Term of Use
Updated 21 Nov 2024
1. Welcome to constfi.com and the Interface!
These Terms of Use ("Terms") govern your access to and use of the constfi.com website ("Constfi.com") and any associated platforms, interfaces, or services (collectively referred to as the "Services"). The Services are brought to you by the constant finance ("we," "us," or "our").
Constfi.com provides access to information and services related to decentralized finance, focusing on constant interest rate protocols powered by smart contracts deployed on public blockchain networks. While we provide a platform for accessing and interacting with these protocols, we do not control or operate any underlying blockchain networks.
The Interface facilitates interactions between users and blockchain-based protocols through third-party self-custodial wallets. It is essential to understand that using the Interface requires compliance with these Terms.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN DISPUTES, YOU AND WE AGREE TO RESOLVE ALL ISSUES THROUGH BINDING ARBITRATION, WAIVING THE RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS-ACTION LAWSUIT.
Binding Agreement: By accessing or using our Services, including constfi.com, you agree to these Terms and our Privacy Policy ("Agreement"). If you disagree, you must not use the Services.
2. Services
Constfi.com serves as a platform for accessing constant interest rate financial protocols. While we strive to provide accurate and up-to-date resources, the information available is for informational purposes only. It should not be relied upon as financial, legal, or professional advice.
Users retain full control of their assets:
When interacting with the Services, you maintain full control and custody of your digital assets. We do not hold, store, or have access to your funds. Transactions are executed directly on the underlying blockchain via your self-custodial wallet.
Wallet connections are third-party services:
Your connection to the blockchain requires a self-custodial wallet provided by third-party entities. These wallets operate under their terms and conditions, separate from Const.
Decentralized transactions:
Constfi.com acts as an informational resource and does not mediate, process, or interfere with transactions on the blockchain. All interactions occur independently via smart contracts, and we do not act as intermediaries or custodians.
Blockchain fees:
Blockchain transactions may require gas fees paid directly to the network. These fees are non-refundable and outside our control.
3. Assumption of Risk
By using the Services, you acknowledge and accept the inherent risks associated with blockchain technology and decentralized finance:
- Experimental Technology: Smart contracts, blockchain protocols, and decentralized systems are new and subject to risks, including bugs, malfunctions, and cyberattacks.
- Irreversible Transactions: Blockchain transactions are final and cannot be reversed.
- Third-Party Risks: We are not responsible for the content or services provided by third-party wallets, protocols, or platforms. Use of these services is at your own risk.
- Security: You are solely responsible for securing your self-custodial wallet and private keys. Loss of access to your wallet may result in permanent loss of funds.
We assume no liability for any losses incurred due to the use of blockchain networks or associated technologies.
4. Taxes
You are solely responsible for determining and paying any taxes, duties, or assessments that may apply to your use of the Services, including gains or transactions involving digital assets. Blockchain-based financial transactions are subject to varying tax treatments across jurisdictions, and you are encouraged to consult with a tax professional to ensure compliance with applicable laws.
5. Ownership
License to use the Services:
We grant you a non-exclusive, non-transferable, revocable license to access and use our Services, provided you comply with these Terms.
Intellectual Property:
All content, code, and materials provided through the Services are owned by us or licensed to us. Your use of the Services does not grant ownership or intellectual property rights in any content or features.
Feedback and Suggestions:
Any feedback or suggestions provided to us about improving our Services may be used at our discretion, without obligation or compensation to you.
6. Prohibited Content
To maintain the integrity, security, and trust of our platform, constfi.com, all users must adhere strictly to the terms of this Agreement, applicable laws, and related guidelines. Your use of our services must comply with our terms, third-party policies, and all relevant laws and regulations. The following actions are strictly prohibited and constitute a breach of this Agreement:
Illegal Activities
Utilizing our platform for activities that violate local, national, or international laws, including but not limited to money laundering, financing terrorism, tax evasion, trafficking in illegal goods, counterfeit products, or prohibited substances. This includes the sale or purchase of unauthorized financial products or services.
Unauthorized Commercial Use
Exploiting constfi.com for purposes outside of its intended use, such as using the platform to conduct unauthorized commercial activities, spamming, or soliciting for unrelated business ventures without explicit written permission.
Malicious Software or Code
Uploading, transmitting, or introducing malicious software, viruses, Trojan horses, worms, or any other harmful programs that may compromise the functionality, security, or performance of our services or the systems of other users.
Unauthorized Access or Manipulation
Attempting to bypass or interfere with our system’s security measures, reverse-engineer our software, tamper with the services, or gain unauthorized access to accounts, data, or networks associated with constfi.com.
Data Harvesting or Mining
Collecting or harvesting data, including user information, transaction history, or any other proprietary content on the platform, without proper authorization or for purposes unrelated to the intended use of our services.
Fraudulent or Deceptive Practices
Misrepresenting your identity, providing false information, or using our services under fraudulent pretenses. Engaging in any activities designed to manipulate or deceive other users or the platform’s functionality is strictly prohibited.
Interference with Other Users
Disrupting the experience of other users by interfering with their access, using disruptive practices, or creating an environment that undermines the trust and usability of our platform.
Circumventing Security Features
Engaging in activities that compromise the security of constfi.com, such as disabling security mechanisms, exploiting system vulnerabilities, or attempting unauthorized modifications to our platform or associated smart contracts.
Abusing Blockchain Technology
Conducting any attack, hack, denial-of-service attack, or exploit targeting blockchain networks, smart contracts, or any component of the platform. This includes behaviors that, while technically possible, violate the spirit of our terms or applicable laws.
Anticompetitive Behavior
Participating in actions that hinder fair competition, violate intellectual property rights, or otherwise disrupt the industry standards constfi.com upholds.
Violating these rules may result in immediate action, including suspension or permanent termination of access to our services. In severe cases, such as those involving harm to other users or unlawful activities, we reserve the right to pursue legal remedies.
We may, at our discretion, amend, correct, or delete any data on the platform to mitigate harm caused by user violations. Any unauthorized actions may lead to penalties or further investigation.
Investigations and Legal Compliance
constfi.com reserves the right to investigate potential breaches of this Agreement, including conducting audits, reviewing activities on the platform, or involving third-party investigators as necessary. To comply with legal obligations, we may disclose your information to regulatory bodies, law enforcement agencies, or other relevant entities.
- Disclaimers and Limitations of Liability
No Warranties
The services provided by constfi.com are offered on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the services will be uninterrupted, error-free, or completely secure.
Examples of areas where no guarantees are made include:
- The accuracy, completeness, or reliability of the information presented on the platform.
- The outcome or financial results of transactions or investments made through the platform.
- The security of data from malicious actors, unauthorized access, or unforeseen failures.
Limited Liability
To the maximum extent permitted by law, constfi.com, its affiliates, officers, employees, and partners shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the platform. This includes, but is not limited to:
- Loss of profits, data, or business opportunities.
- System failures, unauthorized transactions, or cybersecurity breaches.
- Issues stemming from blockchain technology, such as forks, consensus disputes, or unexpected changes to cryptographic protocols.
- Force majeure events, including natural disasters, regulatory changes, or widespread technological disruptions.
In no case shall the cumulative liability of constfi.com and its affiliates exceed $1,000 USD.
8. Indemnification
You agree to indemnify, defend, and hold harmless constfi.com, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:
- Breach of Agreement: Any violation or breach of these Terms of Service, whether intentional or unintentional, including misuse of our services in ways that contravene the outlined policies.
- Violation of Laws or Regulations: Any actions you take that infringe upon applicable laws, regulations, or the rights of third parties, including intellectual property rights, privacy rights, or contractual obligations.
- Misrepresentations and Contributions: Any misrepresentations you make, inaccuracies in information you provide, or contributions to the services (e.g., content or data uploads) that result in legal disputes or harm.
We reserve the right to assume exclusive control over the defense and settlement of any claim for which you are obligated to indemnify us. You agree to fully cooperate with any reasonable requests to assist in the defense of such claims. Furthermore, you may not settle any claim without obtaining our prior written approval.
9. Arbitration Agreement and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
You agree that any disputes, claims, or controversies arising out of or relating to this Agreement, your use of the services, or any transactions conducted through constfi.com shall first be attempted to be resolved through good-faith negotiations between the parties.
If a resolution cannot be reached, the dispute will be submitted to binding arbitration conducted following the International Arbitration Rules of the Cayman Islands. The arbitration will:
- Be conducted in English.
- Take place in the Cayman Islands.
- Be resolved by arbitrators with experience in blockchain technologies, financial services, and digital platforms.
By agreeing to these Terms, you expressly waive:
- The Right to a Jury Trial: You forgo your right to have disputes heard and decided by a jury.
- The Right to Participate in Class Actions: You waive your ability to bring or participate in class, collective, or representative actions. This includes claims consolidated with those of other users or third parties.
Opt-Out Clause: If you wish to opt out of this arbitration agreement, you must notify us in writing within 30 days of accepting these Terms.
10. Waiver of Injunctive Relief
You expressly agree not to seek any injunctive relief or equitable remedies that may disrupt or interfere with the ongoing development, enhancement, or operation of constfi.com, its related technologies, intellectual property, or services.
This includes actions that may halt or delay updates, modifications, or the availability of services, even in cases where you claim harm or inconvenience as a result. Instead, all disputes must be resolved following the Arbitration Agreement outlined above.
11. Termination
We reserve the right to terminate, suspend, or restrict your access to constfi.com services at any time, with or without notice, for reasons including but not limited to:
- Violation of these Terms of Service.
- Illegal activities, fraud, or actions that compromise the integrity or security of the platform.
- Non-compliance with regulatory requirements or applicable laws.
In addition, we may discontinue or modify any part of our services without prior notice or liability. You acknowledge that constfi.com is not obligated to retain or provide access to your account or any associated data after termination.
12. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Such invalidity shall not affect the enforceability of other provisions, and we will strive to replace the invalid provision with one that closely matches its original intent while remaining legally enforceable.
13. Assignment
You may not assign, transfer, or delegate your rights or obligations under this Agreement without prior written consent from constfi.com. However, we may assign, transfer, or delegate our rights and obligations to any affiliate or successor entity without your consent.
This includes situations involving mergers, acquisitions, restructurings, or the sale of all or substantially all assets of the company.
14. Entire Agreement
This Agreement, including any policies or guidelines referenced herein, constitutes the entire agreement between you and constfi.com concerning your use of our services. It supersedes all prior or contemporaneous communications, understandings, or agreements, whether written or oral, related to the same subject matter.
Failure by constfi.com to enforce any right or provision in this Agreement shall not be deemed a waiver of such rights or provisions unless explicitly acknowledged by us in writing.
15. Governing Law
This Agreement and any disputes or claims arising from or related to it shall be governed by and construed following the laws of the Cayman Islands, without regard to conflict-of-law principles.
The governing law provision ensures uniformity and predictability in resolving any legal issues related to constfi.com.
16. Contact Us
For inquiries, questions, or concerns regarding this Agreement or the use of our services, you may contact us at:
Email: support@constfi.com
We are committed to addressing your concerns promptly and ensuring compliance with this Agreement.