Terms of Use
These Terms of Use ("Terms"), set out the general terms and conditions applicable to the services which we may provide to you (“You“).
For ease of reference, in these Terms, "Equalizer", "We" and "Us" refers to Equalizer Finance, the entity that operates the website https://equalizer.finance ("Website") and Equalizer specialized flash loan platform ("Platform"). For the avoidance of any doubt, in these Terms when references shall be made to the Platform, the respective references shall also include the Website (which acts as a front-end to the Equalizer protocol).
These Terms are applicable to You, in your capacity as a user of the Website and the front-end and also as a beneficiary of all services ("Services"), tools, and information made available on the Website.
Acceptance of the Terms
Please read these Terms carefully before using the Website and the Platform, to ensure that You understand each provision.
These Terms and any documents we refer to, including the General Risk Disclosure, form the agreement between You and Us. We refer to all these documents as the "Agreement". You expressly agree to the terms of the Agreement and we will also treat your access to and use of our Website and Services as acceptance of the terms of the Agreement.
You expressly agree to these Terms and You acknowledge that We will consider your access to and use of our Website, including our Services, as acceptance of these Terms and consequently of the Agreement. You are responsible for checking our Website periodically in order to review the current version of the Terms and of the General Risk Disclosure and to familiarise yourself with any changes to them.
These Terms apply to any person accessing the Website and by using the Website You agree to be bound by them. Privacy Policy and Cookie Policy shall be applicable to your use of the Website. In case that You don’t want to be bound by them, You should not access the Website.
Amendments to the Terms
We reserve the right, at our sole discretion, to make changes to these Terms and to indicate, on the Website the fact that changes/modifications/variations have occurred, this representing sufficient notice on this matter. Such changes shall be binding on users of the Website and shall take effect immediately upon posting.
You hereby agree to observe any changes, variations or modifications to our Terms and Your continued use of the Website shall constitute acceptance of any such changes, variations or modifications. There might be times when we don't tell you about a change to these Terms, for example, if a change does not disadvantage you. A copy of the most up to date version of these Terms is available on our Website.
Our Services
Equalizer is a secure and reliable Platform for flash loans. We provide access, through the Website, to a decentralized finance application (“DeFI Application”) on public blockchain/s, that allows lenders and borrowers of crypto-assets (“Crypto-Assets”) to transact using smart contracts (“Smart Contracts”).
Using the Platform shall require You to pay a fee.
You acknowledge and agree that Equalizer has no control over any transactions, the method of payment of any transactions, or any actual payments of transactions.
You must ensure that:
you have a sufficient balance of Crypto-Assets to complete any transaction on the Platform Protocol before initiating such transaction,
you have stored your Crypto-Assets in a compatible wallet address to the Platform Protocol to complete any transaction on the Platform Protocol.
We may modify, suspend or discontinue, temporarily or permanently, all or any part of our Services with or without notice. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software, the Platform, and/or the Services, including without limitation, the structure, specifications, 'look and feel', navigation, features and other elements of the software and/or the Services or any part thereof. You agree that we will not be liable to you or to any third party (for whom you may be acting) for any modification, suspension or discontinuance of all or any part of our Services.
Access to the Website and the Services
The access to the Website and the Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory.
We do not promise or guarantee that:
the Website and the Platform, or any content on it, will always be available or uninterrupted (from time to time, access may be interrupted, suspended or restricted, as indicated below or due to the fact that We are carrying out planned maintenance);
the Website is free of viruses or errors, its content is accurate, that it will be uninterrupted, or that defects will be corrected;
the Services will be available at all times;
access to our Website, any part of the Services, our Terms and other information provided by Us on the Website or any part of our Services will be continuous, uninterrupted, timely, or error-free or omissions-free.
We have the right to limit, at our sole discretion, the availability of the Website to any person, geographic area or jurisdiction and/or to prohibit Your access to and use of the Website, at any time.
We may suspend or disable Your access to the Website if We deem it reasonable to do so, including but not limited to the case that You breach these Terms.
We may remove or amend the content of the Website 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.
The access to the Website and the Platform may be interrupted, suspended or restricted, in certain cases, including but not limited to: a breach of these Terms by You, an error, unforeseen circumstances, planned maintenance.
We are not liable to you where you suffer a loss, cost, or expense as a result of:
the Website and the Platform is unavailable at any time for any reason;
any delay or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, any cyber-attack or any phishing, spoofing or other attacks;
any loss caused by theft, robbery, burglary or other criminal taking if a computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system is used to perform such acts;
any loss of any kind resulting from any communication failures, disruptions, errors, distortions or delays You may experience when using the Website, (including the Platform), regardless of how they are caused;
any lost profits or damages that are caused by or are connected to the unauthorised use of the Website (and Platform) or Services; and
any loss of any kind, from action taken in reliance on material or information, contained on the Platform or Website and/or on the blockchain systems.
As a condition to accessing or using the Website and the Platform, You:
will only use the Services and the Website for lawful purposes and in accordance with these Terms;
will ensure that all information that you provide on the Website is current, complete and accurate;
will maintain the security and confidentiality of access to your Crypto-Assets wallet;
shall comply with all applicable national and international laws, statutes, ordinances and regulations applicable to your use of the Website and Platform;
shall not breach any applicable legislation, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended;
shall not use the Website and the Platform for any purpose that is unlawful;
shall not export, re-export, or transfer, directly or indirectly, any Equalizer technology in violation of applicable export laws or regulations;
shall not infringe on or misappropriate any contract, intellectual property or other third-party rights, or commit a tort while using the Website and the Platform;
shall not misrepresent the truthfulness, sourcing or reliability of any content on the Website;
shall not use the Website and the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website or the Platform, or that could damage, disable, overburden, or impair the functioning of the Website or the Platform Protocol in any manner;
shall not attempt to circumvent any content-filtering techniques or security measures that Equalizer employs on the Website, or attempt to access any service or area of the Website that You are not authorized to access;
shall not use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Website to extract data;
introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Website.
Acknowledgements, representations and warranties
By using the Website and Platform, You acknowledge, represent and warrant that:
You are over 18 years old or the age of majority, required by your residence state, whichever is older, and You have the capacity to enter into this Agreement;
You are eligible to enter a legally online binding agreement with Us in accordance with the laws governing the jurisdiction applicable to You;
You are solely and completely responsible for Your own compliance with applicable legislation in Your jurisdiction;
You have all necessary consent and the authority to enter into this Agreement and /or use the Services;
if You are a body corporate, unincorporated association, trust or partnership You are validly existing in accordance with applicable legislation and have obtained all necessary consent and authorisations under your constitutional or organisational documents;
if You agree to these Terms on behalf of a legal entity, then You have the legal authority to held liable the legal entity to these Terms;
all information that You supply is true, accurate, complete and not misleading;
our assessment of Your use of the Services is performed on the basis of the information provided by You and We may rely upon information and documents provided by You and We are not responsible for any damages or losses which may arise from any inaccuracies;
You can distinguish between services and understand the underlying mechanisms behind financial applications;
neither the entry into this Agreement, or use of the Services, or the giving of any other instruction will violate any law, rule, or regulation applicable to You;
all money that you use and invest through the Crypto-Assets and Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority;
You have not and will not upload or transmit any malicious code to the Platform or otherwise use any electronic device, software, algorithm, and/or dealing method or strategy that aims to manipulate any aspect of the Platform or the Services;
You will use the Services offered by Us pursuant to this Agreement honestly, fairly and in good faith;
Our Privacy Policy and Cookie Policy shall be applicable to your use of the Website.
If you breach any warranty or representation made under this Agreement, we may suspend or terminate the provisions of Services and prohibit your access to the Website, and the Platform.
Content that you post on the Equalizer Community
When you post content on the Equalizer Community, You:
must make sure that all content You post belongs to You or that You have a right to post that information and that You do not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content that you post;
must not post any personal or security information about yourself or about anyone else and you must not try to obtain the personal or security information of someone else;
must not provide investment advice, portfolio management services or any other type of service which requires you to be authorised by a regulator;
must not post that Equalizer endorses or warrant your content;
must not advertise or promote another business or service, or any type of commercial content including spam; and
must not post anything which is abusive, inciteful, defamatory, harassing, insulting, sexually explicit, offensive, racist, rude, hateful, threatening, violent, or illegal;
must not post content containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the users of the Website and Platform;
encourage or induce any third party to engage in any of the activities prohibited under these Terms.
We may review and monitor Your activity and posts on the Equalizer Community. If You breach any of the above rules, We will record such breach and We will remove the post without telling You. We may also block Your access to the Services or terminate our Agreement with You - We will communicate you when We will take such measures. We may also be required by applicable legislation to communicate to regulators or government authorities about a breach, and help them in any investigation about a breach.
By posting content on the Equalizer Community, You specifically grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of your content, and We shall be free to use such content, in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to You, including without limitation, our Website, advertisements, in printed media, and in newspapers.
Risks
You acknowledge that the Website and Your use of the Platform involve certain risks, including without limitation the following risks:
Decentralized Finance (DeFI) involves several risks, including but not limited to: attacks which often exploit Smart Contracts vulnerabilities; the risk of a “rug pull”, where one user can cause a token’s price to significantly drop by withdrawing a big portion of funds from the pool; the riskier pools etc;
Crypto-Assets are extremely high-risk digital assets, with high volatility;
Any Smart Contracts you interact with are entirely your own responsibility and liability, and Equalizer is not a party to the Smart Contracts;
Your access to your Crypto-Assets may be suspended or terminated at any time via the Platform, but you will always be able to access them via the smart contracts.
There may be a delay in Your access or use of your Crypto-Assets which may determine a decrease of the Crypto-Assets’ value or your inability to complete a Smart Contract;
The access to the Website and the Platform may be suspended or terminated for any or no reason, which may limit your access to your Crypto-Assets;
Flash lending fees are dynamic;
The stability of a market is also determined by volatility, which sometimes occurs when the primary market forces shift. In high volatility periods, the DeFi industry suffers, as Liquidity Providers withdraw their liquidity to counteract negative trends or capitalize on opportunities;
Equalizer has its fees updated in real-time. The applicable flash loan fees can be updated based on the decision of the governance votes or based on an algorithmic approach to find the right balance between offer and demand;
The community dictates the EQZ tokens available liquidity;
Equalizer Platform is a completely open product for the community, controlled by the community.
Taking into consideration the above-mentioned, You hereby agree that:
You assume all risk in connection with Your access and use of the Website, the Platform and the Smart Contracts;
You expressly waive and release Equalizer from any and all liability, claims, causes of action, or damages arising from or in any way related to Your use of the Website, the Platform or the Smart Contracts.
Third-Party Links
The Website may contain hyperlinks or references to third-party websites. Any such hyperlinks or references are provided for Your information and convenience only. We have no control over third-party websites and We have 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 site.
Privacy Policy and Cookie Policy
We may record and collect information about you. You can find more information about how we will process your personal information in our Privacy Policy.
When you use the Website, we may collect information about your computer and your interaction with the Website. Please see our Cookie Policy for more information.
Intellectual Property Rights
All content included in the Website or made available through the Platform and Services, including but not limited to all copyright, trademarks, patents, service marks, domain names, trade names, rights in designs, software code, icons, logos, characters, layouts, rights in know-how, trade secrets, buttons, color scheme, graphics and any other intellectual property rights ("IP") is the property of Equalizer Finance, its affiliates or its licensors and is protected by local and international intellectual property laws and treaties
You may not, without our prior written consent:
modify, copy, display, distribute or commercially exploit any IP or materials (including text, video, audio or user interface design) in the content of any of the Services, including in the Platform;
remove any proprietary notices from any IP;
attempt to derive any source code for the Platform; and
attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used as part of the Services.
The use of the Services does not grant you any rights other than those granted to You under these Terms. Nothing contained on our Website or any communications to You shall be construed as granting, by implication or otherwise, any license or right to use any IP without Our prior written consent.
If You create a hyperlink to one or more of our Website, the hyperlink and context in which it is used may not, without our prior written consent, suggest an endorsement, sponsorship or affiliation with Equalizer Finance, its affiliates or Services, and may not make use of any of our IP other than that contained within the text of the hyperlink.
www.Equalizer.Finance is the uniform resource locator (‘URL’) of Equalizer Finance. 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 page 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 Website. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.
Disclaimers
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs in order to access the Website. You should use your own virus protection software.
The content and materials available on the Website are for informational purposes only and is not intended to address your particular requirements.
In particular, the content and materials available on the Website do not constitute any form of investment advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell or any other financial services and is not intended to be relied upon by you in making any specific investment or other decisions.
Any opinions, news, research, analyses, prices, or other information contained on this Website are provided as general market commentary, and do not constitute investment advice. Equalizer shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information provided.
Nothing included in the Website constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction.
From time to time, reference may be made to data we have gathered. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.
Miscellaneous
We may perform any of Our obligations, and exercise any of the rights granted to us under these Terms, through a third-party. We may assign any or all our rights and obligations under these Terms to any third-party.
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.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by Us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms or otherwise.
If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
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 Website is not available for you to use for any reason whatsoever.
These Terms and the documents referred to in them set out the entire agreement between You and Us with respect to Your use of the Website, Platform and the Services and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between You or Us.
Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Seychelle Law in force on the date when the notice of arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one or three; the seat of the arbitration shall be determined by the arbitrator(s); the arbitral proceedings shall be conducted in English. The applicable law shall be Seychelle Law.
Contacting Us
Should You have any questions about these Terms, or wish to contact Us for any reason whatsoever, please do so by sending us an email at the contact address displayed on our website.
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