The following terms of use (the "Terms") constitute a binding agreement between you and Holdefi platform. (Including current and future affiliates and subsidiaries,Holdefi, "we," or "us") with respect to your use of Holdefi's online website and platform, and any associated accounts, that link to these Terms (collectively, theSite"). You must be at least the legal age of majority in your residence to access and use the Site.
Please read these Terms carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By continuing to use the Site, you acknowledge that you have had the chance to review and consider these Terms, and you acknowledge that you agree to them. If you do not understand these Terms or do not agree with their provisions, please immediately cease your use of the Site.
We may revise and update these Terms from time to time and post the updated Terms to the Site. We encourage you to periodically review this page for the latest information on our terms of use. If changes to these Terms are material (i.e., changes we believe you will find important), we will provide notice to you by e-mail or by posting notice of the changes on the Site.
As part of the Site, Holdefi provides access to a decentralized finance application ("Application") on the Ethereum blockchain that allows lenders or borrowers of Ethereum assets ("Cryptocurrency assets") to transact using smart contracts ("Smart Contracts").
The Site contains depictions that are a summary of the process for obtaining a loan. The use or access of the Site does not guarantee the availability of any current and/or future offer, promotion, terms, loan, or return. Additional terms, conditions, requirements, suitability, and screenings, among other restrictions, may apply at the sole discretion of Holdefi.
Access to the Site is provided "as is" and "as available" basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended, or restricted, including because of a fault, error, or unforeseen circumstances or because we are carrying out planned maintenance.
We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire and/or to terminate your access to and use of the Site, at any time and in our sole discretion.
We may suspend or disable your access to the Site if we consider it reasonable to do so, e.g., you breach these Terms.
We may remove or amend the Content of the Site at any time. However, some of the Content may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.
You will comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the Site.
We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.
In particular, we may, without any prior notice, suspend, terminate and/or limit your Account and access to the Site and/or any Paid Services at any time in the event of:
Furthermore, you hereby agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your Account, associated e-mail address and/or access to any of the Site or any Paid Services.
The termination of your Account shall include any and/or all of the following:
If we terminate your Account, you will not be entitled to any refunds of any monies spent, except as otherwise agreed. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
If you violate any of this Agreement, or otherwise violate an agreement between you and us, Holdefi may terminate your Account, delete your profile and any content or information that you submitted through the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice.
In circumstances where deems fit, The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.
Access to and use of certain services via the Site requires you to register for an account ("Account"). You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Holdefi of any unauthorized use of your Account, or any other breach of security. Holdefi is not liable for any loss or damage arising from your failure to protect your username or password.
If you elect to sign up for certain services via the Site ("Paid Services"), You may also be asked to provide additional cryptocurrency wallet information. At the time you sign up for Paid Services, we will show you a breakdown of what you will be charged. You authorize us to charge your credit card, ACH, or to deduct the agreed-to amount of any fees from available Stored Coins in your Custody Wallet, for the amounts shown to you at the time of purchase and, if the Paid Service you have chosen operates on a subscription basis, you authorize us to charge the amount disclosed to you each month, until your authorized cancellation of such Paid Service. For ongoing payments, you may edit your payment method from your Account page. You grant us a lien on your Stored Coins equal to the amount of any late or unpaid fees.
You may update, cancel or terminate your Account via your Account page at any time.
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the "Content").
You agree not to:
The Site and the Content are owned by Holdefi and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Holdefi and its licensors. You acknowledge and agree that, as between you and Holdefi, Holdefi is and shall remain the sole owner of the Holdefi and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
The Site and any software or technology that may be used in connection with the Site may contain proprietary and confidential material that may be protected by intellectual property rights and other laws. Except as may be expressly authorized by Holdefi
, or as otherwise permitted by applicable law, you agree that you shall not alter, modify, lease, rent, loan, sell, transmit, distribute, broadcast, publicly perform or create any derivative works which are based upon, or derived from, the Site (including any Content, or any software or services provided or made available therefrom).
The Site may display, include, or make available third-party Content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third-Party Materials"). You acknowledge and agree that Holdefi is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Holdefi does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Holdefi is not responsible or liable for your transactions, dealings, or interactions with third parties.
You agree to indemnify, defend, and hold Holdefi and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Salt Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Holdefi.
When using the Site, you agree to comply with all local laws, rules, and regulations applicable to online conduct and acceptable Content. You agree that your use of the Site will comply with all applicable import and export laws, rules and regulations, including but not limited to the United StatesExport Administration RegulationsandSanctions Programs.
THE SITE AND THE CONTENT ARE PROVIDED TO YOU FOR INFORMATION PURPOSES ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND HOLDEFI HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOLDEFI DOES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DOES HOLDEFI REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, HOLDEFI IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY, DOWNTIME OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, AVAILABILITY, OR RELIABILITY OF THE INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOLDEFI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. HOLDEFI'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OF THE SITE OR ANY CONTENT SHALL NOT EXCEED THE FEES PAID BY YOU TO HOLDEFI DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
No Offer; No AdviceNeither these Terms nor any other document or information publicly available on the Site without going through your Account and the purchase process, constitute an offer or solicitation to sell securities. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended. Accordingly, these Terms do not constitute investment advice or counsel or solicitation for investment in any security and shall not be construed in that way. These Terms do not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities. Holdefi expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from (i) reliance on any information contained in this document, (ii) any error, omission, or inaccuracy in any such information or (iii) any action resulting therefrom.
Holdefi is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance, and/or tax matters. Any information provided by Holdefi is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Holdefi reserves all of Holdefi's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Holdefi may have in and to the Site and the Content. Other than as set forth in these Terms, the use of Holdefi's rights and property requires Holdefi's prior written consent. By making services available to you, Holdefi is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site without Holdefi's prior written consent.
Disclosures and DisclaimersNothing contained on the Site constitutes tax, accounting, regulatory, legal, insurance, or investment advice. Neither the information, nor any opinion, contained on this Site constitutes a solicitation or offer by Holdefi or its affiliates to buy or sell any securities, futures, options, or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Site are the sole responsibility of the visitor, and the information contained on the Site has been prepared without reference to any particular user's investment requirements or financial situation.
Holdefi makes no representations that the Content is appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors. You acknowledge and agree that Holdefi has no control over, or liability for, any information included in or arising from blockchain ledgers.
Together with any Loan Agreement, these Terms constitute the sole and entire Agreement between you and Holdefi with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.