Terms of Service
Welcome to https://app.yupana.finance/,a website-hosted user interface (the “Interface”, “App”, “Service”) provided by Madfish Solutions (“COMPANY”, “we”, “our”, or “us”). The Interface provides access to decentralized peer-to-peer lending and borrowing platform.
This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you signify that you have read, understand, and agreed to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface. By using or accessing the Interface, you represent and warrant that you understand that there are inherent risks associated with cryptocurrency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that Madfish Solutions is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the Interface facilitates your interaction with decentralized networks and technology and, as such, we have no control over any blockchain or cryptocurrencies and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.
- 1.Modification of this Agreement
1.1. We reserve the right, in our sole discretion, to modify this Agreement at any time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://yupana-finance.gitbook.io/yupana-document-portal/agreements/terms-of-use.
1.2. All modifications will be effective when they are posted, and your continued 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. 2. Eligibility
In order to use the Interface, you must satisfy the following requirements and declare following obligations:
You represent and warrant that you are at least eighteen years old; You represent and warrant that have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface that you are entitled to freely dispose of the assets to be used with the Interface without any restriction (e.g. by matrimonial law, pledge) You further represent and warrant that you are not a citizen, resident, or member of any jurisdiction or group where your use of the Interface would be illegal or otherwise violate any applicable law; You further represent and warrant 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. You declare that all assets that are to be used with the Interface are obtained lawfully and are not the proceeds of or contaminated in any way by unlawful activities. You declare that you are solely responsible for fulfilling all your personal tax obligations and that you undertake to ensure that the assets will not be used for unlawful purposes 3. Proprietary Rights
3.1. We own all intellectual property and other rights in the Interface and its contents, including (but not limited to) text, images, trademarks, service marks, copyrights, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Interface or any of its contents.
3.2. Unlike the Interface, the AMM Protocol is composed entirely of open-source software running on the public Tezos blockchain and is distributed under the MIT license. Basically, you can do whatever you want as long as you include the original copyright and license notice in any copy of the software/source. 4. Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited acts in relation to your access and use of the Interface:
Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law; Cyberattack. 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; Fraud and Misrepresentation. 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; Market Manipulation. Activity that 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; Money Laundering. Activity that seeks to violate tax or AML/CFT laws and regulations in any jurisdiction. Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements. 5. No Financial 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. 6. No Warranties
6.1. The Interface is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Interface is at your own risk. 6.2. 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. 7. Assumption of Risk
7.1. By accessing and using the Interface, you represent and warrant that you understand:
the inherent risks associated with products made available through the Protocol; the inherent risks associated with using cryptographic and blockchain-based systems.
7.2. You further represent that you have a working knowledge of the usage and intricacies of blockchain-based digital assets, including, without limitation, FA1.2 and FA2 token standards available on the Tezos blockchain.
7.3. You further understand that the markets for these blockchain-based digital assets are highly volatile due to factors that include, but are not limited to, adoption, speculation, technology, security, and regulation.
7.4. You acknowledge that the cost and speed of transacting with blockchain-based systems, such as Tezos, are variable and may increase or decrease, respectively, drastically at any time.
7.5. You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with 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. 8. Third-Party Resources and Promotions
8.1. The Interface may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. 8.2. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions. 9. 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 (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access to or use of the Interface, not will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to, or use of the Interface, or from any access to, or use of any information obtained by any unauthorized access to, or use of the Interface. We assume no liability or responsibility for any:
errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from any access to or use of the Interface; unauthorized access to or use of any secure server or database in our control or the use of any information or data stored therein; interruption or cessation of function related to the Interface; bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; errors or omissions in, or loss or damage incurred as a result of, the use of any content made available through the Interface; the defamatory, offensive, or illegal conduct of any third party. 10. Release of Claims
You explicitly and irrevocably agree that you acknowledge, understand and accept all risks associated with your access and use of the Interface. You further explicitly and irrevocably waive and release us from any and all liability, claims, causes of action or damages arising out of or in any way related to your access and use of the Interface. 11. Limitation of Liability
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:
your access and use of the Interface; your violation of the Terms, the rights of any third party, or any other applicable law, rule, or regulation; any other party’s access and use of the Interface with your assistance or using any device or account that you own or control. 12. Class Action and Jury Trial Waiver
You must bring any and all 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 other representative proceedings. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury. 13. Dispute Resolution
We will use our best efforts to resolve any potential disputes through informal, good-faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below. 14. Governing Law
You agree that the laws of the British Virgin Islands, without regard to principles of conflict of laws, govern the Terms and any dispute between you and us. 15. Entire Agreement