User Terms v.2 (2024-12-03)

Scope

These terms and conditions ("Terms") apply to your ("you" or "User") access and use ("use") of the website available on [URL] ("Website") and (if any) all related content, features and tools (collectively "DeFiScan"). DeFiScan is administered and maintained by the DeFi Collective, a non-profit organization to further the decentralization of financial infrastructure ("Collective"), with the support of the DeFi community.

Please read these Terms carefully. They contain important information regarding the use of DeFiScan, important disclaimers, limitation of liability, intellectual property rights and submission to jurisdiction. Each time you use DeFiScan by any means, you irrevocably agree to these Terms in the then-applicable version, and you may not (continue) to use DeFiScan if you do not agree to these Terms in full and without limitation.

DeFiScan; Important Disclaimers

DeFiScan is an open platform providing information about the decentralization of third-party DeFi protocols ("Protocols"), including decentralization reviews ("Review(s)") as well as other content, features and tools (collectively "Content"). DeFiScan is provided as a freely available public good to further decentralization in DeFi by creating a common understanding and individualized measurement of decentralization in Protocols.

You understand and acknowledge that:

  • Informational purposes only: DeFiScan and all Content is provided solely for informational purposes.
  • No representations or warranties; no guarantees: Neither the Collective nor individually its directors or contributors or any of the authors of the Reviews represent or warrant, and they do not make any guarantees of any sort (explicit or implicit) with respect to, any element of DeFiScan or any of the Content, including but not limited to any warranty or guarantee of accuracy, free from error, completeness, timeliness, actuality, relevance, suitability for any particular purpose or availability at all times. DeFiScan and all Content is strictly provided "as is" and "as available".
  • Content may be wrong, incomplete or outdated at any time: Any of the Content may, at any time, be wrong, incomplete or out of date. The Collective has no obligation to keep the Content up to date and may not do so.
  • No endorsement or recommendation of any particular Protocol: Any Content, particularly the Reviews and decentralization scores assigned in connection with the Reviews, purely represent the opinion of the Collective and the individual authors about the decentralization of a Protocol based on the publicly available decentralization framework of the Collective, which may itself be incomplete, contain errors, or be out of date. None of the Content intends to be any sort of endorsement or recommendation to use, participate in, invest in or in any other way engage with a Protocol or any associated token.
  • No tool for individual (financial or non-financial) decisions to interact with DeFi: DeFiScan does not, and does not intend to, make any statement about any other element of any Protocol other than its decentralization status under all limitations and restrictions as outlined in the Content and the Reviews. DeFiScan is not, and does not intend to be, a tool to assess economic viability, prospect and risk, technical security, legal or regulatory nature and risk or any other element or risk whatsoever of Protocols (and particularly the related tokens) or a tool to base your decision on to interact with a Protocol. In particular, the decentralization score assigned in connection with the Reviews does not make any statement whatsoever with regard to any of the aforementioned elements and risks. You acknowledge and understand that DeFi is inherently risky on various levels and that centralization vectors (as DeFiScan is concerned with) are only of many risks in connection with using DeFi which are not in any way assessed or addressed by DeFiScan.
  • No advice: Neither DeFiScan nor any of the Content constitutes technical, economical, financial, investment, legal or tax, or any other sort of advice to Users.
  • Content may be provided by or in collaboration with third-parties, including Protocols: Some of the Content may be provided directly by third-parties. The Collective is not liable or responsible in any way for such Content (please also see below). Some of the Content, particularly the Reviews, may be provided in collaboration or acknowledgment with third-parties, which may include the Protocols.

You furthermore understand and acknowledge that DeFi technology in particular, and smart contracts, blockchains, cryptographic tokens, and related systems and software in general, are nascent, highly experimental, risky, and subject to constant change. The Collective aims to further the public understanding of these technologies, but is not here to give you advice or offer you any services of any sort. You are solely responsible for any of your use of such technologies and we strongly recommend anyone to thoroughly understand the risk associated with the use of such technologies before engaging with them. Do your own research.

Limitation of liability; indemnification

Limitation of liability: To the maximum extent permitted by applicable law, the Collective and its directors and contributors are not liable for any sort of direct, indirect, consequential or any other sort of damages of a User arising out of or in connection with DeFiScan. It is re-emphasized that DeFiScan is provided as a free public good to educate the DeFi Space, but that no User should base any individual (financial or other) decisions on any of the Content, and that the Collective or any individual director or contributor cannot be held liable should Users do so.

Indemnification: To the maximum extent permitted by applicable law, you agree to indemnify and hold the Collective, its directors and contributors (each individually and collectively) harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees or penalties imposed by any regulatory authority) arising out of your breach of these Terms, your violation of any law or regulation or your use of the DeFiScan or any claim that any Content provided by you to the Collective in connection with DeFiScan caused damage to, infringed upon, misappropriated or otherwise violated the rights (including intellectual property rights) of any third party. The Collective reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will, at your own expense, fully cooperate with the Collective in asserting any available defenders and in the conduct of such defense.

Prohibited use

In connection with your use of the DeFiScan, you agree that you will not and will not attempt to or assists others in doing or attempting to:

  • Violate any law, statute or regulation;
  • Defraud, mislead or similar the Collective or any other user;
  • Provide false, inaccurate, or misleading information;
  • Transmit or upload any virus or other malicious software;
  • Attempt to gain unauthorized access to any part of DeFiScan or any property or assets of the Collective or any other user;
  • Defame, harass, or violate the privacy, intellectual property rights or the public standing of the Collective or any other user;
  • Upload, display or transmit any content that contains illegal material or copyrighted material to which you do not have the respective rights to;
  • Use or introduce to DeFiScan any data mining, crawling, scraping, robot or similar automated or data gathering extraction method;
  • Restrict or interfere with access or use of the DeFiScan

Limited license; intellectual property; community generated content and feedback

Limited license for User: Subject to these Terms and your full compliance therewith, you are granted a limited, personal, non-exclusive, non-commercial, non-sublicensable, at any time revocable by the Collective at its sole discretion and non-transferable license to use DeFiScan and the Content, in each case solely for your personal use and only in line with the limitations outlined in these Terms, particularly the Disclaimer above. You particularly agree not to use DeFiScan or the Content for any commercial purpose or as a basis for any (financial or non-financial) decisions to use, participate in, invest in or in any other way interact with any of the Protocols. Except for the foregoing license, you have no other rights to DeFiScan or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit DeFiScan or the Content in any manner.

Intellectual property of the Collective: DeFiScan and the Content may involve works protected under applicable intellectual property legislation, particularly copyright legislation. Other than the limited license outlined above, the Collective (or, where applicable, third-parties) retain all rights, titles and interests to any of the intellectual property, including copyrights, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("IP Rights") in any way related to DeFiScan and nothing in these Terms or the wider communication of the Collective with respect to the DeFiScan should be understood as an assignment of any IP Rights or any license other than what is outlined in the section above to any User.

User Generated Content; assignment of rights to the Collective: Users, including Protocols, may make feedback and other content generated by such Users (particularly including Reviews, collectively such content the "User Generated Content") available to the Collective, to be used by the Collective directly on the Website or to be integrated as part of the Content. By submitting or in any way making available User Generated Content to the Collective, the respective User thereby irrevocably assigns and transfers to the Collective all right, title and interest, whether or not protected by intellectual property legislation such as copyright laws, relating to the User Generated Content, in particular with respect to any software, source code, tools, documentation, know-how, databases, inventions, processes, overviews and similar, free of charge unless explicitly specified otherwise by the Collective. This assignment of rights includes all assignable rights, including the right to first-time publication, application, distribution, amendment, and adaptation. It continues to apply without limitation after any termination or amendment of these Terms. The respective User warrants that the respective User is authorized to concede, assign, transfer and grant all rights stated in this clause and that no third party intellectual property rights will be infringed by any action considered herein. The respective User agrees to fully indemnify the Collective against all damages, costs (including reasonable attorney fees) and third party claims arising from a breach of the aforementioned warranty. To the extent certain jurisdictions do not provide for the assignability of all rights stated in this clause, the respective User thereby grants the Collective a worldwide, irrevocable, exclsuive, transferable, sub-licensable, royalty-free, unlimited and unrestricted license to use, modify, develop and exploit such rights in any conceivable way and medium. To the extent not all rights stated in this clause can be assigned or licensed to the Collective due to mandatory legal provisions, the respective User thereby waives all such non-assignable rights for an indefinite term, to the extent permitted by applicable law. The respective User furthermore agrees that the Collective is entitled to pursue any registration necessary to secure all rights in this clause, and the respective User, where necessary, agrees to assist the Collective in such registration as needed. If the respective User is unable to assist as needed, the respective User hereby irrevocably appoints the Collective as his/her agent to act for and on his/her behalf to execute any such registration and provide any such signatures as needed and as permitted under applicable law.

Supporting the Collective

There are numerous ways in which you can support the Collective. Please refer to our Website and our Donation Terms or reach out directly to the Collective at hello@deficollective.org or on Discord.

Miscellaneous

Privacy policy: The Collective is committed to maintain to protecting your personal information and helping you understand exactly how your personal information is being used. Please refer to our Privacy Policy - which also applies in connection with DeFiScan - for more details.

Third party links and content: DeFiScan may contain links to third-party websites as well as third-party content. Your use of such third-party websites or contents is entirely at your own risk. The Collective does not monitor or have control over, and makes no representations or warranties regarding third-party websites or third-party content. Any such links or content are provided as convenience only and are not an endorsement, adoption, sponsorship, affiliation with or similar.

Modification, suspension or discontinuance of DeFiScan: At any time and in the Collective's sole and absolute discretion, the Collective may modify, suspend or discontinue DeFiScan or any of the Content without prior notice, for any reason whatsoever and without any liability whatsoever to you or any third-party.

Changes to Terms: The Collective may, at any time and in its sole and absolute discretion, make changes to these Terms without prior notification. Changes become effective immediately.

Entire agreement: These Terms constitute the entire agreement between you and the Collective with respect to the subject matter thereof and supersede any prior agreement, if any.

No assignment: You may not assign any of your rights, obligations or claims under these Terms.

Severability: If any provision of these Terms (in whole or in part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect and shall be understood and interpreted in light of the purpose of providing DeFiScan as a freely available public good to the DeFi industry.

Governing law and jurisdiction: These Terms, and all claims arising out of or related to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provision and the United Nations Convention for the International Sale of Goods (CISG). The ordinary courts at the seat of the Collective have exclusive jurisdiction.

If you have questions, concerns or suggestions, please contact the Collective at hello@deficollective.org or join the conversation on Discord.