1. Introduction
These Terms of Service (hereinafter referred to as the 'Terms') govern the use and conditions of the Website https://eclipsefi.io/ (hereinafter referred to as 'Website') and associated blockchain smart contract functionality (hereinafter referred to as the 'App'), collectively referred to as 'Services' provided by Luna Launcher Protocol Inc (hereinafter referred to as 'Eclipse Fi', 'We', 'Us', or 'Our'), a company incorporated and registered under the laws of the Republic of Panama. These Terms constitute a binding and enforceable legal contract between the Company, its affiliates, and subsidiaries worldwide, and You, an end-user of the Services (hereinafter referred to as 'You', 'Your', or 'User'). In relation to the Services, You and the Company are referred to separately as "Party" and collectively as "Parties".
BY ACCESSING AND USING ANY OF THE SERVICES (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND YOU COMPLETELY AGREE TO THESE TERMS OF SERVICE, AS UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR WITH ANY SUBSEQUENT AMENDMENTS, CHANGES OR UPDATES, PLEASE DO NO ACCESS OR USE ANY OF THE SERVICES, AND IF YOU DO ACCESS OR USE THE SERVICES, YOU WILL BE BOUND BY THESE TERMS OF SERVICE, AS UPDATED AND AMENDED FROM TIME TO TIME. THESE TERMS OF SERVICE WERE LAST UPDATED ON 3 OCTOBER 2023.
- 1.1 Amendments to Terms of Service
We reserve the right to amend, change, or update these Terms of Service at Our discretion and without prior notice to You. It is Your responsibility to regularly review the Website to ensure Your understanding of these Terms of Service remains accurate and up to date. Your continued access to or use of any Services after the effective date of any amendments, changes, or updates constitutes Your acceptance of these modified Terms of Service.
- 1.2 Comprehensive Agreement
These Terms, along with the Privacy Policy and any rules outlined on the Website, constitute the complete and exclusive agreement between You and Eclipse Fi pertaining to Your use of the Website. This Terms supersedes any prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, whether written or oral, between You and Us regarding the subject matter.
- 1.3 Priority of Terms
In cases where discrepancies arise between these Terms of Service and any other pages, policies, terms, conditions, licenses, limitations, or obligations found within or on the Website, these Terms of Service shall take precedence.
- 1.4 Interpretation
Headings: The headings and sub-headings in the Terms are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
Extended Meaning: Unless otherwise specified in this Terms, words importing the singular include the plural and vice versa and words importing gender include all genders. The word “include”, “includes” or “including” will be interpreted on an inclusive basis and be deemed to be followed by the words “without limitation”.
2. ACCEPTANCE OF TERMS AND CONDITIONS
- 2.1 Legal Capacity: By Accessing the Services, You acknowledge and accept that You are a User, possessing the legal capacity to contract and subscribe to the Service within Your country. You are deemed to have read and accepted these Terms exhaustively and unconditionally. If You're using the Services on behalf of an organization or company, You assert that You possess the legal authority to bind such entity to these Terms.
- 2.2 Electronic Contracting: Your use of the Services constitutes electronic contracting with the Us and agreement to these Terms, along with any referenced documents incorporated herein, including Our Privacy Policy. By utilizing the Services, You acknowledge that these electronic Terms, combined with Your use, hold the same force and effect as a written signature and fulfil any legal requirements for a written or signed agreement.
- 2.3 Right to Use Services: Your use of the Services is contingent upon: (i) compliance with these Terms, (ii) establishing an Account with Us, (iii) possessing a Digital Wallet capable of supporting and accepting Digital Tokens, and (iv) not being restricted by Applicable laws from accessing or using the Services or its content.
- 2.4 Compliance: You are solely responsible for ensuring that Your use of the Services is in compliance with all laws, rules and regulations Applicable to You and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation Applicable to You.
- 2.5 Account: You will need to register and create an account with Us using the Website to access and use the Services (“Account”). Your account will be linked to a blockchain wallet that you solely control. You represent and warrant that all registration information submitted by You will be true, accurate, current, and complete, and that You will maintain the accuracy of such information and promptly update such information when required. You will keep Your wallet's private key and any password required to authorise transactions using Your wallet confidential and will be solely responsible for all use of Your account and wallet. You agree to notify Eclipse Fi immediately if You know or suspect unauthorized use of Your Account or any other security breach You know or suspect, such as loss, theft, unauthorized disclosure or use of Your Account or password. Eclipse Fi is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost wallet private keys or passwords used to authorise transactions using Your wallet or any unauthorized use of Your Account.
3. GRANT OF LICENSE
- 3.1 Eclipse Fi hereby grants the User a non-exclusive, personal, non-transferable right to access and utilize the Service on Your personal computer, laptops, tablets or other electronic devices connected to the Internet. This access is intended to enable Your use of the Services available and described on the Eclipse Fi Website, subject to the terms and conditions presented herein.
- 3.2 Eligibility and Usage Restrictions: The Service is not intended for use by:
- Minors and individuals under 18 years of age.
- Individuals considered minors or under the age of majority in their jurisdiction(s).
- Individuals accessing or using the Service from jurisdictions where such use is prohibited by law.
- 3.3 Eclipse Fi does not have the capability to verify the legality of the Service in every jurisdiction. It is solely the responsibility of the User to determine whether their use of the Service complies with Applicable laws.
4. INTELLECTUAL PROPERTY RIGHTS
Eclipse Fi and its licensors exclusively holds all present and future copyright, title, interest in and to the Service, registered and unregistered trademarks, design rights, unregistered designs, database rights including code, technology, organization, structure, architecture, and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exists in or in relation to the use and access of the Website and the Services are owned by or otherwise licensed to the Company.- 4.1 Unauthorized use
You may not:- Copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Eclipse Fi Website or the Service.
- Use the Service in any manner prohibited by Applicable laws or regulations (collectively referred to as "Unauthorized Use").
- Eclipse Fi reserves all implied or otherwise ungranted rights, and retains all rights, title, and interest in the Service. You are solely responsible for any damage, costs, or expenses resulting from Unauthorized Use.
- In the event of becoming aware of Unauthorized Use, You agree to promptly notify Us and provide reasonable assistance in any resulting investigations.
- 4.2 Trademarks, Content, and Ownership
- The term "Eclipse Fi," its associated domain names, and all other trademarks or service marks used in conjunction with the Service ("Trade Marks") are the exclusive property of Eclipse Fi.
- All content on Our Website, including but not limited to images, graphics, photographs, animations, videos, music, audio, and text ("Site Content"), is owned by Us and is protected by copyright and other intellectual property rights.
- Your use of the Service does not grant You any rights to the Site Content or Trade Marks. Without Our prior written consent, You may not use the Site Content or TradeMarks for any purpose.
- You agree not to engage in any actions that could harm or potentially infringe upon the intellectual property rights of Eclipse Fi.
5. KNOW YOUR CUSTOMER (KYC) REQUIREMENTS
Eclipse Fi is a permissionless and fully decentralized platform for the distribution, sales, and marketing of tokens. As a software development organization, Eclipse Fi has no duty in enforcing KYC by default. However, Eclipse Fi provides smart contracts, KYC/AML and other tools that may be adopted completely at the discretion of its clients (‘Projects’) using the software provided by Eclipse Fi.
Eclipse Fi makes no warranty as to the merit, legality, or juridical nature of any token (including whether or not it is considered a security or financial instrument under any applicable securities laws), or token sale conducted using tools provided by Eclipse Fi. Nonetheless, Eclipse Fi understands the need of certain Projects to conduct KYC/AML on participants.
Therefore, and at the sole behest of Projects, Eclipse Fi reserves the right to ask for KYC documentation deemed necessary to determine the identity and location of Users. Our primary KYC service provider is
https://zk.me/ who ensures secure private credential issuance and verification. To use the Services on the Website, Users might need to undergo the KYC process and carefully read the [
https://zk.me/terms] and [
https://zk.me/app-privacy-policies].
Eclipse Fi relies on the accuracy of the information provided by You. If there are any reasonable grounds to believe that Your information is incomplete, incorrect, or outdated, We reserve the right to issue a notice requesting rectification or directly deleting such data if held by the App. In such cases, access to part or all of the Website and Services might be restricted.
In instances where Eclipse Fi has reasonable grounds to suspect that a User is engaging in transactions or utilizing the Services with cryptocurrencies originating from potentially illegal activities, Eclipse Fi is authorized to suspend, terminate, or erase the User's accounts as necessary upon receiving any red flags from zk.me. Eclipse Fi will be indemnified against liability from Users affected by these actions, safeguarding them against any associated damage or losses.
Eclipse Fi reserves the right to use substitute KYC providers. The privacy policy and terms of use for substitute KYC providers will be available to Users to review prior to engaging with the substitute KYC provider.
6. THIRD-PARTY LINKS AND RESOURCES
If Our Websites contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that Eclipse Fi is not responsible or liable for: (i) the availability or accuracy of such Websites or resources; or (ii) the content, products, or Services on or available from such Websites or resources. Links to such Websites or resources do not imply any endorsement by Us of such Websites or resources or the content, products, or Services available from such Websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such Websites or resources. If You access a third-party Website or service or share Your Content on or through any third-party Website or service, You do so at Your own risk, and You understand that these Terms and the Privacy Policy do not Apply to Your use of such sites.
7. INITIAL DECENTRALIZED OFFERING (IDO)
Eclipse Fi provides a technology platform which permits issuers (“Projects”) of Tokens (“Project Tokens”) to transact directly with purchasers of the Tokens.
If you decide to purchase Project Tokens through the Website, that purchase (i) may be subject to additional terms you agree upon with the Project for the purchase and sale of the Project Tokens (the “Token Purchase Agreement”), (ii) may be required to provide additional user due diligence documents as requested, at the sole discretion of a Project (“Additional KYC”), and (iii) may be subject to limitations described on the Website, including, but not limited to, eligibility and sale restrictions, as determined and set forth by Eclipse Fi or the Project. Eclipse Fi will provide technological and administrative services to both You and the Project to facilitate that purchase. You acknowledge and agree that (A) Your purchase of the Project Tokens constitutes a separate agreement by and between You and the Project to which Eclipse Fi is not a party, (B) You must have carefully examined the terms and conditions and privacy policy of the respective Project before agreeing to it, and Eclipse Fi will not liable for any losses and/or provisions contained in those terms and conditions and privacy policy, and (C) Eclipse Fi shall not enforce the terms of any Token Purchase Agreements, and Your compliance therewith is Your responsibility.
Eclipse Fi has created an integration to allow you to transfer cryptocurrency tokens to a Wallet (the “Smart Contract”) that provides a means for You to purchase one or more Project Tokens from a Project using the Services (the “Token Sale”). As a result, in order to fund the Smart Contract and use the Services, You must (i) follow the procedures set forth on the Website to connect Your Wallet (the “Connected Wallet”) to Your account, and (ii) transact solely from the Connected Wallet. Eclipse Fi does not permit You to add Tokens to the Smart Contract through any other means or any Token Wallets other than the Connected Wallet.
You must transfer sufficient Tokens to the Smart Contract to facilitate payment for the Project Tokens You wish to purchase from a Project. The Eclipse Fi website will be used to facilitate (i) the transfer from the Smart Contract to the Project, the number and type of Tokens You agree upon with the Project in exchange for the Project Tokens, (ii) the transfer from the Smart Contract of Project Tokens to Your Connected Wallet, and (iii) other administrative matters such as execution of the Token Purchase Agreement, if any, between You and the Project, and confirming receipt and delivery of Tokens or Project Tokens, as applicable, by the Project and by You.
You acknowledge and agree that the Smart Contract will hold the Tokens You send to it on the applicable blockchain, which shall be chosen by Eclipse Fi in its sole and absolute discretion. While the Tokens that You transfer to the Smart Contract will be recorded by Eclipse Fi as owned by You, the Tokens transferred into the Smart contract may be commingled with the Tokens of other users of the Website.
You acknowledge and agree that You cannot purchase Project Tokens unless You (i) satisfy the requirements of any KYC requirements, (ii) execute the Token Purchase Agreement, if any, between You and the Project, and (iii) transfer the sufficient number of Tokens, as set forth on the Website at the time of purchase, in the amount You agreed to pay for the Project Tokens. If neither of the foregoing items (i) – (iii) have been satisfied, at the discretion of Eclipse Fi, Your purchase of the Project Tokens may be invalidated and the Project Tokens you wished to purchase may be allocated to other purchasers.
You agree and acknowledge that Project Tokens will generally be allocated on a “first come, first serve” basis.
You agree that You assume and bear the risk of any and all losses related to Your purchase of Project Tokens and that You have no right whatsoever to claim damages, specific performance, or compensation in any form from Eclipse Fi or its Associates related to Your purchase of Project Tokens. In the event of any discrepancy in the information reflected in the Smart Contract or elsewhere on the Website and information on the blockchain ledgerof Eclipse Fi , the blockchain ledger of Eclipse Fi shall be final and binding for all purposes, even if this results in losses to you.
Project Submissions. The Website contains content and materials (i) authored by or at the direction or request of a Project, including but not limited to, any of the foregoing prepared by any designee or representative of the Project, about, relating to or in connection with a Project Token and (ii) which is published or otherwise displayed on the Website (“Project Submissions”), none of which have been verified by Eclipse Fi for adequacy, accuracy or completeness. Eclipse Fi is not responsible for the legality, reliability, accuracy, and appropriateness of such content. Further, use of the information provided may be restricted by the Projects under any additional terms required by a Token Purchase Agreement, if applicable. You are personally responsible for verifying any information that You find on our website that You wish to rely on, whether for investment decisions or otherwise.
8.STAKING, LOCKING
Due to the high demand for participation in IDOs, Eclipse Fi has devised a tier-based lottery model (“
Cosmic Essence”) to determine eligibility to participate in Token Sales. Users agree to stake or lock Eclipse Fi’s token ‘
ECLIP’ using the Website in order to increase their likelihood of access to Token Sales.
By participating in staking or locking of ECLIP tokens you agree to the associated terms detailed at
https://docs.eclipsefi.io/.
Only staked or locked ECLIP will be counted towards your rank for IDO participation.
When unstaking / unlocking, there may be different withdrawal delay periods depending on your rank. The Company will not be liable for any loss caused or allegedly caused by timing differences and economic loss associated with the actual delivery of ECLIP. Eclipse Fi reserves the right to amend any terms related to any specific Staking program at any time in its sole discretion. Eclipse Fi will not be liable for any losses due to your misunderstanding of the Staking program terms and changes to such term's rules.
9. LIQUIDITY PROVISION (“FARMING”)
Users can earn both token-based rewards and increase their Cosmic Essence by providing liquidity to liquidity pool providers that are approved by Eclipse Fi.
By participating in liquidity pools you agree to the associated terms detailed at
https://docs.eclipsefi.io/ and the liquidity pool service provider’s terms of services (
https://astroport.fi/en/terms-and-conditions).
Liquidity pools are operated by third-parties. Eclipse Fi provides an interface on the Website for the User to interact with the third-party liquidity pool’s smart contact via their Wallet.
Eclipse Fi is not responsible or liable for the operation of third-party liquidity pool providers and is not liable for any losses.
10. FEES AND PAYMENTS
If You elect to interact with a Token provider, all transactions will be conducted solely through the relevant Blockchain Network. We will have no insight into or control over these payments or transactions, nor do We have the ability to reverse any transactions. With that in mind, We will have no liability to You or to any third party for any claims or damages that may arise as a result of any transactions that You engage in via the App, or using the Smart Contracts, or any other transactions that You conduct via the relevant Blockchain Network.
The relevant Blockchain Network typically requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the relevant Blockchain Network. The Gas Fee funds the network of computers that run the decentralised network. This means that You will need to pay a Gas Fee for each transaction that occurs via the App.
You may be subject to certain additional fees and commissions, including fees imposed by creators of tokens for accessing and utilising the tokens as notified to You by such creators. The Company also reserves the right to levy additional fees for access via the Smart Contracts, the Website or the App in the future. You agree to promptly pay all aforementioned fees and commissions.
Notwithstanding anything in these Terms to the contrary, You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on Our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with Your use of the App (including, without limitation, any Taxes that may become payable as the result of Your ownership or transfer of digital assets or interaction with any token provider, or relating to Eclipse FI).
11. YOUR REPRESENTATION AND WARRANTIES
You represent and warrant to Eclipse Fi on the date of Your acceptance or deemed acceptance of this Agreement and each day You utilize or access the Services, as follows that:
- You have the legal capacity to contract under Applicable Laws and that You have read, understood, and accepted these Terms.
- You are duly authorized to act on behalf of any legal entity using the Services and that such entity is validly existing under the Applicable laws of its jurisdiction.
- You understand that Eclipse Fi is a decentralized platform for providing smart contracts and other software tools.
- You acknowledge that you are NOT dealing with a crypto-asset service provider, virtual asset service provider, asset manager, brokerage, custodian, securities dealer or issuer, or equivalent under the applicable regulations. You should NOT use Eclipse Fi if you require such services or such a service provider.
- You acknowledge and agree that Eclipse Fi operates and administers the Website, but Eclipse Fi is not a counterparty to any purchase or sale of Tokens by and between You and any third party, including, but not limited to, the purchase of Project Tokens, Eclipse Fi has no financial responsibility or liability for any failure of Projects to honour their financial obligations. There is always a risk that Projects will renege, default, or otherwise fail to honour their financial obligations or will be unwilling or unable to abide by the terms of their agreements. In the event that risk materialises, you accept you will likely incur financial losses.
- You comprehend the associated risks with using the Website and Services and are not prohibited from using them by Applicable Laws.
- You will not use the Services to conceal proceeds of crime, facilitate terrorist financing, violate AML or CTF Laws, or engage in unlawful activities.
- You will only transact with Tokens that are legally obtained and belong to You.
- You will comply with all Applicable Laws, including AML, CTF, or Anti-Corruption Laws relating to the Services.
- You will not use Tokens in connection with the Services in violation of Applicable Laws, Economic Sanctions Laws, or AML, CTF Laws.
- You or Your Affiliates are not involved with Sanctioned Persons or Prohibited Jurisdictions.
- You have not engaged in corrupt practices in violation of Anti-Corruption Laws.
- You will provide accurate information to Eclipse Fi & KYC provider and promptly update any changes.
- Any Wallet used, apart from one provided by Eclipse Fi, is owned and controlled by You.
- Transactions made through Your credentials, authorized email address, or a Wallet are valid and binding.
- Your User Content does not infringe on third-party rights or breach Applicable Laws.
- The legality of holding Tokens, trading them, or buying or selling Tokens may not be clear and may vary under the laws of different jurisdictions throughout the world. This can mean that the legality of holding or trading Tokens, or buying or selling Tokens, is not always clear. Whether and on what basis a Token may constitute property, an asset, might vary from one jurisdiction to another. You are responsible for knowing and understanding how the laws apply to You or Your property with respect to the use of the Services.
- You understand markets for Tokens can at times become “illiquid,” which means there can be a scarcity of persons who are willing to trade at any one time. Thinly traded or illiquid markets have potential for increased risk of loss because they can experience high volatility of prices and in such markets market participants may find it impossible to liquidate market positions except at very unfavourable prices. There is no guarantee that the markets for any Token will be active and liquid or permit You to establish or liquidate positions in the Tokens when desired or at favourable prices.
- You understand and agree that Tokens transferred into a smart contract may be commingled with the Tokens of other users of the Site. Transferring Your Tokens into the smart contract exposes Your Tokens to risks of total loss from, among others things, security breaches from cyber attacks that hack and steal Tokens, electronic or technological failures that impede or prevent market access and market performance, recordkeeping errors, and any insolvency, bankruptcy, or material financial losses of or incurred by Eclipse Fi or any of its associates.
- Eclipse Fi reserves the right to freeze the smart contract in suspicious activities.
- Tokens and Wallets are subject to risks of loss, theft, or hacking.
12. NO REPRESENTATIONS AND WARRANTIES BY ECLIPSE FI
Eclipse Fi operates as a launchpad platform, providing access to various services through its Website and associated offerings. By using the Eclipse Fi Website and Services, You acknowledge and agree that Eclipse Fi makes no representations or warranties of any kind, whether express, implied, or statutory, regarding the accuracy, reliability, completeness, or suitability of the information, content, materials, services, or products provided through its platform.
To the maximum extent permitted by Applicable laws, Eclipse Fi disclaims all implied warranties, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Eclipse Fi does not warrant that access to its Website, services, or any associated materials will be continuous, uninterrupted, timely, or error-free.
Eclipse Fi does not make any representations or warranties regarding the results that may be obtained from the use of its services, the security of its Website or Services, or the accuracy or reliability of any information or content provided through its platform. Furthermore, Eclipse Fi does not endorse, guarantee, or assume responsibility for any third-party services, products, or Websites linked through its platform.
You acknowledge that any reliance on Our Services and content is at Your own risk. Eclipse Fi does not provide financial, legal, or investment advice, and You should seek professional advice before making any decisions based on the information provided through its platform.
13. AVAILABILITY OF THE SERVICE
The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that Your use of the Service is at Your own risk. We will not be liable to You if the Service (or any part of it) is unavailable at any time or for any period.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL ECLIPSE FI, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSET REFLECTED IN YOUR ECLIPSE FI ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH EITHER THE AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR SERVICES, OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF AN ECLIPSE FI REPRESENTATIVE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF ECLIPSE FI'S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATION OF LAW, OR EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ECLIPSE FI SHALL ALSO HAVE NO LIABILITY FOR ANY EMERGENCY AND UNFORESEEABLE INCIDENTS RELATED TO YOUR UTILIZATION OF THE SERVICES ON THE WEBSITE, SUCH AS INSTANCES INVOLVING STOLEN PRIVATE KEYS, COMPROMISED SEED PHRASES, OR HACKED ACCOUNTS. THIS EXEMPTION EXTENDS TO EVENTS THAT ARE BEYOND REASONABLE ANTICIPATION OR CONTROL.
SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF YOUR CREDENTIAL INFORMATION, LOSS OR INTERRUPTION OF TECHNOLOGY, AND LOSS OF USE OF SERVICE OR EQUIPMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECLIPSE FI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. ECLIPSE FI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, INCLUDING MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE, AND WILL NOT BE LIABLE FOR ANY LOSSES RELATING THERETO. ECLIPSE FI DOES NOT GUARANTEE THAT ANY ORDER WILL BE ACCEPTED OR EXECUTED.
15. PROHIBITED USE OF THE SERVICE
Personal Use Only: The Service provided by Eclipse Fi is exclusively intended for personal use by the User. Users are strictly prohibited from creating multiple accounts for collusive purposes or abusing the service in any way.
Exploitation and Bugs: Eclipse Fi provides the Service on an "as is" basis. Any attempt to exploit vulnerabilities or manipulate program logic and code (commonly known as bugs) is considered a Prohibited Use and a serious breach of this Agreement. Any misappropriated funds resulting from such actions will be considered null and void, immediately becoming the property of Eclipse Fi.
Restricted Jurisdictions: The Service is not available to individuals located in or residents of jurisdictions including, but not limited to, the United States of America, Alergia, Bangladesh, Bolivia, China, Ecuador, Egypt, Honduras, Iraq, Morocco, Nepal, North Korea, Qatar, Tunisia, Venezuela, where its use is prohibited ("Prohibited Jurisdictions"). This prohibition extends to citizens and residents of other nations while they are situated in a Prohibited Jurisdiction. Any attempt to circumvent these usage restrictions, including providing false information regarding location or residence, constitutes a breach of this Agreement. Any and all funds, including cryptocurrencies, owned by individuals located in Prohibited Jurisdictions within the Service may be confiscated or returned at the sole discretion of the counterparty with whom the User enters into an agreement.. Any transactions involving such funds will not be binding on Eclipse Fi.
16. REFERRAL PROGRAM
Eclipse Fi offers a referral program (the "Referral Program") that allows certain Users to refer new participants to Our Website in accordance with the following terms:
Eligibility: Participation in the Referral Program is subject to Eclipse Fi's discretion and may be extended to selected Users.
Notification by Eclipse Fi: Eclipse fi will notify the Users about the Referral Program by publishing on its Website.
Referral Procedure: Eligible Users may receive a unique referral link generated by Eclipse Fi. These Users can share this referral link with potential participants. When a new participant uses the referral link to engage in the Eclipse Fi platform and meets the specified criteria, both the referrer and the new participant may be eligible for referral rewards as outlined below.
Referral Rewards: Referral rewards will be determined by Eclipse Fi and communicated to eligible Users. These rewards may include, but are not limited to, tokens, benefits, discounts, or other incentives.
Qualifying Criteria: In order for both the referrer and the new participant to be eligible for referral rewards, the new participant must complete certain actions as specified by Eclipse Fi. These actions may include participating in specific activities, contributing tokens, or fulfilling other requirements.
Reward Distribution: Referral rewards will be distributed at the sole discretion of Eclipse Fi. The timing, amount, and method of distribution will be communicated to eligible Users.
Modification and Termination: Eclipse Fi reserves the right to modify, suspend, or terminate the Referral Program at any time and for any reason without prior notice. This includes changes to referral rewards, qualifying criteria, and other program details.
Abuse and Fraud: Any abuse, manipulation, or fraudulent activities related to the Referral Program will result in immediate disqualification of both the referrer and the new participant from receiving referral rewards. Eclipse Fi's decision in such matters is final.
Non-Transferability: Referral rewards are non-transferable and may not be exchanged for cash or any other form of value unless explicitly permitted by Eclipse Fi.
Additional Terms: Participation in the Referral Program is subject to the Eclipse Fi Terms and Conditions.
17. GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms of service shall be governed by and construed and enforced in accordance with the Laws of Panama. Any transaction, dispute, controversy, claim or action arising from or related to Your access or use of the Service likewise shall be governed by the Laws of Panama.
- If a dispute arises between Eclipse Fi and a User, the User will inform the Customer Service Department of Eclipse Fi on the following address: legal@eclipsefi.io along with his/her contact details and information required for Eclipse Fi to appreciate the origin and the implications of the dispute. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement.
- If the dispute is not settled amicably by the Parties then the Parties have right to settle any dispute arising out of or in connection with this Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The arbitration shall be the English language. The resulting award shall be final and binding on the Parties and shall be in lieu of any other remedy.
18. INHERENT RISK OF BLOCKCHAIN TECHNOLOGY AND DIGITAL TOKENS
By utilizing the Services, You represent Your understanding of inherent risks associated with cryptographic systems and acknowledge:
- Market fluctuations could significantly affect the value of Your virtual assets on Our Platform. Digital Tokens' value may increase or decrease due to market volatility, especially in the cryptocurrency market.
- We do not guarantee that Digital Tokens will maintain a specific value or market liquidity.
- Digital Tokens are not regulated by central banks or government authorities. Their value relies on technology and trust, without central regulation or safeguard measures.
- Regulatory inquiries or actions could impact the functioning of the Services and limit Your ability to trade Digital Tokens.
- Digital Tokens are controllable only with unique private keys. Loss of private keys leads to irreversible loss of access to Digital Tokens.
- You are responsible for assessing all risks before trading Digital Tokens and should seek professional advice
- Regulatory classifications vary; trading Digital Tokens may be restricted in certain jurisdictions.
- Cryptography advancements may present risks to cryptocurrencies and the Services
- Blockchain Applications are subject to flaws, and You are responsible for evaluating code and third-party content.
- The Services may be subject to cyber-attacks and hacking during transactions.
19. MISCELLANEOUS
- Entire Agreement: These Terms and any policies posted by Us on the Platform constitute the entire agreement and understanding between You and Us sets forth the entire agreement between the parties and supersedes any prior agreement or arrangements between the parties in connection with the Services.
- Maintenance of Website: Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that We, at Our sole discretion, may elect to take. Eclipse Fi will prior inform the Users about such maintenance service via Website. During these maintenance windows, You might experience temporary unavailability or reduced functionality of certain features on the Website. We strive to ensure that such interruptions are kept to a minimum and are scheduled during off-peak usage hours whenever possible. These maintenance activities are crucial to guarantee the optimal performance, security, and functionality of the Website.
- Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- Severability: If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future law: (a) such provision will be fully severable, (b) these Terms will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and (c) the remaining provisions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance.
- Successor and Assigns: This Agreement will endure to the benefit of Our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of the Company. The Company shall have the right to assign this Agreement and any of the rights granted herein, in whole or in part, to any person, firm, corporation or entity, without the consent of the User, and nothing contained herein shall imply anything to the contrary.
- Relationship: There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms or use of the Services.
- Force Majeure: We shall not be liable for delays, failure in performance or interruption of Services which result directly or indirectly from any cause or condition beyond Our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemics, other catastrophe or any other occurrence which is beyond Our reasonable control. These provisions shall not affect the validity and enforceability of any remaining provisions.
- Construction: The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof, shall not Apply.
- Survival: Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, among others, provisions related to payment obligation, indemnity, disclaimer, limitation of liabilities, intellectual property rights, Applicable law, dispute resolution and this Miscellaneous provision.
- Reporting: If You would like to report a vulnerability or have a security concern regarding Our Services, please e-mail at [security@eclipsefi.io].