Terms and Conditions

EFFECTIVE DATE: 4 July, 2024

These Terms and Conditions (the “Terms” or this “Agreement”) govern the use of the electronic platform, including any website (the “Site”) for accessing the platform, and any services provided through the platform (collectively, the “Platform”) provided by mETH Protocol Limited (the “mETH Protocol”, “we”, “us” or “our”). The Terms form a binding agreement between mETH Protocol and you, as an individual user (“you”, “your” or “User”) for your individual usage of the Platform. By using the Platform, you confirm your acceptance of this Agreement and our associated Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Platform.

Securities Disclaimer: No material or any other information which may be made available on the Site or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities, crypto assets or other products. You further understand that none of the information providers, including any Third-Party Providers (as defined below) are advising you personally concerning the nature, potential, value or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or crypto asset is subject to a number of risks, and that discussions of any security or crypto asset published on the Site or Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, so any information, content, Third-Party Content (as defined below) or other material provided on or through the Site or Platform may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk.

No Professional or Investment Advice. Our Site and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by mETH Protocol. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

1. Definitions

1.1 Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:

(a) “Digital Assets” means ETH, mETH or cMETH.

(b) “Governmental Authority” mean any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.

(c) “Material” means any offering material, term sheet, market data, research report, product or service documentation or any other information provided through the Platform.

(d) “Personal Information” refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained.

(e) “Privacy Policy” means the additional terms and conditions governing the collection, use and disclosure of each User’s Personal Information. Each User must read and agree to the Privacy Policy in order to use the Site.

(f) “User” means any person that use the Site and access the Platform.

2. Changes

2.1 We reserve the right at any time to:

(a) modify, update or change the terms and conditions of this Agreement or our Privacy Policy;

(b) modify, update, or change the Site and Platform, including eliminating or discontinuing any content or feature of the Site or Platform; or

(c) impose fees, charges or other conditions for use of the Platform or parts thereof (with reasonable notice) (all of the foregoing referred to as “Changes”).

2.2 We may make such Changes at any time without prior notice. Any Changes to this Agreement may be posted on our website. For this reason, you should check our website regularly. You accept any Changes if you continue to use the Site and Platform after such Changes are effected.

3. About the Platform and Middleware

3.1 Platform.

The Platform aggregates and publishes publicly available third-party information about staking technology. The Platform also offers interaction methods whereby the User can indicate a transaction that the User would like to perform in connection with the publicly available mETH Protocol Smart Contract Systems (the “Middlewares”). The interaction methods include accessing the functionalities of publicly deployed Middleware for Users to self-authorize token transfers and self-mint utility tokens on relevant blockchains. When used in this way, the Platform can generate a draft transaction message which a User can independently use in conjunction with a third-party wallet application or device to conduct transactions on any of the relevant blockchains.

3.2 Middleware. 

mETH Protocol Smart Contract Protocol is a permissionless ETH liquid staking and restaking protocol deployed on Ethereum L1. Each Middleware is a copy of one of the mETH Protocol Smart Contract Protocols that is compiled to bytecode and permanently associated with one or more specific public addresses on specific blockchains or any offchain services which interact with such Smart Contracts.

3.3 Platform relationship to Middleware.

Using the relevant blockchain systems, third-party supplied wallets, devices, validator nodes or the Middleware does not require use of this Platform. Anyone with an internet connection can connect directly to the Middleware or blockchain without accessing or using the Platform.

The Platform maintainers do not own, operate or control the blockchain systems, wallets or devices, validator nodes, or the Middleware.

The Platform aggregates and publishes publicly available information about the Middleware in a user-friendly and convenient format. Such information is also independently available from other sources—for example, a User may directly review the blockchain transaction history, account balances, and the individual mETH Protocol Smart Contract Systems on compatible block explorers on each relevant blockchain. Users may also access code repositories for the various mETH Protocol Smart Contract Protocols on platforms like Github.

By combining publicly available information with the User’s interactions with the Platform, the Platform can draft standard transaction messages compatible with the Middleware. Standard transaction messages are designed to accomplish the User’s operational goals as expressed through the interactions. If the User wishes, they may broadcast such messages to the relevant blockchain in order to initiate staking.

All draft transaction messages are delivered by the Platform via an API to a compatible third-party wallet application or device selected by the User after pressing the “Connect Wallet” (or similar) button on the Platform.

The User must personally review and authorize all transaction messages that the User wishes to send to blockchain systems; this requires the User to sign the relevant transaction message with a private cryptographic key inaccessible to the Platform or the Platform maintainers, or Platform contributors. The use of such associated private cryptographic keys is beyond the control of the Platform, the Platform maintainers, or contributors.

The User-authorised message will then be broadcasted to blockchain systems through the wallet application or device and the User may pay a network fee to have the transaction message delivered through the Middleware and record the results on the appropriate blockchain—resulting in a token transaction being completed on that blockchain.

The Platform maintainers and the mETH Protocol are not agents or intermediaries of the User. The Platform or the Platform maintainers do not store, have access to or control over any tokens, private keys, passwords, accounts or other property of the User. The Platform or the Platform maintainers are not capable of performing transactions or sending transaction messages on behalf of the User. The Platform or the Platform maintainers do not hold and cannot purchase, sell or trade any tokens. All transactions relating to the Middleware are executed and recorded solely through the User’s interactions with the respective blockchains. The interactions are not under the control of or affiliated with the Platform maintainers or the Platform.

4. Eligibility and Registration

4.1 You must be at least 18 years of age to access and use the Site and Platform. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. 

5. Intellectual Property

5.1 All title, ownership rights and intellectual property rights in or relating to the Site and Platform, any information transmitted by, to or over the Platform and information regarding use of the Platform will remain with mETH Protocol or its licensors. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any of mETH Protocol’s or any third party’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.

5.2 The Platform may provide you access to content, information, quote, videos, photos or other materials (the “Third-Party Content”) supplied by certain third parties (the “Third-Party Content Providers”). mETH Protocol does not endorse or recommend, and is not responsible for verifying the accuracy, validity or completeness of any Third-Party Content provided through the Site or Platform. Your use or reliance on such Third-Party Content is at your sole risk. All title, ownership rights and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any Third-Party Content Provider’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.

5.3 All other rights in the Site are reserved by mETH Protocol. In the event of your breach of these Terms, we will be entitled to terminate your use and access to the Site and Platform immediately.

5.4 You agree not to:

(a) modify, adapt, reproduce, translate or create derivative works of the Site or Platform, or any data or content (including the Third-Party Content) provided through the Site or Platform, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Platform;

(b) remove any copyright notice, trademark, legend, logo or product identification from the Site or Platform;

(c) misrepresent the other sites as mETH Protocol’s Site by co-opting the visual “look and feel” of or text from mETH Protocol’s Site or otherwise violate mETH Protocol’s intellectual property rights, including, without limitation, “scraping” text or images from mETH Protocol’s Site or mETH Protocol managed banners and/or text links, search marketing or all other online and offline campaigns,

(d) edit, modify, filter, truncate or change the order of the information contained in any part of mETH Protocol’s Sites, or remove, obscure, or minimize any part of mETH Protocol’s Site in any way without authorization of mETH Protocol; or

(e) make any commercial use of the Site or Platform or mETH Protocol’s logo, trademark or brand name in any way.

5.5 Each User authorizes mETH Protocol to use any information or content provided by the User or processed in connection with the use of the Site and Platform (e.g. Personal Information, geographic information, device information) in the context and for the purpose of providing services or products on the Platform and the secure use of the Site and the Platform.

6. ETH Staking and mETH Restaking

6.1 Opt-In and Subscriptions

(a) You may request to stake your ETH in the Middleware and via staking services provided by mETH Protocol and third party validator operators. mETH Protocol is a liquid staking protocol, with receipt token ‘mETH’ which can be further used in centralized and decentralized Applications, or redeemed via mETH Protocol.

(b) You may request to restake your mETH in the Middleware and via restaking services provided by mETH Protocol, third party protocols, and thirdparty validator operators. The receipt token ‘cmETH’ can be further used in centralized and decentralized Applications, or redeemed via mETH Protocol.

(c) You may have the option to swap for the receipt tokens (mETH, or cmETH) directly via thirdparty exchanges.

6.2 Title

(a) Title to the staked and re-staked Digital Assets shall at all times remain with you (the holder of the receipt tokens) and shall not transfer to mETH Protocol. All interests in Digital Assets restaked through mETH Protocol are not the property of mETH Protocol, and are not subject to claims of mETH Protocols creditors. As a direct or indirect owner of your Digital Assets, you shall bear all risk of loss of such Digital Assets. mETH Protocol shall have no liability for your Digital Asset fluctuations or loss. None of your Digital Assets are the property of, or shall or may be loaned to, mETH Protocol. mETH Protocol does not represent or treat assets in User’s Digital Assets as belonging to mETH Protocol.

By electing to stake your ETH, restake your mETH, or hold either mETH or cmETH, you understand the agree to and accept the following RISKS:

6.3 Risks associated with Strategies, Handling, and Routing

You irrevocably authorise mETH Protocol to route, or otherwise deal with, your staked and re-staked Digital Assets in any way it deems fit to realise the risk-reward exposure as displayed on the Platform. For the mETH product, we will facilitate the staking of ETH on the Ethereum proof-of-stake protocol. For the cmETH product, we will facilitate the re-staking of mETH on a variety of third party restaking protocols. 

6.4 Risks associated with Slashing

(a) The Ethereum protocol subjects the staked-ETH to “slashing” if the validator representing those assets has incorrectly conducted validation services in such a way that it incurs a slashing penalty, for more information refer to Ethereum Documentation https://ethereum.org/en/developers/docs/consensus-mechanisms/pos/rewards-and-penalties/. WE DO NOT GUARANTEE THAT THE ETH PRINCIPAL WILL NOT BE SLASHED.

(b) Various thirdparty Restaking Protocols subject the staked mETH to “slashing” if the validator operators representing those assets has incorrectly conducted validation services in such a way that it incurs a slashing penalty, for more information refer to the slashing rules for the restaking protocols. WE DO NOT GUARANTEE THAT THE ETH PRINCIPAL WILL NOT BE SLASHED.

(c) You further understand and agree that the slashing rules may be updated from time to time and we expressly deny and disclaim any liability to you and deny any obligations to indemnify or hold you harmless for any losses you may incur as a result of slashing.

6.5 Risks associated with Socialization

The underlying exposure for holders of mETH and cmETH is socialized, and there is no ability to select your specific staking exposure, or restaking exposure

6.6 Risks associated with Third Parties

(a) As with the protocols for other Digital Assets, mETH Protocol does not own or control the underlying Ethereum protocol which governs the operation of mETH. mETH Protocol does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations.

(b) mETH Protocol does not guarantee the security or functionality of any third-party protocol, software or technology intended to be compatible with mETH and is not responsible for any losses of Digital Assets due to the failure of third-party protocol, software or technology.

6.7 Risks associated with Rewards and Returns

(a) For ETH staking you may be eligible to receive Ethereum validation rewards as determined by the Ethereum protocol. Unless otherwise specified, the staking rewards rate disclosed by us is an estimate and may change over time. WE DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY STAKING REWARDS.

(b) For mETH Restaking you may be eligible to receive rewards provided by third-party restaking protocols and associated validation services. Unless otherwise specified, the re-staking rewards rate disclosed by us is an estimate and may change over time. WE DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY RESTAKING REWARDS.

(c) Rewards are derived from the Protocols. Protocols are environments to which we exercise no control over. We therefore do not dictate or have any control on Rewards. You should conduct your own independent due diligence and risk assessment before Staking or Restaking your Assets, in particular you should review information relating to distributions of Rewards, including any information on the actual annual percentage yield (“APY”), rewards, incentives, or any other service terms of the Platforms and Middleware.

(d) The expected rewards displayed on the Platform are the theoretical estimates of returns; they are not the actual rewards guaranteed or promised by mETH Protocol. Actual rewards may vary from the expected returns. Your final rewards will be based on the actual rewards you receive, which shall be distributed by mETH Protocol in its sole discretion. mETH Protocol does not make any guarantee or promise to the actual yields that you may receive by using the service.

6.8 Risks associated with Market Price and Market Availability

(a) The market price of Digital Assets (ETH, mETH, cmETH) may be affected by market fluctuations. We cannot control how third-party exchange platforms quote or value cryptocurrencies and other digital assets. We expressly deny and disclaim any liability to you and deny any obligations to indemnify or hold you harmless for any losses you may incur as a result of fluctuations in the value of cryptocurrencies or other digital assets.

(b) You are willing to bear potential financial losses and risks associated with the inability to trade your Digital Assets.

(c) mETH Protocol does not guarantee the value of your staked ETH principal, receipt tokens or associated rewards.

(d) mETH Protocol is not responsible for any decrease in the value of your staked ETH principal, receipt tokens or associated rewards.

(e) mETH Protocol will not guarantee the market liquidity and market availability of receipt tokens.

6.9 Risks associated with the Regulatory Environment

(a) As with other Digital Assets, the protocol and receipt token could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to the receipt token.

6.10 Risks associated with Receipt Token and Redemptions

(a) Receipt tokens are bearer instruments. YOU ARE solely responsible for safeguarding your cryptographic private keys for your digital asset wallets and should not share your wallet credentials or seed phrase with any unauthorized party. We do not assume any responsibility for or liability to you in connection with your use of a wallet, and make no representations or warranties regarding how our Site will operate with any specific wallet. Any associated wallet is your sole responsibility, and we are not liable for any actions or omissions by you resulting from a compromised wallet. This Agreement does not create or impose any fiduciary duties on us.

(b) If you hold mETH and satisfy eligibility requirements, you may initiate requests to redeem mETH for the underlying ETH, the available accumulated rewards, and slashing penalties, if applicable. Depending on available redemption liquidity, your request may trigger mETH Protocol systems to unstake ETH to facilitate your redemption quantity. The redemption process may take up a period of time to complete. Depending on the protocol, you may or may not receive staking rewards during the redemption process. Expected redemption periods are estimates only.

(c) If you hold cmETH and satisfy eligibility requirements, you may initiate requests to redeem cmETH for the underlying mETH, the available accumulated rewards, and slashing penalties if applicable. Depending on available redemption liquidity, your request may trigger mETH Protocol systems to unstake mETH to facilitate your redemption quantity. The redemption process may take up a period of time to complete. Depending on the protocol, you may or may not receive staking rewards during the redemption process. Expected redemption periods are estimates only.

7. User Access Obligations

7.1 You understand and agree that the information and services provided by the Platform are not provided to, and may not be used by or for the benefit of, any individual or entity in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such Platform or information and services. We also do not offer services or products to Users in a few excluded jurisdictions including the United States, North Korea, Cuba, Iran, Russian-controlled regions of Ukraine (currently including the Crimea, Donetsk, and Luhansk regions), Syria, or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion (the “Excluded Jurisdictions”). You should inform us immediately if you become a resident in any of the Excluded Jurisdictions or are aware of any Users based in any of the Excluded Jurisdictions. You understand and acknowledge that if it is determined that you have given false representations of your location or place of residence, mETH Protocol reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions. We also do not offer services to persons or entities in the U.S. Treasury Department’s List of Specially Designated Nationals or Blocked Persons, the EU’s Consolidated Financial Sanctions List or the UK Sanctions List, or any entity that is owned or controlled (50 percent or greater) by a person or entity on such lists (hereinafter “Prohibited Parties”), or offer services that involve or otherwise benefit Prohibited Parties. You understand that mETH Protocol reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including terminating Users from accessing and using the Site and Platform.

7.2 Each User shall secure all of their devices or systems used to access the Platform, including, without limitation, installing and regularly updating browsers, security patches, antivirus, anti-malware and other relevant software in the devices or systems.

8. Prohibited Uses

8.1 You shall use the Site or Platform solely in compliance with these Terms, solely for your own or your internal business purposes. You shall not sell, lease or otherwise provide access to the Site or Platform to any third party, nor act as a service bureau or otherwise use the Site or Platform on behalf of any third party.

8.2 You shall not use the Site or Platform in any way, provide any information or content, or engage in any conduct in using the Site or Platform that:

(a) is unlawful, illegal or unauthorized;

(b) is defamatory of any other person;

(c) is obscene, sexually explicit or offensive;

(d) advertises or promotes any other product or business;

(e) is likely to harass, upset, embarrass, alarm or annoy any other person;

(f) is likely to disrupt the Platform in any way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(g) infringes any copyright, trademark, trade secret, or other proprietary right of any other person;

(h) restricts or inhibits any other person from using the Platform, including, without limitation, by means of “hacking” or defacing any portion of the Platform;

(i) disables, damages or alters the functioning or appearance of the Platform;

(j) “frames” or “mirrors” any part of the Platform without our prior written authorization;

(k) uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;

(l) harvests or collects information about other Users without their express consent;

(m) sends unsolicited or unauthorized advertisements, spam, or chain letter to other Users of the Platform;

(n) transmits any content which contains software viruses, or other harmful computer code, files or programs; or

(o) advocates, promotes or assists any violence or any unlawful act.

9. Provision of Material and Information

9.1 By choosing to use the Platform, each User acknowledges that:

(a) mETH Protocol is NOT under any obligation whatsoever to accede to the User’s request to provide Material on any products and/or services; and

(b) any Material, where provided, was provided for the User only and is not to be further distributed without the written consent of mETH Protocol.

9.2 You acknowledge that neither mETH Protocol nor the Platform is your investment adviser or fiduciary. You further acknowledge that none of the Materials we provide or made available on the Platform constitutes our recommendation or solicitation that you enter into any particular transaction or that any particular transaction is suitable or appropriate for you.

9.3 You acknowledge that we have no duty or obligation to verify, correct, complete or update any Material displayed on the Platform. Materials, including without limitation, market data, price quotations, news and research, may be prepared by information providers that are independent of us. We do not warrant that the Material will be accurate, complete or refreshed in a timely manner. You should conduct further research and analysis or consult an investment advisor before making investment decisions. Any use of or reliance on materials by you is at your own risk. We are not obligated to inform you of technical difficulties experienced by us concerning access to the Platform.

9.4 Information regarding your Digital Assets is available to you in electronic format for viewing anytime (subject to down times) at the Site. You may review online all transactions, including requests, deposits and withdrawals, that have taken place in the previous time as mETH Protocol may determine from time to time. You acknowledge that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.

9.5 The content and information displayed through the Platform relating to products and services may not be eligible for sale or available to residents of certain nations or certain categories of investors due to regulatory restrictions.

10. Personal Information

10.1 As part of the Platform, Personal Information of the User may be collected, used, transferred, disclosed or otherwise processed by mETH Protocol in accordance with the Privacy Policy. You should read the Privacy Policy carefully before using the Site and Platform. You consent to the collection, use and disclosure of your Personal Information in accordance with these Terms and the Privacy Policy.

10.2 You agree to provide true, accurate, current and complete Personal Information. You further agree to maintain and promptly update the Personal Information to keep it true, accurate, current and complete at all times during the term of this Agreement.

10.3 You shall comply with any reasonable requests by us for information, documents and agreements related to any transaction or your use of the Site or Platform. You understand that we may report such information to such regulatory authorities as we deem necessary pursuant to the Privacy Policy.

10.4 Please note that we may collect information using tracking technologies regarding your device, such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. The User consents to such use of tracking technologies and acknowledges that the information obtained, including Personal Information, may be matched to public or private information accessible to mETH Protocol. We may also collect precise geolocation data from or about your device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.

11. Disclaimer and Risks of Use of Platform

11.1 The Platform and Site, including all content (including Third-Party Content), features and any related services are provided on an “As Is” and “As Available” basis at the User’s sole risk and without any representations or warranties. We do not guarantee that all or any part of the Platform will be available or accessible by the User at all times.

11.2 The use of the Platform, due to the installation or use of the Site and the associated reference points with third parties (for example, distribution platform providers, network providers, device manufacturers) involves risks, in particular:

(a) disclosure of your Personal Information or other information to third parties;

(b) system outages, security-related restrictions and unauthorized removal of use restrictions on the end device, and other disturbances which may make use impossible; and 

(c) misuse due to manipulation by malware or unauthorized use, including in the event the User’s device used to access the Site or the Platform is lost or stolen.

11.3 In addition, you have received, read and understood any risk disclosures set out below, and are fully aware of the potential risks associated with the access to or use of the Platform: 

(a) You assume the risks of engaging in novel and experimental technology. Technologies such as smart contracts on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks are experimental, speculative, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of cryptoassets, their market value, or digital funds. We assume no liability or responsibility for any such risks. If you are not comfortable assuming these risks, you should not access or engage in transactions using blockchain-based technology.

(b) We are not liable for any third-party services or links. We are not responsible for the content or services of any third-party, including, without limitation, any network or apps like Discord or MetaMask, and we make no representations regarding the content or accuracy of any third-party services or materials. The use and access of any third-party products or services are at your own risk. Please note that we do not have control over third-party services. Consequently, we cannot guarantee, endorse, or recommend such content or services to users of the mETH Protocol, nor can we endorse their use for any specific purpose.

(c) You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge and agree that all transactions accessed through the blockchain-based networks will be automatically processed using one or more smart contracts. By engaging in transactions using the Platform, you acknowledge and consent to the automatic processing of all transactions in connection with using the services. You further acknowledge and agree that the applicable smart contract will dictate how the funds of a transaction and ownership of cryptoassets are distributed.

(d) You acknowledge the risks of using the Platform. You bear sole responsibility for evaluating the Platform before using them, and all transactions on the blockchain are irreversible, final, and without refunds. The services may be disabled, disrupted, or adversely impacted as a result of sophisticated cyber-attacks, surges in activity, computer viruses, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify you of all the potential risks of using and accessing our services. You agree to accept these risks and agree that you will not seek to hold us responsible for any consequent losses.

(e) We do not guarantee the quality or accessibility of the services. As a condition to accessing or using the Platform, you acknowledge, understand, and agree that from time to time, the services may be inaccessible or inoperable for any reason, including, but not limited to equipment malfunctions, periodic maintenance procedures or repairs, causes beyond our control or that we could not reasonably foresee, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers or external partners for any reason. 

(f) You acknowledge and agree that you will access and use the services on the Platform at your own risk. You should not engage in blockchain-based transactions unless it is suitable given your circumstances and financial resources. By using the Platform, you represent that you have been, are, and will be solely responsible for conducting your own due diligence into the risks of a transaction and the underlying smart contracts and cryptoassets.

(g) There are risks when you interact with third party Protocols or decentralized application (DApps), such as contract vulnerabilities, bugs, hacking incidents, malfunctions, cyberattacks, changes to blockchains or extreme fluctuations, among other risks. We assume no responsibility or liability for any such risks and bear no responsibility and are not liable for any losses you may suffer when you interact with third party Protocols or the DApps.

11.4 We are entitled to block or disable the use of the Site on end devices if the security features devised by the operating system or manufacturer of such device on which the Site is installed have been modified at any time (for example, a device that has been “jailbroken”). Accordingly, we do not guarantee the functioning and operation of the App on end devices which have been modified in this way or on older end devices that no longer meet the technical requirements for the use of the Site or access to the Platform.

11.5 ALL WARRANTIES, CONDITIONS OR TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING WITHOUT LIMITATION RELATING TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, OR UNINTERRUPTED, ERROR-FREE ACCESS ARE EXPRESSLY EXCLUDED FOR THE SITE AND PLATFORM TO THE FULLEST EXTENT PERMITTED BY LAW.

11.6 No representation or warranty, express or implied, can be given as to the accuracy or completeness of the information provided in the Platform.

11.7 Each User acknowledges and accepts the risks that may arise from Internet transactions conducted via open systems accessible to anyone and acknowledges that despite the encryption of data, the connection from the User’s personal computer or electronic mobile device to the Platform over the Internet may be observable. We may also use servers and other computer hardware situated in any jurisdiction worldwide for the provision of any portion of the Platform.

11.8 We exclude any and all liability for loss or damage caused by transmission errors, technical faults, breakdowns, business interruptions or illegal interventions into transmission networks, IT systems/computers of the User or of any third party (including systems in the public domain).

12. Release

12.1 To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release us, our parent company, affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the “Indemnified Parties”), from any and all allegations, counts, charges, debts, causes of action, claims and losses, relating in any way to the use of, or activities relating to the use of the Site, Platform, Middleware and any services or Third-Party Content provided through the Site, Platform or Middleware, including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation, false identities, fraudulent acts by others, invasion of privacy, release of Personal Information, failed transactions, purchases or functionality of the Platform, unavailability of the Site, the Platform, Third-Party Content or Middleware, their functions and any other technical failure that may result in inaccessibility to the Site, the Platform, Third-Party Content or Middleware, or any claim based on vicarious liability for torts committed by you encountered or transacted with through the Site, Platform, Third-Party Content and Middleware, including, but not limited to, fraud, computer hacking, theft or misuse of Personal Information, assault, battery, stalking, rape, cheating, perjury, manslaughter, or murder. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by us. This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

13. Indemnification and Limitation of Liability

13.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of (i) your (or if you are under another person’s authority, including, without limitation, Governmental Authorities, such other person’s) use, misuse, or inability to use the Site, the Platform, Middleware, or any of the content, including Third-Party Content contained therein or any content or information that you provided to the Platform; or (ii) your breach of this these Terms, including those documents that are expressly incorporated into these Terms by reference and form a part of these Terms.

13.2 We shall notify you by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so.

13.3 UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE PLATFORM, THE SITE, THIRD-PARTY CONTENT OR MIDDLEWARE, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, THE PLATFORM, THIRD-PARTY CONTENT OR MIDDLEWARE OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13.4 IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM, OR THE SITE, OR 10,000 U.S. DOLLARS, WHICHEVER IS GREATER.

13.5 Force majeure. We will not be liable for our failure to perform any obligations under these Terms due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, without limitation, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fiber cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures.

14. Suspicion or Termination in Whole or in Part

14.1 Access to the Platform may be suspended or terminated in whole or in part at any time either by the User or by us in accordance with the Terms. In addition, we reserve the right at our sole discretion to suspend or terminate immediately and without notice any User’s access to or use of the Site and the Platform if they violate any provision of these Terms or otherwise according to Section 14.2. Your access to the Platform will be automatically terminated upon termination of your Account. Sections 1, 2, 5, and 7-17 and any claims for breach of these Terms shall survive such termination.

14.2 We may, at any time and at our sole discretion, limit, suspend or terminate, or issue a warning to you regarding the Platform, including blocking the access (or certain functionalities thereof such as uploading, receiving, sending and/or withdrawing Digital Assets), inter alia, if:

(a) we believe it is necessary or desirable to protect the security of your Digital Assets;

(b) if any transactions are made which we in our sole discretion deems to be (i) made in breach of this Agreement or in breach of the security requirements of the Platform or Middleware; or (ii) suspicious, unauthorized or fraudulent, including without limitation in relation to money laundering, terrorism financing, fraud or other illegal activities;

(c) if we become aware or suspect that any of your Digital Assets may be associated with criminal proceeds or otherwise are not lawfully possessed by you;

(d) upon the insolvency, liquidation, winding up, bankruptcy, administration, receivership or dissolution of User, or where we reasonably consider that there is a threat of the same in relation to you;

(e) we are unable to verify or authenticate any information you provided;

(f) we believe, in our sole and absolute discretion, that your actions may cause legal liability for you, the Platform or other Users of the Platform;

(g) we decide to cease operations or to otherwise discontinue any services or options provided by the Platform, or parts thereof;

(h) there is a change in your circumstances (including a deterioration in or change to your financial position) which we consider, in our sole discretion, material to the continuation of your use of the Platform;

(i) we are directed as such by any Governmental Authority;

(j) we are otherwise required to do so by applicable law;

(k) there is a disruptive market event that triggers a trade halt; or 

(l)we otherwise decide in our sole discretion that termination or suspension of your access to the Platform is necessary.

14.3 We have no obligation to inform you of the ground or basis for termination, limitation or suspension your access of the Platform or other actions we take regarding the Site, the Platform or the Middleware.

14.4 Neither mETH Protocol, the Middleware nor any third party acting on their behalf shall be liable to you for any suspension, limitation or termination of your access to any part of the Platform in accordance with this Agreement.

14.5 You shall not attempt to regain access to the Platform if your access is terminated by us, whether using the same or different username, without our prior written consent.

14.6 If there is any ongoing transaction on the Account that is subject to the termination procedures, mETH Protocol shall have the right to notify your counterparty of the proposed termination.

14.7 mETH Protocol or the responsible third party Custodians that maintain custody of the assets and user data/information which may be turned over to Governmental Authorities in the event of  suspension, limitation or termination arising from fraud investigations, investigations of violation of law or violation of these Terms. We will not be liable to you and/or any third party for loss or damage suffered due to delay, transmission errors, technical faults or defects, breakdowns and illegal intrusion or intervention in the information provided and services offered, or any failures or delays in completing any orders or transactions using the Platform or Middleware. Similarly, we will not be liable for any loss or damage suffered due to delays, technical faults or interruptions in the availability of the Site, the Platform, or Middleware (including maintenance work required by our systems).

15. Records Conclusive

15.1 The calculation and records in mETH Protocol’s system in relation to the Platform and Middleware, including, but not limited to, the transaction history and balance of your Digital Assets, will be final and conclusive and be binding on each User for all purposes. Each User agrees that such records are admissible in evidence and further undertakes to waive any rights to challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were produced by or were the output of a computer system or are set out in electronic form.

16. General

16.1 These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and mETH Protocol with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by mETH Protocol as provided herein. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

17. Governing Law and Dispute Resolution

17.1 These Terms shall be governed by the laws of Singapore.

17.2 Any dispute arising out of or in connection with these Terms or the Platform, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. Any award is final and may be enforced in any court of competent jurisdiction. The parties shall duly and punctually perform their obligations hereunder pending issuance of the arbitral award.