Terms of Service
Terms of Service
Effective Date: April 5, 2023
Please read these Terms of Service (the “Terms”) carefully before you start to use the Multiswap Platform (the “Platform”). The Platform, including but not limited to https://testnet.caval.re/, (the “Site”) and the associated Smart Contracts (each, a “Smart Contract”) are owned by CavalRe Inc. (“CavalRe,” “we,” “us,” “our”). CavalRe and its affiliates provide the Site and the Smart Contracts (collectively, the “Service”) to you (the “user,” “you,” and “your,” as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms. This version of these Terms replaces and supersedes any prior terms of service applicable to the Service. You may use the Service for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Service.
- Binding Effect.
These Terms constitute a legally binding agreement between you and CavalRe. By using the Service, you represent and warrant that you: (1) have read and understood these Terms; (2) are 18 years of age or older and of legal age to enter into a binding agreement; (3) are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (4) accept these Terms and agree that you are legally bound by them. Your use of the Service manifests your agreement to be bound by these Terms each time you access the Service. If you do not agree to any of these Terms, do not use or access the Service.
- General Use, License, and Termination.
CavalRe grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Service, regardless of the medium by which the Service is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Service for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
The Service is intended for use by those who are eighteen (18) years of age or older only. Any use of the Service by persons under 18 years of age result in immediate termination of their use of the Service.
You acknowledge that your use of the Service is at our sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Service, to terminate any user’s account, and to alter or delete any material submitted to the Service through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.
- Prohibited Conduct and Activities.
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Service or any of the content on the Service; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Service; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Service, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Service’s listings or content; (e) circumventing or attempting to circumvent the security of the Service; (f) interfering or attempting to interfere with the proper working of the Service or otherwise engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm CavalRe or users of the Service or expose them to liability; (g) uploading or transmitting, or attempting to upload or transmit, viruses, Trojan horses, other any other materials, including excessive use of capital letters and spamming, that alters, modifies, or interferes with the use, features, functions, operation or maintenance of the Service; (h) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Service, except as authorized by CavalRe; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service; (k) using reports, content, electronic documentation, or other materials available on the Service to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts CavalRe users to a third party, except as described in Section 6; (m) making commercial use of the Service or any of its content; or (n) engaging in or promoting illegal activities.
- Accessing the Services.
Before you can make use of certain services associated with the Service, you must use a communications protocol to connect your wallet with the Service and public blockchains. By connecting your wallet to the Service, you agree to be bound by these Terms. Before accessing the services, you also agree and acknowledge that:
- You are not buying or selling digital assets from CavalRe;
- CavalRe does not operate any liquidity pools on the Platform (liquidity providers are third party service providers);
- CavalRe does not control trade execution on the Platform;
- CavalRe is not a liquidity provider into liquidity pools;
- Digital assets that have been bridged or wrapped to operate on other blockchain networks are distinct from the original blockchain asset.
- Intellectual Property Rights.
Unless otherwise noted, the Service, namely, the Site and the Smart Contracts, is the proprietary property of CavalRe, and all content provided on the Service, including source code, database functionality, software, images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of CavalRe or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. CavalRe owns all intellectual property and other rights in the Services, including, but not limited to, its trademarks, service marks, copyrights, designs, and patents. Any and all content on the Service is either the property of CavalRe or is used by us with the permission of its owner. You agree that you will not take any actions inconsistent with CavalRe’s ownership of the Service and content or CavalRe’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Service.
Some products and processes offered on the Service may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Any and all products or processes on the Service are either the property of CavalRe or are used by us with the permission of the respective owner. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Service. Except as set forth in these Terms, we grant you no rights to any of our Services, including any intellectual property rights.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Service, including any copyrighted, patented, or trademarked content. You may only use the materials and content on the Service as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Service is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
- Forward-Looking Statements.
All statements contained herein, statements made in press releases, or in any place accessible by the public and oral statements that may be made by CavalRe, may constitute forward-looking statements (including statements regarding intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward-looking statements are applicable only as of the date indicated in a whitepaper, and CavalRe expressly disclaims any responsibility (whether express or implied) to release any revisions to these forward-looking statements to reflect events after such date.
- Correction of Errors and Inaccuracies; Limitations on Services.
The information on the Service may contain typographical errors or inaccuracies, and may not be complete or current. CavalRe therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. We are not responsible for typographical or other errors or omissions regarding products, currency prices or other information provided on the Service. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, currency pricing, and availability. CavalRe also reserves the right to limit the scope of services (including after you have submitted your request). CavalRe apologizes for any inconvenience this may cause you.
You acknowledge that your use of the Service is at our sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, block or prevent future access to and use of the Service, suspend use of the Service, terminate any user’s access, and alter or delete any material submitted to the Service through the user’s access. Following termination of this license, these Terms shall apply to the extent practicable.
CavalRe reserves the right, but does not have the obligation, to investigate any suspected violation of these Terms or any misuse of the Service or to review, monitor, delete, or edit the Service at its sole discretion for any reason or no reason, with or without notice.
You acknowledge, consent, and agree that CavalRe may access, preserve, and disclose any inappropriate conduct, your access information or any other information related to the Service if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process initiated by law enforcement authorities, financial regulators, or any other legal authority; (b) enforce these Terms; (c) respond to claims that any use violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of CavalRe, its affiliates, personnel, other users, and the public.
- User Representations and Warranties.
By accessing and using the Service, you represent and warrant to CavalRe that: (a) in any decision you may make to initiate a purchase, sale, donation, transfer, or other type of transaction, you shall not solely rely on any statements or information set out on the Service; (b) you understand and agree that trading may be subject to material underlying risks including but not limited to liquidity risks, market risks, counterparty risks, slashing risks, blockchain risks, and other operational risks; (c) you are acting solely for your own account; (d) you shall comply with any and all laws, regulatory requirements, or restrictions applicable to you at your own expense.
- Links to Third Party Services.
The Service may contain or require links to third-party websites or other services, including non-custodial wallet software, which we may have no direct control. Such third party websites and services may have their own set of rules and guidelines for usage of their sites and services. Your relationship with such third party providers is governed by the applicable terms of service. For your protection, please refer to the terms of service and privacy policies of those respective third party sites and services.
You acknowledge, understand, and agree that Cavalre shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. CavalRe shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. CAVALRE has neither CUSTODY NOR CONTROL OVER YOUR WALLET nor the ability to retrieve or transfer THE contents OF YOUR WALLET. ANY THIRD PARTY links are provided “as is” and use of such links is at your own risk.
- Disclaimer of Warranties.
CAVALRE IS ACTING SOLELY AS AN ARMS’ LENGTH THIRD PARTY IN RELATION TO USER AND NOT IN THE CAPACITY OF A FINANCIAL ADVISER OR FIDUCIARY OF ANY PERSON. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY, SECURITY OR ANY FINANCIAL INSTRUMENT OR AS LEGAL OR INVESTMENT ADVICE OR RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY, SECURITY OR INSTRUMENT) BY CAVALRE OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY CAVALRE. INFORMATION ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO INFORMATION ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY, OR GROUP OF INDIVIDUALS. CAVALRE EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY, OR OTHER INTEREST. CAVALRE DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. INFORMATION ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL PRODUCT OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CAVALRE.
No regulatory authority has examined or approved, whether formally or informally, of any of the information set out in the SERVICE. No such action or assurance has been or will be taken under the laws, regulatory requirements, or rules of any jurisdiction. The publication, distribution or dissemination of information on the SERVICE does not imply that the applicable laws, regulatory requirements, or rules have been complied with.
INFORMATION ACCESSIBLE THROUGH THE SERVICE (including any content or whitepapers) IS PROVIDED STrictly FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE, and does not constitute a prospectus, an offer document, an offer of securities, a solicitation for investment, or any offer to sell any product, item or asset (whether digital or otherwise). THE SERVICE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY CAVALRE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF, AND RELIANCE ON, THE SERVICE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAVALRE DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. CAVALRE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THE SERVICE.
CAVALRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. CAVALRE further MAKES NO REPRESENTATIONS OR WARRANTIES THAT your use of the SERVICE will be continuous, uninterrupted, error-free, virus-free, or that the SERVICE will meet your requirements. CavalRe further makes no representations or warranties that communications between you and CavalRe, or another user of the SERVICE, will be secure from interference, virus-free, or free of other harmful components.
THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY CAVALRE FROM ITS OFFICES WITHIN THE UNITED STATES. CAVALRE MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE IN OR OUTSIDE THE UNITED STATES. BY ACCESSING THE SERVICE, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND CAVALRE ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.
- Limitation of Liability.
NEITHER CAVALRE NOR ANY OF CAVALRE’S employees, subsidiaries, affiliates, agents, representatives, distributors, or licensors WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) property damage, cost of substitute goods or services, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR LOST PROFIT; (2) attorneys’ fees; or (3) any other INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF CAVALRE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, CAVALRE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, or inability to use, THE SERVICE, OR FROM YOUR DOWNLOADING OF ANY content or MATERIALS FROM THE SERVICE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON CAVALRE’S COMPUTERS AND/OR SERVERS. CAVALRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF CAVALRE’S SERVICE and associated SERVICES.
further, company will not be liable for any damages of any kind incurred as a result of your use of THIRD PARTY BLOCKCHAINS, NETWORKS, or ELECTRONIC WALLET SERVICES including but not limited to damages or claims arising from: (1) user error; (2) incorrectly construed smart contracts; (3) server failure or data loss; (4) corrupted wallet files; (5) data breaches, viruses, or other forms of attack against the service OR THIRD PARTY BLOCKCHAINS, NETWORKS or electronic wallet SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAVALRE, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00). THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND CAVALRE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Assumption of Risk
You acknowledge and accept each of the following: (a) the prices of blockchain assets are extremely volatile and we cannot guarantee that your assets will not lose value; (b) you are solely responsible for determining what, if any, taxes apply to your digital asset transactions; (c) Internet-based currency is subject to risk including but not limited to those presented by hardware, software and Internet connections and unauthorized access to your electronic wallet by third parties; (d) a lack of public interest in the creation and development of distributed ecosystems could negatively impact the development of the Service and, therefore, the potential value or utility of your digital assets; the regulatory infrastructure related to blockchain technologies, cryptocurrencies, and tokens is uncertain and new regulations or policies may materially and adversely affect the development of the Service and, therefore, the potential value or utility of your digital assets; upgrades or updates to the Avalanche Fuji Network may have unintended adverse effects on your digital assets.
- Indemnification and Remedies.
You agree to indemnify, defend, and hold harmless CavalRe and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Service; (b) your violation of applicable law; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Service or any services offered in connection with the Service, do not agree with any part of these Terms, or have any other dispute or claim with or against CavalRe with respect to these Terms or the Service, your sole and exclusive remedy is to discontinue using the Service.
- Choice of Law and Venue.
The laws of the State of Delaware shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Service, whether at law or in equity, must be brought in the state or federal courts located in New Castle County, Delaware, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
- Export Control.
You acknowledge that the products, software, and technical information (including, but not limited to, services and training) provided by CavalRe under these Terms are or may be subject to export laws and regulations of the United States and the destination country(ies) and any use or transfer of such products, software, and technical information must be authorized under those laws. You agree that you will not use, distribute, transfer or transmit the products, software or technical information (even if incorporated into other products) within the Service except in compliance with export Laws. If requested by CavalRe, you agree to sign all necessary export-related documents as may be required to comply with export laws.
- General Terms.
These Terms, including any documents referenced herein, represents the entire understanding between you and CavalRe regarding your relationship with CavalRe and use of the Service, and supersedes all other agreements, express or implied, written or oral, between you and CavalRe. The Service and these Terms may be translated into a language other than English for reference purpose only. In the event of conflict or ambiguity between the English language version and translated versions of the Service or these Terms, the English language versions shall prevail. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of CavalRe. The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, and indemnification.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. CavalRe’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, CavalRe has available all remedies at law or equity to enforce these Terms.
The relationship between you and CavalRe is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between you and CavalRe, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
CavalRe shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. You shall not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of CavalRe. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and CavalRe, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
- Changes to these Terms.
We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Service. Your continued use of the Service following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Service. If you do not agree to these revised Terms of Service, do not access or use the Service.
Where required, CavalRe may give notice to you by a general posting in the Service, by electronic mail, or by conventional mail to your address of record. You may give notice to CavalRe by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Service, or your dealings with CavalRe, please contact us at:
440 N. Wolfe Rd., Suite T2002
Sunnyvale, CA 94085