Terms & conditions
Document version: v1Date: 25/9/2022
Please read these terms and conditions (“Terms and Conditions”) carefully before accessing, interacting with, or using the Axo protocol software, consisting of the Axo protocol technology stack (in particular its smart contracts) as well as any other Axo technology available (together the “Axo Protocol”), and/or the website www.axo.trade including any accompanying documentation (together the “Website”). By accessing, interacting with, or using the Axo Protocol and/or the Website, the user (“User”) agrees to all terms laid out in these Terms and Conditions.
These Terms and Conditions relate to the use of the Axo Protocol and the Website. The Axo Protocol is a decentralized peer-to-peer protocol that enables Users to trade cryptographic tokens, including through the use of programmable swaps, and to potentially make use of further features in the future. The Axo Protocol consists of a set of smart contracts deployed to the Cardano blockchain. Any and all functionalities of the Axo Protocol are of a purely technical nature, and there is no claim towards any private individual or legal entity in this regard.
The content of the Website is purely informational. In particular, none of the content of the Website shall be understood as any kind of financial or other advice provided by the Decentralized Financial Innovation Association (the “Association”) or any other third party, nor does the Association or any other third party warrant the actuality and accuracy of the information on the Website.
These Terms and Conditions may be modified from time to time and as indicated by the version and date at the top of these Terms and Conditions. All modifications will be effective when posted, and the continued access or use of the Axo Protocol and/or the Website will serve as confirmation of acceptance of those modifications. Any User not agreeing to any modifications to these Terms and Conditions must immediately stop accessing and using the Axo Protocol and/or the Website.
2. No Relationship to the Decentralized Financial Innovation Association
The Axo Protocol runs in a decentralized and autonomous manner on the Cardano network. The Association is neither directly involved nor in any way responsible for the operation, running, or functioning of the Axo Protocol and/or any of the interactions, collaborations, or factual relationships between Users and the smart contracts of the Axo Protocol. The Association does not control and/or influence any corresponding transactions, deposits, and/or allocations made by the Users and the involved smart contracts using the Axo Protocol. In particular, the Association has not and will not enter into any legal or factual relationship with any User of the Axo Protocol.
3. Exclusion of liability and warranty
THE ASSOCIATION IS NOT LIABLE TO ANY USER FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, IN CONNECTION WITH THE USE OR INABILITY TO USE THE AXO PROTOCOL SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF THE AXO TOKEN OR ANY OTHER TOKEN, ALLOCATION OR NON-ALLOCATION OF FEES, LOSS OF DATA, BUSINESS INTERRUPTION, DATA BEING RENDERED INACCURATE OR OTHER LOSSES SUSTAINED BY A USER OR THIRD PARTIES RELATED TO THE AXO PROTOCOL AND/OR ANY ACTIVITY OF A POSSIBLE THIRD-PARTY FRONTEND OPERATOR OR A FAILURE OF THE AXO PROTOCOL TO OPERATE WITH ANY OTHER SOFTWARE). The User agrees and understands that all trades and other actions you submitted through the Axo Protocol are unsolicited, which means that the User did not receive any investment advice neither from the Association in connection with any trades, and no suitability review or similar of any submitted trades is conducted.
As the Axo Protocol is of experimental nature, it may contain bugs, defects, or errors (including any bug, defect, or error relating to or resulting from the display, manipulation, processing, storage, transmission, or use of data) that may materially and adversely affect the use, functionality, or performance of the Axo Protocol or any product or system containing or used in conjunction with the Axo Protocol.
THE AXO PROTOCOL HAS BEEN PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE AXO PROTOCOL SOFTWARE IS EXPERIMENTAL AND ANY AXO OR OTHER TOKEN SENT, STAKED, DEPOSITED OR SIMILAR TO THE AXO PROTOCOL IS AT RISK OF BEING LOST INDEFINITELY, WITHOUT ANY KIND OF CONSIDERATION.
Further, as the Axo Protocol is built on the Cardano network, its proper functioning depends on the Cardano network, and any transaction incurs transaction fees.
4. Usage of the Axo Protocol / Restricted countries
Any usage of the front end made available through the Website lies in the User’s sole responsibility. The User understands and agrees that the front end is made available solely to simplify accessing the Axo Protocol but is not technically required to access the Axo Protocol. The Association may, at some point in the future, make infrastructure available allowing third parties to build and operate a front end for the Protocol. In such a case, the Association will not enter into any form of cooperation with third party front end providers. Any possible information about third party front-end providers on the Website is for purely informational purposes only, does not constitute any kind of endorsement, and the Association does not make any statement regarding the technical functionality and/or trustworthiness of any mentioned third party front end provider. The use of any front end lies in the User’s sole responsibility and must be made carefully.
Users located, incorporated, or otherwise established in, or a citizen of, the following jurisdictions are prohibited from using the Axo Protocol: BELARUS, THE CENTRAL AFRICAN REPUBLIC, THE DEMOCRATIC REPUBLIC OF CONGO, THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, THE CRIMEA REGION OF UKRAINE, CUBA, IRAN, LIBYA, SOMALIA, SUDAN, SOUTH SUDAN, SYRIA, THE USA, YEMEN, AND ZIMBABWE or any other jurisdiction in which accessing or using the Axo Protocol is prohibited (“Prohibited Jurisdictions”). By accessing any part of the Axo Protocol, the User confirms that (i) he/she/it is not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; (ii) he/she/it is not a citizen of, resident of, or organized in Prohibited Jurisdiction. Finally, the User represents that his/hers/its access and use of the Axo Protocol will fully comply with all applicable laws and regulations, that the User is of legal age to enter into and accept these Terms and Conditions, and that the User will not access or use the Axo Protocol to conduct, promote, or otherwise facilitate any illegal activity, including but not limited to intellectual property infringement, cyberattacks, fraud and misrepresentation of any kind, market manipulation, securities and derivates violations or any other unlawful conduct.
5. Assumption of Risks of Cryptographic Token, Currencies, and Systems
There are general risks associated with purchasing, owning, and using a cryptographic token (“Token”). In order to access and make use of certain features of the Axo Protocol, a User may need a Token, in particular the AXO token (“AXO”) or the Cardano native token (“ADA”).
Tokens such as AXO or ADA can be highly volatile due to many factors, including but not limited to adoption, speculation, technology, and security risks. The cost of transacting on the Cardano network or related blockchain technologies is variable. It may increase at any time, causing impact on any activities taking place on the Cardano network.
The User is solely responsible for transacting and holding Tokens while accessing and/or interacting with the Axo Protocol. Before using the Axo Protocol, the User should review the relevant documentation and ensure that he/she/it understands the functioning of the Axo Protocol.
The User is responsible for implementing reasonable measures for securing the wallet, vault, or other storage mechanism used to receive and hold Tokens, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If the User’s private key(s) or other access credentials are lost, the User may lose access to its Token. These Terms and Conditions are not intended to, and do not, create or impose any fiduciary duties on the Association or any other third-party.
6. No Ownership rights or similar
AXO does not represent or constitute any ownership rights or stake, shares or security or equivalent rights nor any rights to receive future revenues or shares or any other form of participation or governance rights in or relating to any private individual or legal entity. In particular, AXO does not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to any private individual or legal entity.
7. Risk of Regulatory Actions and Compliance with Laws
The Axo Protocol could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the User’s ability to access or use the Axo Protocol.
The User is solely responsible for complying with applicable law when interacting with the Axo Protocol or AXO.
8. Dispute Resolution
Any dispute between a User and the Association shall be submitted to the exclusive jurisdiction of the competent at the seat of the Association, with the exclusion of any other jurisdiction or arbitration.
These Terms and Conditions shall be governed by and construed and interpreted in accordance with the substantive laws of jurisdiction at the seat of the Association, excluding the conflict of law rules. The United Nations Convention for the International Sales of Goods is excluded.