PLEASE NOTE: THE "DISPUTE RESOLUTION" SECTION OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND THE APL ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
Modification of these Terms
APL reserves the right, in its sole discretion, to modify these Terms from time to time. If any modifications are made, you will be notified by an update to the date at the top of the Terms. A current version of the Terms is maintained at https://rainbowbridge.app/termsofservice. All modifications will be effective when they are posted, and your continued accessing of the Site will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms, you must immediately stop accessing the Site.
To access or use the Site, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction and have the full right, power, and authority to enter into and comply with the terms and conditions of these Terms on behalf of yourself and any company or legal entity for which you may access or use the Site.
You further represent that you are not: a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or; b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of the Site will fully comply with all applicable laws and regulations, and that you will not access or use the Site to conduct, promote, or otherwise facilitate any illegal activity.
APL reserves the right to utilize software or other means to restrict access to the Site for compliance purposes with no advance warning, including, but not limited to, restricting access to any individual or entity on the Specially Designated Nationals and Blocked Persons (“SDN”) List maintained by OFAC. We are under no obligation to make such restrictions, or the rationale underlying such restrictions, public. If we determine in our sole and absolute discretion that you have breached your representations and/or obligations under this section, we will block your access to the Site if continued access to the Site could result in APL being in violation, or subject to negative consequences, under any sanctions laws or other law or regulation. While the Site does not custody or hold any assets of users, rendering APL incapable of “blocking” any interests in property, to the extent (in our sole and absolute discretion) you breach your representations and/or obligations under this section, APL reserves the right to notify any relevant identifiable persons of such breach to enable the blocking of interests in property as required under relevant rules and regulations
3. Proprietary Rights
APL and its designees own all intellectual property and other rights in the Site and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. The Rainbow Bridge is comprised of source-available software running on public distributed blockchains.
4. Additional Rights
APL reserve the following rights: a) with or without notice to you, to modify, substitute, eliminate or add to the Site; b) to review, modify, filter, disable, delete and remove any and all content and information from the Site; and, c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
When you use the Site, you are interacting with the public blockchains, which provide transparency into your transactions. APL does not control and is not responsible for any information you make public on any public blockchain by taking actions through the Site.
APL may share the information collected with blockchain analytics providers to promote the safety, security, and integrity of the Site. APL does not retain any information collected any longer than necessary for these purposes.
6. Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Site:
Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
Any Other Unlawful Conduct. Violate any applicable federal, state, local, national, or international law, or any regulations having the force of law, including any laws or regulations concerning the integrity of trading markets (e.g., manipulative tactics commonly known as spoofing and wash trading) or trading of securities or derivatives and furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities.
7. Not Registered with FinCEN or any agency
APL is not registered with the Financial Crimes Enforcement Network as a money services business or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf, or match orders for buyers and sellers of securities. We also do not facilitate the execution or settlement of your trades, which occur entirely on the public distributed blockchains. Rainbow Bridge acts solely as an intermediary platform, enabling users to compile transaction data that is to be executed by the users themselves, using compatible third-party blockchain wallet apps.
8. Non-Solicitation; No Investment Advice
You agree and understand that all transfers or other actions you perform through the Site are considered unsolicited, which means that you have not received any investment advice from us in connection with any such action, and that we do not conduct a suitability review of any action available to you via the Site.
All information provided by the Site is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the Site. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
9. No Warranties
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE AND RAINBOW BRIDGE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. APL IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SITE; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.
APL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. Non-Custodial and No Fiduciary Duties
The Site is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. These Terms are not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
11. Compliance Obligations
By accessing or using the Site, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
12. Assumption of Risk
By accessing and using the Site, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets. You understand that blockchain-based transactions are irreversible.
You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Rainbow Bridge through the Site, you may suffer loss. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Rainbow Bridge, and cannot be held liable for any resulting losses that you experience while accessing or using the Site. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Site to interact with the Rainbow Bridge.
13. Third-Party Resources and Promotions
The Site may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Site. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
14. Release of Claims
You expressly agree that you assume all risks in connection with your access and use of the Site and your interaction with the Rainbow Bridge. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Site and your interaction with the Rainbow Bridge. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: a) your access and use of the Site; b) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and c) any other party's access and use of the Site with your assistance or using any device or account that you own or control.
16. Limitation of Liability
17. Dispute Resolution
APL will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to email@example.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to the Site, these Terms, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator. APL will have the sole and exclusive right to select the arbitrator who will preside over the dispute. The arbitration will be held in Seychelles, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18. Class Action and Jury Trial Waiver
You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
19. Governing Law
You agree that the laws of Seychelles, without regard to principles of conflict of laws, govern these Terms and any Dispute between you and us. You further agree that the Site shall be deemed to be based solely in Seychelles, and that although the Site may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Seychelles. Any arbitration conducted pursuant to these Terms shall be governed by Seychelles law. You agree that the courts of Seychelles are the proper forum for any appeals of an arbitration award or for court proceedings in the event that the binding arbitration clause of these Terms is found to be unenforceable.
20. Entire Agreement