updated April 21, 2021

1.      Introduction

These Terms of Use (“Terms”) govern the access or use by you (“you”, “yourself”), an individual or representative of a legal entity, from within any country in the world (excluding the United States and its territories and possessions) of the youves self-governed, open-source software applications and smart contracts  (the “Platform”), accessible via https://youves.com/ . The youves website and the Platform are established and administered by ubinetic AG, a Swiss corporation with domicile at Dammstrasse 16 in Zug, Switzerland (“we”, “us”, “our”). The youves website acts as a front-end to the Platform. The Platform is based on the fully decentralized youves smart contract protocol. Therefore, neither we nor anyone else owns or controls the Platform.

Please read these Terms carefully before using the Platform. The Terms apply to any person accessing the Platform and by using the Platform you agree to be bound by them. If you do not want to be bound by them, you should not access the Platform. By using the Platform in any capacity, you agree that you have read and understood these Terms. If you are a resident of the United States of America or its territories and possessions, you may not access the Platform.

You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that if you agree to these Terms on behalf of a legal entity, you have the legal authority to bind such legal entity to these Terms. You also represent that you are of full age in the country where you reside, and  you can enter into a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.

Please  check the Terms periodically to familiarise yourself with any changes to the Terms. We reserve the right in our discretion to make changes to the Terms. Changes are binding on users of the Platform and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to the Terms   and your continued use of the Platform shall constitute acceptance of any such changes, variations, or modifications.

Our Privacy Policy and Cookie Policy also apply to your use of the Platform.

2.      Platform Content

The self-governed and non-custodial Platform provides you access to a decentralized finance application on the Tezos blockchain that allows you to create your own synthetic tokens by using, among others, smart contracts available on the Platform.

Please note that we may be one of many users of the Platform.  As a result, we may interact with youves smart contracts in the same way other participants do without any privileges. This does not mean that we control or own the Platform.

The Platform is an open-source software tool which you can use within the Platform’s functionalities and the Terms. The Platform is non-custodial, meaning that neither we nor anyone else (besides you) will ever possess the private key for the assets. As a result, neither we nor the Platform have at any point in time access to your wallets, assets, tokens or data. You can connect your own wallet of choice to the Platform and post cryptocurrencies from such a wallet. The Platform is self-governed with a governance token model and based on open-source software as published on GitHub. Accordingly, anyone can copy the Platform. Within a defined governance process, the Platform can be amended to a certain extent. Governance tokens may give holders voting rights and entitlements to a predefined profit share model. The Platform works and runs independently of us.

Using the Platform may require that you pay a fee, such as gas charges on the Tezos network to perform a transaction. You acknowledge and agree that we have no control over any transaction, the method of payment of any transaction, or any actual payments of transactions. You must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your Platform-compatible wallet address to complete any transaction on the Platform before initiating such transaction.

3.      Access to the Platform and risks

Access to the Platform is provided on a “as is” and “as available” basis only. We do not and cannot represent or warrant that the Platform, 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. We do not represent or warrant  that the Platform, or any content on it, will be free from errors or omissions. Some of the content may be out of date at any given time and we are under no obligation to update it.

Your assets or tokens may be locked in smart contracts and subject to their rules which may include the potential loss of your digital assets.

We are not liable to you for any loss or damage you may suffer as a result of the Platform being unavailable at any time for any reason or based on any defects, errors or malfunction of the Platform.

You confirm and undertake that you comply at all times with all applicable domestic and international laws, statutes, rules  and regulations applicable to your use of the Platform.

As a condition to accessing or using the Platform, you undertake:

1. to use the Platform only for lawful purposes and in accordance with these Terms;
2. to ensure that all information that you provide on the Platform is current, complete, and accurate;
3. to maintain the security and confidentiality of access to your cryptocurrency wallet address;
4. not to violate or breach any laws, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, capital market laws, rules and regulations and any relevant and applicable privacy and data collection laws;
5. not to infringe or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Platform;
6. not to misrepresent the truthfulness, sourcing or reliability of any content on the Platform;
7. not to use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any manner;
8. not to attempt to circumvent any content filtering techniques or security measures that are employed on the Platform, or attempt to access any service or area of the Platform that you are not authorized to access;
9. not to use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Platform to extract data;
10. not to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Platform;
11. not to post content or communications on the Platform that are libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
12. not to post content on the Platform containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Platform; or
13. not to encourage or induce any third party to engage in any of the activities prohibited under these Terms.

You agree and acknowledge that the Platform and your use of the Platform contain risks, including without limitation the following:

1. At any time and outside of our influence whatsoever, your access to your cryptocurrency assets in your wallets may be suspended or terminated for whatever reason or there may be a delay in your access or use of your cryptocurrency assets which may result in the cryptocurrency assets diminishing in value or you being unable to use a smart contract;
2. If you are a token minter and if your collateral declines such that your collateral is no longer sufficient to secure your obligations in relation to the minted tokens, other users may seize your collateral to close out your obligations; and
3. The Platform may be suspended or terminated for any reason whatsoever, which may limit your access to your cryptocurrency assets.

As a result, you expressly agree and confirm that:

1. You assume all risks in connection with your access and use of the Platform, its features and functionalities including all relevant smart contracts;
2. That the interaction with any smart contract is entirely your own responsibility and liability, and that we are not party to any smart contract you interact with; and
3. You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Platform.

4.      Third-Party Links

The Platform may contain hyperlinks or references to third party websites and/or documents. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party website.

5.      Cookie Policy

When you use the Platform, we may collect information about your computer and your interaction with the Platform. See our Cookie Policy for more information.

6.      Intellectual Property Rights

Besides open-source software elements, we are the owner of all intellectual property rights in relation to the Platform (such as trademarks for example). These works are protected by applicable laws and all such rights are reserved.

https://youves.com/ is the uniform resource locator (‘URL’) of the Platform. You will not make use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.

You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorised use or reproduction may be prosecuted.

You will retain ownership of all copyright in data you upload or submit to the Platform.

7.      Disclaimers

We do not represent, warrant or guarantee that the Platform is secure, free from defects, malfunctioning, bugs or viruses.

You are responsible for configuring your own hard and software information technology in order to access the Platform. You should use your own virus protection software.

The content and material available on the Platform do not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and is not intended to be relied upon by you in making any specific investment or other decision.

8.      General

If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Platform is not available for you to use for any reason whatsoever.

The exclusive place of jurisdiction in relation to the Terms is Zug, Switzerland. The applicable law is Swiss law.

9.      About Us

Ubinetic AG is a company incorporated in Zug, Switzerland with registered office and principal place of business at Dammstrasse 16, 6300 Zug, Switzerland.

10.   Contacting Us

Should you have any question about these Terms, or wish to contact us for any reason whatsoever, please do so by sending us an email at contact@youves.com