Terms of Use
These Terms of Use ("Terms") govern your access to and use of the Tontine protocol, smart contracts, and interface deployed on the Celo blockchain (collectively referred to as the "Services"). The Services are provided by Datapex Ltd ("we", "us" or "our").
ARBITRATION NOTICE:
THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AND WE AGREE THAT DISPUTES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR CLASS-ACTION PARTICIPATION.
1. Protocol Overview and Services
Our decentralized savings protocol operates on the Celo blockchain, enabling transparent community-based savings through advanced smart contract technology. The protocol infrastructure consists of a comprehensive web interface integrated with supporting systems, all designed to maximize efficiency and security. Through strategic deployment of assets into DeFi lending protocols, we facilitate yield generation governed by transparent, programmatic rules embedded within our smart contracts.
The protocol's core functionality allows users to deposit cUSD, which is automatically allocated to various carefully selected DeFi mechanisms for yield generation. A key feature of our system is that participants maintain continuous access to their deposited assets, while yield distribution occurs systematically according to established protocol parameters. The entire process operates through autonomous smart contracts, ensuring consistent and unbiased execution without manual intervention.
2. Technical Requirements and Access Parameters
2.1 Digital Wallet Requirements
Access to our Interface requires integration with a non-custodial wallet system designed for blockchain interactions. This integration is governed by your wallet provider's terms of service, which operate independently of our protocol. It is crucial to understand that we maintain no custody or control over wallet contents, and therefore cannot assist in recovery or transfer operations. Your use of our Interface through wallet connection constitutes acceptance of these Terms.
2.2 Wallet Compatibility Standards
Participation in the protocol requires a wallet address fully compatible with our technical specifications and the Celo blockchain ecosystem. Users bear complete responsibility for ensuring their chosen wallet meets all compatibility requirements, maintains proper functionality, and remains up-to-date with necessary protocol standards.
2.3 Participation Incentives
Our protocol incorporates a dynamic reward structure tied to active participation and engagement. All reward mechanisms are thoroughly documented and operate according to transparent criteria. While reward distribution operates under these Terms and applicable regulations, we maintain the authority to adjust or discontinue any aspect of the reward system as protocol requirements evolve.
3. Restrictions and Termination
3.1 Access Restrictions
The security and integrity of our protocol requires strict access controls. We maintain full discretion to restrict or terminate access to the Services if we detect any suspicious or prohibited activities. This includes instances of money laundering, fraudulent behavior, or use of misappropriated funds. Furthermore, we are obligated to deny service to any individuals or entities subject to international sanctions, including those administered by OFAC, the UN Security Council, or the European Union. This restriction extends to users whose wallet addresses appear on sanctions lists such as the SDN List, as well as those located in sanctioned territories including, but not limited to, Côte d'Ivoire, Cuba, Belarus, Iran, Iraq, Liberia, North Korea, Sudan, and Syria. Any violation of these Terms will also result in immediate access termination.
3.2 Prohibited Activities
Our commitment to maintaining a secure and compliant protocol necessitates strict prohibition of certain activities. Users are expressly forbidden from utilizing our Services for any form of illegal activity, including money laundering, terrorism financing, or tax evasion. The protocol must not be exploited for unauthorized commercial purposes or subjected to technical interference through malicious code or reverse engineering attempts. We strictly forbid any unauthorized data collection, fraudulent behavior, or interference with other users' access to the Services. Any attempts to circumvent security measures, exploit smart contract vulnerabilities, or engage in anticompetitive conduct will result in immediate termination of access. These prohibitions are essential for maintaining the integrity, security, and legitimate operation of our protocol.
4. Risk Assumption
4.1 Technology Risks
The blockchain and smart contract technologies that power our Services represent cutting-edge but experimental technology. Users must understand that these technologies carry inherent risks that could result in significant technical failures or loss of assets. Smart contracts, despite rigorous testing, may contain vulnerabilities that could be exploited. Blockchain networks are subject to various forms of attacks, technical modifications, and potential failures. We explicitly disclaim any liability for losses resulting from these technological risks.
4.2 No Guarantee of Service
Users must acknowledge and accept that the Services may become temporarily or permanently inaccessible for various reasons beyond our control. The complex nature of blockchain technology means that technical malfunctions can occur at multiple levels of the system. Regular maintenance procedures are necessary to ensure security and functionality, which may result in service interruptions. The underlying blockchain infrastructure may experience congestion, causing delays or increased transaction costs. Third-party service providers, which are integral to the protocol's operation, may face their own technical difficulties or service interruptions. Network congestion on the Celo blockchain can significantly impact transaction processing times and costs. Additionally, security incidents, whether affecting our Services directly or related protocols, may necessitate temporary service suspension to protect user assets.
4.3 Use at Own Risk
By using our Services, you explicitly acknowledge the fundamental characteristics and risks of blockchain-based transactions. All transactions executed through the protocol are irreversible by design - once confirmed on the blockchain, they cannot be undone or modified. This finality means that transactions, including those made in error, cannot be reversed. The protocol does not offer refunds or transaction reversals under any circumstances. Asset values within the protocol are subject to significant market fluctuations, which can result in substantial gains or losses. The successful execution of transactions depends heavily on network conditions, including but not limited to block space availability, gas prices, and network congestion. Users must carefully consider their financial circumstances and risk tolerance before engaging with the protocol.
5. Disclaimers and Liability
5.1 Service Disclaimer
The Services, including all protocol features, smart contracts, and related technology, are provided strictly "as is" and "as available" without any warranties, whether express or implied. By using our Services, you acknowledge and accept that we bear no responsibility for any adverse outcomes that may arise during your use of the protocol. This includes, but is not limited to, any failures in smart contract execution, partial or complete loss of assets, security breaches or protocol exploits, network disruptions or congestion issues, technical malfunctions of any kind, or the actions of third-party service providers. We further disclaim any liability for market conditions or price fluctuations that may affect the value of your assets within the protocol.
5.2 Indemnification
You agree to fully indemnify, defend, and hold harmless our organization, including our officers, directors, employees, contractors, agents, affiliates, and subsidiaries, from any claims, damages, losses, or expenses (including legal fees) that arise from your interaction with our Services. This indemnification covers all aspects of your protocol usage, including any violations of these Terms, unauthorized access through your wallet or account, and disputes with other users or third parties. Your indemnification obligations extend to any claims related to your use of the protocol's features, participation in yield generation activities, or any other protocol-related actions you undertake.
5.3 Limitation of Liability
Under no circumstances will our organization or any of our affiliated parties be liable for any form of damages resulting from your use of the Services. This comprehensive limitation of liability encompasses any indirect, incidental, special, consequential, or punitive damages, regardless of whether we were advised of their possibility. Specifically, we assume no liability for lost profits or revenue, lost or corrupted data, service interruptions or failures, security breaches or unauthorized access, actions of third parties, smart contract malfunctions, or any market-related losses. This limitation applies to all aspects of protocol usage, whether arising from technical issues, user error, market conditions, or any other cause. Our position on liability remains the same whether claims are based on warranty, contract, tort, or any other legal theory.
6. Protocol Evolution and Updates
6.1 Terms Modifications
Our commitment to maintaining an effective and compliant protocol requires periodic updates to these Terms. Any modifications will be announced with a minimum 30-day notice period through our official communication channels. Your continued engagement with the protocol following such notifications constitutes acceptance of the updated Terms. We encourage users to regularly review these Terms to stay informed of any changes that may affect their protocol participation.
6.2 Protocol and Service Adaptations
The evolving nature of blockchain technology and financial markets necessitates our retention of broad discretion over protocol operations. We maintain the authority to implement necessary modifications to the Services, including temporary or permanent suspension of access when required for security or compliance purposes. This extends to the modification or termination of specific protocol features, updating technical requirements, and adjusting reward mechanisms to maintain protocol efficiency. All such changes are implemented with the sole purpose of enhancing protocol functionality and user security.
Contact Information
For inquiries regarding these Terms or protocol operations, please contact:
Datapex LtdPOD 2, the old Station House
15a main Street, Blackrock
A94T8P98, Ireland
For expedited response, please include relevant protocol details in all correspondence.