• Last update: 28 February 2023

    Preamble

    The Terms of Use (the "Terms") govern your use of the website www.deepdao.fi (the “Website”) and the services offered on or through this latter (the "Services"). The Website is owned by DeepDAO (“DeepDAO”). DeepDAO has outsourced the operations of the Website to Fluid Finance SA, a company duly incorporated under the laws of Switzerland, with company registration number CHE-323.697.011 and official address at Quai du Mont-Blanc 3, 1201 Geneve, Switzerland ("Fluid Finance", "Company", "We" or "Us").

    1. Definitions

    Apps

    means any future web application and mobile applications made available by DeepDAO. 

    Account

    means user accounts created in the Apps. 

    Intellectual property rights

    Means copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, whether registered or unregistered; 

    Partners

    means any third party with whom DeepDAO has entered into a relationship. 

    Products

    means all products and services offered by DeepDAO.

    User

    means any person who downloads, uses or otherwise access the Products of DeepDAO. 

    Visitor

    means any person who accesses the Website.

    Users and/or Visitors may be referred to as "You" or "your". 

    1. Acceptance of the Terms

    By browsing the Website, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you do not agree with these Terms, you should not access the Website. 

    1. Modification

    DeepDAO reserves the right to make any changes to these Terms, at its sole discretion. Your continued use of the Website after any such changes, with or without having explicitly accepted the new Terms, shall constitute your consent to such changes.

    If you do not agree to such changes, you have no right to obtain information or access to the Website and must immediately cease use of it. You are responsible for verifying regularly these Terms in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Website.

    1. Access to the Website

    The Websites may not be accessed from the countries set out below.

    • Afghanistan
    • North Korea
    • Iran
    • Iraq
    • Russia
    • Syria
    • Venezuela
    • United States of America

    The Website is provided to you on an “as is” basis, without warranties of any kind, either expressed or implied.

    DeepDAO grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms and our policies.

    All other uses are prohibited without DeepDAO’s prior written consent. Except as otherwise agreed upon, if DeepDAO enables the use of software, content, virtual items or other materials owned or licensed by DeepDAO (hereinafter: the “Software and Content”), DeepDAO hereby grants you a non-exclusive, non-transferable, non-sublicensable and revocable worldwide license to access and use the Software and Content solely for personal and non-commercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by DeepDAO or as permitted under applicable law. Any unauthorised use of the Software and Content is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

    If you provide us with any feedback or comments regarding the Website, you grant DeepDAO the right to use such feedback or comments for any purpose without restriction or payment to you.

    1. Purpose of the Website

    The purpose of the Website is to present the various Products offered by DeepDAO, to explain them, to convey information about DeepDAO, to make available to Users on our Website information and articles that we deem interesting.

    The information we provide on our Website does not in any way constitute an offer to the public or an invitation to issue an offer to purchase the Products. Any decision to participate in DeepDAO should not be made solely on the basis of the information on the Website, which has an educational purpose. In addition, any decision to participate involves risks, risks that are borne exclusively by the User. DeepDAO does not provide any advice on the appropriateness of an investment decision or any legal and tax advice. The User is obliged to form their own opinion independently of the information provided by DeepDAO and, if necessary, to take advice from an independent and qualified professional.

    1. Age restrictions

    There is no minimum age required to visit the Website. However, we strongly advise against minors visiting this Website, except for educational purposes. 

    You agree that by using our Website, You have reached the age of majority and understand the risks involved.  

    1. Prohibited actions

    You are entitled to use the Website only in conformity with the laws of your country of residence and of the country from which you access this Website. You may solely make a legal use of this website and any illegal or inappropriate use of the Website is banned. In particular, you agree to browse the Website lawfully and without any violation of these Terms or any applicable law and agree not to do any of the following actions in connection with your use of the Website:

    • access or use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Website, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behaviour or content;
    • hacking another User’s Account;
    • violating the rights of other Users;
    • violating Our intellectual property rights or any third party to the Website;
    • access or use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other terms or policies provided in connection with the Website;
    • damage, disable, overburden or impair the functionality of the Website in any manner;
    • distributing spam, unsolicited electronic communications, advertising, chain letters or pyramid schemes ;
    • upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Website or the interests or property of the Visitors or of DeepDAO;
    • misusing applications, code or online tools developed by and proprietary to DeepDAO; using any means not authorized by DeepDAO to access the Website or to extract data and information from the Website;
    • commercialize any application, code or any information or software associated with the Website without the prior consent of DeepDAO;
    • uploading, displaying, transmitting, distributing, storing, or making public on the Website the personal data of Users, Visitors or third parties without the prior explicit consent of DeepDAO;
    • harvest or otherwise collect information or data about Visitors or Users without their consent;
    • upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of DeepDAO, is objectionable, misleading or which restricts or inhibits any other person from using the Website, or which may expose DeepDAO or its Visitors to any harm or liability of any type;
    • upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;
    • copy, modify, distribute, sell, or lease all or part of the Website;
    • reverse engineer or attempt to extract the source code of the Website;
    • interfere or attempt to disrupt the Website in any way;
    • connecting to or attempting to connect to the security systems related to the Website;
    • facilitate or assist another person to carry out any of the above prohibitions actions.
    1. Intellectual property rights

    Intellectual property rights and all other proprietary rights in relation to the content available on the Website (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement) (hereinafter: the “Website Content”) are the exclusive property of DeepDAO or its licensors. Our rights to the Website Content include rights to (i) the Website; and (ii) all designs, layouts, software, displayed and technical information associated with Website. All Intellectual property rights in the Website Content not expressly granted herein are reserved to DeepDAO. All copyright and other proprietary notices shall be retained on all reproductions.

    Any other use of the Website Content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of DeepDAO is strictly prohibited.

    You may not derive or attempt to derive the source code of all or any portion of the software or mobile software (hereinafter: the “Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.

    DeepDAO and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Website.

    DeepDAO, together with its licensors expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Website including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of DeepDAO.

    1. Trademarks

    Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of DeepDAO or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.

    1. Reservation of rights

    DeepDAO may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of DeepDAO, as well as close or interrupt the Website. DeepDAO reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for DeepDAO.

    DeepDAO reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms.

    1. Network costs

    You may be charged by your network provider for data services or any other third-party charges as may arise while using the Website and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.

    1. Downtime

    Since the Website is web-based, it might be subject to temporary downtime.

    From time to time, we also update or maintain the Website, which will result in the Website not being available for a certain period of time. We do not warrant that the Website operates uninterrupted or error-free. 

    We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Website or suspension of your access to the Website.

    1. Disclaimers

    You expressly acknowledge and agree that your access to and use of the website is at your sole risk. As between you and DeepDAO, to the maximum extent permitted by applicable law, the website is provided on an “as is” and “as available” and “under development” basis and DeepDAO expressly disclaims all representations, warranties and conditions (express or implied, oral or written), including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. All content available on the website are made available for informational purposes only and should not be contractual or binding in any way for DeepDAO. You should not rely upon this content in any way. DeepDAO does not give any warranty in relation to the website, the software and content nor with any services, information published or available on the website, should it be its availability, accuracy or lawfulness. DeepDAO shall not verify, update or correct such information. DeepDAO does not warrant that the website will be available at all times and expressly reserves the possibility to discontinue the website without notice. In addition, DeepDAO does not represent or warrant that (a) the operation of the website will be secure, uninterrupted, error-free or virus-free, or (b) any defects in the website will be corrected. no oral or written information, guidelines or advice given by DeepDAO will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law.

    The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you. You agree that the entire risk arising out of your use of the website remains solely with you. You agree that neither DeepDAO nor its affiliates is/are responsible for the fitness or conduct of any visitor and/or user. Neither DeepDAO nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any visitor and/or user.

    Any warranty, condition or other term arising out of or in connection with the Website which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Website or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. If you have a dispute with one or more Visitor(s), User(s) and/or Third-part(y/ies), you agree to release DeepDAO (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

    1. Limitations of liability

    These Terms set out the full extent of our obligations and liabilities with respect to the Website. To the maximum extent possible by law, DeepDAO excludes all and any warranty, guaranty and responsibility in relation to or subsequent to the website and its content. DeepDAO shall in particular not be liable for any damages of any kind, including loss of income or data, suffered by the visitor, the user or any other person, by act of DeepDAO or of a third party. This includes any misuse that would be made of the visitor’s and/or user’s data, any virus or other forms of malware transmitted through the website or the server, as well as any non-compliance of users and/or visitors with these Terms. DeepDAO shall have no liability for any personal injury lost profits or other consequential, special, punitive, indirect, or incidental damages, arising from or related to your use or inability to use the website. Notwithstanding anything to the contrary in these Terms, nothing in these Terms excludes or limits our liability for fraud or for death or personal injury caused by our negligence. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you.

    1. Force majeure

    DeepDAO cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.

    1. Indemnification

    You agree to defend, indemnify and hold harmless DeepDAO and its affiliates, independent contractors and service providers, and each of its respective directors, officers, employees and agents (if any) from and against all Third-party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys’ fees) caused by, arising out of or related to (a) your use of, or inability to use, the Website; (b) your violation of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by DeepDAO or a Third-party in relation to the Website; (c) your violation of any applicable law or any rights of any Third-party.

    1. Links

    The Website may contain links which direct you to Third-party websites. DeepDAO rejects any liability on said Third-party websites, which are solely provided in the Users’ and Visitors’ interest.

    DeepDAO has no influence on the content of Third-party websites. DeepDAO therefore cannot assume any guarantee for the accuracy, completeness or safety of this Third-party content.

    1. Entire agreement & severability

    These Terms, subject to any amendments or modifications made by DeepDAO from time to time, shall constitute the entire agreement between you and DeepDAO with respect to the use of the Website. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

    1. No waiver

    DeepDAO’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

    1. Assignment

    You may not assign any of your rights, licenses, or obligations under these Terms without DeepDAO’s prior written consent. Any such attempt at assignment by you shall be void. DeepDAO may assign its rights, licenses, and obligations under these Terms without limitation and without prior consent.

    1. Modification of the website

    DeepDAO reserves the right to change, suspend, remove, discontinue or disable access to the Website or particular portions thereof, at any time and without notice. In no event will DeepDAO be liable for the removal of or disabling of access to any portion or feature of the Website.

    1. Governing law and jurisdiction

    These Terms and your use of the Website, as well as all matters arising out of or in relation to them (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of Belgium, with the exclusion of conflicts of laws rules. Any claim or dispute regarding these Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Belgium.

    You agree that any dispute is personal to you and DeepDAO, and that any dispute shall only be resolved by an individual litigation and shall not be brought as a class action, or any other representative proceeding. You agree that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons.

    In case of dispute, you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.