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adding the terms and conditions link

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surbhi
2025-11-24 13:43:05 -04:00
parent 4214f94ab8
commit d47f3d566a
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src/app/terms/page.tsx Normal file
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import TosCard from '@/components/tos-card';
export default function TermsPage() {
return <TosCard />;
}

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src/components/providers.tsx
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{children}
</main>
<footer className="py-4 text-center text-sm text-muted-foreground border-t">
©{new Date().getFullYear()} Dexorder Trading Services, Ltd. (BVI)
<div className="mb-2">
©{new Date().getFullYear()} Dexorder Trading Services, Ltd. (BVI)
</div>
<div>
<a href="/terms" className="hover:text-foreground underline transition-colors">
Terms of Service
</a>
</div>
</footer>
</div>
</ToastProvider>

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src/components/tos-card.tsx Normal file
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import React from 'react';
export default function TosCard() {
return (
<div className="max-w-5xl mx-auto p-5">
<div className="bg-card rounded-lg shadow-md p-6 border">
<h1 className="text-2xl font-semibold text-center mb-4">Dexorder Terms of Service</h1>
{/* MAKE SURE TO UPDATE THE VERSION VARIABLE AS WELL */}
<p className="text-center mb-4">Last Updated November 18, 2024</p>
<div className="mb-4 leading-relaxed">
Please read these Terms of Service (the "<b>Terms</b>") and our{' '}
<a href="https://dexorder.com/privacy-policy" target="dexorder">
Privacy Policy
</a>{' '}
carefully because they govern your use of the website (and all subdomains and subpages
thereon) located at dexorder.com, including without limitation the subdomains
app.dexorder.com and www.dexorder.com (collectively, the "<b>Site</b>"), and the Dexorder
web application graphical user interface and any other services accessible via the Site
(together with the Site, web application, and other services, collectively, the "
<b>Dexorder Service</b>") offered by Dexorder Trading Services Ltd. ("<b>Dexorder</b>," "
<b>we</b>," "<b>our</b>," or "<b>us</b>").
</div>
<div className="mb-4 leading-relaxed">
<b>
BY USING THE DEXORDER SERVICE, YOU REPRESENT THAT (I) YOU ARE NOT LOCATED WITHIN THE
UNITED STATES; AND (II) YOU ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, A CITIZEN OF,
IS LOCATED IN, IS INCORPORATED IN, OR HAS A REGISTERED OFFICE IN ANY RESTRICTED
TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM WITHIN THE UNITED STATES OR
A RESTRICTED TERRITORY, IS REFERRED TO HEREIN AS A "RESTRICTED PERSON").
</b>
</div>
<div className="mb-4 leading-relaxed">
WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY
DISPUTE BETWEEN YOU AND DEXORDER THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN
COURT. PLEASE REVIEW CAREFULLY SECTION 16 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING
ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW
PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY
TO YOU, BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW) WILL APPLY INSTEAD.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">1. Description of Dexorder Service</h2>
<div className="mb-4 leading-relaxed">
(a) The Dexorder Service allows you to access an online web application graphical user
interface (the "<b>App</b>") which enables you to interact with a protocol consisting of a
set of smart contracts (the "<b>Smart Contracts</b>") and to create and interact with a
user controlled smart contract involving digital assets over which only you have upgrade
authority (a "<b>Vault</b>" and together with the Smart Contracts, the "<b>Protocol</b>").
You may use your Vault to send signals to, interact with, and initiate actions on third
party smart contract blockchain protocols ("<b>Interactions</b>") operating on
decentralized exchanges (e.g., Uniswap) ("<b>DEXs</b>"). Certain Interactions may require
threshold parameters to be met and that a third party transmit an oracle related activation
signal (the "<b>Activation Signal</b>") to the Vault in order to effectuate your commands
(such party being an "<b>Oracle</b>"). Dexorder may in the ordinary course of events be an
Oracle ("<b>Dexorder Oracle</b>"), but bears no obligation nor promise to do so on an
ongoing basis, and you may send such Activation Signal yourself or utilize a third-party
Oracle to do so. Further, Dexorder is not and does not offer a digital wallet, and has no
custody or control over your digital wallet, which is never accessible by Dexorder, and only
users, and not Dexorder, may provide or withdraw tokens to be held by Vault. From time to
time, the Services may include making recommendations with respect to technical changes that
only you may accept and implement.
</div>
<div className="mb-4 leading-relaxed">
(b) <b>Interface</b>. The Dexorder Service provides you with access to the Protocol, which
is a user controlled, non-custodial protocol, upgradeable only by your actions and consent,
deployed on the blockchains indicated on our Site, and provides information and interaction
capabilities with other blockchain related service providers. All information provided in
connection with your access and use of the Dexorder Service is for informational purposes
only. You should not take, or refrain from taking, any action based on any information
contained on the Dexorder Service or any other information that we make available at any
time, including blog posts, data, articles, links to third-party content, Discord content,
news feeds, tutorials, tweets, and videos. Before you make any financial, legal, technical,
or other decisions involving the Dexorder Service, you should seek independent professional
advice from a licensed and qualified individual in the area for which such advice would be
appropriate. Because the Dexorder Service provides information about the Protocol, these
Terms also provide some information about the use of the Protocol. This information is not
intended to be comprehensive or address all aspects of the Protocol.
</div>
<div className="mb-4 leading-relaxed">
(c) <b>Our Relationship</b>. You acknowledge and agree that Dexorder is an online platform
provider and not a financial institution, broker dealer, exchange or money services
business. Dexorder does not direct or control the day-to-day activities of users accessing
the Dexorder Service. Neither we nor any affiliated entity is a party to any transaction on
the blockchain network underlying the Protocol; we do not have possession, custody or
control over any cryptoassets appearing on the Dexorder Service or on the Protocol; and we
do not have possession, custody, or control over any user's funds or cryptoassets. Further,
we do not store, send, or receive any funds or cryptoassets on your behalf. You understand
that when you interact with any Protocol smart contracts, you retain control over your
cryptoassets at all times. You are solely responsible for evaluating any proposed technical
changes and how such changes may alter current or future Interactions. Furthermore, you
understand and acknowledge that only you have absolute and ultimate authority over the
implementation of any such changes and the responsibility therefor. The private key
associated with your Vault is the only private key that can control the cryptoassets in the
Vault. You alone are responsible for securing your private keys. We do not have access to
your private keys. Because the Protocol is non-custodial, we are not intermediaries, agents,
advisors, or custodians, and we do not have a fiduciary relationship or obligation to you
regarding any other decisions or activities that you affect when using the Dexorder Service
or interacting with the Protocol. You acknowledge that we, for the avoidance of doubt, do
not have any information regarding any users, users' identities, or services beyond what is
available, obtainable publicly via the blockchain, or shared by you when you access the
Dexorder Service. We are not responsible for any activities you engage in when using the
Dexorder Service, and you should understand the risks associated with cryptoassets,
blockchain technology generally, and the Interface.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">2. Agreement to Terms</h2>
<div className="mb-4 leading-relaxed">
By using our Dexorder Service, you agree to be bound by these Terms. If you don't agree to
be bound by these Terms, do not use the Dexorder Service.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">3. Changes to these Terms or the Dexorder Service</h2>
<div className="mb-4 leading-relaxed">
We may update the Terms, including any addendum terms, from time to time in our sole
discretion. If we do, we'll let you know by posting the updated Terms on the Site and/or may
also send other communications. It's important that you review the Terms whenever we update
them or you use the Dexorder Service. If you continue to use the Dexorder Service after we
have posted updated Terms it means that you accept and agree to the changes. If you don't
agree to be bound by the changes, you may not use the Dexorder Service anymore. Because our
Dexorder Service is evolving over time we may change or discontinue all or any part of the
Dexorder Service, at any time and without notice, at our sole discretion.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">4. Who May Use the Dexorder Service?</h2>
<div className="mb-4 leading-relaxed">
(a) <u>Eligibility</u>. The Dexorder Service is only available to users in certain
jurisdictions outside of the United States and that are at least 18 years old, capable of
forming a binding contract with the Dexorder and not otherwise barred from using the
Dexorder Service under Applicable Law. You may not attempt to access or use the Dexorder
Service if you are not permitted to do so (including without limitation if you are a
Restricted Person).
</div>
<div className="mb-4 leading-relaxed">
(b) <u>Compliance</u>. You certify that you will comply with all Applicable Law when using
the Dexorder Service. You are solely responsible for ensuring that your access and use of
the Dexorder Service in such country, territory, or jurisdiction does not violate any
Applicable Laws. You must not use any software or networking techniques, including use of a
virtual private network ("<b>VPN</b>") to circumvent or attempt to circumvent this
prohibition. We reserve the right to monitor the locations from which our Dexorder Service
is accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to
block access to the Dexorder Service, in whole or in part, from any geographic location, IP
addresses, and unique device identifiers
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">5. Use of the Dexorder Service</h2>
<div className="mb-4 leading-relaxed">
(a) <u>User Representations and Warranties</u>. As a condition to accessing or using the
Dexorder Service, you represent and warrant to Dexorder that:
</div>
<div className="mb-4 leading-relaxed ml-8">
(i) if you are entering into these Terms as an individual, then you are of legal age in the
jurisdiction in which you reside and you have the legal capacity to enter into these Terms
and be bound by them and if you are entering into these Terms as an entity, then you must
have the legal authority to accept these Terms on that entity's behalf, in which case "you"
(except as used in this paragraph) will mean that entity;
</div>
<div className="mb-4 leading-relaxed ml-8">(ii) you are not in or residing in the United States;</div>
<div className="mb-4 leading-relaxed ml-8">
(iii) you are not in or residing in Cuba, Iran, North Korea, Syria, Belarus, Russia, and the
Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country
or jurisdiction to which the Cayman Islands, the United Kingdom, United States, the United
Nations Security Council, or the European Union embargoes goods or imposes similar sanctions
(collectively, "<b>Restricted Territories</b>");
</div>
<div className="mb-4 leading-relaxed ml-8">
(iv) you are not on any sanctions list or equivalent maintained by the Cayman Islands, the
United Kingdom, United States, the United Nations Security Council, or the European Union
(collectively, "<b>Sanctions Lists Persons</b>") and you do not intend to transact with any
Restricted Person or Sanctions List Person;
</div>
<div className="mb-4 leading-relaxed ml-8">
(v) you do not, and will not, use VPN software or any other privacy or anonymization tools
or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the
Dexorder Service;
</div>
<div className="mb-4 leading-relaxed ml-8">
(vi) you have obtained all required consents from any individual whose personal information
you transfer to us in connection with your use of the Dexorder Service; and
</div>
<div className="mb-4 leading-relaxed ml-8">
(vii) all information that you provide through the Dexorder Service is current, complete,
true, and accurate and you will maintain the security and confidentiality of your private
keys associated with your public wallet address, passwords, API keys, passwords or other
information associated with your Vault or otherwise, as applicable.
</div>
<div className="mb-4 leading-relaxed ml-8">
(viii) your access to the Dexorder Service is not: (a) prohibited by and does not otherwise
violate or assist you to violate any domestic or foreign law, rule, statute, regulation,
by-law, order, protocol, code, decree, or another directive, requirement, or guideline,
published or in force that applies to or is otherwise intended to govern or regulate any
person, property, transaction, activity, event or other matter, including any rule, order,
judgment, directive or other requirement or guideline issued by any domestic or foreign
federal, provincial or state, municipal, local or other governmental, regulatory, judicial or
administrative authority having jurisdiction over Dexorder, you, the Site or the Dexorder
Service, or as otherwise duly enacted, enforceable by law, the common law or equity
(collectively, "<b>Applicable Laws</b>"); or (b) contribute to or facilitate any illegal
activity.
</div>
<div className="mb-4 leading-relaxed">
(b) <u>Limitations</u>. As a condition to accessing or using the Dexorder Service or the
Site, you acknowledge, understand, and agree to the following:
</div>
<div className="mb-4 leading-relaxed ml-8">
(i) Subject to your compliance with these Terms, Dexorder will use its commercially
reasonable efforts to provide you with access to the Dexorder Service and to cause your
Interactions to be executed on the applicable DEX in accordance with Dexorder's Execution
Policy located at{' '}
<a href="https://dexorder.com/execution-policy">
https://dexorder.com/execution-policy
</a>{' '}
("<b>Execution Policy</b>"), however from time to time the Site and the Dexorder Service may
be inaccessible or inoperable for any reason, including, without limitation: (a) if an
Interaction repeatedly fails to be executed (such as due to an error in Interaction
execution or a malfunction in the Dexorder Service); (b) equipment malfunctions; (c)
periodic maintenance procedures or repairs that Dexorder or any of its suppliers or
contractors may undertake from time to time; (d) causes beyond Dexorder's control or that
Dexorder could not reasonably foresee; (e) disruptions and temporary or permanent
unavailability of underlying blockchain infrastructure; (f) unavailability of third-party
service providers or external partners for any reason; or (g) an Activation Signal not being
sent.
</div>
<div className="mb-4 leading-relaxed ml-8">
(ii) the Site and the Dexorder Service may evolve, which means Dexorder may apply changes,
replace, or discontinue (temporarily or permanently) the Dexorder Service at any time in its
sole discretion;
</div>
<div className="mb-4 leading-relaxed ml-8">
(iii) Dexorder does not act as an agent for you or any other user of the Site or the
Dexorder Service;
</div>
<div className="mb-4 leading-relaxed ml-8">
(iv) you are solely responsible for your use of the Dexorder Service; and
</div>
<div className="mb-4 leading-relaxed ml-8">
(v) 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, you hereby irrevocably
disclaim, waive, and eliminate those duties and liabilities.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">6. Interactions; Fees</h2>
<div className="mb-4 leading-relaxed">
(a) <u>Interactions</u>. In order to effectuate Interactions, you may need to transfer
digital assets (e.g., tokens) to the Vault. You acknowledge that you may use the Dexorder
Services to process and cause Interactions to be operate with an applicable DEX, including
without limitation the transfer of digital assets via the DEX in accordance with the
Interaction. For clarity, the Vault is a smart contract automatically controlled by the
blockchain. Dexorder is an interface to that smart contract, and does not offer a digital
wallet and has no custody or control over your digital wallet or any digital assets or
cryptocurrency, which is never accessible by Dexorder.
</div>
<div className="mb-4 leading-relaxed">
(b) <u>Fees</u>.
</div>
<div className="mb-4 leading-relaxed ml-8">
(i) Dexorder charges fees upfront for usage of the Dexorder Services at the time of user
Interactions ("<b>Fees</b>"). You agree to pay all applicable Fees upfront to Dexorder, in
the amounts communicated or presented to you via the Dexorder Service in connection with
usage of the Dexorder Service. Each party shall be responsible for all Taxes imposed on its
income or property.
</div>
<div className="mb-4 leading-relaxed ml-8">
(ii) There may be associated fees in connection with transactions enacted on a blockchain.
All transactions using blockchains require the payment of gas fees, which are essentially
transaction fees paid on every transaction that occurs on the selected blockchain network.
We do not collect any such fees. Please note that accessing the Protocol may result in you
incurring gas fees, which are non-refundable, and are paid by you in all circumstances. You
pay all gas fees incurred by you as relating to interacting with the Protocol.
</div>
<div className="mb-4 leading-relaxed">
(c) <u>Tax Records and Reporting</u>. You are solely responsible for all costs incurred by
you in using the Dexorder Service, and for determining, collecting, reporting, and paying
all applicable Taxes that you may be required by law to collect and remit to any
governmental or regulatory agencies. As used herein, "<b>Taxes</b>" means the taxes, duties,
levies, tariffs, and other charges imposed by any federal, state, multinational or local
governmental or regulatory authority. We reserve the right to report any activity occurring
using the Dexorder Service to relevant tax authorities as required under Applicable Law. You
are solely responsible for maintaining all relevant Tax records and complying with any
reporting requirements you may have as related to our Dexorder Service. You are further
solely responsible for independently maintaining the accuracy of any record submitted to any
tax authority including any information derived from the Dexorder Service.
</div>
<div className="mb-4 leading-relaxed">
(d) Suspensions or Terminations. In addition to the other suspension and termination rights
in these Terms, we may suspend or terminate your access to the Dexorder Service, or any and
all Interactions, at any time in connection with any Interaction or transaction (i) as
required by Applicable Law or any governmental authority, (ii) if we are unable to process
or execute an Interaction or transaction after several attempts (as described in the
Execution Policy or otherwise in Dexorder's reasonable discretion), or (iii) if we in our
sole and reasonable discretion determine you are violating the terms of any third-party
service provider or these Terms, including, without limitation, if we reasonably believe any
of your representations and warranties may be untrue or inaccurate or you are violating or
have violated any of the geographical restrictions that apply to the Dexorder Service, and
in any case we will not be liable to you for any losses or damages you may suffer as a
result of or in connection with the Dexorder Service being inaccessible to you at any time
or for any reason. Such suspension or termination shall not constitute a breach of these
Terms by Dexorder. In accordance with its anti- money laundering, anti-terrorism,
anti-fraud, and other compliance policies and practices, we may impose limitations and
controls on the ability of you or any beneficiary to utilize the Dexorder Service. Such
limitations may include rejecting transaction requests, freezing funds in any case where
Dexorder has such ability, or otherwise restricting you from using the Dexorder Service, all
to the extent of our ability to do so.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">7. General Prohibitions and Dexorder's Enforcement Rights.</h2>
<div className="mb-4 leading-relaxed">You agree not to do any of the following:</div>
<div className="mb-4 leading-relaxed">
(a) Engage in or induce others to engage in any form of unauthorized access, hacking, or
social engineering, including without limitation any distributed denial or service or DDoS
attack, of Dexorder, the Dexorder Service, or any users of the foregoing;
</div>
<div className="mb-4 leading-relaxed">
(b) Use, display, mirror or frame the Dexorder Service or any individual element within the
Dexorder Service, Dexorder's name, any Dexorder trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page, without
Dexorder's express written consent;
</div>
<div className="mb-4 leading-relaxed">
(c) Access, tamper with, or use non-public areas of the Dexorder Service, Dexorder's
computer systems, or the technical delivery systems of Dexorder's providers;
</div>
<div className="mb-4 leading-relaxed">
(d) Attempt to probe, scan or test the vulnerability of any Dexorder system or network or
breach any security or authentication measures;
</div>
<div className="mb-4 leading-relaxed">
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by Dexorder or any of Dexorder's providers or any other
third party (including another user) to protect the Dexorder Service;
</div>
<div className="mb-4 leading-relaxed">
(f) Attempt to access or search the Dexorder Service or download content from the Dexorder
Service using any engine, software, tool, agent, device or mechanism (including spiders,
robots, crawlers, data mining tools or the like) other than the software and/or search
agents provided by Dexorder or other generally available third-party web browsers;
</div>
<div className="mb-4 leading-relaxed">
(g) Use any meta tags or other hidden text or metadata utilizing a Dexorder trademark, logo,
URL or product name without Dexorder's express written consent;
</div>
<div className="mb-4 leading-relaxed">
(h) Forge any TCP/IP packet header or any part of the header information in any email or
newsgroup posting, or in any way use the Dexorder Service to send altered, deceptive or
false source-identifying information;
</div>
<div className="mb-4 leading-relaxed">
(i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used
to provide the Dexorder Service;
</div>
<div className="mb-4 leading-relaxed">
(j) Interfere with, or attempt to interfere with, the access of any user, host or network,
including, without limitation, sending a virus, exploiting any bug, overloading, flooding,
spamming, or mail- bombing the Dexorder Service;
</div>
<div className="mb-4 leading-relaxed">
(k) Use the Dexorder Service for benchmarking or analysis in a manner that could, directly
or indirectly, interfere with, detract from, or otherwise harm the Dexorder Service or DEX;
</div>
<div className="mb-4 leading-relaxed">
(l) Collect or store any personally identifiable information from the Dexorder Service from
other users of the Dexorder Service without their express permission;
</div>
<div className="mb-4 leading-relaxed">
(m) Impersonate or misrepresent your affiliation with any person or entity;
</div>
<div className="mb-4 leading-relaxed">
(n) Create or list any counterfeit items (including digital assets);
</div>
<div className="mb-4 leading-relaxed">
(o) Fabricate in any way any transaction or process related thereto;
</div>
<div className="mb-4 leading-relaxed">
(p) Engage or assist in any activity that violates any law, statute, ordinance, regulation,
or sanctions program, , or that involves proceeds of any unlawful activity (including but
not limited to money laundering, terrorist financing or deliberately engaging in activities
designed to adversely affect the performance of the Dexorder Service);
</div>
<div className="mb-4 leading-relaxed">(q) Engage in deceptive or manipulative trading activities;</div>
<div className="mb-4 leading-relaxed">
(r) Disguise or interfere in any way with the IP address of the computer you are using to
access or use the Dexorder Service or that otherwise prevents us from correctly identifying
the IP address of the computer you are using to access the Dexorder Service;
</div>
<div className="mb-4 leading-relaxed">
(s) Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or
fraudulent activity;
</div>
<div className="mb-4 leading-relaxed">(t) Violate any Applicable Law or regulation; or</div>
<div className="mb-4 leading-relaxed">
(u) Encourage or enable any other individual to do any of the foregoing.
</div>
<div className="mb-4 leading-relaxed">
Dexorder is not obligated to monitor access to or use of the Dexorder Service or to review
or edit any content. However, we have the right to do so for the purpose of operating the
Dexorder Service, to ensure compliance with these Terms and to comply with Applicable Law or
other legal requirements. We reserve the right, but are not obligated, to suspend or
terminate access to the Dexorder Service at any time if we believe you are violating these
Terms. We have the right to investigate violations of these Terms or conduct that affects
the Dexorder Service. We may also consult and cooperate with law enforcement authorities to
prosecute users who violate the law.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">8. Feedback</h2>
<div className="mb-4 leading-relaxed">
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the
Dexorder Service ("<b>Feedback</b>"). If you choose to submit Feedback, you agree that we
are free to use it (and permit others to use it) without any restriction or compensation to
you.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">9. Links to Third Party Websites or Resources</h2>
<div className="mb-4 leading-relaxed">
The Dexorder Service may allow you to access third-party websites, integrations, or other
resources, including the DEX, services providing Activation Signals, and any bridge between
the DEX and any third party protocols (collectively, "<b>Third Party Resources</b>"). We
provide access only as a convenience and are not responsible for the content, products or
services on or available from those resources or links displayed on such websites. You
acknowledge sole responsibility for and assume all risk arising from, your use of any
third-party resources. Our provision of access to Third Party Resources does not constitute
approval, endorsement, or control of such Third Party Resource.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">10. Termination</h2>
<div className="mb-4 leading-relaxed">
We may suspend or terminate your access to and use of the Dexorder Service, at our sole
discretion, at any time and without notice to you. You acknowledge and agree that we shall
have no liability or obligation to you in such event and that you will not be entitled to a
refund of any amounts that you have already paid to us or any third party, to the fullest
extent permitted by Applicable Law. Upon any termination, discontinuation, or cancellation
of the Dexorder Service or your account, the following Sections will survive: 6.(d) , 7 , 8
, 10 , 11 , 13 , 14 , 15 , 16 , and 17 .
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">11. Warranty Disclaimers</h2>
<div className="mb-4 leading-relaxed">
THE DEXORDER SERVICE (INCLUDING WITHOUT LIMITATION THE VAULT) AND ANY CONTENT CONTAINED
THEREIN, AS WELL AS THE PROTOCOL, THE DEXORDER ORACLE, AND ANY ASSOCIATED PROTOCOL OR
BLOCKCHAIN MESSAGING FUNCTIONALITY SUCH AS ACTIVATION SIGNALS UNDERLYING THE DEXORDER
SERVICE (TOGETHER, THE "<b>UTILITIES</b>"), ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT
THE UTILITIES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE UTILITIES.
DEXORDER FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH
THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF THE UTILITIES IN CONNECTION WITH THIRD
PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR
WITH ANY THIRD PARTY SERVICES.
</div>
<div className="mb-4 leading-relaxed">
DEXORDER DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE UTILITIES IS ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND
FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE
UTILITIES. DEXORDER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE UTILITIES, ANY CONTENT
THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
</div>
<div className="mb-4 leading-relaxed">
WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE
INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND
WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.
</div>
<div className="mb-4 leading-relaxed">
DEXORDER WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY
FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE UTILITIES, INCLUDING BUT NOT LIMITED
TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS,
INCORRECTLY CONSTRUCTED TRANSACTIONS, EXCEEDING TRANSFER LIMITS OF THIRD PARTY RESOURCES OR
THE DEX, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN
NETWORKS, CRYPTOCURRENCY WALLETS, CORRUPT FILES, SOFTWARE ERRORS, OR BUGS; (IV) UNAUTHORIZED
ACCESS TO THE UTILITIES; OR (V) ANY THIRD PARTY UTILITIES, INCLUDING WITHOUT LIMITATION THE
USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ANY BLOCKCHAIN
NETWORK UNDERLYING THE UTILITIES.
</div>
<div className="mb-4 leading-relaxed">
THE UTILITIES MAY INCLUDE THE PLACEMENT OR EXECUTION OF AN ACTIVATION SIGNAL TO A USER VAULT
WITH RESPECT TO USER DEFINED INTERACTIONS (E.G., VIA TRANSMITTING AN ACTIVATION SIGNAL WHICH
TRIGGERS INTERACTION EXECUTION), HOWEVER, ANYONE, INCLUDING YOU OR ANY THIRD PARTY, MAY
CAUSE AN INTERACTION TO BE EXECUTED (SUCH AS BY TRANSMITTING THE APPLICABLE ACTIVATION
SIGNAL), AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, DEXORDER DOES NOT
GUARANTEE THE PLACEMENT OR EXECUTION OR ANY INTERACTION, INCLUDING WITHOUT LIMITATION THAT
DEXORDER WILL TRANSMIT ANY PARTICULAR ACTIVATION SIGNAL TO TRIGGER EXECUTION OF ANY
INTERACTION, OR THAT AN INTERACTION WILL OTHERWISE BE PROPERLY CARRIED OUT PURSUANT TO A
VAULT. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE UTILITIES TO CARRY OUT
PLACEMENTS OR EXECUTIONS OF INTERACTIONS. IF ANY PARTICULAR INTERACTION THAT IS PLACED IS
NOT EXECUTED BY DEXORDER IN A TIMELY MANNER, YOU MAY CAUSE SUCH INTERACTION TO BE EXECUTED
YOURSELF OR BY ENGAGING A THIRD PARTY SERVICE PROVIDER TO DO SO (E.G., BY TRANSMITTING THE
APPLICABLE ACTIVATION SIGNAL YOURSELF OR ENGAGING A THIRD PARTY TO DO SO). YOU ACCEPT THE
INHERENT RISK THAT ANY PARTICULAR INTERACTION MAY NOT BE EXECUTED, INCLUDING WITHOUT
LIMITATION DUE TO BAD ACTORS OR THE MALFUNCTION OF THE UTILITIES, AND DEXORDER HEREBY
DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY IN CONNECTION WITH THE PLACEMENT OR
EXECUTION OF INTERACTIONS AND THE VAULT.
</div>
<div className="mb-4 leading-relaxed">
THE UTILITIES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED
TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS,
VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE UTILITIES AND/OR
TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY
OR PERFORMANCE OF THE UTILITIES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE
COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES
MAY NOT APPLY TO YOU BUT OTHERS REMAIN IN EFFECT.
</div>
<div className="mb-4 leading-relaxed">
You understand that your use of the Utilities is entirely at your own risk. You assume all
risks associated with using the Utilities, and digital assets and decentralized systems
generally, including but not limited to, that digital assets are highly volatile; you may
not have ready access to assets; and you may lose some or all of your tokens or other
assets, including with respect to an Interaction or the Vault. You agree that you will have
no recourse against Dexorder for any losses due to your use of the Utilities. For example,
these losses may arise from or relate to: (i) lost funds; (ii) server failure or data loss;
(iii) corrupted digital wallet files; (iv) unauthorized access; (v) errors, mistakes, or
inaccuracies; or (vi) third-party activities.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">12. Assumption of Risk.</h2>
<div className="mb-4 leading-relaxed">You accept, acknowledge and assume the following risks:</div>
<div className="mb-4 leading-relaxed">
(a) You are solely responsible for determining what, if any, Taxes apply to your
transactions through the Utilities. Neither Dexorder nor any Dexorder affiliates are
responsible for determining the Taxes that apply to such transactions.
</div>
<div className="mb-4 leading-relaxed">
(b) A lack of use or public interest in the creation and development of distributed
ecosystems could negatively impact the development of those ecosystems and related
applications, and could therefore also negatively impact the potential utility or value of
certain digital assets.
</div>
<div className="mb-4 leading-relaxed">
(c) By accessing and using the Utilities, 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 tokens 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 tokens can be 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 are variable and may increase at any time. Accordingly, you
understand and agree to assume full responsibility for all of the risks of accessing and
using and engaging with the Utilities.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">13. Indemnity</h2>
<div className="mb-4 leading-relaxed">
You will indemnify, defend (at Dexorder's option) and hold Dexorder and its affiliates and
their respective officers, directors, employees and agents, harmless from and against any
claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including,
without limitation, reasonable legal and accounting fees arising out of or in any way
connected with: (a) your access to or use of the Utilities, (b) Interactions and the Vault,
(c) your violation of these Terms, or (d) your negligence, willful misconduct, fraud, or
violation of Applicable Laws. You may not settle or otherwise compromise any claim subject
to this Section without Dexorder's prior written approval.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">14. Limitation of Liability</h2>
<div className="mb-4 leading-relaxed">
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DEXORDER NOR ITS SERVICE PROVIDERS
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE UTILITIES WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST
REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY
KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
THE UTILITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEXORDER OR ITS SERVICE PROVIDERS
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
</div>
<div className="mb-4 leading-relaxed">
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL DEXORDER'S TOTAL LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
UTILITIES EXCEED THE TOTAL FEES YOU HAVE PAID OR ARE PAYABLE BY YOU TO DEXORDER FOR USE OF
THE UTILITIES (EXCLUDING GAS FEES), OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY
PAYMENT OBLIGATIONS TO DEXORDER, AS APPLICABLE.
</div>
<div className="mb-4 leading-relaxed">
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN DEXORDER AND YOU.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">15. Governing Law and Forum Choice</h2>
<div className="mb-4 leading-relaxed">
These Terms will be governed by and construed in accordance with the laws of the British
Virgin Islands without regard to its conflict of laws provisions.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">16. Dispute Resolution</h2>
<div className="mb-4 leading-relaxed">
(a) <u>Mandatory Arbitration of Disputes</u>. We each agree that any dispute, claim or
controversy arising out of or relating to these Terms or the breach, termination,
enforcement, interpretation or validity thereof or the use of the Utilities (collectively, "
<b>Disputes</b>") will be resolved{' '}
<b>
solely by binding, individual arbitration and not in a class, representative or
consolidated action or proceeding.
</b>{' '}
You and Dexorder agree that the Cayman Islands Arbitration Law governs the interpretation
and enforcement of these Terms, and that you and Dexorder are each waiving the right to a
trial by jury or to participate in a class action. This arbitration provision shall survive
termination of these Terms.
</div>
<div className="mb-4 leading-relaxed">
(b) <u>Exceptions</u>. As limited exceptions to Section 16.(a) above: (i) each party may
seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains
the right to seek injunctive or other equitable relief from a court to prevent (or enjoin)
the infringement or misappropriation of our intellectual property rights.
</div>
<div className="mb-4 leading-relaxed">
(c) <u>Conducting Arbitration and Arbitration Rules</u>. The arbitration will be conducted
by the Cayman International Mediation &amp; Arbitration Centre (CI-MAC) in accordance with
its arbitration rules in force at the time of the dispute ("<b>CI-MAC Rules</b>"), except as
modified by these Terms. The CI-MAC Rules are available at{' '}
<a href="https://www.caymanarbitration.com/arbitrationrules2023">
https://www.caymanarbitration.com/arbitrationrules2023
</a>
. A party who wishes to start arbitration must submit a written request for arbitration to
CI-MAC and give notice to the other party as specified in the CI-MAC Rules. CI-MAC provides
instructions on submitting a request for arbitration under Section 3 (Request for
arbitration) of the CI-MAC Rules.
</div>
<div className="mb-4 leading-relaxed">
Any arbitration hearings will take place in the county (or parish) where you live, unless
the parties agree to a different location. The parties agree that the arbitrator shall have
exclusive authority to decide all issues relating to the interpretation, applicability,
enforceability and scope of this arbitration agreement.
</div>
<div className="mb-4 leading-relaxed">
(d) <u>Arbitration Costs</u>. Payment of all filing, administration and arbitrator fees will
be governed by the JAMS Rules, and we won't seek to recover the administration and
arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute
frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and
won't seek to recover them from you. If you prevail in arbitration you will be entitled to
an award of attorneys' fees and expenses to the extent provided under Applicable Law.
</div>
<div className="mb-4 leading-relaxed">
(e) <u>Injunctive and Declaratory Relief</u>. Except as provided in Section 16.(b) above,
the arbitrator shall determine all issues of liability on the merits of any claim asserted
by either party and may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief warranted
by that party's individual claim. To the extent that you or we prevail on a claim and seek
public injunctive relief (that is, injunctive relief that has the primary purpose and effect
of prohibiting unlawful acts that threaten future injury to the public), the entitlement to
and extent of such relief must be litigated in a civil court of competent jurisdiction and
not in arbitration. The parties agree that litigation of any issues of public injunctive
relief shall be stayed pending the outcome of the merits of any individual claims in
arbitration.
</div>
<div className="mb-4 leading-relaxed">
(f) <u>Class Action Waiver</u>.{' '}
<b>
YOU AND DEXORDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING.
</b>{' '}
Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not
consolidate another person's claims with your claims, and may not otherwise preside over any
form of a representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
</div>
<div className="mb-4 leading-relaxed">
(g) <u>Severability</u>. With the exception of any of the provisions in Section 16.(f) of
these Terms ("<b>Class Action Waiver</b>"), if an arbitrator or court of competent
jurisdiction decides that any part of these Terms is invalid or unenforceable, the other
parts of these Terms will still apply.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">17. General Terms</h2>
<div className="mb-4 leading-relaxed">
(a) <u>Reservation of Rights</u>. Dexorder and its licensors exclusively own all right,
title and interest in and to the Dexorder Service, including all associated intellectual
property rights. You acknowledge that the Dexorder Service is protected by copyright,
trademark, and other laws of the United States and foreign countries. You agree not to
remove, alter or obscure any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Dexorder Service.
</div>
<div className="mb-4 leading-relaxed">
(b) <u>Entire Agreement</u>. These Terms, including any addendum terms, constitute the
entire and exclusive understanding and agreement between Dexorder and you regarding the
Dexorder Service, and these Terms supersede and replace all prior oral or written
understandings or agreements between Dexorder and you regarding the Dexorder Service. If any
provision of these Terms is held invalid or unenforceable by an arbitrator or a court of
competent jurisdiction, that provision will be enforced to the maximum extent permissible
and the other provisions of these Terms will remain in full force and effect. Except where
provided by Applicable Law in your jurisdiction, you may not assign or transfer these Terms,
by operation of law or otherwise, without Dexorder's prior written consent. Any attempt by
you to assign or transfer these Terms absent our consent or your statutory right, will be
null. Dexorder may freely assign or transfer these Terms without restriction. Subject to the
foregoing, these Terms will bind and inure to the benefit of the parties, their successors
and permitted assigns.
</div>
<div className="mb-4 leading-relaxed">
(c) <u>Notices</u>. Any notices or other communications provided by Dexorder under these
Terms will be given: (i) via email; or (ii) by posting to the Dexorder Service. For notices
made by email, the date of receipt will be deemed the date on which such notice is
transmitted.
</div>
<div className="mb-4 leading-relaxed">
(d) <u>Waiver of Rights</u>. Dexorder's failure to enforce any right or provision of these
Terms will not be considered a waiver of such right or provision. The waiver of any such
right or provision will be effective only if in writing and signed by a duly authorized
representative of Dexorder. Except as expressly set forth in these Terms, the exercise by
either party of any of its remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise.
</div>
<h2 className="text-xl font-semibold mt-6 mb-4">18. Contact Information</h2>
<div className="mb-4 leading-relaxed">
If you have any questions about these Terms or the Dexorder Service, please contact Dexorder
at <a href="mailto:legal@dexorder.com">legal@dexorder.com</a> or{' '}
<a href="mailto:support@dexorder.com">support@dexorder.com</a>.
</div>
</div>
</div>
);
}