Terms & Conditions of Service
Euler Tools is a website-hosted user interface (the “Tool”, “App”, “Service”) provided by EULER TOOLS SOLUTIONS S.L. (“COMPANY”, “we”, “our”, or “us”). The Tool provides access to decentralized protocols on different blockchains that allow users to obtain information and perform specific actions with digital assets or Virtual Currencies. This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Tool. You must read this Agreement carefully.
By accessing or using the Tool, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Tool.
IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE SERVICES, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Modification of this Agreement
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by maintaining a current version of the Agreement on our website.
All modifications will be effective when they are posted, and your continued use of the Tool will serve as confirmation of your acceptance of those modifications. If you do not agree with any changes to this Agreement, you must immediately stop accessing and using the Tool.
To access or use the Tool, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least eighteen years old and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Tool.
You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the European Union or another relevant jurisdiction, or where your use of the Tool would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Tool will fully comply with all applicable laws and regulations and that you will not access or use the Tool to conduct, promote, or otherwise facilitate any illegal activity.
We own all intellectual property and other rights in the Tool and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Tool or any of its contents.
Provided that you are eligible, you are hereby granted a single, personal, limited license to access and use the Tool. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause.
Use of the Tool or its contents for any purpose not expressly permitted by this Agreement is strictly prohibited. Unlike the Tool, the Protocol is comprised entirely of open-source software running on public blockchains and is not our proprietary property.
We care about your privacy. Although we will comply with all valid subpoena requests, we will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or unconstitutional requests as appropriate.
We use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“PII”) and aggregate data.
However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your PII or aggregate data for improper purposes. You acknowledge that you provide your PII and aggregate data at your own risk.
By accessing and using the Tool, you understand and consent to our collection, use, and disclosure of your PII and aggregate data.
You agree not to engage in or attempt to engage in, any of the following categories of prohibited acts in relation to your access and use of the Tool:
- Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
- Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
- Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
- Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
- Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the European Union or another relevant jurisdiction or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by Spanish law.
No Professional Advice
All information provided by the Tool is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Tool.
Before you make any financial, legal, or other decisions involving the Tool, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
The Tool is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Tool is at your own risk.
We do not represent or warrant that access to the Tool will be continuous, uninterrupted, timely, or secure; that the information contained in the Tool will be accurate, reliable, complete, or current; or that the Tool will be free from errors, defects, viruses, or other harmful elements.
No advice, information, or statement that we make should be treated as creating any warranty concerning the Tool. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Tool.
No Fiduciary Duties
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that 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, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
The Tool is operated from facilities within Spain. By accessing or using the Tool, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
You may not use the Tool if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the European Union or another relevant jurisdiction, or if your use of the Tool would be illegal or otherwise violate any applicable law.
Assumption of Risk
By accessing and using the Tool, 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 digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens.
You further understand that the markets for these digital assets are 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 such as Ethereum are variable and may increase dramatically at any time.
You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol. If you borrow digital assets from the Protocol, you will have to supply digital assets of your own as collateral. If your collateral declines in value such that it is no longer sufficient to secure the amount that you borrowed, others may interact with the Protocol to seize your collateral in a liquidation event.
You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Tool. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Tool and interacting with the Protocol.
Third-Party Resources and Promotions
The Tool may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Tool.
We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
Release of Claims
You expressly agree that you assume all risks in connection with your access and use of the Tool and your interaction with the Protocol.
You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Tool and your interaction with the Protocol.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from (a) your access and use of the Tool; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Tool with your assistance or using any device or account that you own or control.
Limitation of Liability
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Tool, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Tool or the information contained within it.
We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Tool; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Tool; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Tool; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Tool; and (g) the defamatory, offensive, or illegal conduct of any third party.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Tool, whichever is greater.
This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. Even if we have been advised of the possibility of such harm, some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and regulations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
We will use our best efforts to resolve any potential disputes through informal, good-faith negotiations. If a potential conflict arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution.
Suppose we aren’t able to reach an informal resolution within sixty days of your email. In that case, you and we both agree to resolve the potential dispute according to the process outlined in Spanish law, unless you and we both agree to hold it elsewhere.
Class Action and Jury Trial Waiver
You must bring all Disputes against us in your capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
You agree that Spanish laws solely, without regard to principles of conflict of laws, govern this Agreement and any dispute between you and us and that although the Tool may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Spain.