DEXDAO —Terms of Use
Last updated: 06 November, 2023
1. General Provisions
These Terms of use are between you and “DEXDAO” - a decentralized autonomous organization deployed on Ethereum blockchain (also referred to herein as «we» or «us» as applicable). The following terms and conditions, together with the documents to which they expressly refer (collectively, these «terms of use» or «agreement») govern your access to and use of the web-site https://dexdao.app/, including any content, functionality and services provided on www.dexdao.app (hereinafter referred to as the «Site» or «Platform» or «Interface») as a guest or a user («you» or the «User»).
Please read the Terms of use carefully before you start using the Site.
By using any functions, services and functions of the Site, including when browsing the pages, the User declares that he has read, understood and agrees to be bound by the Terms of use, including all special conditions and rules mentioned in it, without any exceptions or reservations.
DEXDAO may amend this Terms of use from time to time. When such changes are made, Users are notified of such changes, for example, by sending notice posted on the Site, or by updating the revision date of this Agreement. Unless otherwise stated in the notice, the amended terms of the Terms of use shall take effect immediately.
Using the Site after making changes is considered the User's consent to the changes. In case of disagreement with the amended terms, the User must stop using the Site.
The location of content, format, functions and access rights to the Platform are determined at the discretion of DEXDAO.
DEXDAO reserves all rights not expressly granted in this Agreement. Users are prohibited from using the Platform in any way not expressly permitted by this Terms of use.
If you have any questions regarding the provisions of this Agreement, please contact us by feedback@dexdao.app
We have prepared detailed instructions on the Platform usage: “DEXDAO User Manual” will guide you through the major functions, applicable fees and listing process: https://landing.dexdao.app/manual
This manual may be gradually updated with new explanations, so periodically check it in order to fully understand the processes taking place inside the service.
The Site uses underling software «DEXDAO Smart-contracts» owned by DEXDAO with its source code audited by “Pessimistic” (the “Software”). The report is available at:
https://github.com/pessimistic-io/audits/blob/main/Dexdao%20Security%20Analysis%20by%20Pessimistic.pdf
The Software is designated to function on a variety of pubic blockchain platforms developed by third-parties subject to their terms and conditions.
2. Definitions
3. Eligibility to use the Platform
Our Interface is NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the United States of America or any Prohibited Localities, namely Restricted Persons, as defined below. We do not make exceptions. If you are a Restricted Person, then do not attempt to access or use the Interface. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Interface is prohibited.
Prohibited Localities. DEXDAO does not interact with Wallets located in, established in, or a resident of Myanmar (Burma), Côte D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Donetsk oblast, Luhansk oblast, Zaporizhia oblast, and Kherson oblast, Democratic Republic of Congo, Iran, Iraq, Libya, the Luhansk People’s Republic, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe or any other state, country or region that is included in the Sanction Lists.
By using or accessing the Interface, you represent to us that you are not subject to the Sanction Lists and you are not a Restricted Person, as defined below. “Sanction Lists” means any sanctions designations listed on economic/trade embargo lists and/or specially designated persons/blocked persons lists published by the international organizations, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the lists of United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.
Restricted Persons. DEXDAO does not interact with Wallets, which have been previously classified or otherwise identified by international organizations or any state and governmental authorities of any jurisdiction, as belonging or affiliated with the persons specially designated or otherwise included in the Sanction Lists (“Restricted Persons”). For the purposes of these Terms, Restricted Persons shall also include all persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the Prohibited Localities.
Non-Circumvention. You agree not to access the Interface using any technology for the purposes of circumventing these Terms. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.
We make no representations or warranties that the information, products, or services provided through our Interface, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Interface in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction.
We reserve the right to limit the availability of our Interface to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
4. Your use of Services
4.1 DEXDAO is a web-interface that assists you to create and perform the exchange offers within the liquidity pools of tokens supported by the Site. It also allows you to list the WLP of your DAO and distributes the trading fees to various types of users.
The Platform does not require pre-registration and provision of any personal data apart from your Wallet address. The Site’s functionality is available to the User after completing connecting the Wallet to the Platform.
For more details on the Platform functional please see “DEXDAO User Manual” that will guide you through the major functions, applicable fees and listing process: https://landing.dexdao.app/manual
4.2 Our Services only provide you with the relevant software interface that helps you to form and broadcast transactions to a specific blockchain («Interface»). We neither have control over your interactions with the blockchain nor encourage you to perform any. All interaction performed by you via the Interface remains your sole responsibility. We do not control your blockchain interactions and cannot reverse an interaction after it occurred. We do not have access to your private key and cannot initiate an interaction with Digital assets. We are not responsible for any activities that you engage in when using your wallet, or the Interface.
4.3 You understand and agree that you may be required to complete Know Your Client (KYC) and Know Your Business (KYB) checks through a third-party provider to access certain products and/or features. Your refusal to provide requested information may result in access restrictions.
4.4 You specifically understand and hereby represent your acknowledgement of the following:
The pricing information data provided through the Site does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Interface;
The Interface does not act as an agent for any of the users;
The Interface does not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation;
You are solely responsible for reporting and paying any taxes applicable to your use of the Interface;
Interface may include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Interface or relevant tools are your sole responsibility;
We do not check the truthfulness and validity of data published by our users at their Token pages.
If you are dealings with any third parties, you expressly relieve us of any and all liability arising from those relationships.
4.5 You are responsible for maintaining the confidentiality of your Wallet login information (i.e. private keys) and are fully responsible for all activities that occur under your account. If you lose, mishandle or have your private keys stolen, you acknowledge that you may not be able to recover associated digital assets and that we are not responsible for such loss.
4.6 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 Interface. 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 expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
5. Underling software
5.1 The Platform uses the following open-source software to carry out the Services:
DEXDAO smart-contracts security audit by “Pessimistic”:
XDAO smart-contracts to withdraw the Reward, LP mint and to pay the listing application:
https://docs.xdao.app/xdao-info/smart-contracts
Uniswap smart-contracts for the liquidity pools creation and trading activities:
https://docs.uniswap.org/contracts/v3/overview
https://docs.uniswap.org/concepts/overview
1inch limit orders protocol:
https://1inch.io/limit-order-protocol/
1inch UnoswapRouter:
https://docs.1inch.io/docs/aggregation-protocol/smart-contract/UnoswapV3Router/
5.2 The Platform uses the following system of DAOs:
“DEXDAO” to collect ¼ of the Platform’s Trading fees. That DAO is used for the financing of development of the Platform.
“DEXDAO” has its own GT, which is used to exercise control over that DAO and make on-chain operations.
“Manager DAO” network is used for the initial collection of Trading fees and their subsequent distribution between the entitled users. Each supported blockchain network has 1 dedicated Manager DAO to achieve those goals.
5.3 To operate the Interface and facilitate your access to its products and/or features, we may engage third-party providers and/or third-party API, which DEXDAO has no direct or indirect control over (“Third-Party Services”). The Third-Party Services are governed by their respective terms and conditions. Such terms and conditions may include separate fees and charges, as well as disclaimers and/or risk warnings on the accuracy of the information or the services of such a provider. These terms may also include a privacy policy that differs from the privacy policy that is incorporated by reference herein. It is your sole responsibility to read carefully and make sure that you understand those Third-Party Services terms and conditions, including how those service providers may use your information according to their respective privacy policies.
You agree and understand that the functionalities accessible via the Interface that allows you to swap virtual currencies are not provided directly by us and are the only responsibility of the third-party providers, including respective active third-party providers. Although we facilitate your access to the Third-Party Services, we by no means are responsible for them and take no part in any actions, transactions, or other activities conducted by such providers. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Service at any time without notice.
5.4 Blockchain Networks Transactions. In order to be completed, all transactions with Digital assets must be confirmed and recorded in the associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Blockchain Networks and, therefore, cannot and do not ensure that any transaction details that you submit via the Interface will be confirmed and processed. By using the Interface, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Blockchain Networks.
We do not store, transfer, transmit, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Digital asset, security, financial instrument, or other digital or physical asset and all the interactions are performed on the third-party platforms, subject to any associated third-party terms. Any transfer that occurs in any virtual currency occurs on the Blockchain Network and not on a network owned by us. We therefore do not guarantee that we can affect the transfer of title or right in any Digital asset. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any virtual currency transaction initiated via the Interface. We strongly encourage you to review your transaction details carefully before attempting to transfer a virtual currency.
Completion of transactions that you instruct for through the Interface also depends on the availability and operation of the Blockchain Networks. Errors or forks in the Blockchain Networks may cause transactions that you initiate through the Interface to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Unfortunately, due to the decentralized nature of the Blockchain Networks, there is no one single point of failure, and so neither we nor any particular party will be responsible to you for errors or any losses that you suffer as a result.
6. Intellectual property rights
DEXDAO grants the User a revocable, limited, royalty-free, non-exclusive, non-transferable and non-sublicensable license to access and use the Platform using Internet-enabled computers or devices.
DEXDAO does not transfer ownership or intellectual property rights in any intellectual property to you or anyone else.
All text, graphics, user interfaces, visual interfaces, photographs, sounds, flowchart processes, computer codes, programs, software tools, information and documents, and the design, structure, selection, coordination, expression, appearance and layout of any content posted on the Site (the «DEXDAO Content») are the exclusive property of DEXDAO protected by the international copyright. You agree not to modify, copy, distribute, transmit, share, display, reproduce, publish, license, create derivative works from, transfer, sell or resell any DEXDAO Content, received from DEXDAO or through DEXDAO, without the permission of DEXDAO.
You will not upload, post or otherwise make available on the Site or through the Services any material protected by copyright, trademark or other proprietary right without the express permission of the copyright, trademark or other proprietary right owner. You will indemnify DEXDAO and its officers, directors, employees and agents for any claims by third parties for infringement of copyrights, trademarks, proprietary rights or any other damages resulting from such submission by you.
DEXDAO name and all related names, logos, product and service names, designs and slogans are trademarks of DEXDAO or its affiliates or licensors. You must not use such marks without the prior written permission of DEXDAO. All other names, logos, product and service names, designs and slogans on this Site are trademarks of their respective owners.
7. Delisting and termination
DEXDAO reserves the right to deny Services to any user at its sole discretion unless bound by another written contract given that the User funds are safe and available to withdrawal with no or the least possible damage unless there is a legal provision that prescribes otherwise.
DEXDAO may delist a Trading pair (i.e. remove it from the Interface) at its sole discretion. The most probable reasons are: possible scam and regulatory troubles. Before the delisting, we will send a notification 7 to 30 days in advance to the creator of the Trading pair and Governance Managers.
DEXDAO may conduct risk-assessment by using Third-Party Services to monitor wallet addresses and/or other content for non-compliant behavior based on publicly available information. We reserve the right to block or restrict access of the wallet address associated with such illicit activity. We hold no liability for such assessment, restriction, results, or accuracy of the Third-Party Services. We may provide phishing risk alerts through the Interface, but we do not guarantee their accuracy or reliability. You are responsible for assessing their applicability, and we are not liable for any claims or losses related to these alerts.
DEXDAO may suspend, restrict, or terminate your access to any or all of the Services if so, required by a valid subpoena, court order, or mandatory government order;
and/or we reasonably suspect that you use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
and/or we reasonably suspect that you are using the DEXDAO service in connection with a prohibited use or business;
and/or use of your account is subject to any legal proceeding, investigation or governmental proceeding;
and/or we believe that there is an increased risk of non-compliance with legal or regulatory requirements associated with your use of the Services;
and/or our service partners cannot support your use;
or you violate one of the documents: Terms of use, Privacy Policy.
8. Limitation of Liability
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE QUALITY OF THE SERVICES AND ASSOCIATED SOFTWARE (ON-CHAIN AND OFF-CHAIN) WHETHER IN TERMS OF FUNCTIONALITY, RELIABILITY, USABILITY, EFFICIENCY, MAINTAINABILITY, HARDWARE COMPATIBILITY, CONTINUOUS AND ERROR-FREE OPERATION, COMPLIANCE WITH THE REQUIREMENTS OR SPECIFIC BUSINESS GOALS ETC.
YOU ACKNOWLEDGE THAT YOUR DATA ON THE SITE OR THROUGH THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE.
IN NO EVENT YOU WILL HOLD US LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION INTANGIBLE DAMAGES, DAMAGES FOR LOSS OF DATA, LOSS OF FUNDS OR GOODWILL OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES OR INABILITY TO USE THEM EVEN IF DEXDAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU WILL DEFEND, INDEMNIFY, AND HOLD US HARMLESS AND OUR AFFILIATES’ RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS FROM ANY CLAIM, DEMAND, LAWSUIT, ACTION, PROCEEDING, INVESTIGATION, LIABILITY, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR CONDUCT IN CONNECTION WITH, THE SITE AND SERVICES; YOUR VIOLATION OF THESE TERMS; YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS; OR YOUR INFRINGEMENT OR MISAPPROPRIATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY.
In case if the applicable law does not allow the exclusion or limitation of liability to the extend described our liability in such states is limited to the extent permitted by law.
DEXDAO does not check the projects created on the XDAO platform and is not responsible for the activities of the created DAO projects to its creators, participants, the state and third parties with whom the DAO project has any legal relationship.
We do not own or control the underlying software protocols that are used in connection with the supported blockchain networks. In general, the underlying protocols are open-source and anyone can use, copy, modify, and distribute them. We are not responsible for the operation of the underlying protocols and make no guarantee of their functionality, security, or availability.
We have no control over any distributed ledger technology transactions and payments. You must ensure that you have a sufficient balance of the applicable network tokens stored at your wallets to complete any blockchain transaction before its initiation.
You understand that the markets for cryptocurrencies and digital assets are highly volatile. You acknowledge that the cost and speed of transacting with blockchain-based systems are variable and may increase or decrease, respectively, drastically at any time. You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with the blockchain protocols and cannot be held liable for any resulting losses that you experience while accessing or using the Interface.
The Parties are exempted from liability for failure to perform or improper performance of their obligations under this Agreement in the event of force majeure circumstances that directly or indirectly impede the execution of this Agreement, i.e. circumstances that are independent of the will of the Parties that they could not had been foreseen at the time of conclusion of the Agreement and prevented by reasonable means when they occur (force majeure).
9. Privacy Policy
The processing of personal data of users is regulated by the Privacy Policy published on the website.
DEXDAO does not store or process any personal data apart from which you willfully shared on your DAO page with the exception of your Wallet address or data you communicated during the Trading pair listing application. However, when sending messages to us by e-mail and messengers, DEXDAO may process your personal data based on the Privacy Policy that you accept when you start using the service.
10. Governing Law and Dispute Resolution
Any disputes, disagreements, claims arising out or in connection with the Services and this Terms of use shall be submitted to the sole arbiter chosen jointly by the Parties, or in the absence of the consensus, to the arbitration tribunal of three arbiters, which is formed as follows: each Party provides 1 arbiter ready to consider the dispute, who shall jointly select the third arbiter. The language of the proceedings shall be English. Applicable substantive law: lex mercatoria. Applicable procedural law: UNCITRAL Arbitration Rules (2021). Seat of the tribunal: online using electronic means of communication. The dispute shall be resolved by majority vote of the arbiters or unanimously. The Parties undertake to voluntarily comply with the arbitration award, which is final. Each Party shall independently pay for the services of its chosen arbiter. The services of the arbiter elected jointly shall be paid equally by the Parties. If one of the Parties does not nominate its arbiter within 30 days after receiving the relevant notice on starting arbitration proceeding, or the Party’s arbiter refuses to participate in the proceedings, the dispute may be resolved by a sole arbiter proposed by the Party.
Since the Platform is an unincorporated DAO, the following procedure shall be used to appoint the legal representative of the Platform to represent it before the arbiter(s) and propose the arbiter on behalf of the Platform: the blockchain vote of the current DEXDAO GT holders that allows to determine the personality of the representative (majority vote).
The Platform agrees to use the email address mentioned below to receive all notifications in connection with the arbitration proceedings.
The Parties agree to conduct a mandatory pre-trial dispute resolution procedure by sending a claim to DEXDAO's e-mail address: feedback@dexdao.app. At least 30 days shall pass from the initial claim being sent and the start of the arbitration procedure.
No Class Arbitrations. You agree that any dispute is personal to you and DEXDAO and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
11. Miscellaneous
Entire Agreement. These Terms (and any additional terms, rules and conditions of participation that may be posted on the Site) including the Privacy Policy constitute the entire agreement with respect to the Interface and supersedes any prior agreements, oral or written.
Survival. Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
Severability. If any provision of this agreement is found invalid or unenforceable under applicable law, it shall be modified to the minimum extent necessary to make it valid and enforceable or, if it cannot be made valid and enforceable, it shall be severed and deleted from this Agreement. The change shall not affect the validity of the amended provision or the validity of any other provision of this agreement, which will continue in full force and effect.
No waiver. A party’s failure or delay in enforcing any provision of this Agreement will not operate as a waiver of the right to enforce that provision or any other provision of this Agreement at any time. A waiver of any provision of this Agreement must be in writing, specify the provision to be waived and signed by the party agreeing to the waiver.
Decentralized Autonomous Organizations (DAOs). We may interact with and/or provide access to the Interface products and/or features to DAOs deployed by XDAO platform. To the extent that the DAO votes in favor of any decisions concerning the Interface and/or access and use of any Interface products and/or features, the DAO and all its members has acknowledged, agreed and accepted these Terms, including any terms and conditions incorporated herein by reference.
Notices. Any notice given under or in relation to this agreement to the User can be made by publishing it at the Site. Any notice made by the user can be sent to e-mail given in the Contact details section.
12. Contact details
“DEXDAO”
Ethereum network
Address: 0xa481d26caf265bb198ad1856e6db0db67e63bcad
Email: feedback@dexdao.app
Links: https://link3.to/dexdaoapp
Discord: https://discord.gg/dexdaoapp