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Yieldly: Platform Terms of Use

General Notice

Yieldly Limited (“Yieldly”, “we” or “us”) is the operator and owner of this website, app, platform and related services made available under the Yieldly name (together, the “Platform”).

We do not provide any investment, financial, legal, regulatory, accounting, tax or similar professional advice on the Platform. Blockchain, cryptocurrency, tokens, staking and no loss lottery transactions involve a high degree of risk and there is always the possibility of loss, including the loss of digital currency and assets. 

You acknowledge that staking, using, buying, selling and trading in blockchain, cryptocurrency and token assets is significantly risky and is unregulated by any central or government authority. You warrant that you understand the risks associated with access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform.

Use of Platform 

Your use of this Platform is subject to these terms (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your use of the Platform constitutes your acceptance and acknowledgement of the Terms of Use, our Privacy Policy, and any other policy displayed on the Platform, all of which constitutes the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.

We may amend or modify the Platform, the Terms of Use and/or the Privacy Policy at our sole discretion and at any time. We will make available any updates to the Terms of Use on this website.  

You may only access and use this Platform if you are at least 18 years old and having the legal capacity to enter into a binding contract. By using the Platform and/or accepting any services, you warrant that you are at least 18 years old and having the legal capacity to enter into a binding contract. 

These Terms of Use will prevail over any other terms or agreement between you and us.

Platform Rules

You agree not to engage in any of the following prohibited activities: 

  • copying, distributing, or disclosing any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”; 
  • using any automated system, including without limitation “robots,” “spiders,” “offline readers”, to access the Platform in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser; 
  • transmitting spam, chain letters, or other unsolicited email; 
  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; 
  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; 
  • uploading invalid data, viruses, worms, or other software agents through the Platform;
  • collecting or harvesting any personally identifiable information, including account names, from the Platform; 
  • using the Platform for any commercial solicitation purposes; 
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; 
  • interfering with the proper working of the Platform; 
  • accessing any content on the Platform through any technology or means other than those provided or authorised by the Platform; or 
  • bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.

Assumption of Risk and Responsibility

As part of the Platform, we provide access to a decentralised finance and reward (or lottery) tool on the Algorand blockchain that allows registered users to use Algorand assets (“Assets”) to  participate in staking and lottery transactions on the Platform (“Staking Transactions”). 

You acknowledge that access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform, including Staking Transactions, is subject to significant risks, including without limitation the following risks: 

  • that your participation in Staking Transactions is entirely your own responsibility / liability;
  • the risk of loss, including the loss of all digital assets; 
  • at any time, your access to your Assets may be suspended or terminated or there may be a delay in your access or use of your Assets which may result in the Assets diminishing in value or you being unable to complete a Staking Transaction;
  • the Staking Transaction may be suspended or terminated for any or no reason, which may limit your access to your Assets; and
  • the value of your Assets used in Staking Transactions or used through the Platform may decrease or diminish at any time and for any reason.   

Accordingly, by using this Platform you expressly agree that: 

  • you assume all risk in connection with your access and use of the Platform, your Assets and Staking Transactions; and 
  • you expressly waive and release the Released Parties (as defined in paragraph ‎10 of these Terms of Use) from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Platform.

Security

We use commercially reasonable physical, managerial, and technical safeguards to preserve the security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Intellectual Property Rights

Except where otherwise indicated, we are the sole owners or licensees of all intellectual property rights comprised in the Platform (including all intellectual property comprised in the Platform content), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content. 

You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and/or other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform. 

You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit. 

You acknowledge and agree that damages may not be an adequate remedy for a breach of our intellectual property rights and that equitable or injunctive relief may be necessary.

Third Party Sites

The Platform may contain links to third party materials (including websites) that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website or service from the Platform on or through any third party website or service, you do so at your own risk, and you understand that these Terms of Use do not apply to your use of such sites. You expressly release the Released Parties from any and all liability arising from your use of any third party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we are not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Disclaimer 

To the maximum extent permitted by applicable law, we exclude all warranties unless expressly stated in these Terms of Use, including warranties of merchantability, fitness for a particular purpose, or non-infringement relating to any use of any part of the Platform or any goods, services or products offered or made available or used in connection with this Platform. 

You acknowledge that when you access or use the Platform, and use or receive any goods, services or products offered or made available or used in connection with this Platform, you do so entirely at your own risk and relying on your own enquiries and judgement. 

To the extent that any applicable law restricts our right to exclude warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. 

If those statutory provisions under applicable law apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions as follows: 

  • the supply of the services again; or 
  • the payment of the cost of having the services supplied again. 

Limit of Liability

Our liability arising in connection with the access to or use of any part of the Platform or any goods, services or products offered or made available or used in connection with this Platform is limited as follows:

  • we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business; 
  • our total maximum liability arising in connection with these Terms of Use or the Platform is capped at the total amount of any fees or commissions or margins received by us from you in relation to the particular matter; 
  • our liability is excluded to the extent that you contributed to the liability; 
  • our liability is excluded for anything you have been aware of for longer than six months and you have not commenced formal legal proceedings. You waive and release the Released Parties from any such liability or claim; and 
  • our liability is subject to you taking reasonable action (or not acting unreasonably) to mitigate your loss. 

We provide the Platform on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform. 

In the event that we terminate the Platform or your access to the Platform pursuant to these Terms of Use, you release the Released Parties from all liability, loss or claims suffered by you as result of or arising out of such termination. 

We are not responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond our control. 

Release and Indemnity 

You agree to release us and our officers, directors, shareholders, agents, employees, consultants, contractors, subsidiaries, related entities, advisors and partners (together, the “Released Parties”) from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with:

  • access to or use of the Platform;
  • any goods, services or products offered or made available or used in connection with this Platform;
  • your breach of these Terms of Use; 
  • your participation in Staking Transactions;
  • your digital assets (including the value of the digital assets or the loss of the digital assets) used on the Platform or in Staking Transactions; 
  • any matter for which we have purported to disclaim liability for under these Terms of Use;
  • your use, misuse, or abuse of the Platform; and
  • your breach or failure to observe any applicable law,

(together, the “Released Matters”).  

You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

You agree to indemnify, defend and hold harmless the Released Parties from any from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with any Released Matter. 

Termination

We may permanently or temporarily terminate or suspend your access to the Platform without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use. 

General 

You must not assign, sublicense, transfer or otherwise deal in any other way with any of your rights or obligations under these Terms of Use. We may assign our rights under these Terms of Use at our discretion. 

These Terms of Use are governed by the laws of the British Virgin Islands and each party submits to the exclusive jurisdiction of the courts of the British Virgin Islands and all courts of appeal from there. 

Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise. 

The contents of these Terms of Use constitute the entire agreement between you and us and supersede any prior negotiations, representations, understandings or arrangements made between you and us regarding the subject matter of this agreement or your access to or use of the Platform, whether made orally or in writing. 

If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. 

A provision of these Terms of Use which can and is intended to operate after its conclusion or termination will remain in full force and effect, including all indemnities, limitations on liability and releases.