v3 Beta

SimulateEarnMy Positions

MYSO General Terms and Conditions

Version 2.0 - 24. April 2024

1. Scope

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 these Terms 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.

2. Services

The Association's services are strictly limited to the following:

  • Informational Content: The Website provides informational content and documentation regarding the functionalities and use cases of the MYSO Protocol. You understand and acknowledge that any content, in particular any references to the MYSO Protocol or accompanying documentation published on the Website is of a purely informational nature. In particular, none of the content of the Website is to be understood as any kind of professional or non-professional advice, including but not limited to financial, investment, legal, or tax advice by the Association or any third-party. The Association does not warrant the completeness, actuality, accuracy, and suitability for any specific purpose of the content of the Website.
  • MYSO Frontend: The Website provides an interface ("MYSO Frontend") for the facilitated interaction with the decentralized smart contract system referred to as MYSO protocol (the "MYSO Protocol"). You understand and acknowledge that:
    • The MYSO Frontend is an off-chain interface that facilitates your interaction with the MYSO Protocol, whereby the functionalities of the MYSO Frontend are limited to visualizing information obtained from the MYSO Protocol and propose interactions based entirely on the User's own inputs. Users interact by connecting a compatible address (through the use of third-party software such as so-called wallets) and signing interactions displayed on the interface.
    • The MYSO Protocol is entirely separate to the MYSO Frontend and, as the MYSO Frontend is a mere off-chain component, remains unaffected from any changes to the MYSO Frontend. By controlling the MYSO Frontend, the Association does not exercise any control whatsoever over any functionalities of the MYSO Protocol.
    • Your use of the MYSO Protocol is without any sort of remuneration, fees or similar to the Association. The Association does not intend to construe or enter into any sort of (permanent) business relationship with you relating to your use of the MYSO Frontend.
    • Your use of the MYSO Frontend to access the MYSO Protocol is entirely optional, any you may use the MYSO Protocol in other ways such as using any third-party interface and/or by directly accessing the functions of the MYSO Protocol.
    • The source code to the MYSO Protocol and the MYSO Frontend is published open-source and any interested third-party may, subject to the respective terms, spin up a frontend to the MYSO Protocol.
  • Other Services: Any other services in connection with the MYSO ecosystem, as may be offered by the Association from time to time. For the avoidance of doubt, it is reiterated that the MYSO Protocol is not offered, controlled or operated and does hence not constitute a service offered by the Association.

3. Prohibited Use & Prohibited Jurisdictions

3.1. Prohibited use

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:

  • In any way that violates, or could (assist in) violate (violating), any applicable domestic, foreign, or international law, statute, ordinance, or regulation, or any sanctions programs administered in any relevant country or in any way which would involve proceeds of any unlawful activity;
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by e.g., exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate the Association, a specific individual MYSO project contributor, another user, or any other person or entity.
  • To cause the Services, or any of the MYSO Protocol, to work other than as intended.
  • To take any action that may be reasonably construed as fraud, deceit, or manipulation.
  • To damage the reputation of the Association or the MYSO Protocol.

Additionally, you agree not to:

  • Circumnavigate, by any means, any restriction we may have implemented to prohibit impermissible access to citizens and residents of, or participants physically located in, any Prohibited Jurisdiction.
  • Be likely to deceive or defraud, or attempt to deceive or defraud, any person, including (without limitation) providing any false, inaccurate, or misleading information (whether directly through the Services or through an external means such as through any frontend) with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the role of the Association, the content on the Website or the Services or on the functionalities of MYSO Protocol.
  • Give the wrong impression that any services, offerings, or functionalities other than the Services as outlined in provision 2 are offered, provided, or otherwise endorsed by the Association.
  • Use the Services to manipulate or defraud any blockchain network, technology, or protocol, or the users thereof.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
  • Use the Website in any manner or with the use of any tool, device, or software that could disable, overburden, damage, impair, or interfere with any other person's use of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website, the Services, the participants, any underlying blockchain, or any of the Service’s related utilities or functionalities.
  • Encourage or induce any third-party to engage in any of the activities prohibited under these Terms.
  • Otherwise interfere with or attempt to interfere with the proper working of the Website or the Services in any way.

3.2. Prohibited Jurisdictions

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 to the 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 of the 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.

4. Liability & indemnity

4.1 Liability

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.

4.2 Indemnity

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 due to 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 these Terms, 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 MYSO Protocol 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, or anything else of value.

5. No Representations or Warranties by the Association

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 DOES NOT 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 BE USED 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 integration is 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 ANY JURISDICTION 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.

6. Representations by Users

The Services may only be used by persons that 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 of the Services will fully comply with all applicable laws and regulations, and that you will not access or use the Services to conduct, promote, or otherwise facilitate any illegal activity.

You represent that you have had the opportunity to be advised by professionals in relation to these Terms and that you have fully understood all legal, tax, and other implications and that you assume full and sole responsibility regarding any actions contemplated in connection with the Services.

7. Intellectual Property

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 Services is subject to, and you will comply, with any such applicable open-source license(s).

8. No fiduciary duties

These Terms and your use of the Services are not 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 acknowledge and 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 will be held completely harmless in relation thereof.

9. Miscellaneous

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 remain in full force and effect.

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms 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 all disputes arising from or in connection with the Terms.

Class action and jury trial waiver: You must bring any and all disputes against us in your individual capacity and not as a plaintiff in 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 trial by jury.

© 2024 MYSO. All rights reserved.