These general terms and conditions ("Terms") apply to the usage of the website available on https://www.myso.finance/ ("Website") including the frontend to the MYSO protocol (together the "Services") operated by the not-for profit association MYSO Finance (the "Association"). Your ("User"or "you") use of the Services constitutes consent to theseTerms, each time you use the Services.
THE MYSO PROTOCOL IS NOT OFFERED, CONTROLLED, OR OPERATED BY THE ASSOCIATION, AND THESE TERMS DO NOT GOVERN YOUR ACCESS AND USE OF THE MYSO PROTOCOL, WHICH YOU DO SO ENTIRELY AT YOUR OWN RISK. PLEASE REFER TO THE MYSO PROTOCOL DISCLAIMER.
By accessing or using the Services, you represent and warrant that you do not reside in, are not located in, are not a citizen of, are not incorporated in, do not have registered office in, or are not in any other way subject to the jurisdiction of a Restricted Jurisdiction (as defined in section 3 and including, but not limited to, the UNITED STATES OF AMERICA, THE UNITED KINGDOM, BELARUS, BURUNDI, BURMA (MYANMAR), CENTRAL AFRICAN REPUBLIC, CONGO, DEMOCRATIC REP., DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (DPRK), GUINEA, GUINEA BISSAU, HAITI, IRAN, IRAQ, JEMEN, LEBANON, LIBYA, MALI, NICARAGUA, SOMALIA, SUDAN, REPUBLIC OF SOUTH SUDAN, SYRIA, VENEZUELA, AND ZIMBABWE).
IF YOU DO NOT AGREE TO THESE TERMS WITHOUT LIMITATION OR EXCLUSION OR TO ANY CHANGES TO THESE TERMS, YOU MUST IMMEDIATELY EXIT THE WEBSITE AND STOP ACCESSING OR USING THE SERVICES.
The Association's services are strictlylimited to the following:
You may access or use the Services only for lawful purposes and in accordance with these Terms. You specifically agree to not use the Services:
Additionally, you agree not to:
The access and use of the Services is strictly prohibited for Users who reside in, are located in, are a citizen of, are incorporated in, have registered office in, or are in any other way subject tothe jurisdiction of (i) the United States of America, (ii) the United Kingdom,(iii) a country or territory (together, "Sanctioned Countries") that is currently the subject of any sanctions or trade embargos administered or imposed by (1) Switzerland, (2) the United Nations Security Council, (3) the European Union or any member state ofthe European Union, (4) U.S. authorities, in particular OFAC and the U.S. Department of State, (5) the country of residence of the User, or (6) other economic sanctions or trade embargos issued by another authority having jurisdiction over the User or his/her/its assets, (iv) a jurisdiction identified by the Financial Action Task Force ("FATF") for strategic AML/CFT deficiencies and included in FATF’s listing High-Risk Jurisdictions, (v) a jurisdiction (including, but not limited to, the Sanctioned Countries) in which the use of the Services is prohibited, restricted or unauthorised in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction ((i) to (v) together the "Prohibited Jurisdictions"). THE PROHIBITED JURISDICTIONS INCLUDE, BUT ARE NOT LIMITED TO, THE UNITED STATES OF AMERICA, THE UNITED KINGDOM, BELARUS, BURUNDI, BURMA (MYANMAR), CENTRAL AFRICAN REPUBLIC, CONGO, DEMOCRATIC REP., DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (DPRK),GUINEA, GUINEA BISSAU, HAITI, IRAN, IRAQ, JEMEN, LEBANON, LIBYA, MALI, NICARAGUA, SOMALIA, SUDAN, REPUBLIC OF SOUTH SUDAN, SYRIA, VENEZUELA AND ZIMBABWE.
You agree to indemnify and hold the Association harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party dueto or arising out of (i) any breach of these Terms or any law or regulation by you, your affiliates, your employees or any other persons acting your behalf; (ii) any breach of your representations and warranties set forth in theseTerms, or (iii) your violation of the rights of a third party.
The User acknowledges and agrees that the MYSO Protocol is an open-source project to which the Association has contributed ,but is in no way responsible for. Upgrades and modifications to the MYSO Protocol may be managed in a community-driven way. No developer, entity, any of its representatives or directors or any other persons involved in any way with the MYSOProtocol are liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the MYSO Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, oranything else of value.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ASSOCIATION IS NOT LIABLE TO ANY USER FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF THE DIGITAL ASSETS OR TOKENS, ALLOCATION OR NON-ALLOCATION OF FEES, LOSS OF DATA, BUSINESS INTERRUPTION, DATA BEING RENDERED INACCURATE OR OTHER LOSSES SUSTAINED BY A USER OR THIRD-PARTIES RELATED TO THE SERVICES AND/OR ANY ACTIVITY RELATED TO ANY DAPP OR A FAILURE OF THE SERVICES TO OPERATE WITH ANY OTHER SOFTWARE). The Association will not be held liable for the inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that the User is hoping to achieve.
You expressly understand and agree that you use the Services at your own risk. THE ASSOCIATION MAKES NO AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, WHETHER PROPRIETARY OR OPEN SOURCE. THE ASSOCIATION SPECIFICALLY DOES NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE ABSENCE OF ANY DEFECTS IN THE SERVICES. THE ASSOCIATION DOESNOT REPRESENT OR WARRANT THAT THE SERVICES AND ANY RELATED INFORMATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, AND ANY SERVICES ARE PROVIDED STRICTLY 'AS IS' AND 'AS AVAILABLE'. THE ASSOCIATION FURTHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY THIRD-PARTY TECHNOLOGY, INCLUDING ALL BLOCKCHAIN INFRASTRUCTURES AND DAPPS, WHICH MAY BEUSED BY THE USER IN CONNECTION WITH THE USE OF THE SERVICES (E.G., THIRD-PARTY WALLET SOFTWARE).
The MYSO Protocol is a DeFi application, and any third-party can easily integrate the MYSO Protocol into its own protocol, application, services, or similar. Any reference to such integrationis made for informational purposes only. The Association is not involved in,does not control, support, endorse, audit, or monitor any such third-party integration.
THE ASSOCIATION FURTHERMORE DOES NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, THAT THE SERVICES WILL REMAIN AVAILABLE IN ANYJURISDICTION WHERE THEY ARE CURRENTLY AVAILABLE AND DO NOT REPRESENT AND WARRANT THAT THE ASSOCIATION CAN GUARANTEE THE LEGALITY OF THE SERVICES IN ANY SPECIFIC JURISDICTION.
The Services may only be used by personsthat are at least the age of majority in your jurisdiction (and in any case at least eighteen years old) and have the full right, power, and authority to enter into and comply with these Terms on behalf of themselves and any company or legal entity for which you may access or use the Services.
You represent that your access and use ofthe Services will fully comply with all applicable laws and regulations, and that you will not access or use the Services to conduct, promote, or otherwisefacilitate any illegal activity.
You represent that you have had the opportunityto be advised by professionals in relation to these Terms and that you havefully understood all legal, tax, and other implications and that you assumefull and sole responsibility regarding any actions contemplated in connection with the Services.
All rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks,designs, domain names, know-how, trade secrets, data and other intangible property rights remain vested in the Association.
Notwithstanding the above, you understand and acknowledge that certain aspects or parts of the Services may be published under an open-source license or may use, incorporate, contain or link to components under an open-source license. In such case, your use of the Servicesis subject to, and you will comply, with any such applicable open-source license(s).
These Terms and your use of the Services arenot intended to create any fiduciary duties between the Association and you or any third party. The Association never takes possession, custody, control, ownership, or management of any crypto-assets or other property transmitted by you. To the fullest extent permissible under applicable law, you agree that neither your use of the Services causes the Association or any other person to owe fiduciary duties or liabilities to you or any third-party. Further, you acknowledg eand agree to the fullest extent such duties or liabilities are afforded by applicable law, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that the Association and any other third-party willbe held completely harmless in relation thereof.
Entire Agreement: These Terms, including any additional documents that are incorporated by into these Terms by reference (if any),constitute the entire agreement relating to your use of the Services. General terms and conditions of the User are excluded.
Changes to Terms: The Association may, from time to time,change these Terms in its sole discretion and without any prior announcement. The Terms at the time of use of Services apply.
No Assignment: The User may not assign any of its rights, obligations, or claims under the Terms without the previous written and express consent of the Association.
Severability: If any provision of the Terms (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remainin full force and effect.
Governing Law & Jurisdiction: These Terms, and all claimsor causes of action that may be based upon, arise out of or relate to theseTerms shall be governed by and construed in accordance with substantive Swiss law, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary courts at the seat of the Association have jurisdiction for alldisputes arising from or in connection with the Terms.
Classaction and jury trial waiver: You must bring any and all disputes against us in your individual capacity and not as a plaintiffin or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trialby jury.