EveDefi.io Terms of Service

www.evedefi.io is a website-hosted interface provided by the Eve Foundation. The Eve Foundation owns all intellectual property and other rights in the Interface and its contents, including software, text, images, trademarks, service marks, copyrights, patents, and designs.

The Eve DeFi  Interface provides access to a decentralized protocol deployed on various public blockchains, including but not limited to Polygon, that allows users to trade, earn and interact with digital assets. The EveDefi interface is not the only means of accessing the Protocol.  In order to use the Eve Interface, you must use a non-custodial wallet. Eve Defi does not provide wallet solutions.

This Agreement explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully and in full.

By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface.

Modification of this Agreement

We reserve the right, to modify this Agreement. All modifications will be effective when they are posted, and your continued access or use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.

EveDefi does not control or operate any version of the Protocol on any blockchain network.

You are not buying or selling digital assets from the interface  but rather direct from the users of the protocol. Trading fees accrue directly to the protocol, which may be distributed to users of the protocal.

Eligibility

To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction. Finally, you represent that your access and use of the Interface will fully comply with all applicable laws and regulations and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.

Options trading and USA based users

The options trading element of the interface is not offered to persons or entities residing in or incorporated within the United States of America. No exceptions are made. Do not attempt to use our options trading contracts if you are a US person. Use of VPN for the goal of circumventing these restrictions is prohibited.

Additional Rights

We reserve the following rights:

(a) with or without notice to you, to modify, substitute, eliminate or add to the Interface
(b) to review, modify, filter, disable, delete and remove any and all content and information from the Interface
(c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

Privacy & Third Party software

The only information collected is your blockchain wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens that you trade. We may use third-party chain analysis software which may independently obtain your personal information. We do not control how these third parties handle your data. By accessing and using the Interface, you understand and consent to our data practices and our service providers’ treatment of your information.

No Connection to regulated entities or others using the Eve brand

The interface is offered by the Eve Foundatoin and has no connection with other services which may be offered within or under the Eve brand, including regulated or licensed services.The $EVE token is a product issued by the Eve Foundation which provides discounts for using the interface along with managing community driven proposals. The Eve Foundation may enter into agreements with projects which make use of the $EVE token, brand or technology but has no direct relationship outside our licensing agreement with such entities.

Not Registered with the SEC or Any Other Agency

Eve Defi is not registered with the U.S. Securities and Exchange Commission or any other organisation or regulator. We are not a broker or exchange and facilitate the placing of trades on your behalf. We do not offer trade execution or settlement of trades. All activity occur entirely on the publicly distributed blockchains, with the interface simply providing a means of interaction with such blockchains.

Non-Solicitation; No Investment Advice

Trades submitted via the Eve Defi interface are unsolicited, which means that they are solely initiated by the user,  we do not provide ANY  investment advice  and  we do not conduct a suitability review of any trades you submit. ANy information provided by the Interface is for informational purposes only and should not be construed as investment advice or a recommendation.

Non-Custodial

Eve DeFi is a non-custodial interface. We do not hold your assets or have any access to them regardless of if they are vesting, locked or otherwise. The user is  solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This does not, create or impose any fiduciary duties on us. You acknowledge and agree that Eve Defi owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.

Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited acts:

Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.

Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including he manipulative tactics commonly known as “rug pulls”, pumping and dumping, and wash trading.

Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including (but not limited to) the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

Activity that violates any applicable law, rule, or regulation of your relevant jurisdiction, including the restrictions and regulatory requirements.

Tax Obligations

The Interface may not be available or appropriate for use in your jurisdiction. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

Assumption of Risk

By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using blockchain, and that you have a working knowledge of the usage and intricacies of digital assets. Blockchain-based transactions are irreversible when confirmed. We are not responsible for any variables or risks. Eve Defi does not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Protocol.

Release of Claims

The user assumes all risks in connection with the access and use of the Interface and your interaction with the Protocol. You further expressly waive and release the Eve Foundation, its partners, affiliates, investors, token holders and others from all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and your interaction with the Protocol.

Indemnity

You agree to hold harmless, release, defend, and indemnify us 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) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, 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 Interface with your assistance or using any device or account that you own or control.

No Warranties

The Interface is provided on an “AS IS” and “AS AVAILABLE” basis. WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. You agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements.

No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.The Protocol is provided “AS IS”, at your own risk, and without warranties of any kind. Although we contributed to the initial code for the Protocol, we do not provide, own, or control the Protocol, which is run autonomously by smart contracts deployed on blockchains.Upgrades and modifications to the Protocol are generally managed in a community-driven way. No developer or entity involved in creating the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,

INCLUDING:

DAMAGES FOR LOSS OF PROFITS, LOSS OF OPPORTUNITY, GOODWILL, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE INTERFACE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN EXCHANGE FOR ACCESS TO AND USE OF THE INTERFACE.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

Class Action Jury Trial Waiver and Juristiction

You must bring any Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or another representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury. The governing Juristiction shall be the Seychelles.

Entire Agreement

This Agreement supersedes any prior or contemporaneous written and oral agreements, communications.