Currency and otherwise facilitates users' ability to execute Virtual Currency transactions with other users. Alium is not in any way involved in any such transactions even when the Services are used in any way to execute the transaction. All transactions related to the Services are executed outside of Alium's direct or indirect control. Alium Finance does not interact with the Virtual Currency involved at any stage of the transaction.
The Services include a user interface that enables access to an online, decentralized and autonomous protocol and environment that renders price information and autonomous smart contract mechanisms of digital tokens or digital assets ("Virtual Currency"), and provides facilitation of liquidity pools for market-making and decentralized lending via tokenization of peer to peer loans, provides API-raw execution Virtual Currency data.
Alium Finance is primarily a developer of the software. While the Services provide an interface to submit instructions to other Alium users to effectuate Virtual Currency transactions, all the transactions performed via the Services are executed peer-to-peer directly between the users' digital wallets through a smart contract. Users’ use of the Services is at users' own risk and solely at users' sole discretion. AliumSwap does not operate a virtual currency or derivatives exchange platform or offer trade execution or clearing services. Alium Finance has no oversight, involvement, or control with respect to users' Virtual Currency or related transactions, including instructions made through the Services. Furthermore, AliumSwap does not transfer, transmit, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Virtual Currency, security, financial instrument, or other digital or physical assets, and transactions are performed on the third-party platforms, subject to any associated third party terms.
Alium is also a software that (a) has the ability to access information about the balance on users' wallets solely at users' request and (b) facilitates the submission of Virtual Currency transaction data to Ethereum-based blockchains without requiring users to download or install the associated Ethereum-based software to users' local device.
Alium Network reserves the right in our sole and absolute discretion to make changes to how Alium Network operates and provides our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating users' access to any or all portions of our Services. Some of our Services may be subject to additional terms and conditions, which are posted separately from the given terms but are incorporated and form a part of the given Terms if users decide to use or access those features.
USE OF SERVICES
AliumSwap does not control users' transactions and stops a transaction or attempts to reverse a transaction after it occurred. There are some strict rules: do not in any way harm Alium, Site, Applications, Services, or other users. Also, users are ultimately responsible for any transactions relevant to the Services/Site/App. Please review, obtain, or otherwise seek additional information or support before a virtual currency transaction.
By using or accessing the Services/Site/App, users represent and warrant that they understand that there are inherent risks associated with Virtual Currency and the underlying technologies including, without limitation, cryptography and blockchain, and users agree that the Alium is not responsible for any losses or damages associated with the given risks. Users specifically acknowledge and agree that the Services/Site/App facilitates users' interaction with decentralized networks and technology and, as such, Alium Network has no control over any blockchain or Virtual Currencies and cannot and does not ensure that any transaction details users submit or receive via our Services/Site/App will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding users' transactions.
Users agree to (a) keep users' secret information and password confidential and do not share them with anyone else and (b) immediately notify Alium of any unauthorized use of users' accounts or breach of security.
Without limiting the foregoing, users specifically understand and hereby represent users' acknowledgment of the following:
As software developers, Alium Network is not licensed by any federal or other regulatory agency. The pricing information provided through the Services/Site/App does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with AliumSwap.
Alium Finance does not act as an agent for any of the users.
Alium does not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation.
Users are solely responsible for reporting and paying any taxes applicable to users' use of the Services/Site/App. Although it is intended to provide accurate and timely information on the Site, the Application or relevant tools may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. Accordingly, users should verify all information before relying on it, and all decisions based on information contained on the Site, the Applications, or relevant tools are users' sole responsibility.
Alium cannot and will not be liable for any loss or damage arising from users' failure to comply with Sections 3 and 4.
To allow other users to have a complete and positive experience of using the Services/Site/App, users agree that users will not use the Services/Site/App in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
Is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of users' wallets or anyone else's (such as allowing someone else to log in to the Services/Site/App as users);
Attempts, in any manner, to obtain the private key, password, account, or other security information from any other user, including such information about the digital wallet;
Violates the security of any computer network, cracks any passwords or security encryption codes; or
Decompiles, reverse engineers, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services/Site/App.
As it has been already stated, Alium Finance only provides users with the relevant interface and software, and neither has control over users' transactions nor encourages users to perform any. Any transaction performed by users via the Services/Site/App remains the users' sole responsibility. However, if users, at users' sole discretion, decide to perform a transaction, Alium Network would like to friendly advice users to be aware of the following:
Before performing Virtual Currency transactions, it is worth (a) having the necessary technical expertise and ability to evaluate the secure operation of users' digital wallets or any use of our Services/Site/App; (b) having the knowledge and information to solely evaluate the risks and compliance requirements under applicable laws of any use of users' wallet or the Services/Site/App, as well as any risks associated with the Virtual Currencies generally.
The transaction details users submit via the Services/Site/App may not be completed or may be substantially delayed by the relevant blockchain used to process the transaction. There are no warranties or guarantees that a transfer initiated on the Services/Site/App will successfully transfer title or right in any Virtual Currency. Once transaction details have been submitted to a blockchain, Alium Finance cannot help users cancel or otherwise modify users transaction or transaction details. If users experience any problem with any Virtual Currency purchased from or sold to a third party through the Services/Site/App, users bear the entire risk. Decisions to buy, sell, hold or trade in Virtual Currencies risk and are best made based on the advice of qualified financial professionals.
Any trading in Virtual Currencies involves a risk of substantial losses. Before undertaking any transactions, users should consult a qualified financial professional. Please consider carefully whether such trading is suitable for users in light of users' financial condition and ability to bear financial risks. Under no circumstances shall Alium Finance be liable for any loss or damage users or anyone else incurs as a result of any trading or investment activity that users or anyone else engage in based on any information or material users receive through Alium or our Services/Site/App.
DISCLAIMERS
Users understand and agree that Alium Finance is a software developer and provider of software services and does not custody, control, or manage user funds in any manner whatsoever. The Services enable access to an online, decentralized, and autonomous protocol and environment and associated decentralized networks that the Alium does not control. Alium Finance does not have access to users' private keys and cannot initiate a transfer of cryptocurrency or otherwise access users' Virtual Currency. Alium Finance is not responsible for any activities users engage in when using users' wallets or the Services, including the Site and the Applications. Alium Finance is not responsible for any activities users engage in when interacting with the smart-contracts.
Alium cannot and does not represent or guarantee that any of the information available through our Services/Site/App is accurate, reliable, current, complete, or appropriate for users' needs. The information displayed through the Services/Site/App and information about prices, Liquidity, and Lending Pools is provided by third parties and/or calculated for informational purposes. Users' use of any third-party scripts, indicators, ideas, and other Content is at users' sole risk.
Alium Finance provides no representations or warranty as to the Service and Content. Users expressly understand and agree that users' use of the Services/Site/App is at users' sole risk. Alium Finance makes and expressly disclaims all representations and warranties, express, implied, or statutory, and with respect to the Services/Site/App and the code proprietary or open-source, Alium Finance specifically does not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. Alium Finance does not represent or warrant that the Services/Site/App, code, and any related information are accurate, complete, reliable, current, or error-free. The Services (including the App and the Site) are provided on an "as is'' and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Users acknowledge that Alium has no control over, and no duty to take any action regarding which users gain access to or use the Services/Site/App; what effects the Content may have on users; how users may interpret or use the Content; or what actions users may take as a result of having been exposed to the Content. Users release Alium from all liability for users having acquired or not acquired Content through the Services/Site/App. Alium makes no representations concerning any Content contained in or accessed through the Services/Site/App. Alium will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services/Site/App.
Alium Finance is not responsible for transferring, safeguarding, or maintaining users' private keys.
Users acknowledge that Alium is not responsible for transferring, safeguarding, or maintaining users' private keys or any Virtual Currency associated therewith. If users lose, mishandle, or have stolen associated Virtual Currency private keys, users acknowledge that users may not be able to recover associated Virtual Currency and that Alium is not responsible for such loss. Users acknowledge that Alium is not responsible for any loss, damage, or liability arising from users' failure to comply with the terms hereunder.
Blockchain applications are code subject to flaws, and Alium Finance does not provide any warranties on the security of such applications.
Users further acknowledge that blockchain applications are code subject to flaws and acknowledge that users are solely responsible for evaluating any code provided by the Services/Site/App or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content users access or use through the Services/Site/App. Users further expressly acknowledge and represent that blockchain applications can be written maliciously or negligently, that Alium cannot be held liable for users' interaction with such applications and that such applications may cause the loss of property or even identity. The given warning and others later provided by Alium in no way evidence or represent an ongoing duty to alert users to all of the potential risks of utilizing the Services/Site/App or Content. Alium Finance is doing our best, but Alium Finance does not warrant that the Services/Site/App will be uninterrupted.
To the maximum extent permitted under Applicable Law, the Site, the Applications, and the Services (and any of their Content or functionality) provided by or on behalf of Alium Finance are provided on an "AS IS" and "AS AVAILABLE" basis, and Alium Finance expressly disclaims, and users hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, Alium Finance does not represent or warrant that the Site, the Applications, or the Services (including any related data) will be uninterrupted, available at any particular time, or error-free. Further, Alium Finance does not warrant that errors in the Site, the Applications, or the Service are correctable or will be corrected.
INDEMNIFICATION
Users agree to hold harmless, release, defend, and indemnify Alium Finance and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from (a) users' access to and use of the Services/Site/App; (b) users' violation of the given Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Services/Site/App with users' assistance or using any device or account that users own or control.
LIMITATION OF LIABILITY
Users expressly understand and agree that Alium and our affiliates and service providers, and their respective officers, directors, agents, joint ventures, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including without limitation damages for loss of goodwill, use, data, or other intangible losses (even if Alium has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the access, use or the inability to access or use the Services/Site/App; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services/Site/App; (iii) unauthorized access to or alteration of user's transmissions or data; or (iv) any other matter relating to the Services/Site/App. In no event will Alium's aggregate liability arising out of or in connection with the Services and/or the Site and/or the Applications exceed the amount of fees paid by users to Alium Finance in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
INTELLECTUAL PROPRIETARY RIGHTS
The Site, the Applications and information, data, text, images, written posts and comments, software, scripts, maps, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services/Site/App, features and functionality (including but not limited to all information, software, scripts, algorithms, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material, and subject to copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Alium Exchange and associated names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Alium or its affiliates or licensors (if and as applicable). Users must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Alium Finance website are their respective owners' trademarks.
Alium Finance grants users limited, non-exclusive, revocable permission to make use of the App and some of the Services (collectively, "Access"). The given access shall remain in effect until and unless terminated by users or Alium Finance. Users promise and agree that users will not redistribute or transfer the Services/Site/App. The Alium software application, including without limitation the App/Site and some of the Services, are not sold or transferred to users, and Alium and its licensors retain ownership of all copies of the software applications even after installation on users' personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices"). All trademarks, service marks, trade names, logos, domain names, and any other Alium brand features are the sole property of Alium or its licensors. The Terms do not grant users any rights to use any Alium brand features, whether for commercial or non-commercial use. Users agree to abide by our User guidelines and not to use the Services/Site/App or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to users in the Terms, Alium grants no right, title, or interest to users in the App/Site or some of the Services. Third-party software (for example, open-source software libraries) included in the Services/Site/App (if applicable) are made available to users under the relevant third-party software library's license terms.
Notwithstanding anything herein to the contrary, nothing in the given Terms entitles users to copy, modify, fork, merge, combine with another program or create a derivative work of the Services/Site, including without limitation the App.
License restrictions. Except as expressly set out in the given Terms or as specifically permitted by any local law, users agree: not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by users during such activities: undefined not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from Alium; and to comply with all technology control or export laws and regulations that may apply to the technology used or supported by the App or any Service.
CHANGES
Alium Finance may amend any portion of the given Terms at any time by posting the revised version of the given Terms with an updated revision date. The changes will become effective and shall be deemed accepted by users the first time users use or access the Services/Site/App after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to users' use of the Services/Site/App including any transactions initiated after the posting date. In the event that users do not agree with any such modification, users' sole and exclusive remedy is to terminate users' use of the Services/Site/App.
The Services/Site/App (if applicable) provides links to other World Wide Web or accessible sites, applications, or resources provided by third parties. Because Alium Finance has no control over such sites, applications, and resources, users acknowledge and agree that Alium Finance is not responsible for the Content and availability of such external sites, applications, or resources. Alium Finance does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, applications, or resources.
The given Terms (and any additional terms, rules, and conditions of participation that may be posted on the Site and/or Applications) constitute the entire agreement with respect to the Services and Site and supersedes any prior agreements, oral or written. In the event of a conflict between the given document of Terms and the additional terms, rules, and conditions of participation, the latter will prevail over the given Terms to the extent of the conflict. Upon termination of the given Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
The captions identifying the various sections and subsections of the given Terms are for reference only and do not define, modify, expand, or limit any of the provisions of the given Terms and shall not affect the interpretation of the given Terms.
DISCLAIMER OF LIABILITY
To the maximum extent permitted by the applicable laws, regulations, and rules, Alium Finance shall not be liable for any indirect, special, incidental, consequential, or other losses of any kind, in tort, contract, or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on the given Memorandum or any part thereof by users. By using or accessing the Services/Site/App, users represent to Alium Finance that users are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or excluded or denied persons, including but not limited to the lists maintained by the United Nations Security Council, the European Union or its Member States, or any other government authority.
Alium does not onboard corporate accounts of entities or personal accounts located in, established in, or a resident of Afghanistan, Central Africa Republic, Democratic Republic of the Congo, Democratic People's Republic of Korea, Eritrea, Guinea-Bissau, Iran, Iraq, Libya, Somalia, South Sudan, Sudan, Syria, Yemen, Trinidad, Tobago, Tunisia, Vanuatu, Bosnia and Herzegovina, Ethiopia, People Republic of China (excepting Hong-Kong, Macao and Taiwan)
NO REPRESENTATIONS AND WARRANTIES
Alium Finance does not make or purport to make, and hereby disclaims any representation, warranty, or undertaking in any form whatsoever to any entity or person, including any representation, warranty, or undertaking in relation to the truth, accuracy, and completeness of any of the information set out in the given Memorandum.
CAUTIONARY NOTE ON FORWARD-LOOKING STATEMENTS
All statements contained in the given Memorandum made in press releases or in any place accessible by the public, and oral statements that may be made by Alium Finance or their respective directors, executive officers, or employees acting on behalf of Alium Finance (as the case may be), that are not statements of historical fact, constitute "forward-looking statements." Some of the given statements can be identified by forward-looking terms such as "aim", "target", "anticipate", "believe", "could", "estimate", "expect", "if", "intend", "may", "plan", "possible", "probable", "project", "should", "would", "will" or other similar terms. However, the given terms are not the exclusive means of identifying forward-looking statements. All statements regarding Alium Finance's financial position, business strategies, plans and prospects, and the future prospects of the industry in which Alium Finance is in are forward-looking statements. The given forward-looking statements, including but not limited to statements as to Alium Finance's revenue and profitability, prospects, future plans, other expected industry trends, and other matters discussed in the given Memorandum regarding Alium Finance, are matters that are not historical facts, but only predictions. The given forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause the actual future results, performance, or achievements of Alium Finance to be materially different from any future results, performance, or achievements expected, expressed, or implied by such forward-looking statements. The given factors include, amongst others:
(a) changes in political, social, economic, and stock or cryptocurrency market conditions, and the regulatory environment in the countries in which Alium Finance conducts its respective businesses and operations; (b) the risk that Alium Finance may be unable or execute or implement their respective business strategies and future plans; (c) changes in interest rates and exchange rates of fiat currencies and cryptocurrencies; (d) changes in the anticipated growth strategies and expected internal growth of Alium Finance; (e) changes in the availability and fees payable to Alium Finance in connection with their respective businesses and operations; (f) changes in the availability and salaries of employees whom Alium Finance requires to operate their respective businesses and operations; (g) changes in preferences of customers of Alium Finance; (h) changes in competitive conditions under which Alium Finance operate, and the ability of Alium Finance to compete under such conditions; (i) changes in the future capital needs of Alium Finance and the availability of financing and capital to fund such needs; (j) war or acts of international or domestic terrorism; (k) occurrences of catastrophic events, natural disasters, and acts of God that affect the businesses and/or operations of Alium Finance; (l) other factors beyond the control of Alium Finance;
All forward-looking statements made by or attributable to Alium Finance or persons acting on behalf of Alium Finance are expressly qualified in their entirety by such factors. Given that risks and uncertainties may cause the actual future results, performance, or achievements of Alium Finance to be materially different from that expected, expressed, or implied by the forward-looking statements in the given Memorandum, undue reliance must not be placed on the given statements. The given forward-looking statements apply only to the given Memorandum's date.
Neither Alium Finance nor any other person represents, warrants, and/or undertakes that the actual future results, performance, or achievements of Alium Finance will be as discussed in those forward-looking statements. The actual results, performance, or achievements of Alium Finance may differ materially from those anticipated in the given forward-looking statements.
Nothing contained in the given Memorandum is or may be relied upon as a promise, representation, or undertaking to Alium Finance and/or the Distributor's future performance or policies.
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