To access or use any of our Products, 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 (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity.
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) (collectively, a "Sanctioned Person") or (b) a resident, citizen or agent of, or organized in, and do not have a registered office in, a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States (collectively, "Restricted Territories"). You further represent that you do not intend to transact with any Sanctioned Person or any person present in a Restricted Territory.
Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws, rules and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity. If use of our Products is not permitted in your jurisdiction, you may not attempt to use any of our Products. Use of a Virtual Private Network ("VPN") or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any such jurisdictional restrictions is prohibited.
1. Our Products
1.1 The Interface
The Interface provides a web or mobile-based means of access to a decentralized protocol on various public blockchains, including but not limited to Ethereum, that allows users to transfer and swap certain compatible digital assets (the "Across Protocol" or the "Protocol") between various public blockchains.
The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol itself comprises open-source or source-available self-executing smart contracts that are deployed on various public blockchains. Chainix does not control or operate any version of the Protocol on any blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When users pay fees for trades, those fees accrue to liquidity providers and relayers for the Protocol. As a general matter, liquidity providers and relayers are independent third parties.
To access the Interface, you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that wallet provider. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.
1.2 Other Products
We may from time to time in the future offer additional products, and such additional products shall be considered a Product as used herein, regardless of whether such product is specifically defined in this Agreement.
1.3 Third Party Services and Content
When you use any of our Products, you may also be using the products, services or content of one or more third parties. This includes possible integrations of our Products with those of third-parties. Your use of such third party products, services or content may be subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, as applicable.
Certain features of the Products are enabled or "powered by" third-party application programming interfaces, services, or other features (each, a "Provider," and such features, "Provider-Powered Features"), which may include functionality supplied by decentralized exchange routing, quoting, or settlement providers. By accessing or using any Provider-Powered Feature, you acknowledge and agree that: (a) you are also bound by the then-current terms of service and privacy policy of the applicable Provider (collectively, "Provider Terms"); (b) your first use of a Provider-Powered Feature constitutes your agreement to the Provider Terms; and (c) Chainix is not a party to, and has no responsibility or liability for, the Provider Terms. You, and not Chainix, will be responsible for any and all costs and charges associated with your use of any Provider-Powered Features or other third-party services.
Chainix may enable these features and services merely as a convenience and the integration or inclusion of such services does not imply an endorsement or recommendation. Chainix has no control over and is not responsible for such Provider-Powered Features or third-party services, including for the accuracy, availability, reliability, or completeness of information shared by or available through these features or services. Any dealings you have with third parties while using our Products are between you and the third party. Chainix will 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 Provider-Powered Features or third-party services.
Some Providers may provide us with access to certain information that you have provided to third parties, and we will use, store and disclose such information in accordance with our Privacy Policy. Chainix has no control over and is not responsible for the privacy practices of these Providers. If you have any questions regarding how a Provider may process your personal information, we encourage you to review the privacy policies of the third parties providing these features prior to using such services. Current Providers include, without limitation, Uniswap Labs.
1.4 API Integrators
If you integrate or access any Chainix API, software development kits, or developer tooling ("Chainix API") to provide functionality to your end users:
- Binding Terms: Before enabling any end-user access to functionality powered by the Chainix API, you must ensure such end users expressly agree to legally binding terms and a privacy policy no less protective of Chainix than these Terms and the Chainix Privacy Policy.
- Enforcement:You must incorporate these Terms by reference into your end-user terms and enforce them for Chainix's benefit upon request (including suspending or revoking access for violations).
- Attribution & Accuracy: Where data, routes, or quotes are supplied by Chainix, you must clearly attribute such outputs (e.g., "Powered by Chainix") and must not modify quotes or call-data in a manner that could mislead users.
- Security & Compliance: You must maintain appropriate technical and organizational measures to protect API keys and data, and comply with all applicable laws.
- Suspension:Chainix may, in its sole discretion, suspend your or your users' API access where continued use poses security, legal, or compliance risks.
2. Modifications of this Agreement or Our Products
2.1 Modifications of this Agreement
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement on our website. All modifications will be effective when they are posted, and your continued accessing or use of any of the Products will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using all of our Products.
2.2 Modifications of Our Products
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate, restrict or add to any of the Products; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products; (c) to disable or modify access to the Products at any time in the event of any breach of these Terms.
You acknowledge, understand, and agree that, from time to time, our Products may be inaccessible or inoperable for any reason, including: (i) equipment or technology or other infrastructure delay, inaccessibility, or malfunctions; (ii) periodic maintenance procedures or repairs that Chainix or any of our suppliers or contractors may undertake from time to time; (iii) causes beyond Chainix's control or that Chainix could not reasonably foresee; (iv) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (v) unavailability of third-party service providers or external partners for any reason.
Without limitation of any other provision of these Terms, Chainix has no responsibility or liability for any losses or other injuries resulting from any such events.
3. Intellectual Property Rights
3.1 IP Rights Generally
As between you and Chainix, we own all intellectual property and other rights in and to each of our Products and its respective contents, including, but not limited to, software (including in the Interface), text, images, trademarks, service marks, copyrights, patents, designs, and any Product's "look and feel." This intellectual property is made available to you under the terms of this Agreement.
Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement.
By using any of our Products, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content that you post on or through any of our Products for our business purposes, including to provide, promote, and improve the services. You grant to us a perpetual, irrevocable, fully-paid, royalty-free license to use, copy, modify, and create derivative works based upon any suggestions or feedback you provide.
You understand and acknowledge that the Protocol is not a Product and we do not control the Protocol.
3.2 Third-Party Resources and Promotions
Our Products 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. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources, you do so at your own risk, and you understand that this Agreement does not apply to your relationships with any third parties.
4. Your Responsibilities
4.1 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 Interface:
- Intellectual Property Infringement: Activity that violates any copyright, trademark, patent, or other proprietary rights.
- Cyberattack: Activity seeking to compromise the proper functioning of computer systems, networks, or devices (e.g., viruses, denial of service).
- Fraud and Misrepresentation: Activity seeking to defraud us or other users, including providing false or misleading information.
- Market Manipulation: Trading tactics designed to disrupt or abuse the Interface markets (e.g., wash trading, front-running, rug pulls).
- Sale of Stolen Property: Transferring or transacting in stolen or illegally obtained digital assets.
- Circumvention: Bypassing content filtering, security measures, geographic restrictions, or VPN bans.
4.2 Trading
You agree and understand that all trades you submit through any of our Products are considered unsolicited and initiated solely by you. We do not provide investment advice or conduct suitability reviews.
4.3 Non-Custodial and No Fiduciary Duties
Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. You are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. Chainix has no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer.
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you agree that we owe no fiduciary duties or liabilities to you or any other party.
4.4 Compliance and Tax Obligations
You are solely and entirely responsible for compliance with all laws and regulations that may apply to you in your jurisdiction. It is your responsibility to determine whether taxes apply to any transactions you initiate and to report and/or remit the correct tax to the appropriate tax authority.
4.5 Gas Fees
Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). You will be solely responsible to pay the Gas Fees for any transaction that you initiate via the Products.
4.6 Release of Claims
You expressly agree that you assume all risks in connection with your access and use of any of our Products. You further expressly waive and release us from any and all liability, claims, or damages arising from your use of the Products.
5. Disclaimers
5.1 Assumption of Risk -- Generally
Chainix is a developer of software. Chainix does not operate a digital asset or derivatives exchange platform and has no involvement or control concerning your transactions using the Products. All transactions are executed peer-to-peer directly through decentralized smart contracts.
By accessing and using our Products, you represent that you understand the inherent risks associated with cryptographic and blockchain-based systems. We do not own or control the underlying software through which blockchain networks are formed. Cryptographic transactions are irreversible when confirmed, and the cost and speed of transacting can vary dramatically.
We are not responsible for any of these variables, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using our Products.
5.2 No Warranties
Each of our Products is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory. We do not represent or warrant that access to any of our Products will be continuous, uninterrupted, timely, or secure.
Similarly, the Protocol is provided "as is" without warranties of any kind. Upgrades and modifications to the Protocol are managed in a community-driven way by holders of the acx governance token. No developer or entity involved in creating the Protocol will be liable for any claims or damages whatsoever associated with your use or interaction.
5.3 No Investment Advice
All information provided by the Products is for informational purposes only and should not be construed as investment or financial advice.
6. Indemnification
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 Products; (b) your violation of any term of this Agreement; (c) your infringement of the intellectual property of any other person or entity; and (d) any dispute between you and any other user of the Products.
7. Limitation of Damages and Liability
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, fiat, revenue, opportunities, or other intangible property, arising out of or relating to your use or inability to use the Products.
In no event shall our total liability to you for all damages exceed the amount of one hundred U.S. dollars ($100.00 USD) or its equivalent in local currency.
8. Governing Law, Dispute Resolution and Class Action Waivers
8.1 Governing Law
You agree that the laws of the State of New York, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (FAA).
8.2 Dispute Resolution
We 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 dm@tusharsoni.com. If we aren't able to reach an informal resolution within sixty days of your email, then the dispute shall be finally and exclusively settled by binding arbitration under the JAMS Optional Expedited Arbitration Procedures.
Any claim arising out of or related to these Terms or the Products must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.
8.3 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 class action, private attorney general action, or other representative proceeding. You and we both agree to waive the right to demand a trial by jury.
9. Miscellaneous
9.1 Entire Agreement
This Agreement (including the Privacy Policy and any other terms incorporated by reference) constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings, agreements, or communications.
9.2 Severability
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, such provision will be modified or eliminated to the minimum extent necessary, and the remaining provisions of the Agreement will continue in full force and effect.
9.3 No Waiver
Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision in that or any other instance.
9.4 Assignment
You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may freely assign or transfer this Agreement and our rights and obligations hereunder without restriction or notice.