You agree that by registering for an account, clicking to accept or agree to these Terms or accessing or using the Site in any way, you expressly acknowledge that you have read and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH SUCH TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Important notice (provided for convenience only; please review the relevant provisions in these Terms):
Supplemental terms and conditions or documents relating to the Site or the Services that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the date above and notifying you of each such change or supplemental terms and conditions or documents. 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 in any revised Terms by your continued use of the Site or the Services after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity 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 requirement within such jurisdiction or country. 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 or persons who have their registered office or place of residence in any of the Restricted Territory.
The Services are intended for users who are at least 18 years old. Persons under this age are not permitted to access or use the Site.
If you breach any of the Terms, your authorization to use the Site and the Services will automatically terminate, and any Content downloaded or printed from the Site, whether authorized or unauthorized, must be immediately destroyed. Enclave reserves the right to pursue any additional remedies available in law or equity.
You must register for an Enclave user account to use the Services (an “Account”). By registering or using an Account you represent that you have created your Account and you will use your Account only for yourself (including the entity you represent), and not on behalf of any third party, unless you have obtained prior written approval from us. You are responsible at all times for all activity that occurs under your Account. We may, in our sole discretion, refuse to open an Account or suspend or terminate any Account or any use thereof, including without limitation any trading or transfer of digital assets using your Account.
Once you have completed registration, you may access the Site to use the Services. You will need to connect your self-custodial wallet to the Site and submit a signed blockchain transaction from your wallet in accordance with our authentication process to gain access to your Account. You acknowledge that any delays or interruption in the availability of the underlying blockchain network may prevent you from accessing your Account. WE WILL NEVER ASK FOR YOUR SEED PHRASE, PRIVATE KEY OR PASSWORD. DO NOT SHARE YOUR SEED PHRASE, PRIVATE KEY OR PASSWORD WITH ANYONE. See Section 14.1 for additional important information on your responsibilities.
Except where the context otherwise requires (i) a reference to a person includes a reference to any individual, firm, company, government, state or agency of a state, local or municipal authority or government body or any joint venture, association or partnership (whether or not having separate legal personality) and (ii) a reference to a company includes any company, corporation or other body corporate wherever and however incorporated or established.
The Services allow you to buy, sell and trade digital assets in a cryptographically secure computing environment. By using the Site or the Services, you acknowledge, understand and agree that:
the Services are non-custodial in nature. When you deposit digital assets into your Account, you retain control over those digital assets because you have to submit a signed transaction from your self-custodial wallet in order to take any action with respect to those digital assets, such as transacting in or withdrawing those digital assets. No single person or entity has the ability to take any action on your behalf. You are therefore solely responsible for the safeguarding, retention and security of your seed phrase, private keys and password. Your seed phrase is associated with your external, self-custodial wallet. You do not have a seed phrase that is unique to Enclave, or that is otherwise issued or controlled by Enclave. Your seed phrase is the master key that allows you to access your digital asset. If you lose your seed phrase, you will not be able to access your digital assets. No one at Enclave will be able to recover your seed phrase, private key or password. Do not share your seed phrase, private keys or password with anyone. Anyone who knows your seed phrase will be able to access and transfer your digital assets. You acknowledge that we do not store and are not responsible in any way for the safeguarding, retention, security or recovery of your seed phrase, private keys or password;
the Services operate on Intel Software Guard Extensions (“SGX”) technology, which provides hardware-based encryption for sensitive aspects of the trading platform (the “Secure Module”). A set of qualified Attestors (“Attestors”) collectively participate in the governance of the Secure Module, including by monitoring and confirming transactions and approving code changes;
you will only access the Services, including sending, buying, selling and trading digital assets, using the Site. We will provide you with a digital wallet address (the “Enclave Wallet”) to deposit your digital assets into. Do not send digital assets to any other address. You acknowledge that sending digital assets to an address is a permanent and irreversible action, and that we are unable to recover digital assets that you send to incorrect addresses. We will not be liable or responsible for any losses you incur if you send digital assets to an incorrect address;
the Services only supports certain digital assets (“Supported Digital Assets”). Do not use or attempt to use the Site to buy, sell, trade, send, request or receive any assets other than Supported Digital Assets. Enclave will not be responsible for any attempt to use the Site or the Services to buy, sell, trade, send, request or receive any assets that we do not support. In addition, Enclave may in its sole discretion terminate support for any Supported Digital Asset;
your use of the Services may be subject to a minimum or maximum transaction size, stated in U.S. Dollar terms, whether on a per-transaction basis or over a particular time period. Enclave reserves the right to change applicable limits, and to refuse to raise your limits, as we deem necessary in our sole discretion;
in coordination with Attestors, we may, and you hereby authorize us to, with no liability to you or any third party, reverse, cancel, nullify, correct, and adjust certain transactions in our sole discretion if we believe that such action is required by law or regulation; such action is required to protect Enclave, the Site, or the Services; the transaction involves money laundering, fraud, or other prohibited activity; you have breached these Terms; or such action is otherwise reasonably required, including if the applicable digital asset market is subject to malfunction, manipulation, or other error;
none of the information made available on the Site, including without limitation any bid, offer, price, quantity, volume, depth or other data, represents an offer or a solicitation of an offer to enter into a transaction with Enclave (other than payment of any transaction fees to Enclave) or financial or investment advice;
Enclave does not act as an agent for you or any other user of the Site of the Services;
Enclave does not act as a principal or counterparty for transactions entered into on the Site. Notwithstanding the foregoing, (a) Enclave may act as a counterparty for limited trades made for the purpose of liquidating fees collected on user transactions and (b) affiliates of Enclave may execute trades on the Site, provided that such affiliates shall not be afforded any priority in trade execution.
By using the Site or the Services, you represent, warrant and covenant that:
you have the legal capacity to enter into, and you agree to comply with, these Terms;
if you are entering into these Terms for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity;
you are at least 18 years old;
your use of the Site will not violate any applicable law or regulation;
you lawfully own any digital asset you use in connection with the Services or you are authorized by the owner thereof to use the digital assets in connection with the Services;
your actions are not in violation of applicable export control restrictions;
you or any party that owns or controls you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including without limitation the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Blocked Persons List and the Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States or any other applicable government authority (collectively, “Restricted Persons”);
you or any party that owns or controls you are not located, incorporated or otherwise established in in any country to which the United States has embargoed goods or has otherwise applied any sanctions, including the countries on the Restricted List (“Restricted Territories”);
you do not intend to transact with any Restricted Persons or persons located in Restricted Territories;
you are not located, incorporated or otherwise established in, or a citizen or resident of a jurisdiction where it would be illegal under applicable law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services
the publication or availability of the Services in the jurisdiction in which you are based is not prohibited or contrary to local law or regulation, and will not subject Enclave to any local registration or licensing requirements;
you do not, and will not, use a VPN or any other privacy or anonymization technology to circumvent any geofencing or other restrictions that apply to the Site.
We do not offer the Services to Restricted Persons or persons who have their registered office or place of residence in Restricted Territories. Any use or attempted use by such users may result in termination or suspension of access to the Services and the freezing of any digital assets associated with their Accounts. We may, in our sole discretion, implement additional controls to restrict access to and use of the Services in Restricted Territories, as reasonably necessary to comply with export control restrictions.
You may not access or use the Site or the Services for any purpose other than that for which we make the Site available. As a user of the Site and the Services, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as seed phrases, private keys or passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us, the Site or any other users of the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or
Use the Site for any illegal or unauthorized purpose.
Violate any applicable laws or regulations.
Use the Site to advertise or offer to sell goods and services.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Site.
Engage in any automated use of the Site or the Services, such as using any data mining, spider, robots, scraper or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or make any false statements pertaining to your identity.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, gifs, pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms).
Interfere with, disrupt, or create an undue burden on the Site, the Services or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or the Services to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion thereof.
Copy or adapt the Site’s software.
Decipher, decompile, disassemble or reverse engineer any of the software and data comprising or in any way making up a part of the Site or the Services.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site as part of any effort to compete with us.
Violate, misappropriate or infringe the rights of the Enclave, our users or third parties, including privacy, publicity, intellectual property, or other proprietary rights.
Any use of the Site or the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.
We may charge network fees (such as gas, miner or validator fees) when you buy, sell, transfer, 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 authorize the withdrawal. Enclave is not responsible for, has no control over, and will not be liable for fees imposed by third-party platforms or technology. You will be responsible for all such fees.
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.
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, We will not be 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 and your use of the Site and the Services are governed by and construed in accordance with the laws of the State of Delaware and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
In the event that a Dispute falls within one of the abovementioned exceptions to arbitration or if the Dispute Resolution section is found not to apply, the exclusive jurisdiction and venue of any Dispute will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
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 RISK DISCLOSURES BELOW. BY USING THE SITE OR THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT ALL SUCH RISKS. ENCLAVE WILL NOT BE LIABLE FOR ANY LOSS SUFFERED BY YOU OR ANY THIRD PARTY. You should note that this is not an exhaustive list of all of the risks associated with digital assets, the Site and the Services.
The Services are non-custodial in nature. As such, 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. No one at Enclave will be able to recover your seed phrase, private key or password or the digital assets associated therewith. You agree to hold us harmless 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 Enclave 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.
The Attestors collectively participate in the governance of the Secure Module. Each Adjudicator monitors and confirms submitted transactions to the Enclave Wallet and approves 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 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 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 a requisite mining or validating power on 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 or 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 not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.
The Site does not support fiat deposits. Do not attempt to deposit any fiat on the Site. You acknowledge that digital assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation, the Securities Investor Protection Corporation or any private deposit insurance protection in any jurisdiction.
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 such 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 your transactions.
Digital assets and any software or service related to digital assets are subject to legal and regulatory uncertainty in the U.S. and in other jurisdictions. As 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. You acknowledge and accept the risks that such changes may bring and that Enclave is not liable for any resulting adverse impact to you.
IN NO EVENT WILL WE OR THE AVALANCHE FOUNDATION LIMITED, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “FOUNDATION”) OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AFFILIATES, AGENTS OR 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: THE 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; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY FAULT, OR ERROR MADE BY US OR THE FOUNDATION; 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 OR THE FOUNDATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF ENCLAVE, THE FOUNDATION AND THEIR RESPECTIVE SERVICE PROVIDERS 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) U.S. $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. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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 AND THE FOUNDATION (AS DEFINED BELOW) AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AFFILIATES, AGENTS AND SERVICE PROVIDERS 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, THE FOUNDATION NOR OUR RESPECTIVE 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 UNAUTHORIZED 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.
NEITHER WE NOR THE FOUNDATION WARRANTS, ENDORSES, GUARANTEES OR ASSUMES RESPONSIBILITY FOR ANY DAPP, 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 NEITHER WE NOR THE FOUNDATION WILL 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 and the Foundation, including all of our and the Foundation’s respective affiliates, services providers, officers, directors, agents, partners, employees, contractors, successors and assigns (collectively, “Indemnified Parties” and each, an “Indemnified Party”) harmless from and against any loss, 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 defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense 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.
If you are a California resident, you 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
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. 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 App, 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.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms 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 defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Enclave Markets Inc.
95 Christopher Columbus Dr.
Jersey City, NJ 07302