THE ENCLAVE GLOBAL PLATFORM (AS DEFINED BELOW) IS NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA OR CANADA (COLLECTIVELY, “BLOCKED PERSONS”). MOREOVER, NO SERVICES (AS DEFINED BELOW) ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW, AND ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).
You agree that by registering for an Enclave user account (an "Account"), clicking to accept or agree to these terms of use or accessing or using enclave.market or any related website, application or API (collectively, the "Site" or the "Enclave Global Platform") in any way, you expressly acknowledge that you have read, understood, and agree to be bound by all of these terms, including without limitation the terms set out in Clauses 1 to 35 inclusive below (together, these "Terms"). IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES PROVIDED BY ENCLAVE THROUGH THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. IF YOU CONTINUE TO USE THE SITE YOU WILL BE DEEMED TO HAVE AGREED TO BE BOUND BY ALL OF THESE TERMS.
These Terms constitute a legally binding agreement made between you, or if you are acting on behalf of a company or other legal entity, such company or other legal entity, ("User", "you" or “your”) and Enclave Global, Inc. ("Enclave", "we," "us," or "our") governing your access to, or use of, the services provided by Enclave through the Site, as well as any other services that may be offered by Enclave from time to time (collectively, the "Services"). The Services include customer support provided directly or through third party platforms such as Telegram, Discord, and other resources, including FAQs and help articles we publish.
We reserve the right, in our sole discretion, to make changes, modifications and additions to these Terms and to the Privacy Policy (as defined in Clause 31) in each case at any time and for any reason. Any changes, modifications, and additions to these Terms will be posted on the Site from time to time and are hereby expressly incorporated by reference. We will alert you about any changes, modifications and additions by updating the date above and notifying you that such changes, modifications, and/or additions have been posted to the Site. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes, modifications, and additions in any revised Terms by your continued use of the Site or the Services after the date such revised Terms are posted. Any notifications required, permitted, or referenced in these Terms may, in our sole discretion, be conducted by email (if you have agreed to receive email notifications), by posting or providing such notification on the Site, or by such other method as we may determine to be appropriate under the circumstances.
Important notice (provided as a summary and for convenience only; please review the relevant provisions in these Terms):
Your responsibility: You are solely responsible for the safeguarding, retention, and security of your seed phrase, private keys and password. If you lose your seed phrase, private keys or password, you will not be able to access your digital assets or authenticate yourself to gain access to your Account (as defined in Clause 1 below).
ARBITRATION: THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION CLAUSE AND A CLASS ACTIONS WAIVER. PLEASE REFER TO THE CLAUSE TITLED "DISPUTE RESOLUTION" BELOW FOR MORE INFORMATION.
LIABILITY: WE ARE NOT LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY OTHER CAUSE. OUR AGGREGATE LIABILITY (IF ANY) TO YOU FOR ANY OTHER TYPE OF LOSS OR DAMAGE SHALL NOT EXCEED THE AMOUNTS SET FORTH UNDER THE CLAUSE TITLED "LIMITATIONS OF LIABILITY".
INDEMNITY: YOU WILL INDEMNIFY US ON DEMAND FOR ANY THIRD PARTY CLAIM WE INCUR IN CONNECTION WITH YOUR ACTUAL OR ATTEMPTED USE OF THE SERVICES.
The information provided on the Site is not intended for distribution to or use by any person or entity in any of the Designated Restricted Territories (as defined below) or in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or licensing requirement or any requirement to obtain any consent or approval in order to offer lawfully the Services within such jurisdiction or country (any such jurisdiction or county together with the Designated Restricted Territories, the "Restricted Territories"). Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are subject to all applicable export control restrictions. The Services are not offered to Restricted Persons (as defined in Clause below), U.S. persons (as defined in applicable U.S. regulatory regimes) or persons who have their registered office or place of residence in any of the Restricted Territories. If you are a Restricted Person, a U.S. person (as defined in applicable U.S. regulatory regimes) or a person who has a registered office or place of residence in any of the Restricted Territories you undertake that you will not use the Site. By registering for an Account, clicking to accept or agree to these Terms or accessing or using the Site in any way you represent and warrant to Enclave that you are not a Restricted Person, a U.S. person (as defined in applicable U.S. regulatory regimes) and if you are a legal entity or legal arrangement that your registered office or place of residence is not in any of the Restricted Territories and you undertake to indemnify us and each other Indemnified Party (as defined in Clause 29 below) on demand in respect of any Losses (as defined in Clause 29 below), penalties, costs or expenses we incur directly or indirectly as a result of the foregoing representation being inaccurate or any breach of the foregoing warranty. You also undertake to indemnify us and each other Indemnified Party on demand in respect of any Losses we incur directly or indirectly if after the date on which you make and give the foregoing representation and warranty you become a Restricted Person, a U.S. person (as defined in applicable U.S. regulatory regimes) or, if you are a legal entity or legal arrangement, the jurisdiction in which your registered office or place of residence is located becomes a Restricted Territory.
For the purpose of this Agreement, "Designated Restricted Territories" are the United States (including US Territories such as Puerto Rico, Guam, the Northern Mariana Islands, American Samoa, etc.), the mainland of China, Russia, Japan, Iran, Ukraine, North Korea, Thailand, Yemen, Venezuela, Iraq, Afghanistan, Malaysia, Uzbekistan, Cuba, Somalia, Sudan, South Sudan, Zimbabwe, Canada, Bosnia and Herzegovina, Burundi, Central African Republic, Democratic Republic of the Congo, Guinea, Haiti, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, Republic of Belarus, Republic of Guinea-Bissau, and any other country listed on the UK Sanctions List published by the Foreign, Commonwealth & Development Office of the Government of the United Kingdom (or any other office, authority or body of the Government of the United Kingdom) or in respect of which any office, authority, ministry or body of the Government of the Cayman Islands has imposed sanctions. The foregoing list of "Designated Restricted Territories" may be updated from time to time at Enclave's sole and absolute discretion (such list as it may be revised from time to time, the "Restricted List").
The Services are intended for legal entities, legal arrangements, and individuals who are at least 18 years old. Individuals under this age are not permitted to access or use the Site, and if you are an individual under this age, you undertake that you will not use the Site. By registering for an Account, clicking to accept or agree to these Terms or accessing or using the Site in any way an individual represents and warrants to Enclave that such individual is at least 18 years old.
If you breach any of these Terms, your authorisation to use the Site and the Services will automatically terminate, and you undertake to immediately thereafter destroy any Content (as defined in Clause 9 below) you have downloaded or printed from the Site whether authorised or unauthorised. Enclave reserves the right to pursue any additional remedies available in law or equity.
The Services of Enclave allow you to buy, sell and trade digital assets and, when available on the Site, perpetual contracts that reference digital assets as the underlying reference asset ("Perpetual contracts") in a cryptographically secure computing environment. By using the Site or the Services, you acknowledge, understand and agree that:
In General. Enclave facilitates and enables eligible users to enter into perpetual contracts with other eligible users of the Enclave Global Platform (the “Perpetual contract trading services”) that reference digital assets as the underlying reference asset. These contracts (“Perpetual contracts”) allow you to trade on the basis of an agreed future price of a particular digital asset, with no fixed expiry date (each transaction of this nature being defined as a “Perpetual Contract Transaction”). These Perpetual contracts are entered into between you and other users on the Enclave Global Platform only and by entering into a Perpetual Contract you enter into a binding agreement with the other user on the terms and conditions of that contract that are set out on the Site at the time you place such order and represented by the automated code that executes such Perpetual Contract. A discussion of the risks involved in using Perpetual contracts is included below under the heading “Risks Related to Trading using Perpetual Futures.” You acknowledge and agree that this is not an exhaustive list of all of the risks associated with trading in Perpetual contracts or your use of the Perpetual contract trading services.
Non-externally transferrable. By using the Perpetual contract trading services: (a) you cannot transfer Perpetual contracts to other platforms or enter into secondary trading in respect of them; and (b) any open Perpetual Contract positions can only be closed and the corresponding Perpetual Contract terminated on the Enclave Global Platform.
By using the Site or the Services, you represent, warrant and covenant, at all times, that:
Each of the events and circumstances set out in this Clause inclusive is an "Event of Default" and the occurrence of any Event of Default shall be deemed to be a repudiation by you of these Terms:
We may charge you network fees (such as gas, miner or validator fees) when you buy, sell, transfer or withdraw a digital asset or otherwise interact with or perform blockchain transactions. We will calculate the estimated network fee at our discretion and notify you of the actual network fee at the time you authorise the relevant operation.
We may also charge you certain fees as set forth on the Site, including transaction fees, administrative fees, or other fees, each of which may be set forth separately or included as a spread in amounts displayed on the Site.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, information, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark and other intellectual property laws and international conventions. You are not permitted to use the Marks without the prior written consent of the owner of the Mark.
Except as expressly provided herein, Enclave and its licensors do not grant any express or implied license to the Site, the Content or the Services. You agree not to copy, reproduce, aggregate, republish, download, post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, sell, reverse engineer, create derivative works based on, or otherwise exploit for any commercial purposes whatsoever, the Site, the Content or the Services without our express prior written permission.
If you are eligible to use the Site, you are granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site and the Contents to which you have properly gained access solely for purposes of buying, selling, and trading digital assets in compliance with these Terms and as explicitly permitted by these Terms. Any other use of the Services is expressly prohibited. You may not modify or alter the Content in any way. We reserve all rights not expressly granted to you in and to the Site, the Services, the Content, and the Marks.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Services ("Submissions") provided by you to us shall become our sole property. We shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are originally from you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, or limit the availability of the Site, to the extent feasible; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
In the event that Enclave cannot, or Enclave determines (acting reasonably) that it cannot, or cannot lawfully, provide any of the Services or fulfil the subject of any contract due to force majeure that may prevent Enclave from fulfilling its obligations, the User accepts, declares and undertakes that Enclave has no responsibility in respect any losses, costs or damages incurred by any user as a result of the Enclave's failure to provide such Services or fulfil such contract.
In these Terms "force majeure" shall be interpreted as unavoidable events, including but not limited to natural disasters, riots, war, epidemics, coups, terrorism, strikes, changing legislative provisions, suspension or withdrawal of a licence, registration, consent or approval, confiscation, communication problems, infrastructure and internet failures, power outage, economic crisis and bad weather conditions, beyond the reasonable control of the relevant party and which cannot be avoided despite due diligence.
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE OR THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES AND WALLET ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCESS OR USE OF THE SITE OR THE SERVICES, WITHOUT WARNING, IN OUR SOLE DISCRETION.
We do not guarantee the completeness or accuracy of any information provided to you on or through the Site or the Services. We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Site. We make no representation as to the availability, functionality and quality of the Site, including any features, hardware or communications. You agree that we are not liable to you or any third party for any modification, change in fees, suspension or discontinuance of any or all of the Site.
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including, without limitation, descriptions, schedules, pricing, quantity, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice. In addition, we reserve the right to change, revise, update, suspend, discontinue or otherwise modify all or part of the Site or the Services at any time or for any reason without notice to you. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates or releases in connection therewith.
These Terms (including any non-contractual obligations or liabilities arising out of these Terms or in connection with these Terms) shall be governed by and construed in accordance with the laws of the Cayman Islands.
Binding Arbitration. THIS CLAUSE CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY AFFECT YOUR AND OUR RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE BETWEEN YOU AND US.
Each of you and Enclave irrevocably agrees that the Cayman Islands courts have exclusive jurisdiction to hear, determine and settle any proceedings in respect of Reserved Claims and each of you and Enclave irrevocably submits to the jurisdiction of the Cayman Islands courts, provided that nothing in this Clause shall (or be construed so as to) limit the ability or right of Enclave to bring proceedings against any other party in any other jurisdictions, whether concurrently or otherwise (to the extent allowed by law).
Each of you and Enclave irrevocably waives (and irrevocably agrees not to raise) any objection which it might at any time have on the grounds of forum non-conveniens or on any other ground to proceedings being taken in any court referred to in this Clause, and agrees that any judgment in proceedings taken in any such court shall be conclusive and binding on it and may be enforced in any other jurisdiction.
THE SITE AND THE SERVICES ARE DEVELOPED USING, AND MADE AVAILABLE ON, BLOCKCHAIN AND SECURE COMPUTING TECHNOLOGIES. AS THESE ARE EMERGING AREAS OF TECHNOLOGY, THE SERVICES REMAIN UNDER DEVELOPMENT AND ARE SUBJECT TO ADDITIONAL RISKS. THESE RISKS INCLUDE, WITHOUT LIMITATION, DELAYS IN PRICE UPDATES, TRADE EXECUTIONS, DEPOSITS AND WITHDRAWAL OF FUNDS IN ADDITION TO THE RISKS IN THIS TERMS OF SERVICES BY USING THE SITE OR THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT ALL SUCH RISKS. WITHOUT PREJUDICE TO ANY OTHER PROVISION OF THESE TERMS YOU FURTHER ACKNOWLEDGE AND AGREE THAT NONE OF ENCLAVE OR ANY OTHER INDEMNIFIED PARTY WILL BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF ANY MATTER INCLUSIVE BELOW. YOU ALSO ACKNOWLEDGE AND AGREE THAT THIS CLAUSE DOES NOT CONTAIN AN EXHAUSTIVE LIST OF ALL OF THE RISKS ASSOCIATED WITH DIGITAL ASSETS, THE SITE, AND THE SERVICES.
AS SUCH, YOU ARE SOLELY RESPONSIBLE FOR THE SAFEGUARDING, RETENTION AND SECURITY OF YOUR SEED PHRASE, PRIVATE KEYS AND PASSWORD OF ANY WALLET YOU USE TO AUTHENTICATE ON THE ENCLAVE GLOBAL PLATFORM. IF YOU LOSE YOUR SEED PHRASE, PRIVATE KEYS OR PASSWORD, YOU WILL NOT BE ABLE TO ACCESS YOUR DIGITAL ASSETS OR AUTHENTICATE YOURSELF TO GAIN ACCESS TO YOUR ACCOUNT. NO ONE AT ENCLAVE WILL BE ABLE TO RECOVER YOUR SEED PHRASE, PRIVATE KEY, PASSWORD OR THE DIGITAL ASSETS ASSOCIATED THEREWITH. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS ON DEMAND FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND ARISING FROM OR IN CONNECTION WITH THE LOSS OF YOUR SEED PHRASE, PRIVATE KEYS OR PASSWORD.
WHEN YOU DEPOSIT YOUR DIGITAL ASSETS INTO YOUR ACCOUNT, THEY ARE TRACKED BY THE ENCLAVE WALLET THAT IS PROGRAMMATICALLY MANAGED BY THE SECURE MODULE. WHILE THE SECURE MODULE IS DEVELOPED AND DEPLOYED USING INDUSTRY STANDARD SECURE COMPUTING BEST PRACTICES, SUCH TECHNOLOGY MAY NONETHELESS BE SUSCEPTIBLE TO NEW AND EXISTING HARDWARE AND SOFTWARE SECURITY VULNERABILITIES. AS COMPUTER AND CYBERSECURITY RESEARCH CONTINUES TO EVOLVE, IT IS POSSIBLE THAT ADVANCES IN SUCH RESEARCH INCREASE THE RISK OF A CYBERSECURITY ATTACK OR OTHER BREACH, WHICH MAY RESULT IN THE THEFT OR LOSS OF ALL DIGITAL ASSETS, INCLUDING YOUR DIGITAL ASSETS, THAT ARE TRACKED BY THE ENCLAVE WALLET.
ATTESTORS COLLECTIVELY PARTICIPATE IN THE SECURITY OF THE SECURE MODULE AND AUTHENTICATE CODE CHANGES TO THE SECURE MODULE. WHILE THE ATTESTORS ARE EXPERIENCED BLOCKCHAIN TECHNOLOGISTS, THEY MAY NONETHELESS BE VULNERABLE TO SOPHISTICATED CYBERSECURITY ATTACKS. A CYBERSECURITY ATTACK OR OTHER BREACH MAY RESULT IN THE THEFT OR LOSS OF ALL DIGITAL ASSETS, INCLUDING YOUR DIGITAL ASSETS, THAT ARE TRACKED BY THE ENCLAVE WALLET. IN ADDITION, AS PART OF THE GOVERNANCE PROCESS, ATTESTORS MAY DETERMINE IN THEIR DISCRETION THAT ONE OR MORE ATTESTORS SHOULD BE REMOVED OR REPLACED AND THAT ONE OR MORE EXPERIENCED BLOCKCHAIN TECHNOLOGISTS SHOULD BE ADDED AS AN ADJUDICATOR. YOU AGREE THAT ENCLAVE IS NOT RESPONSIBLE FOR ANY LOSS, COST OR DAMAGE YOU MAY INCUR IN CONNECTION WITH ANY ADJUDICATOR PARTICIPATING IN THE GOVERNANCE PROCESS OR TAKING ANY RELATED ACTIONS, INCLUDING WITHOUT LIMITATION, ANY RESULTING LACK OF AVAILABILITY OR DEGRADED PERFORMANCE OF THE SITE.
ALL INFORMATION PROVIDED ON THE SITE OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED AS, AND DOES NOT PROVIDE, ANY INVESTMENT OR FINANCIAL ADVICE. WITH RESPECT TO ANY FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND YOU CONDUCT YOUR OWN RESEARCH TO PROPERLY EVALUATE THE RISKS AND BENEFITS OF ANY TRANSACTION. WE RECOMMEND YOU SEEK THE ADVICE AND GUIDANCE OF QUALIFIED ACCOUNTANTS, FINANCIAL ADVISORS, TAX ADVISORS, LEGAL COUNSEL AND INVESTMENT ADVISORS, IN CONNECTION WITH ANY INVESTMENT OR FINANCIAL TRANSACTION. YOU AGREE TO BE HELD FULLY RESPONSIBLE FOR YOUR DECISIONS. TO THE EXTENT THAT WE OR OUR REPRESENTATIVES PROVIDE MARKET COMMENTARY, OR ANY OTHER INFORMATION, IT IS INCIDENTAL TO YOUR RELATIONSHIP WITH US AND SUCH INFORMATION SHOULD NOT BE CONSTRUED AS INVESTMENT OR FINANCIAL ADVICE. YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY COMMUNICATION BY US AS INVESTMENT OR FINANCIAL ADVICE OR AS A RECOMMENDATION TO USE THE SERVICES AND TRANSACT IN DIGITAL ASSETS.
YOU REPRESENT THAT YOU HAVE SUFFICIENT KNOWLEDGE, MARKET SOPHISTICATION, PROFESSIONAL ADVICE AND INVESTING EXPERIENCE TO MAKE YOUR OWN EVALUATION OF THE MERITS AND RISKS OF ANY TRANSACTION ENTERED INTO ON THE SITE OR ANY UNDERLYING DIGITAL ASSET. YOU SHOULD NOT USE THE SITE OR TRANSACT IN DIGITAL ASSETS UNLESS YOU FULLY UNDERSTAND THE NATURE OF THE TRANSACTION YOU ARE ENTERING INTO AND THE EXTENT OF YOUR EXPOSURE TO LOSS. ENCLAVE IS NOT RESPONSIBLE FOR ANY LOSS YOU MAY INCUR AS A RESULT OF A DECREASE IN THE VALUE OF YOUR DIGITAL ASSETS, INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE LACK OF AVAILABILITY OR DEGRADED PERFORMANCE OF THE SITE.
ENCLAVE IS NOT YOUR BROKER, INTERMEDIARY, AGENT, OR ADVISOR AND HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU IN CONNECTION WITH ANY TRANSACTIONS, DECISIONS OR ACTIVITIES THAT YOU MAY ENTER INTO USING THE SERVICES.
BUYING, HOLDING, SELLING AND TRADING DIGITAL ASSETS INVOLVE CERTAIN RISKS OF FINANCIAL LOSS. ANY DIGITAL ASSET MAY BE SUBJECT TO FLUCTUATIONS IN VALUE, INCLUDING A TOTAL LOSS OF VALUE. THE VOLATILITY AND UNPREDICTABILITY OF THE PRICE OF DIGITAL ASSETS RELATIVE TO FIAT CURRENCY MAY RESULT IN SIGNIFICANT LOSS OVER A SHORT PERIOD OF TIME. THE NATURE OF DIGITAL ASSETS MAY LEAD TO AN INCREASED RISK OF FRAUD OR CYBER-ATTACK. THE NATURE OF DIGITAL ASSETS MEANS THAT ANY TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY ENCLAVE MAY PREVENT YOUR ACCESS TO OR USE OF YOUR DIGITAL ASSETS. YOU SHOULD NOT ENGAGE IN ACTIVE TRADING ON THE SITE IF YOU HAVE LIMITED TRADING EXPERIENCE OR A LOW RISK TOLERANCE. SPECULATING ON THE VALUE OF DIGITAL ASSETS IS HIGH RISK AND YOU SHOULD NEVER TRADE MORE THAN YOU CAN AFFORD TO LOSE. YOU ACKNOWLEDGE THESE RISKS AND AGREE THAT WE CANNOT BE HELD LIABLE FOR ANY FLUCTUATIONS OR LOSS OF VALUE.
DIGITAL ASSETS AND THEIR UNDERLYING BLOCKCHAIN NETWORKS ARE COMPLEX AND EMERGING TECHNOLOGIES THAT ARE TYPICALLY GLOBALLY DISTRIBUTED ACROSS MULTIPLE, UNAFFILIATED NODES. THEY MAY EXPERIENCE DELAYS, HALTS OR GO OFFLINE AS A RESULT OF ERRORS, FORKS, ATTACKS OR OTHER UNFORESEEABLE REASONS. THEY ARE ALSO SUBJECT TO SPECULATIVE INTEREST AND REGULATORY ATTENTION, WHICH MAY CONTRIBUTE TO PRICE VOLATILITY AND LIQUIDITY CONSTRAINTS. THE AVAILABILITY OF A DIGITAL ASSET ON THE SITE DOES NOT INDICATE ENCLAVE’S APPROVAL OR DISAPPROVAL OF THE DIGITAL ASSET OR ITS UNDERLYING TECHNOLOGY AND SHOULD NOT BE TREATED AS A SUBSTITUTE FOR YOUR OWN UNDERSTANDING OF THE RISKS SPECIFIC TO EACH DIGITAL ASSET. WE PROVIDE NO WARRANTY AS TO THE SUITABILITY OF ANY DIGITAL ASSETS AND ASSUME NO FIDUCIARY DUTY TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES.
ALL DIGITAL ASSET TRANSACTIONS, WHETHER ON OR OFF THE SITE, ARE IRREVERSIBLE. YOU ACCEPT ALL CONSEQUENCES OF BUYING, SELLING OR SENDING DIGITAL ASSETS. ONCE YOUR ORDER IS MATCHED, NEITHER WE NOR YOU WILL BE ABLE TO REVERSE THE TRANSACTION, INCLUDING WITHOUT LIMITATION WHETHER OR NOT YOU ENTERED THE WRONG DIGITAL ASSET, QUANTITY OR PRICE. ONCE YOU SEND DIGITAL ASSETS TO AN ADDRESS, YOU ACCEPT THE RISK THAT YOU MAY PERMANENTLY LOSE ACCESS TO IT. FOR EXAMPLE, AN ADDRESS MAY NOT BE ASSOCIATED WITH A SPECIFIC DIGITAL ASSET, AN ADDRESS MAY HAVE BEEN ENTERED INCORRECTLY AND THE PERSON ASSOCIATED WITH THE ADDRESS MAY NEVER BE DISCOVERED OR AN ADDRESS MAY BELONG TO A PERSON THAT WILL NOT RETURN YOUR DIGITAL ASSETS. YOU ASSUME ALL LIABILITY FOR ANY LOSSES INCURRED AS A RESULT OF YOUR TRANSACTIONS OR TRANSFERS OF DIGITAL ASSETS. YOU ARE SOLELY LIABLE FOR VERIFYING THE ACCURACY OF ANY EXTERNAL WALLET ADDRESS AND THE IDENTITY OF THE RECIPIENT. ENCLAVE DOES NOT CONTROL ANY BLOCKCHAIN NETWORK AND CANNOT GUARANTEE THAT ANY TRANSFER WILL BE CONFIRMED OR TRANSFERRED SUCCESSFULLY BY THE NETWORK. ENCLAVE IS NOT RESPONSIBLE FOR ANY LOSSES OR FOR TAKING ANY ACTIONS TO ATTEMPT TO RECOVER ANY LOST, STOLEN, MISDIRECTED OR IRRECOVERABLE DIGITAL ASSETS.
THE TECHNOLOGY UNDERLYING DIGITAL ASSETS, INCLUDING WITHOUT LIMITATION SECURE COMPUTING, APPLIED CRYPTOGRAPHY, BLOCKCHAIN, NETWORKING AND DISTRIBUTED SYSTEMS, AND SMART CONTRACTS, IS SUBJECT TO CHANGE AT ANY TIME. SUCH CHANGES MAY AFFECT THE SITE, THE SERVICES AND YOUR DIGITAL ASSETS TRACKED BY THE SITE. YOU ASSUME FULL RESPONSIBILITY FOR MONITORING SUCH TECHNOLOGICAL CHANGES AND UNDERSTANDING THEIR IMPACT ON YOUR DIGITAL ASSETS.
THE DIGITAL ASSETS AND THEIR UNDERLYING NETWORKS ARE UNDER DEVELOPMENT AND CONTINUE TO EVOLVE. AS SUCH, THEY MAY BE SUBJECT TO MATERIAL AND SUDDEN CHANGES THAT MAY HAVE A SIGNIFICANT IMPACT ON THE AVAILABILITY, USABILITY, OR VALUE OF A PARTICULAR DIGITAL ASSET. IN ADDITION, AS A GENERAL MATTER, THE OPERATIONS, FUNCTIONALITIES, DEVELOPMENT AND DISTRIBUTIONS OF DIGITAL ASSETS AND THEIR UNDERLYING NETWORKS ARE BEYOND ENCLAVE’S CONTROL. YOU AGREE NOT TO HOLD ENCLAVE LIABLE FOR ANY RELATED LOSSES.
BLOCKCHAIN NETWORKS ARE SUSCEPTIBLE TO VARIOUS ATTACKS SUCH AS AN ATTACK IN WHICH AN ATTACKER GAINS CONTROL OF MINING HASH DISTRIBUTION OR VALIDATING POWER OF THE NETWORK. ENCLAVE CANNOT PREVENT OR MITIGATE ATTACKS ON BLOCKCHAIN NETWORKS AND HAS NO OBLIGATION TO ENGAGE IN ACTIVITY IN RELATION TO SUCH ATTACKS. IN THE EVENT OF AN ATTACK, ENCLAVE RESERVES THE RIGHT TO TAKE (OR TO NOT TAKE) ACTIONS, INCLUDING WITHOUT LIMITATION IMMEDIATELY HALTING TRADING, DEPOSITS AND WITHDRAWALS FOR A DIGITAL ASSET IF WE BELIEVE THAT THE DIGITAL ASSET’S NETWORK IS COMPROMISED OR UNDER ATTACK. IF SUCH AN ATTACK CAUSED THE DIGITAL ASSET TO GREATLY DECREASE IN VALUE, WE MAY DISCONTINUE TRADING IN SUCH DIGITAL ASSET ENTIRELY. WE WILL REVIEW AND RESOLVE ISSUES ARISING FROM SUCH ACTIONS ON A CASE-BY-CASE BASIS IN OUR SOLE DISCRETION.
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE AT ALL TIMES. WE MAY EXPERIENCE HARDWARE OR SOFTWARE ERRORS, OPERATIONAL OR TECHNICAL DIFFICULTIES, DENIAL-OF-SERVICE ATTACKS, OTHER CYBERATTACKS, OR OTHER PROBLEMS. WE MAY NEED TO PERFORM MAINTENANCE RELATED TO THE SITE, RESULTING IN INTERRUPTIONS, DELAYS, OR ERRORS. THE SERVICES MAY BECOME UNAVAILABLE OR EXPERIENCE PERFORMANCE DEGRADATION FROM TIME TO TIME, SUCH AS DURING PERIODS OF HIGH VOLATILITY, HIGH VOLUME, NETWORK CONGESTION, NETWORK UPGRADES OR SOFTWARE UPDATES. WE DO NOT GUARANTEE THAT ANY ORDER WILL BE TRANSMITTED, EXECUTED OR REMAIN OPEN. YOU AGREE TO ACCEPT THE RISK OF TRANSACTION FAILURE RESULTING FROM SUCH ISSUES. YOU AGREE THAT WE HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, OR INCONVENIENCE CAUSED BY YOUR INABILITY TO ACCESS OR USE THE SITE DURING ANY DOWNTIME OR DISCONTINUANCE OF THE SITE, INCLUDING ANY DELAYS IN TRANSMITTING, EXECUTING OR PROCESSING ORDERS.
THE SITE DOES NOT FACILITATE OR SUPPORT THE DISTRIBUTION OF DIGITAL ASSETS BASED UPON A TRIGGERING EVENT, INCLUDING WITHOUT LIMITATION AIRDROPS, FORKS, STAKING REWARDS OR ANY OTHER DISTRIBUTION THAT USERS MAY OTHERWISE BE ENTITLED TO CLAIM BASED ON THEIR ACTIVITY OR POSSESSION OF A DIGITAL ASSET INDEPENDENT OF THE SITE (COLLECTIVELY, A "DIGITAL ASSET DISTRIBUTION"). ENCLAVE MAY, IN ITS SOLE DISCRETION, ELECT TO SUPPORT ANY DIGITAL ASSET DISTRIBUTION. HOWEVER, ENCLAVE IS NOT OBLIGATED TO DO SO AND SHALL NOT BE LIABLE TO YOU FOR FAILING TO DO SO, OR FOR INITIATING AND SUBSEQUENTLY TERMINATING SUCH SUPPORT. IF YOU HOLD SUCH DIGITAL ASSETS IN YOUR ACCOUNT, YOU AGREE TO FORFEIT THE ABILITY TO CLAIM ANY DIGITAL ASSET DISTRIBUTIONS FROM US.
ENCLAVE IS REGISTERED WITH THE CAYMAN ISLANDS MONETARY AUTHORITY AS A VIRTUAL ASSET SERVICE PROVIDER. IT IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR THE U.S. COMMODITY FUTURES TRADING COMMISSION AND DOES NOT PROVIDE SECURITIES SERVICES IN THE UNITED STATES OR TO U.S. PERSONS (AS DEFINED IN APPLICABLE U.S. REGULATORY REGIMES).
THE SITE DOES NOT SUPPORT FIAT DEPOSITS. A USER SHOULD NOT ATTEMPT TO DEPOSIT ANY FIAT ON THE SITE AND MAY LOSE ALL OR PART OF ANY FIAT DEPOSIT THE USER ATTEMPTS TO MAKE.
UNDER THE LAWS OF THE CAYMAN ISLANDS YOUR DIGITAL ASSETS DO NOT BENEFIT FROM ANY INVESTOR PROTECTIONS OR INVESTOR INSURANCE.
ENCLAVE RESERVES THE RIGHT TO BLACKLIST CERTAIN ACCOUNTS, BLOCK CERTAIN DIGITAL WALLET ADDRESSES FROM USING THE SITE AND FREEZE ASSOCIATED DIGITAL ASSETS, WHETHER TEMPORARILY OR PERMANENTLY, THAT IT DETERMINES, IN ITS SOLE DISCRETION, ARE ASSOCIATED WITH RESTRICTED PERSONS, RESTRICTED TERRITORIES, ILLEGAL ACTIVITY OR ACTIVITY THAT OTHERWISE VIOLATES THE TERMS (COLLECTIVELY, "RESTRICTED ADDRESSES"). IF YOU SEND DIGITAL ASSETS TO A RESTRICTED ADDRESS OR RECEIVE DIGITAL ASSETS FROM A RESTRICTED ADDRESS, ENCLAVE MAY FREEZE SUCH DIGITAL ASSETS AND TERMINATE YOUR ACCOUNT.
IN CERTAIN CIRCUMSTANCES, ENCLAVE MAY BE LEGALLY REQUIRED OR DEEM IT NECESSARY TO REPORT SUSPECTED ACTIVITY TO APPLICABLE LAW ENFORCEMENT AGENCIES AND OTHER REGULATORY AUTHORITIES, AND YOU MAY FORFEIT ANY RIGHTS ASSOCIATED WITH YOUR DIGITAL ASSETS, INCLUDING THE ABILITY TO TRADE OR WITHDRAW YOUR DIGITAL ASSETS.
DIGITAL ASSETS MAY BE SUBJECT TO TAXATION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER, AND TO WHAT EXTENT, ANY TAXES APPLY TO ANY TRANSACTIONS YOU CONDUCT USING THE SERVICES, AND TO WITHHOLD, COLLECT, REPORT AND REMIT THE CORRECT AMOUNTS OF TAXES TO THE APPROPRIATE TAX AUTHORITIES.
YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS. YOU AGREE THAT ENCLAVE IS NOT RESPONSIBLE FOR DETERMINING WHETHER OR WHICH LAWS AND REGULATIONS MAY APPLY TO YOU OR YOUR TRANSACTIONS.
THE REGULATORY ENVIRONMENT CONCERNING DIGITAL ASSETS AND DIGITAL ASSET-RELATED TRANSACTIONS CONTINUES TO DEVELOP. THE APPLICATION AND INTERPRETATION OF EXISTING LAWS AND REGULATIONS ARE OFTEN LARGELY UNTESTED AND THERE IS A LACK OF CERTAINTY AS TO HOW THEY WILL BE APPLIED. NEW LAWS AND REGULATIONS WILL BE PROMULGATED IN THE FUTURE THAT APPLY TO BLOCKCHAIN TECHNOLOGY AND DIGITAL ASSETS AND RELATED SERVICES PROVIDERS. ANY SUCH LEGISLATIVE AND REGULATORY CHANGES OR ACTIONS MAY ADVERSELY AFFECT THE USAGE, TRANSFERABILITY, TRANSACTABILITY AND VALUE OF DIGITAL ASSETS, OR YOUR ACCESS TO, AND OUR ABILITY TO PROVIDE, THE SERVICES. IT IS NOT POSSIBLE TO PREDICT HOW SUCH CHANGES WOULD AFFECT THE PRICE AND LIQUIDITY OF PERPETUAL CONTRACTS, DIGITAL ASSETS GENERALLY OR THE SERVICES. YOU ACKNOWLEDGE AND ACCEPT THE RISKS THAT SUCH CHANGES MAY BRING, AND THAT ENCLAVE IS NOT LIABLE FOR ANY RESULTING ADVERSE IMPACT TO YOU.
REGULATORY ACTIONS COULD NEGATIVELY IMPACT DIGITAL ASSETS AND DIGITAL ASSET-RELATED TRANSACTIONS IN VARIOUS WAYS, INCLUDING, FOR PURPOSES OF ILLUSTRATION ONLY, THROUGH A DETERMINATION (WITH RETROSPECTIVE OR PROSPECTIVE EFFECT) THAT DIGITAL ASSETS OR THEIR DERIVATIVES ARE REGULATED FINANCIAL INSTRUMENTS REQUIRING REGISTRATION OR LICENSING IN CERTAIN JURISDICTIONS. WE MAY HAVE TO LIMIT THE AVAILABILITY OF CERTAIN CONTRACTS OR DISALLOW USERS BASED ON THEIR CITIZENSHIP, RESIDENCE, OR LOCATION FROM ENGAGING IN ANY TRANSACTIONS ON THE ENCLAVE GLOBAL PLATFORM IF DOING SO BECOMES COMMERCIALLY UNSUSTAINABLE OR LEGALLY PROHIBITED, WHICH COULD MATERIALLY AFFECT THE PRICE AND LIQUIDITY OF CONTRACTS.
YOU UNDERSTAND THAT ULTIMATELY IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU COMPLY WITH ANY AND ALL LOCAL REGULATIONS, DIRECTIVES, RESTRICTIONS AND LAWS IN YOUR PLACE(S) OF RESIDENCE BEFORE USING THE SERVICES. WE STRICTLY STATE THAT WE DO NOT PERMIT THE USE OF OUR SERVICES BY USERS FROM A JURISDICTION IN WHICH THE USE OF OUR SERVICES IS NOT PERMITTED. WE ARE NOT OFFERING OR SOLICITING THE USE OF OUR SERVICES TO ANY PERSON LOCATED IN ANY RESTRICTED TERRITORIES OR ANY OTHER JURISDICTION IN WHICH THE SPECIFIC USE OF OUR SERVICES IS NOT AUTHORISED OR IS OTHERWISE PROHIBITED BY LOCAL LAWS.
ENTERING INTO PERPETUAL CONTRACTS (WHEN OFFERED ON THE SITE) INVOLVES SIGNIFICANT RISK, IS HIGHLY SPECULATIVE AND IS NOT SUITABLE FOR EVERYONE. THIS IS PARTICULARLY TRUE GIVEN THE VOLATILE NATURE OF DIGITAL ASSET MARKETS. YOU SHOULD SEEK ADVICE FROM AN INDEPENDENT AND SUITABLY LICENSED FINANCIAL ADVISOR AND ENSURE THAT YOU HAVE THE RISK APPETITE, RELEVANT EXPERIENCE AND KNOWLEDGE BEFORE YOU DECIDE TO ENTER INTO PERPETUAL CONTRACTS.
IN ENTERING INTO PERPETUAL CONTRACTS, YOU ARE NOT ENTERING INTO A SALE OR PURCHASE AGREEMENT TO PURCHASE DIGITAL ASSETS THEMSELVES. A PERPETUAL CONTRACT DOES NOT GIVE YOU ANY RIGHTS TO RECEIVE ANY UNDERLYING DIGITAL ASSET; INSTEAD, IT IS A CONTRACT THAT PROVIDES AN AGREED POSITION WITH RESPECT TO THE FUTURE PRICE OF A DIGITAL ASSET THAT MAY RESULT IN A PROFIT OR A LOSS FOR YOU. YOU WILL BE EXPOSED TO RISKS ASSOCIATED WITH TRANSACTING IN SUCH INSTRUMENT SUCH AS, BUT NOT LIMITED TO, LACK OF DEMAND AND INSUFFICIENT COLLATERAL. THESE RISKS MAY RESULT IN LOSS AND/OR INABILITY TO CLOSE OUT POSITIONS(S).
TRADING IN PERPETUAL CONTRACTS REQUIRES THE POSTING OF MARGIN AND THE MAINTENANCE OF THAT MARGIN AS DIGITAL ASSETS MARKETS MOVE IN ORDER TO GUARANTEE YOUR OPEN POSITIONS. THE MOVEMENT OF THE MARKET AGAINST YOU COULD RESULT IN YOU NOT HOLDING ADEQUATE MARGIN IN LINE WITH THE MARGIN REQUIREMENTS, AND THE RESULTING LIQUIDATION OR CLOSE-OUT OF YOUR POSITIONS, THEREBY CRYSTALLISING LOSSES. PRICE VOLATILITY IN THE UNDERLYING ASSET CAN LEAD TO RAPID AND SIGNIFICANT PRICE SWINGS IN PERPETUAL CONTRACTS, WHICH CAN RESULT IN SUBSTANTIAL GAINS OR LOSSES FOR TRADERS. BECAUSE OF THE POSSIBILITY FOR RAPID MOVEMENTS IN THE PRICE OF THE FUTURES AND THE IMPACT THIS MAY HAVE ON A LEVERAGED POSITION, WE MAY REQUEST THAT YOU PROVIDE ADDITIONAL FUNDS TO THE MARGIN WALLET WITH LITTLE OR NO PRIOR NOTICE. OPEN PERPETUAL FUTURES TRANSACTION POSITIONS REQUIRE ONGOING MONITORING AND MANAGEMENT TO ENSURE YOU CAN MANAGE YOUR POSITIONS EFFECTIVELY. BY TRADING PERPETUAL CONTRACTS, YOU CAN LOSE UP TO YOUR ENTIRE MARGIN BALANCE. YOU SHOULD CAREFULLY CONSIDER WHETHER YOU CAN AFFORD TO BEAR THE RISKS OF LOSS INVOLVED IN USING THE PERPETUAL CONTRACT TRADING SERVICES. YOU SHOULD NOT FUND YOUR MARGIN WALLET AND TRADE WITH DIGITAL ASSETS THAT YOU CANNOT AFFORD TO LOSE.
TRADING OF PERPETUAL CONTRACTS MAY BE RISKIER, LESS LIQUID, MORE VOLATILE, AND MORE VULNERABLE TO ECONOMIC, POLITICAL, MARKET, INDUSTRY, REGULATORY AND OTHER CHANGES THAN OTHER TYPES OF DERIVATIVES CONTRACT. THE LIQUIDITY OF THE MARKET FOR PERPETUAL CONTRACTS WILL DEPEND ON, AMONG OTHER THINGS, SUPPLY AND DEMAND ON THE ENCLAVE GLOBAL PLATFORM AND THE COMMERCIAL AND SPECULATIVE INTEREST IN THE MARKET FOR THESE PERPETUAL CONTRACTS. AS PERPETUAL CONTRACTS ARE TRADED ON A CLOSED TRADING SYSTEM, THERE IS A RISK THAT THERE MAY BE LIMITED VOLUME AND LIQUIDITY.
A LACK OF LIQUIDITY IN ANY MARKET FOR CONTRACTS MAY RESULT IN DELAYS IN ORDER EXECUTION AND SOME ORDERS MAY NOT EXECUTE AT ALL; THESE EFFECTS MAY BE EXACERBATED WHERE AN ORDER IS LARGER.
IN ORDER TO PROVIDE PRICING TO CARRY OUT PERPETUAL CONTRACTS AND SET MARGIN REQUIREMENTS, ENCLAVE PROVIDES A SUITABLE PRICE FOR SUPPORTED DIGITAL ASSETS ON ENCLAVE GLOBAL PLATFORM WHICH IS CALCULATED BY REFERENCE TO A NUMBER OF DIFFERENT PRICE FEEDS FROM KEY LIQUID DIGITAL ASSET MARKETS GLOBALLY. ALTHOUGH ENCLAVE WILL MAKE EFFORTS TO ENSURE THAT ITS PRICES REFLECT THE MARKET TO THE EXTENT POSSIBLE, DURING EXCEPTIONAL MARKET CONDITIONS, PRICING MAY AT TIMES VARY FROM THE MARKET AND THAT COULD LEAD TO LIQUIDATIONS. YOU SHOULD ENSURE THAT YOU MONITOR ENCLAVE GLOBAL PLATFORM PRICE FEEDS AND YOUR ACCOUNT IN ORDER TO MANAGE YOUR OPEN POSITIONS IN PERPETUAL CONTRACTS TO AVOID UNINTENDED CONSEQUENCES.
You acknowledge and agree that in no event will we or our affiliates, or any of our or their respective officers, directors, shareholders, partners, employees, representatives, contractors, affiliates, agents, service providers, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of goodwill or reputation, loss of contract, diminution in value or lost opportunity, loss, corruption or breach of data or any other intangible property, costs, expenses and payments, either in tort (including negligence), contract, or other damages, in any other form, arising out of, or in connection with: these Terms; your use or inability to use the Site or the Services; marketing of the Site or the Services; any form of failure, error or breakdown in use of the Site or the Services; the cost of procuring substitute goods and services in circumstances where you do not or are unable to use the Services; any goods, data, information or services purchased or obtained or transactions entered into through or from the Services; unauthorised access to or alteration of your transmissions or data; any fault or error made by us or our service providers or any of our or their respective officers, directors, shareholders, partners, employees, representatives, subcontractors, affiliates, agents; your reliance on content available on the Site; any communication through the Site or with other users on the Site; any termination of service; or any other matter relating to the Services; even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, the aggregate liability of Enclave or any other Indemnified Party to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (i) US$100 or (ii) all amounts actually paid by you to us under these Terms in the 12 months immediately preceding the event giving rise to the claim.
The Site and the Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Site and the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory or otherwise, in connection with the Site and the Services and your use thereof, including, without limitation, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations (i) about the accuracy, reliability, usefulness or completeness of the Site, the Services or the Content; (ii) that the Services will meet your requirements; (iii) that the Services will be uninterrupted, timely, secure or error-free; or (iv) that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. Without limiting the forgoing, you understand and agree that neither we nor our service providers will be liable for any (1) any inaccuracy, defect or omission of Content and materials, including without limitation digital asset price data, or any error, delay or interruption in the transmission of such Content and materials; (2) any glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf or the Site or the Services; (3) any viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf or the Site or the Services or any website or service linked to our website; (4) any unauthorised access to or use of our secure servers and/or any and all personal data or financial information stored therein; or (5) a suspension, termination, freezing of your digital assets or other action taken with respect to your Account.
We do not warrant, endorse, guarantee or assume responsibility for any decentralised application, product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providing software or services. No representation or other affirmation of fact, including statements regarding capacity, suitability for use or performance of the Site, its contents or the Services, whether or not made by any us, which is not expressly contained in these Terms, shall be deemed to be a warranty by the involved persons for any purpose, or give rise to any liability. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You agree to defend, release, indemnify and hold us, our affiliates, and our and their respective officers, directors, shareholders, partners, employees, representatives, contractors, affiliates, agents, service providers, successors and assigns (collectively, "Indemnified Parties" and each, an "Indemnified Party") harmless on demand from and against any loss, costs, damage, expenses, liability, claim, or demand (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) ("Losses"), due to or arising out of: (1) your access to or use of the Site or the Services; (2) any contributions you submit to Enclave or transmit through the Site (including, without limitation, any content or computer viruses), (3) your breach or anticipatory breach of these Terms; (4) your violation or anticipatory violation of applicable law; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You agree to release each of the Indemnified Parties from any and all claims and demands (and waive any rights you may have against any of the Indemnified Parties in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user of the Site or the Services or other third party in connection with the Services (including any digital asset transactions) or the subject matter of the Terms.
We will maintain certain data that you transmit to the Site, as well as data relating to your use of the Site, for purposes of managing the performance of the Site and improving the Site, and you hereby consent to the use of such data for such purposes and for the other purposes set out in the "Privacy Policy/Notice" published on the Site (the "Privacy Policy"). Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms (including any documents incorporated by reference) and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us in relation to the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defence you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute and deliver these Terms.
Enclave complies with the provisions of the Digital Millennium Copyright Act (“DMCA”), which can be found at http://www.copyright.gov, applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. Pursuant to the DMCA, if you have a good faith belief that your copyrighted works are subject to a DMCA takedown, you may submit a takedown notice which includes at least the following information:
Identification and a detailed description of the copyrighted work that you claim has been infringed and its location on the Site;
Information reasonably sufficient for us to contact you (including name, address, telephone number, and email address);
A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
A statement, made under penalty of perjury, that the information in the notice is accurate, and that you are the copyright owner or their designated agent who is authorized to act on their behalf; and
An electronic signature or physical signature of a person authorized to act on behalf of the copyright owner.
Any and all DMCA takedown notices shall comply with Section 34 and be submitted to the following address: [email protected]
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected]