Terms & Conditions – VayuTrade

Welcome to the VayuTrade website and application, operated and managed by Team VayuTrade. Users may access and use http://www.vayu.trade and the app.Vayu.trade (collectively, the “Interface“) in accordance with the following Terms & Conditions (“Terms”). The Interface is offered to you conditioned on your acceptance without modification of the following Terms and notices contained herein. Your use of our Interface constitutes your agreement to all such Terms.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

IN USING THE INTERFACE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE INTERFACE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THE INTERFACE, AND/OR UNDERTAKING TO USE THE SERVICES/FEATURES ON THE INTERFACE INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE OF THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

Acceptance of the Terms & Conditions

You (“User“) and VayuTrade (“Company“, “we” or “us“) are parties to these Terms. The following Terms along with any documents expressly incorporated by reference, regulate how Users may access and use the Interface, including all information, features, subpages, and services. The Interface gives users access to the VayuTrade Protocol, which enables a novel method for peer-to-pool Digital-asset liquidity provision (“Protocol“), as well as the ability for Users to interact with the Protocol in a variety of ways using emerging technology.
Before initiating to use of the Interface, the User must carefully read the Terms. The User accepts and agrees to be bound and abide by these Terms and our Privacy Policy available at [∙], which are incorporated herein by reference, by using the Interface or by clicking to accept or agree to the Terms & Condition when this option is made available to the User.
THE USER MUST NOT ACCESS OR USE THE INTERFACE IF THEY DO NOT WISH TO ACCEPT THE TERMS, THE PRIVACY POLICY, OR ANY OTHER RELEVANT DOCUMENTS THAT ARE INCORPORATED HEREIN BY REFERENCE.
IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS SPECIFIED ON THE INTERFACE OR ANY AGREEMENT BETWEEN THE USER AND THE COMPANY WITH RESPECT TO SERVICES ON THE INTERFACE, THE SPECIFIC ADDITIONAL TERMS PROVIDED ON THE INTERFACE OR UNDER THE AGREEMENT WILL BE APPLICABLE, UNLESS OTHERWISE SPECIFIED.
This Interface is provided and accessible to Users who are at least 18 years old. By using this Interface, the User represents and warrants that he or she is at least eighteen (18) years old and meets all of the aforementioned eligibility requirements. The User must not access or utilise the Interface if they do not meet all of these requirements.
User and Company agree to act in good faith with regard to each other’s rights and to do all reasonable things required or desirable to give effect to the spirit and intent of this Agreement.

Modifications/Updation to the Terms & Conditions

We reserve the right to revise and update the Terms at any time. All modifications are effective immediately upon posting and apply to all subsequent access to and use of the Interface. Nevertheless, any modifications to the dispute resolution provisions outlined in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the modification is posted on the Interface.
The User’s continued use of the Interface after the posting of revised Terms indicates acceptance and agreement with the modifications. The User is obligated to review this page each time it accesses this Interface in order to remain informed of any modifications.
Notwithstanding the foregoing, we will seek your approval for future changes to the Terms if required to do so by law.

Electronic Transmission

We may be required or elect to provide the User with certain communications in writing. By accepting the Terms, the User consents to receive these communications electronically, such as via e-mail or other electronic messages.
User agrees that all terms, conditions, disclosures, and agreements provided electronically by the Company satisfy any legal requirement that such communications would satisfy if provided in writing. User waives all rights to require an original, wet, non-electronic signature unless prohibited by applicable law.

Registration

If you choose to make an account on the Interface, then you must register for an account with us (an “Account”) and provide certain information such as name, email address, address, contact number and password.
You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your Account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Account access credentials on the Interface. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
When creating an Account, don’t:

Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
Use a username that is the name of another person with the intent to impersonate that person;
Use a username that is subject to rights of another person without appropriate authorization; or
Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at [∙].
You may not transfer or sell your Interface account and User ID to another party.
Our services are not available to temporarily or indefinitely suspended Accounts. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.

Accessing the Services/Products
1. We reserve the right, at our sole discretion, to withdraw or modify this Interface and any service or content we provide on this Interface at any time and without notice.
2. We are not liable if, for any reason, the Interface is unavailable at any time or for any length of time. On occasion, we may restrict access to certain portions of the Interface or the entire Interface to the Users.
3. The User is accountable for both:

Making all necessary arrangements for the User’s access to the Interface.
Ensuring that all individuals who access the Interface via the User’s Internet connection are aware of and comply with these Terms & Conditions.

The User may be required to utilise certain Web3 capabilities, such as MetaMask or another Digital-asset wallet capable of interacting with the User’s web browser (“Web3 Utilities”), in order to access the Interface or some of its resources. It is a condition of the User’s use of the Interface that all information only operates such as Web3 Utilities with a private key(s) that the User created or has the explicit permission of the party that created the relevant private key (s).
The User agrees that our Privacy Policy governs all information it provides to interact with the Interface or otherwise, including, but not limited to, through the use of any interactive features on the Interface, and the User consents to all actions we take with respect to the User’s information in accordance with our Privacy Policy.
If the User uses a Web3 Utility that relies on a username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential and may not disclose it to any third party. The User also acknowledges that any identity associated with its Web3 Utility is unique to the User and agrees not to provide access to such an identity to any third party while using this Interface or portions of it with its Web3 Utility. The User also agrees to lock or otherwise prevent unauthorised use of its Web3 Utility on this Interface at the conclusion of each session.
When accessing the Interface from a public or shared computer, the User must take special precautions to prevent others from viewing or recording their password, private key, or other sensitive information.
We reserve the right, in our sole discretion, to disable any identity associated with a Web3 Utility (such as a public address) on the Interface or to block any IP address from accessing the Interface at any time for any or no reason, including if, in our opinion, the User or that identity has violated any provision of these Terms.
You will use the services provided by the Company, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Interface and transacting on the Interface.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Interface without prior intimation whatsoever.
YOU ARE ACCESSING THE SERVICES AVAILABLE ON THE INTERFACE AND TRANSACTING AT YOUR SOLE RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTION THROUGH THIS INTERFACE.
It is possible that other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Interface and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Interface, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Interface you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Interface. Please carefully select the type of information that you publicly disclose or share with others on the Interface.

Protecting Intellectual Property

The Interface and its entire material/content, functionality and features (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) is the property of the Company, its licensors, or other providers of such material and are protected by relevant regulators and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Users are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Interface for personal use, subject to the terms of the Terms & Conditions until such time as the Terms & Conditions terminate or expire or the User’s right to use or access the Interface is terminated.
The User is prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any content from our Interface, with the exception of the following:

The User’s computer may temporarily store copies of these materials in RAM in order to access and view them.
The User can store files that are automatically cached by the User’s web browser in order to improve the display.
The User may print or download one copy of a reasonable number of Interface pages for his or her own personal, noncommercial use, but not for further reproduction, publication, or distribution.

If we offer desktop, mobile, or other applications for download, the User may download a single copy to his or her computer or mobile device if he or she agrees to be bound by our end user license agreement or any other similar agreement applicable to such applications.
User should not:

Modify any copies of this Interface’s materials.
Use any illustrations, photographs, video or audio sequences, or graphic elements independently from the accompanying text.
Delete or modify any notices of copyright, trademark, or other proprietary rights from copies of content from this Interface.
If the User wishes to make any other use of the Interface’s content than that specified in this section, it must send an email to info@vayu.trade.
If the User prints, copies, modifies, downloads, or otherwise uses or provides access to any portion of the Interface in violation of the Terms, the User’s right to access the Interface will terminate immediately, and the User must return or destroy any copies of the materials the User has made, at our discretion. The User acquires no right, title, or interest in or to the Interface or any content on the Interface, and the Company reserves all rights not expressly granted.
Any use of the Interface that is not expressly permitted by the Terms constitutes a violation of these Terms and may be in violation of copyright, trademark, and other laws.

Trademarks

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. User may not use such marks without the prior written consent of the Company; provided, however, User is hereby granted permission and license to use the terms “Vayu” and “VayuTrade” and any related names (excluding the Company name), logos (excluding the Company logo), product and service names, designs, and slogans in any manner they see fit so long as such usage is not done in a manner that (1) is deceptive, fraudulent, or manipulative, (2) implies any relationship between the User and the Company, (3) (for example, you may not use the foregoing marks to execute phishing attacks, spear phishing attacks, social engineering, or in any way that may cause a party to transmit Digital-assets to an unintended recipient or to reveal private information, like a private key or password). On the Interface, all other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

Restricted Uses
1. Access to or use of the Interface is restricted to lawful purposes and in accordance with the Terms. The User agrees not to use or access the Interface in the following ways:

In contravention of any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UAE or other countries).
By exposing minors to inappropriate content, requesting personally identifiable information, or otherwise, with the intent to exploit, harm, or attempt to exploit or harm minors.
To transmit or procure the transmission of any advertising or promotional materials, including junk mail, chain letters, spam, or other solicitations of a similar nature.
Impersonating or attempting to impersonate the Company, an employee of the Company, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelt URLs, or blockchain identities associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Interface, or that, as determined by us, may cause damage to the Company or Participants, or expose them to liability.
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or guidelines.

In addition, the User agrees to refrain from:

Being likely to deceive or defraud any individual, including (but not limited to) providing any false, inaccurate, or misleading information with the intent to illegally obtain the property of another.
Advocate, promote, or aid any illegal act or illegal activity.
Inflict annoyance, inconvenience, or unnecessary anxiety, or be likely to upset, embarrass, alarm, or annoy another individual.
Impersonate a person or organization, or misrepresent the User’s identity or affiliation with a person or organization.
Engage in any activity or behavior that violates any applicable law, rule, or regulation regarding the integrity of trading markets or the Protocol, or otherwise harms the integrity of trading markets or the Protocol, including (but not limited to) spoofing, pump-and-dump schemes, and wash trading.
Do not imply that they originate from or are endorsed by us or any other individual or organisation if this is not the case.
Use the Interface to execute any transaction that may be considered a securities transaction or otherwise requires registration with the Securities and Exchange Commission (“SEC”), or any other federal or state regulator or agency or self-regulatory organization.
Interfere with any party’s use of the Interface, including their ability to engage in real time activities through the Interface, by utilising it in a manner that could disable, overburden, damage, or impair it.
Utilize any robot, spider, or other automatic devices, processes, or means to access the Interface for any purpose, including monitoring or copying any of its content.
Without our prior written consent, you may not use any manual process to monitor or copy any of the content on the Interface, or for any other purpose not expressly permitted in these Terms.
Utilize any device, software, or procedure that interferes with the Interface’s operation.
Introduce any viruses, malware, trojan horses, worms, logic bombs, malicious code, or other technologically damaging content.
Try to gain unauthorised access to, interfere with, damage, or otherwise disrupt any portion of the Interface, the server on which the Interface is stored, or any server, computer, or database connected to the Interface, including any underlying blockchain.
Violate the legal rights (including the rights to publicity and privacy) of others or contain any content that could give rise to civil or criminal liability under applicable laws or regulations, or that is otherwise in conflict with these Terms and our Privacy Policy.
Employ a denial-of-service or distributed denial-of-service attack against the Interface.
Otherwise, attempt to interfere with the Interface’s operation.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and User Accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep Users from using our Interface, services, applications, or tools, if we think that they are creating possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site or services.

Control, Enforceability & Termination

We are permitted to

Take appropriate legal action, including referral to law enforcement, for any unauthorised or illegal use of the Interface.
Suspend or terminate a User’s access to all or part of the Interface for any or no reason, including, but not limited to, any violation of these Terms.
Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of or visitor to the Interface.
THE USER WAIVES ITS RIGHT TO HOLD THE COMPANY AND ITS AFFILIATES, LICENSEES, AGENTS, AND SERVICE PROVIDERS LIABLE AND FREE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS OR THEIR INVESTIGATIONS.

However, we are unable to review interactions or activities before they are executed through the Interface, and due to the nature of blockchain and smart contract activity, we cannot guarantee the prompt removal or correction of objectionable interactions or activities after they have been executed. Consequently, we assume no liability for any transmissions, communications, transactions, blockchain operations, or content provided by any Participant or third party. We have no liability or responsibility for the performance or nonperformance of the activities outlined in this section, nor for any harm or damages caused by the interactions of third parties with any blockchain underlying the Interface.

Reliance on Posted Information
1. The information displayed on or through the Interface is provided for informational purposes only. This information is not guaranteed for accuracy, completeness, or usefulness. Users should not take or refrain from taking any action based on any information on the Interface or any other available information, including but not limited to community calls, social media posts, articles, links to third-party content, Discord/Telegram communications, or tutorials.
2. All communications from the Company’s ecosystem’s contributors to the community are independent of the Company, and we have no control over their actions or omissions. Any reliance the User places on such information is strictly at the User’s own risk, and as is typical in the blockchain space, the User assumes a high level of risk related to others or technical harms when utilising the Interface. We disclaim all liability and responsibility arising from any dependency placed on such materials by the User or any other visitor to the Interface, by anyone who may be informed of any of its contents, or by the actions (or omissions) of others interacting with any blockchain underlying the Interface.
3. This Interface may contain content supplied by third parties, such as content supplied by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, as well as all articles, responses to questions, and other content, other than that which is provided by the Company, are those of the respective author(s) and are their sole responsibility. These materials do not necessarily represent the ’Company’s viewpoint. We are not responsible or liable to the User or any third party for the accuracy or completeness of any third-party materials.

Modifications to the Interface

We may periodically update the content on, design of, or functionalities accessible through this Interface, but the Interface is not necessarily comprehensive or current. Any content on the Interface may become obsolete at any time, and we have no obligation to update such content.

Information Regarding the User and the User’s Interface Visits

Our Privacy Policy applies to any and all personal data collected via this Interface. By using the Interface, the User consents to all actions taken by us in accordance with the Privacy Policy regarding the User’s information.

No Professional Counsel

All content and information displayed or provided by the Interface is for informational purposes only and should not be construed as professional advice. The User should not take or refrain from taking any action based on any content or information displayed or provided on the Interface. Before making any financial, legal, or other decisions involving the Interface, the User should seek independent professional advice from a licensed and qualified expert in the applicable field. The User acknowledges and agrees that, to the maximum extent permitted by law, he or she has not relied on the Company or any other Participant for any professional advice relating to the User’s use of the Interface or interactions with the Protocol.

Warranty and Disclaimer
1. The User acknowledges that we cannot guarantee or warrant that files available for download from the Internet or the Interface are free of viruses or other destructive code and that we make no such representations or warranties. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for (1) an acceptable Web3 Utility, (2) anti-virus protection and the accuracy of data input and output, and (3) maintaining a means external to our site for the reconstruction of any lost data.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY THE USE OF THE INTERFACE, ITS CONTENT, AND ANY OF ITS SERVICES IS AT THE USER’S SOLE RISK. THE INTERFACE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING OR THROUGH THE INTERFACE.
3. Nothing in the foregoing affects warranties that cannot be excluded or limited pursuant to applicable law.

Termination

We may, at any time and without notice, suspend, cancel, or terminate your right to use the Interface (or any portion of the Interface). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Interface affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Interface and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to our Interface:

if we determine that you have breached, or are acting in breach of, this Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
to manage any risk of loss to us, a User, or any other person; or
For other similar reasons.
If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.

Disclaimer and Limitation Of Liability

The INTERFACE IS PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES AND ON AN “AS IS” CONDITION. YOU AGREE TO BEAR THE RISKS ASSOCIATED WITH THE USE OF THE INTERFACE.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD NONE OF THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:

YOUR USE OF OR YOUR INABILITY TO USE OUR INTERFACE AND TOOLS;
DELAYS OR DISRUPTIONS IN OUR INTERFACE OR TOOLS;
VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR INTERFACE OR TOOLS OR ANY SITE, SERVICES, OR TOOL LINKED TO OUR INTERFACE OR TOOLS;
GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR INTERFACE AND TOOLS OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM;
A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT;

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR COMPANY ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE INTERFACE, ITS SERVICES OR THE TERMS. OUR INTERFACE, ITS ASSOCIATES AND TECHNOLOGY PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE INTERFACE OR THAT THE OPERATION OF THE INTERFACE WILL BE ERROR FREE AND/OR UNINTERRUPTED. CONSEQUENTLY, OUR INTERFACE ASSUMES NO LIABILITY WHATSOEVER FOR ANY MONETARY OR OTHER DAMAGE SUFFERED BY YOU ON ACCOUNT OF THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE INTERFACE; AND/OR ANY INTERRUPTION OR ERRORS IN THE OPERATION OF THE INTERFACE.
OUR INTERFACE PERIODICALLY SCHEDULES SYSTEM DOWNTIME FOR MAINTENANCE AND OTHER PURPOSES. UNPLANNED SYSTEM OUTAGES ALSO MAY OCCUR. YOU AGREE THAT WE HAVE NO RESPONSIBILITY AND ARE NOT LIABLE FOR: (A) THE UNAVAILABILITY OF THE INTERFACE; (B) ANY LOSS OF DATA, INFORMATION OR MATERIALS CAUSED BY SUCH SYSTEM OUTAGES; (C) THE RESULTANT DELAY, MIS-DELIVERY OR NON-DELIVERY OF DATA, INFORMATION OR MATERIALS CAUSED BY SUCH SYSTEM OUTAGES; OR (D) ANY OUTAGES CAUSED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY COMPANIES OR SERVERS HOSTING THE INTERFACE, ANY INTERNET SERVICE PROVIDERS OR OTHERWISE.
WE ARE NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN THE USERS. WE SHALL NOT BE PARTY TO ANY DISPUTES BETWEEN THE PARTIES OR SHALL BE REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN CLIENT AND EXPERT. YOU HEREBY RELEASE US AND OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES BETWEEN THE USERS. YOU AGREE TO HOLD THE COMPANY HARMLESS AGAINST ANY SUCH DISPUTE OR CLAIMS AND SHALL INDEMNIFY THE COMPANY AGAINST ANY COSTS AND EXPENSES INCURRED BY THE COMPANY DUE TO SUCH DISPUTES BETWEEN THE USERS.

Characteristics of Blockchain; Risk Assumption & Waiver of Claims

Blockchains and smart contracts are still nascent technologies with a high level of foreseen and unforeseen security, financial, technical, political, social, and personal safety risks. Accessing and interacting with blockchains and smart contracts requires a high level of skill and knowledge in order to operate with a reasonable level of safety and competence. Numerous factors, including (but not limited to) use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application, contribute to the high volatility of digital-assets. In addition, the speed and cost of transactions involving emerging technologies (such as blockchains) are highly variable and highly volatile. Furthermore, due to the transparent nature of many blockchains, the User’s interactions with the Protocol may be publicly visible and readable in human language.
By accessing and utilising the Interface, the User acknowledges and agrees to the foregoing and represents that it is aware of these and other risks associated with blockchains and the Protocol. The User further represents that it has sufficient knowledge to work with blockchains, digital assets, Web3 Utilities, smart contracts, and the Protocol, and is aware of all foreseeable and possible unforeseeable risks associated with blockchains, digital assets, asset mining, Web3 Utilities, and smart contracts. The User further acknowledges that any digital assets the User places or uses within the Protocol may rapidly increase or decrease in value, be obtained by third parties, or otherwise be lost in ways the User cannot or cannot foresee (possibly to the User’s severe detriment or disadvantage). The User acknowledges that we are not responsible for any of these (or related) risks, do not own or control the Protocol, and cannot be held liable for any resulting harms, damages, or losses the User incurs while accessing or using the Interface.
Consequently, the User acknowledges the foregoing, confirms its understanding of the foregoing and agrees to assume full responsibility for all risks associated with accessing and utilising the Interface and interacting with the Protocol, whether or not they are specifically mentioned in this section. The User expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or relating in any way to the User’s use of the Interface and the User’s interaction with the Protocol.

No Fiduciary Obligations

The intent of these Terms and the provision of the Interface is not to create any fiduciary obligations between us and the User or any third party.
To the maximum extent permitted by law, the User agrees that neither their use of the Interface nor the Protocol imposes fiduciary duties or liabilities on us or any participant owed to the User or any third party.
The User acknowledges and agrees that to the fullest extent such duties or liabilities are afforded by law or by equity, such duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other participant shall be completely held harmless in relation thereto. The User agrees further that the only duties and obligations that we or any participant owes the User, and the only rights that the User has in relation to this agreement or the User’s use of the Interface or the Protocol, are those expressly set forth in this agreement.

Specific Provisions for Certain Types of Participants

When interacting with the Protocol, the Interface and Protocol enable Participants to serve in particular capacities or execute particular functionalities. In order to serve in some of these capacities or otherwise utilise these functionalities, the User may be required to enter into additional agreements or documents, which are incorporated by reference herein.
The following are the types of Protocol capacities or functionalities available to Participants, as well as the provisions and restrictions applicable to Participants serving in such capacities or performing such functionalities, via the Interface, and the User expressly agrees to be bound by any such applicable provisions and restrictions if it serves in any such capacity and/or performs any such functionality:

If the User represents a lender:

As a lender, the User is subject to a variety of dangers and disadvantages. It is possible that the actions or omissions of borrowers may harm the User’s position if it serves as a Lender, including the risk of digital-asset loss.
The loans made via the Interface are either undercollateralized or uncollateralized; consequently, the User may lose digital-assets in the event of a default. Even in the case of fully collateralized mining loans, the User may lose digital-assets in the event of a default due to the costs associated with liquidation, the fluctuation in the value of the underlying collateral, or other factors. In addition to the foregoing, the immediate availability of lender withdrawals is contingent upon the amount of assets in a liquidity pool at any given time. There may be times when there is insufficient cash to process withdrawals, in which case the User-lender must await borrower repayment, interest payments, or additional deposits before withdrawing funds.
The User acknowledges the foregoing, attests to its comprehension of the foregoing and agrees to assume full responsibility for all risks associated with its status as Lender (including, without limitation, the User’s use of the Interface to perform certain Lender functionalities), whether those risks are specifically mentioned in this paragraph or not.
In addition, and without limiting any other similar prohibition in this Agreement, the User agrees not to engage in any harmful or fraudulent activity related to its status as a lender, or to engage in any behavior related to its use of lender functionalities that is illegal or prohibited by any applicable law or regulation.
The User further agrees to (to the fullest extent permitted by law) waive any liability and hold harmless any pool delegate, Vayu asset holder, or any other Participant for any harms or damages not caused by the gross negligence, recklessness, or intentional misconduct of that party.
The User reaffirms his or her understanding that the User’s use of the Interface does not create or impose any fiduciary duties between the User and us or any other Participant.

If the User is a lender:

The User agrees to comply with the terms and conditions of the VayuTrade legal agreements and any loan is executed in connection with the Protocol (each of which is hereby incorporated by reference). The User agrees not to use or access the Interface in a manner that would violate these terms and provisions, including (but not limited to) manipulating the Interface in a manner that would permit it to borrow larger amounts or on different terms from any liquidity pool than those stipulated in these documents.

Interface Security

You are prohibited from violating or attempting to violate the security of the Interface, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Interface, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Interface or any activity being conducted on this Interface. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Interface other than the search engine and search agents available from us on this Interface.

Compliance

In some jurisdictions, the Interface may not be available, appropriate, or legal to use. By accessing or using the Interface, the User accepts sole and complete responsibility for compliance with all laws and regulations applicable to the User in any applicable jurisdiction. This includes tax liability; the User is solely responsible for any taxes or assessments claimed or imposed by any government authority or regulator in connection with the User’s use of the Interface.

Links in the User Interface

If the Interface contains links to third-party sites and resources, these links are provided solely for your convenience. This includes links found within advertisements, such as banner ads and sponsored links. We have no control over the content of these sites or resources and accept no liability for any loss or damage that may result from the User’s use of them. If the User decides to access any of the third-party websites linked to this Interface, they do so at their own risk and according to the terms and conditions of use for such websites.

Indemnification

You agree to defend, indemnify and hold harmless our Company/Interface, its affiliates and their respective employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Legal System and Jurisdiction

All matters relating to the Interface and these Terms, as well as any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Dubai, without regard to its choice-of-law or conflict-of-law provisions or rules.

Non-Applicability of Injunctive Relief

The User agrees that, to the fullest extent permitted by law, the User will not be permitted to obtain an injunction or other equitable relief of any kind, such as a court action that could halt the development or operation of the Interface.

Time Limitation for Filing Claims

Any cause of action or claim that the user may have arising from or relating to these Terms & Conditions or its use of the interface must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Notice

By using the Interface and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Interface.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the Interface, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:

For letters, the letter was properly addressed, stamped and placed in the post; and
For emails, the email was sent to the specified email address.

Waiver and Severability

No waiver by the Company of any provision of these Terms shall be construed as a further or continuing waiver of such provision or a waiver of any other provision, nor shall the Company’s failure to assert a right or provision under these Terms constitute a waiver of such right or provision.
If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Service will remain in full force and effect.

General

We may delegate the performance of any of our obligations and the exercise of any of the rights granted to us under these Terms. We may transfer and assign to any third party any or all of our rights and obligations under these Terms.
If any provision or portion of any provision of these Terms & Conditions are determined to be void, unenforceable, or invalid, it will be severed from these Terms & Conditions, provided that the severance has not fundamentally altered the nature of them.
No single or partial exercise or failure or delay by us in exercising any right, power, or remedy shall constitute a waiver by us, nor shall it impair or preclude our ability to exercise that or any other right, power, or remedy arising under these terms and conditions or otherwise.
If any court of competent jurisdiction determines that any of these provisions are illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
All disclaimers, indemnities, and exclusions in these Terms & Conditions shall survive termination and continue to apply during any suspension or period during which the Site is unavailable for your use for any reason.
These Terms & Conditions and the documents referred to in them constitute the entire agreement between the User and us with respect to the User’s use of the Interface, VayuTrade, and the services provided through the Interface and supersede any and all prior or contemporaneous representations, communications, representations, warranties or agreements (whether written or oral) made between you and us.
The laws of the relevant regulators govern these Terms, the documents referred to in them, and any non-contractual obligations arising out of or in connection with them.
The User shall irrevocably submit to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre over any claim or matter arising out of or relating to these Terms, and we irrevocably submit to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre in relation to the same.

VayuTrade holds the right to use the details for marketing/promotional activities shared by the user via any official channel. The data will not be shared with any other predefined third party for marketing/promotional purposes.
We reserve the right to recover the cost of services, collection charges and lawyers fees from persons using the Interface fraudulently. We reserve the right to initiate legal proceedings against persons for fraudulent use of the Interface and any other unlawful acts or acts or omissions in breach of these terms and conditions.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to: (a) acts of god; (b) natural disasters; (c) sabotage; (d) accident; (e) shortage of supplies, equipment, and materials; (f) civil unrest; (g) pandemics; (h) wars or civil unrest (i) electronic outages and (j) Computer hacking;

Concerns and Remarks

Vayu.Trade operates this interface.

Other feedback, comments, requests for technical support, and other communications concerning the Interface, team, protocol etc. should be sent to info@vayu.trade