Terms of Service
Please read on to learn the rules and restrictions that govern your use of our products, services and applications, including, but not limited to, our web interface located at https://instadapp.io/ (“Site”) and our corresponding mobile application(s) (collectively, the “Services”).
We provide plain language summaries for the convenience of our users in order to better contextualize legal terminology that may be confusing. However, you should understand that these are provided only for your convenience and appear in bold and italics under each section. These summaries are not legally binding and don’t supersede the actual terms and conditions described in these Terms. Please make sure to read the Terms, including any document referred to in these Terms of Service, to fully understand your legal requirements.
THE TERMS CONTAIN AN ARBITRATION PROVISION. BY AGREEING TO THESE TERMS, YOU AGREE AND UNDERSTAND THAT DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT OR A JURY TRIAL.
CHANGES TO OUR TERMS OR SERVICES
Summary: We sometimes have to change our Terms or our Services, and we can do so if we feel necessary at any time, but we will tell you if these changes are substantial and require that you agree to new Terms before continuing to use our services.
We are constantly trying to improve our Services, so we may need to change these Terms along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by requiring you to log in to our Services again and accept the new Terms, and/or by some other means. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content (defined below) from the Services at any time, for any reason in our sole discretion, and without notice.
Our Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
If you don’t agree with the new Terms after any changes, you are free to reject them. Unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
ELIGIBILITY TO USE OUR SERVICES
Summary: To use our Services, you must be able to legally enter into a contract, be of legal age to enter into an Agreement (or have a parent or guardians consent), and if you are agreeing for an entity, you must be authorized to agree to these Terms. You also are agreeing to use this for your personal purposes and to comply with all laws that might apply to you when using our Services.
To access or use our Services, you must be able to form a legally binding contract with us. You therefore represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
If your use of the Services is prohibited by applicable laws or regulations, or you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries, then you aren’t authorized to use the Services. If permits and licenses are required for you to use the Services, it is your responsibility to first obtain those prior to such use. We can’t and won’t be responsible for your using the Services in a way that breaks the law or regulations.
PRIVACY AND PERSONAL INFORMATION
USING OUR SERVICES
Summary: Our Services allow you to import an Ethereum Wallet and interact with different decentralized applications. You must have your own Wallet and you understand that we do not exercise any control of your Wallet or any Virtual Currency you may own. You are solely responsible for your assets and the transactions conducted through your Wallet with our Services, even if you may not have intended to take certain actions or someone else has accessed your Wallet.
The Services primarily consist of a web-hosted user interface on the Site and our corresponding mobile application(s), each of which allows you to import an Ethereum wallet capable of storing and transferring certain supported Virtual Currency (defined below) (your “Wallet”). After connecting a Wallet, you can use various aspects of our Services to manage your portfolio of Virtual Currencies and access and interact with certain supported decentralized protocols and decentralized applications (collectively “dapps”). In order to use our Services, you must already have a Wallet that is supported in our Services as indicated on the Site.
Some of the dapps accessible using our Services may also involve accessing certain Virtual Currency markets, boards, or interfaces allowing for complex financial transactions. We also may offer certain scripts, smart contract interactions, or other modules that allow you to automate or combine some of these complex financial transactions. You understand that interacting with any of these systems or code is ultimately your own decision, and we have no control or responsibility for the results of your transactions.
When an Ethereum Wallet is created, a cryptographic private and public key pair is generated. The private and public key pair together evidence ownership/possession of a specific amount of supported Virtual Currency in that Wallet which enables you to send and receive Virtual Currency through the Ethereum network. The public key is visible to all participants in the Ethereum network. The private key must be used to transact the Virtual Currency represented by the corresponding public key.
In some instances, depending on what other services you have used to create a Wallet, you may receive a pin code, create a password, or establish another method of accessing your Wallet and/or the private key to your Wallet as a security or convenience measure. In those cases, your authentication method may function similarly to a private key in that it allows you and others in possession of such information to potentially transfer Virtual Currency from your Wallet.
When you request to make a transfer of Virtual Currency, in order to initiate such transfer on our Services, you will be required to initiate a transfer from your Wallet’s interface or a web plug-in that interacts with our Services that may require use of your private key or other authentication method for accessing your Wallet (a “Transfer Initiation”). You understand and agree that we are entitled to rely on the Transfer Initiation and have no duty to inquire into or investigate the validity or accuracy of any Transfer Initiation. You will be responsible for keeping your hardware devices, including your phone, secure and for any activity associated with such devices and your Wallet when using our Services. We will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid Transfer Initiation.
Regardless of your method of authentication or accessing your Wallet, we will never have access to Virtual Currency in your Wallet, we will not store your private key or similar methods of accessing your Wallet, and we will never request this information. We cannot initiate a transfer of Virtual Currency on your behalf.
We are not your brokers, 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 effect when using your Wallet or our Services. We are not responsible for any activities that you engage in when using your Wallet, and you should understand the risks associated with Virtual Currency, blockchain technology generally, and our Services.
“Virtual Currency” refers to cryptocurrency, digital currency, digital asset, crypto asset or other such similar term describing, for example, Ethereum or any ERC-20 tokens.
ADDITIONAL RESTRICTIONS AND REQUIREMENTS FOR OUR SERVICES
Summary: There are certain things that we do not allow our Services to be used for, and if you violate these, we may terminate your ability to use some or all of our Services to the extent possible. However, we will never retain control of your Wallet or Virtual Currency, and you are always free to use them on other platforms.
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including ours);
- Violates any law or regulation, including, without limitation, any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Wallet or anyone else’s;
- Attempts, in any manner, to obtain the private key, password, account, or other security information from any other user;
- Attempts to access another user’s Wallet, private key or other security information on any third- party site or services that provide access to such user’s Wallet or private key on our Services;
- Violates the security of any computer network, or cracks any passwords or encryption codes; or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services to the extent possible. However, in no event do we have the ability to access or suspend your access to your own Wallet, and you are always entitled to use your Wallet on other services.
ASSUMPTION OF CERTAIN RISKS
Summary: Virtual Currency and blockchain technology is new, and there are many risks in using this technology. Some of these risks relate to the technology itself, and some of them relate to the complexity of the transactions enabled by this technology. This is especially true with many of the decentralized finance dapps that you may use through our Services. While we hope our Services make these dapps more accessible, you alone are responsible for entering into transactions you are comfortable with and understand. You must agree to assume all risks of transacting with Virtual Currency through our Services, and you should not enter into transactions you do not understand when using our Services.
In order to be successfully completed, any transaction created with or sent to your Wallet using our Services must be confirmed and recorded on the Ethereum network. We have no control over the Ethereum network or any other Virtual Currency and therefore cannot and will not ensure that any transaction details you submit or receive via our Services will be confirmed on the Ethereum network. We do not have the ability to facilitate any cancellation or modification requests.
In addition, certain dapps may involve complex financial transactions that entail a high degree of risk, and we cannot assist with you any financial or technical advice with these transactions. Although certain of our Services may combine and automate multiple transactions into more manageable steps, you are responsible for understanding each of the underlying transactions if you wish to use these specific Services.
By using our Services, you acknowledge and accept that there are substantial risks associated with Virtual Currency and transactions on the Ethereum network. In addition to the above risks, you agree and understand that:
- You: (a) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet; (b) have the knowledge, experience, understanding, professional advice and/or information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Wallet with our Services and are not relying on us; (c) accept the risks associated with Virtual Currency and blockchain technology generally. You further assume and agree that we will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth in these Terms.
- We do not assume responsibility for any inherent risks associated with blockchain technology, including, but not limited to, design or implementation flaws that affect the operation of the Ethereum network, or cryptographic advances that may undermine the security framework of certain blockchain technologies.
- We make no guarantee as to the functionality or security of the Ethereum network or dapp, which could, among other things, lead to loss of funds, hacks, delays, conflicts of interest, or operational decisions by third parties that are unfavorable to certain owners of Virtual Currency, or lead to your inability to complete a transaction using our Services.
- You acknowledge and accept that the protocols governing the operation of the Ethereum network or dapps may be subject to sudden changes in operating rules which may materially alter the network, affect the value and function of a particular Virtual Currency or otherwise render you unable to conduct or complete transactions using our Services.
- You take responsibility for all activities and transactions that occur in connection with your use of our Services and your Wallet and accept all risks and consequences of your use of our Services and any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.
- We make no warranties as to the markets in which the Virtual Currency are transferred, purchased and traded, or the advisability of buying particular Virtual Currencies.
- We are not liable for any hacks or malicious attempts to obtain access to your Wallet, or any loss or destruction of security credentials or authentication methods for accessing your Wallet. You alone are responsible for protecting your security information.
- The transaction details you submit via the Services may not be completed, or may be substantially delayed on the Ethereum network, and we take no responsibility for the failure of a transaction to be confirmed or processed as expected.
- As a software provider, we are not regulated by any federal or state regulatory agency and are not subject to the examination or reporting requirements of any such agencies.
- The application of existing legal and regulatory requirements to Virtual Currency and our Services is developing and evolving. We may rely on advice of counsel concerning the application of existing and new legal and regulatory requirements to its activities. This advice may require us to make sudden changes to our Services that may impact your ability to use our Services.
YOUR RIGHTS IN OUR SERVICES
Summary: These terms give you certain rights to use our Services and proprietary software we’ve developed, but you also have certain obligations not to violate other people’s rights, including ours. You also should be aware that we use open source technology and expect you to honor and observe all of the requirements of any open source licenses we use.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Instadapp’s) rights. You are the sole owner of the Virtual Currency in your Wallet and may elect to extract your private key or otherwise transfer your Virtual Currency to another Wallet or platform.
You understand that, except with respect to any open source software or third-party software that the Services incorporate, we own the Services, including all technology or Content (including all intellectual property rights subsisting therein), and hereby grant you a limited, revocable, transferable, license to access and use those portions of the Services that are proprietary to Instadapp.
You acknowledge that the Services may use, incorporate or link to certain open-source components and that your use of the Services is subject to, and you will comply with any, applicable open-source licenses that govern any such open-source components (collectively, “Open-Source Licenses”). Without limiting the generality of the foregoing, you may not: (a) modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise use the Services in a manner that violates the licenses granted in these Terms or any other Open-Source Licenses.
Any of our product or service names, logos, and other marks used as a part of the Services, including our name and logo are trademarks owned by us, our affiliates or our applicable licensors. You may not copy, imitate or use them without our (or the applicable licensor’s) prior written consent.
YOUR RESPONSIBILITIES WHEN USING OUR SERVICES
Summary: You or others may upload different types of Content or link to other, unaffiliated sites as part of our Services. In those cases, you or the third party are solely responsible for this Content, and you should be aware that certain third parties may have other requirements or rules for accessing their Content. Any transactions you engage in are specifically between you and your counterparties, and we take no responsibility for these transactions or Content shared between you and your counterparties. If you are in California, you are specifically agreeing to broadly release us from responsibility for interactions between you and third parties through our Services.
Any third-party goods or services, information or content publicly posted or privately transmitted or made available through the Services is the sole responsibility of the person from whom such goods, services or content originated, and you obtain such goods or services and access all such information and content at your own risk, and we aren’t liable for any errors or omissions or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are also responsible for all your activity in connection with your use of the Services.
We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, financial transactions, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants of the Services, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
We are also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If we suspend your use of the Services, you may continue to access your Wallet directly or through other services not hosted by us.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
OTHER LEGAL TERMS
Summary: There are some other things you should know as well. This includes, but isn’t limited to, the fact that our Services are provided “as is” without any special promises or guarantees of performance, that you are agreeing to limit our liability for issues that arise under these Terms, that you will reimburse is if we are sued or suffer damages from certain actions you may take, and that you are agreeing to arbitrate any disputes between us.
Warranty Disclaimer: Neither Instadapp nor its licensors or suppliers make any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY INSTADAPP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, OR THE SECURITY ASSOCIATED USE OF, OR TRANSMISSION OF INFORMATION THROUGH, THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability: We shall not be liable for any action taken or omitted by it pursuant to, or in connection with, these Terms except to the extent that a court of competent jurisdiction determines that our gross negligence or willful misconduct was the direct cause of any loss to you, and subject to the limitations set forth below.
Despite anything else stated in these Terms, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to:
- the ownership, validity or genuineness of any Virtual Currency;
- the collectability, insurability, effectiveness, marketability or suitability of any Virtual Currency;
- transactions you conduct or attempt to conduct using our Services; or
- losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond our control, including without limitation: the failure of the Ethereum network or a particular dapp; acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; fire; flood; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; or non-performance by a third party.
Despite anything else stated in these Terms, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL INSTDAPP (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO INSTADAPP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Wallet), and (b) your violation of these Terms or applicable law. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to any contact information we have for you, if applicable (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the CONFIRM, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in [San Francisco] County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Despite the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, [San Francisco] County, California, or the Northern District of California.** Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND INSTADAPP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.**
Reporting Suspected Vulnerabilities. If you would like to report a vulnerability or have a security concern regarding our Services, please e-mail [email protected].
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Instadapp, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Instadapp, and you do not have any authority of any kind to bind Instadapp in any respect whatsoever.