Terms of Service
Last updated: December 18, 2023
ATTENTION: USE OF THE SITE FROM OR IN THE UNITED STATES OR UNITED STATES TERRITORIES, OR BY PERSONS WHO ARE US PERSONS OR CURRENTLY OR ORDINARILY LOCATED OR RESIDENT IN THE UNITED STATES OR A UNITED STATES TERRITORY, IS STRICTLY PROHIBITED, REGARDLESS OF THE USER’S IP ADDRESS. UTILIZING A VIRTUAL PRIVATE NETWORK OR OTHER METHOD TO CONCEAL A USER’S UNITED STATES RESIDENCE IS ALSO STRICTLY PROHIBITED AND MAY RESULT IN PERMANENT BLOCKING OF USE OF THE SITE IN CONNECTION WITH BLOCKCHAIN ADDRESSES SUSPECTED OF BEING TIED TO A UNITED STATES RESIDENCE. BY ACCESSING OR USING THIS SITE, THE USER REPRESENTS AND WARRANTS THAT THEY ARE NOT A U.S. PERSON AS DEFINED BY ANY RELEVANT U.S. LAWS AND REGULATIONS. SEE CLAUSE 5(e) FOR FURTHER DETAIL.
These terms and conditions (these "Terms") constitute a binding legal agreement between each individual, entity, group or association who views, interacts, links to or otherwise uses or derives any benefit from the Site (as defined below) ("Users") and D5 Labs Inc, a company formed under the laws of the Republic of Panama (the owner/operator of the Site) (collectively with its successors and assigns, the "Site Operator").
The Site aggregates and publishes publicly available third-party information, including:
● the current state of Host Blockchains;
● the functions and design of the FLASH TRADE Protocol;
● the current state of the FLASH TRADE Smart Contract Systems, including all trading positions in the Traded Positions;
● the amount of "stablecoins & crypto tokens’ Blockchain Tokens that have been deposited into the FLASH TRADE Smart Contract Systems by third parties known as "liquidity providers" to serve as liquidity for the creation and trading of the Traded Assets in the FLASH TRADE Smart Contract Systems and the amount of actual or projected fees awarded to such liquidity providers;
● the pricing of Represented Assets, through the Decentralized Oracle Network;
● the trading of Traded Assets; and
● the implied or express fair market prices of Blockchain Tokens, Represented Assets and Traded Assets, which may be denominated in terms of other Blockchain Tokens or other Represented Assets or Trade Assets.
● The Site also offers interaction methods whereby the User can indicate a transaction the User would like to perform in connection with the FLASH TRADE Smart Contract Systems (such as swapping one Blockchain Token for another). When used in this way, the Site can generate a draft transaction message which the User can independently use in conjunction with a third-party wallet application or device to conduct transactions on FLASH TRADE or Host Blockchains.
DISCLAIMERS: TRADED ASSETS ARE PURELY SYNTHETIC REPRESENTATIONS OF REPRESENTED ASSETS. REPRESENTED ASSETS ARE NOT PURCHASED, SOLD, TRADED, OWNED, HELD OR OTHERWISE DEALT IN THROUGH THE SITE OR THE FLASH TRADE SMART CONTRACT SYSTEMS. TRADED ASSETS DO NOT ENTITLE THE USER TO OBTAIN OR HAVE ANY OWNERSHIP OF OR ANY OTHER INTEREST IN OR ENTITLEMENT TO ANY REPRESENTED ASSET. PRICES OF REPRESENTED ASSETS ARE OBTAINED THROUGH A DECENTRALIZED ORACLE NETWORK AND MAY NOT BE ACCURATE; ACCORDINGLY, PRICES OF THE TRADED ASSETS MAY NOT ACCURATELY REFLECT THE PRICES OF THE REPRESENTED ASSETS THEY ARE INTENDED TO REPRESENT.
By clicking "I Accept" or otherwise indicating your Acceptance, you agree to be bound by these Terms and affirm that you are of legal age to enter into these Terms where you live and have the legal capacity to enter into these Terms. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes to the Terms from time to time. We will alert you of any changes by updating the “Last Updated" date of these Terms (on the first page hereof), and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
Please contact us at admin@flash.trade for any questions or issues.
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1. DEFINED TERMS
(a) "Blockchain" means a blockchain or distributed ledger technology or other similar technology.
(b) "Blockchain System" means the combination of (i) a Blockchain; and (ii) a network of devices operating software clients or software applications that jointly or individually store, validate, process transactions with respect to, update, resolve forks with respect to and otherwise maintain, read from and write to such Blockchain.
(c) "Blockchain Tokens" means virtual currencies, tokens and other units of account or mediums of exchange that are implemented on a Blockchain System.
(d) "Decentralized Oracle Network" or "DON" means the network of third-party "oracles" (including PYTH) utilized by the FLASH TRADE Smart Contract Systems to obtain pricing data regarding the Traded Assets.
(e) "FLASH TRADE Protocol" means the software code at https://github.com/flash-trade
(f) "FLASH TRADE Smart Contract Systems" means all blockchain-based smart contract bytecodes that: (i) are compiled from the FLASH TRADE Protocol (or any part thereof); (ii) are deployed to production Blockchain Systems; and (iii) are covered by the Site.
(g) "Host Blockchains" means each Blockchain System on which a FLASH TRADE Smart Contract System has been deployed.
(h) "Site" means the web site, web pages, web applications and information and software available at or accessible through the URLs https://flash.trade/ or any sub-URL of any such URLs and any other FLASH TRADE-related website or web application maintained by the Site Operator.
(i) "Represented Assets" means Blockchain Tokens and other assets (including national currencies (aka "forex’ or "FX’) and commodities or commodities indices (e.g. , XAU, XAG)) that, through price indexing obtained through the DON, are simulated on the FLASH TRADE Smart Contract Systems.
(j) "Traded Assets" means synthetic book-entry units of account within the FLASH TRADE Smart Contract Systems that simulate units or derivatives of units of the Represented Assets.
(k) Rules of Interpretation:
(i) "hereof," "herein," "hereunder," "hereby" and words of similar import will, unless otherwise stated, be construed to refer to these Terms as a whole and not to any particular provision of these Terms;
(ii) "include(s)" and "including" shall be construed to be followed by the words "without limitation";
(iii) "or" shall be construed to be the "inclusive or" rather than "exclusive or" unless the context requires otherwise;
(iv) any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of these Terms;
(v) titles, captions and headings are for convenience of reference only and have no legal or contractual effect;
(vi) whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders; and
(vii) except as otherwise indicated, all references in these Terms to "Clause" are intended to refer to clauses of these Terms.
2. SERVICES
(a) The FLASH TRADE Protocol is a publicly available software protocol designed to enable peer-to-peer trading, borrowing and lending of synthetic representations ("Traded Assets") of real assets (such as Blockchain Tokens, foreign national currencies, and commodities) ("Represented Assets") on compatible blockchain networks ("Host Blockchains"). Each FLASH TRADE Smart Contract System is a copy of the FLASH TRADE Protocol that has been compiled to machine-readable code compatible with validators on a particular blockchain network (referred to herein as a "Host Blockchain’) and, in such form, has been deployed to and become associated with one or more specific public addresses on the Host Blockchain. Each FLASH TRADE Smart Contract System may enable Traded Assets to be redeemed for real Blockchain Tokens that have been deposited by third parties known as "liquidity providers’ into the FLASH TRADE Smart Contract system in exchange for the ability to receive portion of the trading fees generated by use of the FLASH TRADE Smart Contract System. Through a compatible third-party wallet application or network node client compatible with the applicable Host Blockchain, users may pay validators on the applicable Host Blockchain to operate and record the results of operation of the FLASH TRADE Smart Contract System on that Host Blockchain.
(b) Site Operator does not own, operate or control FLASH TRADE, Host Blockchains, or the FLASH TRADE Smart Contract Systems. Using Host Blockchains or the FLASH TRADE Smart Contract Systems does not require use of the Site. You can always interact directly with the relevant FLASH TRADE Smart Contract Systems on the applicable Host Blockchains, without use of the Site or services of the Site Operator. The Site aggregates and publishes publicly available information about the FLASH TRADE Smart Contract Systems in a user- friendly and convenient format. Such information is also independently available from other sources—for example, a person may directly review FLASH TRADE transaction history, account balances and the FLASH TRADE Smart Contract Systems on a compatible block explorer for Host Blockchains. By combining publicly available information with the User’s interactions with the Site, the Site can draft standard transaction messages compatible with the FLASH TRADE Smart Contract Systems which are designed to accomplish the User’s operational goals as expressed through the interactions. If the User so wishes, the User may broadcast such messages to the validator network for the applicable Host Blockchains in order to initiate transactions in Blockchain Tokens or Traded Assets. All draft transaction messages are delivered by the Site via API to a compatible third-party wallet application or device selected by the User after pressing the "Connect Wallet" (or similar) button on the Site. The User must personally review and authorize all transaction messages that the User wishes to send to Host Blockchains or other Blockchain Systems; this requires the User to sign the relevant transaction message with a private cryptographic key inaccessible to the Site. The User-authorized message will then be broadcast to validators through the wallet application or device and the User may pay a network fee to have the validators apply the transaction message to the applicable FLASH TRADE Smart Contract System and record the results on the applicable Host Blockchain—resulting in a Blockchain Token or Traded Asset transaction being completed on the Host Blockchain.
(c) The Site Operator and the Site are not agents or intermediaries of the User, do not store or have access to or control over any Blockchain Tokens, Represented Assets, Traded Assets, private keys, passwords, accounts or other property of the User, and are not capable of performing transactions or sending transaction messages on behalf of the User. The Site does not hold and cannot purchase, sell or trade any Blockchain Tokens, Represented Assets or Traded Assets. All transactions relating to the FLASH TRADE Smart Contract Systems are effected and recorded solely through the interactions of the User with the respective validators, who are not under the control of or affiliated with the Site Operator or the Site.
(d) The Site Operator and the Site are not registered or qualified with or licensed by, do not report to and are not under the active supervision of any government agency or financial regulatory authority or organization. No government or regulator has approved or consulted with the Site Operator regarding the accuracy or completeness of any information available on the Site. Similarly, the technology, systems, Blockchain Tokens, Represented Assets, Traded Assets, Decentralized Oracle Network, and persons relevant to information published on the Site may not be registered with or under the active supervision of or be registered or qualified with or licensed by any government agency or financial regulatory authority or organization. The Site Operator is not registered as a broker, dealer, advisor, transfer agent, money services business, crypto-asset service provider, or other intermediary.
1. ELIGIBILITY
In order to be eligible to use the Site, you must:
(a) be at least eighteen years of age, of sound mental capacity and have all technical knowledge necessary or advisable to understand and evaluate the risks of the Site and FLASH TRADE;
(b) agree that the Site is provided for informational purposes only and is not directly or indirectly in control of or capable of interacting with FLASH TRADE, Host Blockchains, and related Blockchain Systems or performing or effecting any transactions on your behalf;
(c) agree that the Site is only being provided as an aid to your own independent research and evaluation of FLASH TRADE and that no representation or warranty is being made as to the accuracy or completeness of information on the Site;
(d) agree that the ability of the Site to connect with third-party wallet applications or devices is not an endorsement or recommendation thereof by or on behalf of the Site Operator, and you must assume all responsibility for selecting and evaluating and incurring the risks of any bugs, defects, malfunctions or interruptions of any third-party wallet applications or devices you directly or indirectly use in connection with the Site;
(e) comply with all applicable laws, rules and regulations;
(f) not be a person who is subject to national or international sanctions under the laws of Panama, Singapore or other applicable law;
(g) not hold the Site Operator or any of its representatives or affiliates liable for any damages you suffer in connection with your use of the Site or FLASH TRADE;
(h) waive your right to initiate or participate in class actions relating to the Site; and
(i) resolve any disputes regarding the Site pursuant to binding, confidential arbitration and waive your right to a jury trial in connection with such disputes.
2. SITE OPERATOR DISCRETION; CERTAIN RISKS INVOLVED WITH THE USAGE OF THE SITE
Each User hereby acknowledges and agrees and consents to, and assumes the risks of, the matters described in this Clause 2.
(a) Operator makes no representations or warranties as to the quality, origin, or ownership of any content found on or available through the Site. The Site Operator shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. The Site Operator shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content.
(b) In providing information about Blockchain Tokens, Traded Assets and Represented Assets, the Site makes various assumptions which may or may not be accurate. Information regarding Traded Assets and Represented Assets is sourced from a third-party Decentralized Oracle Network and the Site Operator does not offer any representation, warranty or guaranty regarding the accuracy of such information. In providing information about Blockchain Tokens, the Site may associate or presume the association of a Blockchain Token name, symbol or logo with a specific smart contract deployed to one or more Blockchain Systems. In providing all such information, the Site relies upon third-party resources which may not be accurate or may not conform to a given User’s expectations. Multiple smart contracts can utilize the same Blockchain Token name or Blockchain Token symbol as one another, meaning that the name or symbol of a Blockchain Token does not guarantee that it is the Blockchain Token desired by the User or generally associated with such name or symbol. Users must not rely on the name, symbol or branding of a Blockchain Token on the Site, but instead must examine the specific smart contract associated with the name, symbol or branding and confirm that the Blockchain Token accords with User’s expectations.
(c) Users are solely responsible for all matters relating to their accounts, addresses and Blockchain Tokens and for ensuring that all uses thereof comply fully with these Terms. Users are solely responsible for protecting the data integrity and confidentiality of their login information and passwords or private keys for the Site or any wallet applications or devices used in connection with the Site. The compatibility of the Site with wallet applications and devices or other third-party applications or devices is not intended as, and you hereby agree not to construe such compatibility as, an endorsement or recommendation thereof or a warranty, guarantee, promise or assurance regarding the fitness or security thereof.
(d) There are no fees or charges for use of the Site. Use of the FLASH TRADE Smart Contract Systems and use of Host Blockchains are subject to third-party transaction fees. The Site Operator does not receive such fees and has no ability to reverse or refund any amounts paid in error.
(e) The Site is a free web application operated and maintained in the sole and absolute discretion of the Site Operator. The Site Operator assumes no duties, liabilities, obligations or undertakings to continue operating or maintaining the availability of the Site and may terminate or change the Site in any or all respects at any time. The Site Operator has no business plan or revenue model for the Site. The Site Operator does not have revenues or a viable long-term business plan or capital-raising plan, and may become unable or unwilling to fund the operational costs of the Site on a long-term basis or to fund the upgrade costs required to keep the Site up to date with current technologies. The Site Operator has no obligation to ensure that the Site is a complete and accurate source of all information relating to the FLASH TRADE Smart Contract Systems, Host Blockchains, Blockchain Tokens, Represented Assets, Traded Assets, or any other subject matter. The Site does not necessarily display all Blockchain Tokens or Traded Assets that are available for trading in connection with the FLASH TRADE Smart Contract Systems or Host Blockchains. Even if the Site currently displays a particular Blockchain Token or Traded Assets or Blockchain Tokens or Represented Assets pair, the Site may discontinue tracking and publishing information about those assets or pairs at any time, in the Site Operator’s sole and absolute discretion. In the event of such a discontinuation, Users may need to rely on third-party resources such as block explorers or Blockchain System nodes in order to get equivalent information, and, depending on the User’s level of expertise and the quality of such third-party resources, this may result in the User incurring financial losses due to delays or mistakes in processing information or transactions. The FLASH TRADE Protocol is available under a free open-source license, and the Site Operator does not have proprietary or exclusive rights in all copies or derivatives thereof. It is possible that additional copies of the FLASH TRADE Protocol or derivatives thereof will be deployed to other Blockchain Systems in the future by any person, resulting in the existence of multiple "FLASH TRADE-branded’ Blockchain Systems or smart contract systems. The Site Operator is under no obligation to publish information for all such copies of the FLASH TRADE Protocol or to warn Users regarding the existence of such alternatives.
(f) The Site Operator reserves the right to terminate or limit any person’s User status or access to or use of the Site at any time, without or without notice, as determined in the Site Operator’s sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that User has engaged or intends to engage in any Prohibited Use.
(g) The Site Operator reserves the right at all times to cooperate with any governmental or law enforcement investigation or to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, based on any applicable law, regulation, legal process or governmental request, in the Site Operator’s sole and absolute discretion.
3. INTELLECTUAL PROPERTY RIGHTS
(a) All FLASH TRADE-related marks, logos, and branding used on the Site are now open-source and are made available to the public under the FLASH TRADE Open Source Brand Policy and the Creative Commons Attribution-ShareAlike 4.0 International License. Users are free to use, modify, and distribute these marks, logos, and branding subject to the terms and conditions specified in the FLASH TRADE Open Source Brand Policy and the accompanying GNU General Public License. All other marks, logos, and branding appearing on the Site, including but not limited to Blockchain Token, Represented Asset, and Traded Asset names, symbols, and logos identified on the Site which may trade in connection with the FLASH TRADE Smart Contract Systems, remain the property of their respective owners and are not covered by the open-source license mentioned above. For the avoidance of doubt, the above also does not cover any FLASH TRADE Protocol (including FLASH TRADE Smart Contract Systems and any underlying smart contracts).
(b) The Site Operator may directly or indirectly collect and temporarily store personally identifiable information for operational purposes, including for the purpose of identifying blockchain addresses or IP addresses that may indicate use of the Site from prohibited jurisdictions or by sanctioned persons or other Prohibited Uses. Except as required by applicable law, the Site Operator will have no obligation of confidentiality with respect to any information collected by the Site.
(c) The FLASH TRADE Protocol (including FLASH TRADE Smart Contract Systems and any underlying smart contracts) will be available in various repositories at https://github.com/flash-trade, and will be subject to any licenses set forth in each such repository, as applicable.
(d) Each User, subject to and conditioned upon such User’s eligibility under and acceptance of and adherence to these Terms, is hereby granted a personal, revocable, non-exclusive, non-transferable, non-sub- licensable license to view, access and use the Site for the Permitted Uses in accordance with these Terms.
4. PERMITTED & PROHIBITED USES
(a) The Site is available exclusively for use by technologically and financially sophisticated persons who wish to use the Site for informational purposes only as an aid to their own research, due diligence and financial decision making (the "Permitted Uses"). Before utilizing information from the Site (including any draft transaction messages) to engage in transactions, each User must independently verify the accuracy of such information (and the consistency of such draft transaction messages with the User’s intentions).
(b) Notwithstanding any of the provisions herein, each User must not, directly or indirectly, in connection with their use of the Site:
(i) utilize the Site other than for the Permitted Uses;
(ii) rely on the Site as a basis for or a source of advice concerning any financial decision making or transactions;
(iii) employ any device, scheme or artifice to defraud, or otherwise materially mislead, the Site Operator or any person;
(iv) engage or attempt to engage in or assist any hack of or attack on the Site or any wallet application or device, including any "sybil attack", "DoS attack" or "griefing attack" or theft;
(v) commit any violation of applicable laws, rules or regulations;
(vi) engage in any act, practice or course of business that operates to circumvent any sanctions or export controls targeting the User or the country or territory where User is located.
(vii) engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering" or fraudulent, deceptive or manipulative trading activities, including without limitation:
● trading at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity, unduly or improperly influencing market prices or establishing a price which does not reflect the true state of the market;
● trading without changes in material beneficial ownership for the purpose of creating or inducing a false or misleading appearance of trading activity or creating or inducing a false or misleading appearance with respect to market conditions; or
● participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing market prices;
(viii) transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions, in each case, if such transactions do not comply with all laws, rules and regulations applicable to the parties and assets engaged therein; or
(ix) engage in Blockchain-Token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including ICOs, DAICOs, IEOs, or other Blockchain-Token-based fundraising events, if such transactions do not comply with all laws, rules and regulations applicable to the parties and assets engaged therein.
The foregoing matters are referred to herein as "Prohibited Uses".
5. REPRESENTATIONS AND WARRANTIES OF USERS
By using the Site, each User represents and warrants to the Site Operator that the following statements and information are accurate and complete at all relevant times. In the event that any such statement or information becomes untrue as to a User, User shall immediately cease accessing and using the Site.
(a) User is knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including Host Blockchains, Blockchain Tokens, Represented Assets, Traded Assets, yield-generating smart contract systems, automated market making smart contract systems, bonding curve systems and "smart contracts" (runtime bytecode deployed to Host Blockchains or another blockchain). User has conducted its own thorough independent investigation and analysis of the FLASH TRADE Smart Contract Systems, Host Blockchains, and the other matters contemplated by these Terms, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of Site Operator in connection therewith, except as expressly set forth by Site Operator in these Terms.
(b) (If User is an individual) User is of legal age in the jurisdiction in which User resides (and in any event is older than eighteen years of age) and is of sound mind.
(c) (If User is a business entity) User is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized, and has all requisite power and authority for a business entity of its type to carry on its business as now conducted.
(d) User has all requisite capacity, power and authority to accept the terms and conditions of these Terms and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid and binding obligation of User enforceable against User in accordance with its terms.
(e) User agreeing to these Term and using the Site does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any law applicable to User, or contract or agreement to which User is a party or by which User is bound.
(f) User is not, (and, if User is an entity, User is not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in the United States or any territory of the United States or any country where use of the FLASH TRADE Smart Contract Systems, Host Blockchains, or related activities is illegal, prohibited, or requires a permit or license. User is not (and, if User is an entity, User is not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the sanctions lists maintained by the Superintendency of Banks of Panama, the Superintendency of the Securities Market of the Republic of Panama, the Monetary Authority of Singapore, the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), or the European Union (EU) or its member states. The Blockchain Tokens or other funds User uses to participate in the FLASH TRADE Smart Contract Systems or Host Blockchains are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law.
6. ASSUMPTION OF RISK
Each User hereby acknowledges and agrees and consents to, and assumes the risks of, the matters described in this Clause 6.
(a) Site Operator or third parties may utilize experimental cryptographic technologies and blockchain technologies, including Blockchain Tokens, Traded Assets, cryptocurrencies, stablecoins, "smart contracts," consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in connection with the Site or systems about which the Site provides information. Each User acknowledges and agrees that such technologies are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto.\
(b) The technologies relevant to the Site depend on public peer-to-peer networks such as the Host Blockchains that are not under the control or influence of the Site Operator and are subject to many risks and uncertainties. Such technologies include the FLASH TRADE Smart Contract Systems, which (other than based on any multisignature arrangements that may apply) Site Operator has no ability to change, other than ceasing to display information about certain "smart contracts" or adding information about new "smart contracts". Users are solely responsible for the safekeeping of the private key associated with the blockchain address used in connection with the FLASH TRADE Smart Contract Systems. The Site Operator will not be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise. If a User is not able to spend or use Blockchain Tokens or Traded Assets due to loss or theft of the corresponding private key or otherwise, a User will be unable to enjoy the benefits of such Blockchain Tokens or Traded Assets.\
(c) Digital assets relevant to the Site depend on the FLASH TRADE Smart Contract Systems or other smart contracts deployed to Host Blockchains or other Blockchain Systems, each of which may be coded or deployed by persons other than Site Operator. Host Blockchains and other Blockchain Systems, and, once deployed to a Blockchain System, the code of smart contracts, including the FLASH TRADE Smart Contract Systems, typically cannot be modified, or can only be modified in limited ways. In the event that the Host Blockchains, FLASH TRADE Smart Contract Systems, or other smart contracts or Blockchain Systems are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the applicable protocol rules, Users may be exposed to a risk of total loss and forfeiture of all relevant digital assets. Site Operator assumes no liability or responsibility for any of the foregoing matters.\
(d) The fiat-denominated prices and value in public markets of cryptocurrencies and Blockchain Tokens and Traded Assets have historically been subject to dramatic fluctuations and may be highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. The market value of any Blockchain Token or Traded Asset may decline below the price for which a User acquires such asset through the Host Blockchains or FLASH TRADE Smart Contract Systems or on any other system. User acknowledges and agrees that the costs and speeds of transacting with cryptographic and blockchain-based systems such as the Host Blockchains and FLASH TRADE Smart Contract Systems are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any Blockchain Tokens or Traded Assets.\
(e) Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the Host Blockchains, FLASH TRADE Smart Contract Systems, or any Blockchain Tokens or Traded Assets (or the corresponding Represented Assets) could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such assets and technologies.\
(f) Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Blockchain Systems, Host Blockchains, FLASH TRADE Smart Contract Systems, Blockchain Tokens, or Traded Assets, including the theft, loss or inaccessibility thereof.\
(g) Host Blockchains, the FLASH TRADE Smart Contract Systems, and all Blockchain Tokens and Traded Assets (or corresponding Represented Assets) may be subject to "forks." Forks occur when some or all persons running the software clients for a particular Blockchain System adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are "contentious" and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. Site Operator may not be able to anticipate, control or influence the occurrence or outcome of forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, Site Operator does not assume any responsibility to notify a User of pending, threatened or completed forks. Site Operator will respond (or refrain from responding) to any forks in such manner as Site Operator determines in its sole and absolute discretion, and Site Operator shall not have any duty or obligation or liability to a User if such response (or lack of such response) acts to a User detriment. Without limiting the generality of the foregoing, Site Operator’s possible and permissible responses to a fork may include: (i) honoring the Host Blockchains, FLASH TRADE Smart Contract Systems, Blockchain Tokens, or Traded Assets (or corresponding Represented Assets) on both chains; (ii) honoring the Host Blockchains, FLASH TRADE Smart Contract Systems, Blockchain Tokens, or Traded Assets (or corresponding Represented Assets) on only one of the chains; (iii) honoring the Host Blockchains, FLASH TRADE Smart Contract Systems, Blockchain Tokens, or Traded Assets (or corresponding Represented Assets) in different respects or to a different extent on both chains; or (iv) any other response or policy or procedure, as determined by Site Operator in its sole and absolute discretion. Each User assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage the User’s own interests and risks in connection therewith.\
(h) The Host Blockchains, FLASH TRADE Smart Contract Systems, and other relevant Blockchain Systems and smart contracts are public software utilities which are accessible directly through any compatible node or indirectly through any compatible "wallet" application (such as the web browser plugin Metamask) which interacts with such a node. Interacting with the FLASH TRADE Smart Contract Systems does not require use of the Site, but the Site provides a convenient and userfriendly method of reading and displaying data from the FLASH TRADE Smart Contract Systems and generating standard transaction messages compatible with the FLASH TRADE Smart Contract Systems. Because the Site does not provide wallet software or nodes for Host Blockchains, and does not provide the Decentralized Oracle Network that prices Traded Assets based on Represented Assets, such software constitutes an essential third-party or user dependency without which the FLASH TRADE Smart Contract Systems cannot be utilized, and Blockchain Tokens and Traded Assets cannot be traded or used. Furthermore, the Site may utilize APIs, middleware and servers of Site Operator or third parties, and Site Operator does not guarantee the continued operation, maintenance, availability or security of any of the foregoing dependencies.
(i) The tax consequences of purchasing, selling, holding, transferring or locking Blockchain Tokens or otherwise utilizing the FLASH TRADE Smart Contract Systems are uncertain, may vary by jurisdiction and may be adverse to a User. Site Operator has undertaken no due diligence or investigation into such tax consequences, assumes no obligation or liability to optimize the tax consequences to any person and is not providing any tax advice.
7. DISCLAIMERS
(a) The Site is being provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Site Operator is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Site and the other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Site. User acknowledges and agrees that use of the Site is at the User’s own risk.
(b) Operator has no responsibility for the Blockchain Tokens or Traded Assets (or the corresponding Represented Assets) traded by Users on the FLASH TRADE Smart Contract Systems or Host Blockchains. Site Operator does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any Blockchain Token or Traded Assets (or the corresponding Represented Assets) traded by Users on the FLASH TRADE Smart Contract Systems or Host Blockchains, even if information about such Blockchain Token, Traded Assets or Represented Assets is available on the Site.
(c) All information provided by or on behalf of Site Operator is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of the Site Operator. Before Users make any financial, legal, or other decisions involving the Site, Users should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
(d) References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Site. In addition, third parties may offer promotions related to the Site. Site Operator does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk. Each User hereby expressly waives and releases Site Operator from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that Site Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.
8. LIMITATIONS OF LIABILITY
(a) Notwithstanding anything to the contrary contained on the Site, in these Terms, or in any other agreement or publication, Site Operator shall not be liable to any person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for any economic or other damages to any User or other person, including any special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not Site Operator has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted. Any refunds or other compensation or reimbursement provided at any time by Site Operator to any User shall not imply any past, current, or future obligation to provide such compensation or reimbursement in any circumstances.
(b) Any claim or cause of action a User may have or acquire in connection with the Site or any of the other matters contemplated by these Terms shall survive for the shorter of, and may be brought against Site Operator solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.
(c) All provisions of these Terms which disclaim or limit obligations or liabilities of Site Operator shall also apply, mutatis mutandis, to the officers, directors, members, employees, independent contractors, agents, stockholders, debtholders and affiliates of Site Operator.
(d) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law.
9. INDEMNITY
Each User shall defend, indemnify, compensate, reimburse and hold harmless Site Operator (and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) User’s use of, or conduct in connection with, the Site; (b) User’s violation of these Terms or any other applicable policy or contract of Site Operator; or (c) User’s violation of any rights of any other person or entity.
10. GOVERNING LAW; DISPUTE RESOLUTION
(a) These Terms shall be governed by and construed and interpreted in accordance with the laws of Singapore (irrespective of the choice of laws principles) as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies. Although the Site may be available in other jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over Site Operator in any forum outside Singapore.
(b) All claims, disputes and controversies directly or indirectly arising out of or in connection with or directly or indirectly relating to these Terms or any of the matters or transactions contemplated by these Terms (for the avoidance of doubt, including any claim seeking to invalidate, or alleging that, all or any part of these Terms is unenforceable, void or voidable) (such claims, disputes and controversies, collectively, "Disputes") shall be referred to and finally resolved by confidential, binding arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause 10. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator agreed to by the parties within twenty (20) Business Days of receipt by the respondent of the request for arbitration or, in default thereof, appointed by the Singapore International Arbitration Centre in accordance with its prevailing rules. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language of the arbitration shall be English. Each party irrevocably submits to the jurisdiction and venue of such tribunal. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. If the Company elects to have a Dispute resolved by arbitration pursuant to this provision, no party hereto shall (or shall permit its representatives to) commence, continue or pursue any Dispute in any court; provided, however, that the Company shall be entitled to obtain an injunction or injunctions to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which the Company is entitled at law or in equity, and the parties hereto hereby waive the requirement of any posting of a bond in connection with such injunctive relief or specific performance.\
(c) The parties hereby acknowledge, represent and warrant that they understand that:
(i) there is no judge or jury in arbitration, and, absent this mandatory provision, the parties would have the right to sue in court and have a jury trial concerning Disputes;
(ii) in some instances, the costs of arbitration could exceed the costs of litigation;
(iii) the right to discovery may be more limited in arbitration than in court; and
(iv) court review of an arbitration award is limited. Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any action, suit or other legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.
(d) Except to the extent necessary to enforce their respective rights under these Terms or as otherwise required by applicable law, the parties undertake to maintain confidentiality as to the existence and events of the arbitration proceedings and as to all submissions, correspondence and evidence relating to the arbitration proceedings. This provision shall survive the termination of the arbitral proceedings.
(e) All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis. USERS SHALL BRING CLAIMS AGAINST SITE OPERATOR OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.\
(f) If any court or arbitrator makes a final, binding and non-appealable determination that the class action waiver set forth in this Clause 10(e) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void with respect to any Dispute that would thus be required to be resolved by arbitration on a class basis, and the parties shall be deemed to have not agreed to arbitrate such Dispute. In the event that, as a result of the application of the immediately preceding sentence or otherwise, any Dispute is not subject to arbitration, the parties hereby agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in Singapore and to accept service of process by mail with respect to such Dispute, and hereby waive any and all jurisdictional and venue defenses otherwise available with respect to such Dispute.
11. MISCELLANEOUS
(a) The headings and captions contained in these Terms are for convenience of reference only, shall not be deemed to be a part of these Terms and shall not be referred to in connection with the construction or interpretation of these Terms.
(b) A User shall not assign any of a User rights or delegate any of a User liabilities or obligations under these Terms to any other person without Site Operator’s advance written consent. The Site Operator may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.
(c) In the event that any provision of these Terms, or the application of any such provision to any person or set of circumstances, shall be determined by an arbitrator or court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (i) the remainder of these Terms, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law; and (ii) Site Operator shall have the right to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible.
(d) These Terms may only be amended, modified, altered or supplemented by or with the written consent of the Site Operator. The Site Operator reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms from time to time. The most current version of these Terms will be posted on the Site. Any changes or modifications will be effective immediately upon the modified Agreement being posted to the Site. A User shall be responsible for reviewing and becoming familiar with any such modifications. Each User hereby waives any right such User may have to receive specific notice of such changes or modifications. Use of the Site by a User after any modification of these Terms constitutes the User’s acceptance of the modified terms and conditions. If a User does not agree to any such modifications, the User must immediately stop using the Site.
(e) No failure or delay on the part of Site Operator in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Site Operator shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Site Operator, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
(f) These Terms constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
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