TERMS AND CONDITIONS

LAST UPDATED: NOV 20, 2021

TERMS AND CONDITIONS

 

Services

1. The Duckstarter platform (“Platform”) facilitates token swaps. Projects may make available their native tokens (“Pool”) to the Users of the Platform to be swapped for other crypto assets. Users may use the Platform to gain access to the tokens offered through the Platform (“Services”), which term includes the underlying application, all services available through the Application, and all free trials and beta services made available by DuckDAO.
2. In order to avail access to the platform, the User shall stake the DDIM token. Details regarding staking shall be made available on the DuckDao medium page, as and when they are updated.
3. The User is required to connect their ERC-20 wallet to the Platform to gain access to the Pool. We are not responsible for any loss or damage that may arise from such integration, including any loss arising from any purchase of tokens from the Pool.
4. You understand that the Platform only permits access to the Pool and in no way guarantees and warrants performance of such token post purchase through the Platform. Furthermore, allocation is not guaranteed and it shall be on a first come first serve basis.

 

Access to the services

1. By using the Services, you represent and warrant that:
   1. you have full legal capacity and authority to agree and bind yourself to these Terms;
   2. you are eighteen years of age or older;
   3. your use of the Services is (A) not prohibited by applicable law, and (B) at all times compliant with applicable law;
   4. and are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your User Account.
2. You should take steps to ensure the confidentiality of your personal information and restrict access to the devices you use to access the Platform.

 

Your responsibilities

1. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
   1. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of DuckDAO;
   2. use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
   3. use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof other than copying or exporting as permitted by the Terms;
   4. make any back-up or archival copies of the Platform or any part thereof, including disassembling or de-compilation of the Platform;
   5. use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
   6. or violate applicable laws in any manner.
2. You warrant that you are aware of applicable laws and regulations governing your use of the Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
3. You shall extend all cooperation, at your cost, to Duckstarter in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.

 

DuckDAO´s Intellectual Property

1. All rights, title, and interest in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to DuckDAO. Subject to your compliance with these Terms, Duckstarter grants you a non-exclusive, non-sub licensable, and limited license to (i) use the Services in the permitted hereunder.
2. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to DuckDAO’s or any third party’s intellectual rights.
3. You may provide suggestions and other feedback, including bug reports, in relation to the Services from time to time (“Feedback”). DuckDAO may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

 

Third Party Services

1. The Services may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
2. DuckDAO makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including its accuracy or completeness.
3. All intellectual property rights in and to Third Party Services are the property of the respective third parties.

 

Indemnity

You agree to indemnify and hold harmless DuckDAO, its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Services, a breach of any provision of these Terms by you or any person using the Services on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the Services in accordance with these Terms infringes any rights of a third party.

 

Term and Termination

1. These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
2. DuckDAO may terminate, suspend, or modify your access to the Services, or any portion thereof, immediately and at any point, at its sole discretion if it is of the view that you violate or breach any of your obligations, responsibilities, or covenants under these Terms. Duckdao will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
3. Upon termination under Clause 7(b):
   1. these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

 

Disclaimers and Warranties

1. DuckDAO merely facilitates access to the Pools and does not provide you with any warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
2. Duckdao shall make all commercially reasonable attempts to facilitate information about the Pools on the platform (“Project Information”). However, you understand that Duckdao does not (i) guarantee the accuracy, timeliness, or completeness of such information, (ii) provide any warranties in connection with your use or reliance on such information. You agree that your use of the Project Information at your own risk. Duckdao shall not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Portfolio Information.
3. Duckdao is merely a technology platform, and does not provide any legal, tax, investment, financial, or other advice and no information provided by Duckdao in connection with the Services should be construed as such.
4. You agree that your use of the Services is at your sole risk. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. DuckDAO does not warrant that that the functions contained in the Services will meet your requirements. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that DuckDAO shall have absolutely no liability in this regard.
5. DuckDAO does not warrant or represent that the Services will be compatible with any third party hardware or software. It shall your responsibility to ensure compatibility of the Services prior to use. Additionally, DuckDAO shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Services.
6. The Application may contain links to third party web sites or services that are not owned or controlled by DuckDAO. DuckDAO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such websites. You further acknowledge and agree that DuckDAO shall 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 such content, goods or services available on or through any such web sites or service.
7. To the fullest extent permissible under applicable law, DuckDAO expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
8. To the fullest extent permissible by law, DuckDAO, its affiliates, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:
   1. your use of, inability to use, or availability or unavailability of the Services, including any third party services made available through the Services;
   2. the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to DuckDAO’s records, programs, services, server, or other infrastructure relating to the Services;
   3. the Services being infected with any malicious code or viruses; or
   4. the failure of the Services to remain operational for any period of time.

 

Consent to Use Data

1. You agree that DuckDAO may in accordance with its Privacy Policy collect and use your information and technical data and related information.
2. DuckDAO may use information and anonymised data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Services.
3. You hereby expressly authorise DuckDAO to disclose any and all information relating to you in DuckDAOS’s possession to any law enforcement or other government officials, if DuckDAO believes it is necessary or appropriate in connection with the investigation or resolution of possible crimes. You further understand that Duckstarter might be directed to disclose any such information as may be deemed necessary to satisfy any investigation, judicial order, law, regulation, or valid governmental request.
4. You acknowledge that in the event of any security breach on the Platform, DuckDAO reserves the right to make necessary disclosures to applicable authorities established under law.

 

Confidentiality

You acknowledge that the Services contain DuckDAO’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person with a copy of the Services or Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of DuckDAO’s or its licensors’ proprietary notices. Your obligations under this Clause continue even after these Terms have expired or been terminated.

 

Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”)

1. DuckDAO is a permissionless and fully decentralised platform for token sales and swaps. As a software development company, DuckDAO has no role in enforcing KYC by default; however, we do provide such tools for fundraising entities using DuckDAO to enforce on their users, if the entities choose to do so. The use of KYC/AML tools on DuckDAO by fundraising entities using the Service is completely at the discretion of said entities.
2. Although DuckDAO 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), we nonetheless understand the need of some token projects to require KYC/AML on their token sale participants.
3. Therefore, and at the sole behest of fundraising entities and/or competent regulatory authorities, DuckDAO reserves the right:
   1. at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User, and reserves the right to restrict Service and payment until identity is sufficiently determined;
   2. to share submitted KYC information and documentation to 3rd parties to verify the authenticity of submitted information, and the end user (you) agree to this by using the Service;
   3. to confiscate any and all funds that are found to be in violation of relevant and applicable AML and countering terrorism financing (“CFT”) laws and regulations, and to cooperate with the competent authorities when and if necessary.
4. DuckDAO expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Service is not offered to individuals or entities on any Politically Exposed Persons (“PEP”) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Service, you represent that you are not on any such lists.

 

Force Majeure

DuckDAO shall have no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.

 

Jurisdiction and Governing Law

1. Subject to the other provisions of this Clause 13, the Parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to this Agreement.
2. All disputes shall be resolved by arbitration in Marshall Islands in accordance with the procedural aspects of Marshall Islands Arbitration Act 1980 for the time being in force and rules thereunder, which are deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator mutually appointed by the Parties. The seat of the arbitration shall be Marshall, and the language of the arbitration shall be English. The parties may attend such proceedings via video conferencing as far as permissible under law.
3. The award rendered by such arbitrator shall be final and binding on the Parties.

 

Miscellaneous Provisons

1. Modification: DuckDAO reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.
2. Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
3. Notices: All notices, requests, demands, and determinations for DuckDAO under these Terms (other than routine operational communications) shall be sent to [duckstarter(at)duckdao.io].
4. Third Party Rights: No third party shall have any rights to enforce any terms contained herein.