Hedgey Terms of Service
Please carefully review the rules and restrictions that govern your access to and use of the smart contract interface located at https://www.app.hedgey.finance and https://market.hedgey.finance (the “Interface”). The Interface provides access to a decentralized protocol on the Ethereum blockchain and other EVM blockchains that allows users to buy and sell within a decentralized options protocol.
These Terms include information about consents, waivers, and releases related to your use of the Interface, future changes to these Terms, automatic renewals and limitations of liability.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR INTERFACE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE INTERFACE IN ANY MANNER.
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accepting these Terms, you represent and warrant that you are an individual of eighteen (18) years of age or older and are in possession of the rights and/or authorization required to form a binding contract. If you are not eighteen (18) years of age or older, you may not access or use the Interface.
NO U.S. PERSONS
The Interface is not intended for users in the United States of America. Under no circumstances may you access or use the Interface if you are a resident of the United States or located within the United States of America.
Your use of or participation in certain parts of the Interface may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Interface, you agree to also comply with these Additional Terms.
We reserve the right to suspend, modify, or discontinue all or part of the Interface. We reserve the right to make changes to the Terms at any time. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Interface after any modification of the Terms will conclusively indicate that you accept those changes.
The materials displayed or available on or through our Interface, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Interface, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Hedgey Finance's) rights.
Subject to these Terms, we grant each user of the Interface a worldwide, non-exclusive, non- sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Interface. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Interface is expressly prohibited without prior written permission from us. You understand that Hedgey Finance owns the Interface. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any part of the Interface. The Interface may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this Section still apply.
RESTRICTIONS ON USE
You represent, warrant, and agree that you will not interact with the Interface and/or other users in a manner that:
- 1.(a) violates these Terms;
- 2.(b) infringes or violates the personal, property, and/or intellectual property rights (or anyother rights including, but not limited to, moral rights, privacy rights, rights of publicity, and/or any rights relating to confidential or proprietary information) of anyone else (including Hedgey Finance);
- 3.(c) violates any laws or regulations in your applicable jurisdiction, including, without limitation, any applicable export control laws, privacy laws, banking laws, commodities laws, money transmission laws, anti-money laundering laws, and securities laws;
- 4.(d) violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading;
- 5.(e) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous (including any attack on another user’s character or reputation), vulgar, pornographic, obscene, or otherwise objectionable (including inciting violence, hate speech, and other discriminatory language that may promote racism, bigotry, or harm of any kind against any group or anyone else);
- 6.(f) attempts, in any manner, to obtain the password, account, or other security information from any other user;
- 7.(g) violates the security of any computer network, or cracks any passwords or security encryption codes;
- 8.(h) runs Mail-list, List-serv, any form of auto-responder or “spam” on the Interface, or any processes that run or are activated while you are not logged into the Interface, or that otherwise interfere with the proper working of the Interface (including by placing an unreasonable load on the Interface’ infrastructure);
- 9.(i) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Interface or Content (through use of manual or automated means);
(j) copies or stores any significant portion of the Content; or decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Interface.
ACCOUNT SECURITY AND PASSWORD
Hedgey Finance disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. Data transmitted via the Interface may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Interface. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Interface unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Interface may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. Subject to applicable law, Hedgey Finance shall have no liability to you for any such exploitation or criminal conduct by third parties.
As part of our legal compliance program, we will monitor your Hedgey Finance Account and your use of the Interface, and review your personal information on an ongoing basis, as may be required by law or pursuant to our internal policies and procedures. At any time, we may require you to provide us with additional personal information as a condition to your continued access to and use of your Hedgey Finance Account and the Interface. During such time, your access to and use of your Hedgey Finance Interface may be temporarily restricted
SUPPORTED DIGITAL ASSETS
A list of digital assets that Hedgey Finance currently supports is available via the Interface. Hedgey Finance may discontinue support for a digital asset on our interface at any time and for any reason at our sole discretion without advance warning.
Hedgey Finance does not own or control the Ethereum protocol, other EVMs or any of its underlying software. Ethereum’s underlying software is open source such that anyone can use, copy, modify, and distribute it. By using the Interface, you understand and acknowledge that Hedgey Finance is not responsible for the operation of Ethereum or its underlying software and makes no guarantee of its functionality, security, or availability.
The Ethereum protocol is subject to sudden changes in operating rules, and third parties may from time to time create a copy of a digital asset network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a digital asset (“Forked Assets”). Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Hedgey Finance. You understand and acknowledge that Forks may materially affect the value, function, and even the name of the digital assets. Sometimes a digital asset network attempts to or does distribute (sometimes called “airdropping” or “bootstrapping”) additional digital assets to or through its digital asset network. Such events are wholly outside of the control of Hedgey Finance. You understand and acknowledge such events may materially affect the value, function, and even the name of the digital assets consequently the value of your positions.
Fees are subject to change, at our sole discretion, and you understand and acknowledge that you are solely responsible for accessing the fee information prior to engaging in any services on our Interface.
NO PROFESSIONAL ADVICE
All information provided by the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
NO FIDUCIARY DUTIES
These Terms are not intended to, and do not, create or impose any fiduciary duties on Hedgey Finance. To the fullest extent permitted by law, you acknowledge and agree that we 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. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
The Interface may not be available or appropriate for use in all jurisdictions. 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. You may not use the Interface if you are a citizen, resident, or located in the United States or any jurisdiction or group that is subject to economic sanctions from the United States (as per the list maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control), or if your use of the Interface would be illegal or otherwise violates any applicable law.
You hereby represent and warrant that (1) you are not located in a country that is subject to a United States of America embargo, or that has been designated by the American Government as a “terrorist supporting” country; and (2) you are not listed on any United States Government list of prohibited or restricted parties.
ASSUMPTION OF RISK
By accessing and using the Interface, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge the risk of trading derivatives and that assets you purchase may lose some or all of your value. If you lock collateral and sell options, you accept the risk of the options being exercised and you will end up with the underlying assets of the options you sold. If you buy options, you accept the risk that they may end up expiring out of the money and therefore will be valued at zero. You further acknowledge that we are not responsible for any of these variables or risks, do 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 and interacting with the Protocol.
Hedgey Finance and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Hedgey Finance and all such parties together, the “Hedgey Finance Parties”) make no representations or warranties concerning the Interface, including without limitation regarding any Content contained in or accessed through the Interface, and the Hedgey Finance Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Interface or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Interface. The Hedgey Finance Parties make no representations or warranties regarding suggestions or recommendations of Interface or products offered or purchased through or in connection with the Interface. THE INTERFACE, EVENTS AND CONTENT ARE PROVIDED BY HEDGEY FINANCE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE INTERFACE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE HEDGEY FINANCE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE
INTERFACE; (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (C) ANY SUBSTITUTE GOODS, INTERFACE OR TECHNOLOGY, (D) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO HEDGEY FINANCE IN CONNECTION WITH THE INTERFACE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (E) ANY MATTER BEYOND OUR REASONABLE CONTROL.
THIRD-PARTY WEBSITES AND CONTENT
The Interface may contain links or connections to third party websites. Any such link or connection is provided only as a convenience and should be used at your own risk. Hedgey Finance has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Hedgey Finance or create any liability on the part of Hedgey Finance in respect of such link or connection. Your use of any such third-party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.
Hedgey Finance will have no responsibility for any liabilities arising from or related to the contents of any third-party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.
To the fullest extent allowed under applicable law, you agree to indemnify and hold the Hedgey Finance Parties harmless from and against any and all injury, claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your access to and use of the Interface (including any actions taken by a third party using your account), and (b) your violation of these Terms, or any applicable law, rules or regulation. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Interface account, in any way (by operation of law or otherwise) without Hedgey Finance's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
TRANSFER AND PROCESSING OF DATA
By accessing or using our Interface, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Interface.
TERMINATION; SURVIVAL OF PROVISIONS
If you are not in full compliance with all of these Terms, the permissions granted to you under these Terms will automatically terminate, and in such circumstance, you will no longer use or access, or be entitled to use or access, the Interface, the Content or any Hedgey Finance account.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and Hedgey Finance agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Hedgey Finance, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings
relating to the subject matter of these Terms.
This arbitration agreement will survive the termination of your relationship with Hedgey Finance.
Hedgey Finance may terminate your right to use the Interface, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Hedgey Finance may exercise this right to terminate your right to use the Interface include, but are not limited to: (i) you have breached any provision of the Terms; (ii) you have engaged in conduct which Hedgey Finance, in its sole discretion, considers to be unacceptable; (iii) Hedgey Finance is required by law to do so; or (iv) Hedgey Finance no longer provides the Interface. The above are only examples of circumstances in which Hedgey Finance may terminate your right to use the Interface and Hedgey Finance may terminate your right to use the Interface for any other reason in its sole discretion. We will not be liable to you due to or by reason of our termination of your right to use the Interface or the automatic termination of your right to use the Interface for non-compliance set forth above.
If you have any questions, comments, or concerns regarding these terms or the Interface, please contact us at:
Terms Last Modified: August 31, 2021