1.1. This service is provided to you by DeCommas (“DeCommas”, “we”, “us” or “our”) through the website located at https://decommas.io, DeCommas application located at http://app.decommas.io/, application program interface(s) (collectively, “Software”) for the purpose of providing tools that allow exploring, managing and automation of your digital assets. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software
1.4.2. you assume all the obligations set forth herein;
1.4.3. you are of sufficient legal age and capacity to use the Software;
1.4.4. you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.4.5. you use the Software at your discretion and under your own responsibility.
3. USE OF SERVICE
3.1. In order to use the Software, you must be at least eighteen (18) years of age.
3.4. The following steps are necessary to access all functions of the Software:
3.4.1. Connect your wallet to DeCommas app.
3.4.2. From the moment DeCommas allows you to connect your wallet address to access and use the Software, temporary access to http://app.decommas.io/ is completed. The access to http://app.decommas.io/ is provided to you free of charge. DeCommas has the right to refuse to provide you with DeCommas services at its sole discretion, in which case you shall not use the Software.
4. ACCESS TO THE SOFTWARE
4.1. The purpose and permitted use of the Software
4.1.1. You may use the Software only within the intended purpose and permitted use. You acknowledge that the purpose of the connecting your wallet is to provide you with access to the Software with tools to manage finances which solely belong to you. Any use for other purposes or particular misuse of the Software, is not permitted. You agree not to use your our Software in particular in order to:
184.108.40.206. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
220.127.116.11.1. DeCommas provide Software as it is. And we are no liable for content which was provided to you by 3rd party;
18.104.22.168.2. impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
22.214.171.124. transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
126.96.36.199. engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
188.8.131.52. interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorised access to the Software; and/or
184.108.40.206. violate any applicable national or international rules and laws, as well as rights of third parties.
5. SOFTWARE FUNCTIONALITIES
5.1. The Software provides you with a free of charge access to “Strategies”, “Portfolio”, “Multichain swap”, “Bridges”, “Stats”. Description of specific Software functionalities are provided below:
5.2. The Software provides you with tools that allow you to explore and manage your cryptocurrency holdings across the Decentralised Exchanges, including but not limited to the following tools:
5.2.1. Portfolio, which allows Clients to track digital assets on any public address: token balances, Liquidity Provision tokens, status information in different protocols / dApps and Non-Fungible Tokens;
5.2.2. Multichain swap, which provides users the possibility to move their assets between different blockchains utilizing external protocols, such as decentralized exchanges and decentralized bridges;
5.2.3. Bridges, which provides data on cross-chain bridges and routes between them;
5.2.4. Stats, which provides data on Perpetual Futures funding rate data on Decentralised Exchanges;
5.2.5. Strategies, which allows Client to automate certain trading instruments and strategies on Decentralised Exchanges. By providing automation and simplification tools for certain trading instruments and strategies, DeCommas does not guarantee any profit for Clients of these instruments. All products presented in Strategies page and connected to it are developed solely in purpose of increasing convenience and simplifying certain aspects of interaction with blockchain, cryptocurrencies, digital assets and decentralised finance.
6.1. DECOMMAS PROVIDES THE SOFTWARE. DECOMMAS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. DECOMMAS IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY DECOMMAS OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY DECOMMAS. YOU ACKNOWLEDGE AND AGREE THAT DECOMMAS IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
6.2. DECOMMAS WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. DECOMMAS EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF DECOMMAS.
6.3. SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO DECOMMAS BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. DECOMMAS DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. DECOMMAS PROVIDE SOFTWARE AS IT IS. DECOMMAS DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
6.4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT DECOMMAS CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
7. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE
7.3. Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
7.4. For all contents and data, that you insert or make available via the Software (”Client Content”), you grant DeCommas free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these Client Content for any purpose including but not limited to the purposes of:
7.4.1. providing the Software;
7.4.2. conducting research, develop new products and services;
7.4.3. predictive analytics and insights;
7.4.4. improvement and further development of the Software; and
7.4.5. other, including commercial use (”Right of Use and Exploitation”).
8. SUSPENSION OF FUNCTIONS OR THE SOFTWARE
8.1. DeCommas has the right to implement changes to the Software and its functions.
8.2. Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, DeCommas may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:
8.2.1. if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case DeCommas endeavours to notify you of the interruption in advance to the extent reasonably possible;
8.2.2. if your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Software, DeCommas or other Clients of the Software;
8.2.3. if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
8.2.5. for any other reasons as DeCommas may determine from time to time.
8.4. DeCommas endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay.
9. PRIVACY AND PERSONAL INFORMATION
10. AVAILABILITY OF THE SOFTWARE
10.1. DeCommas will endeavour to ensure that the Software is always available; however, DeCommas cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by DeCommas. DeCommas is not obliged to ensure that the Software can be always accessed without any interruptions or faults and does not assume any liability for this.
10.2. It may be that the Software is not available in the following cases, for example:
10.2.1. if the defect or fault in the Software provided via the website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage;
10.2.2. if the defect or fault in the Software results from an issue with your device,
10.2.3. in case of technical malfunctions.
10.3. You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
11. WARRANTY DISCLAIMER
11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. DECOMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
11.2. DECOMMAS PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
11.3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. DECOMMAS PROVIDE SOFTWARE AS IT IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DECOMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
11.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. LIMITATION OF LIABILITY
12.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT DECOMMAS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
14.2.2. if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual relationship for you;
14.2.4. if DeCommas is obliged to implement the change in order to comply with a court judgment that is binding for DeCommas or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.
14.3. You will be informed of such changes in the Software.
15. SUPPORT AND REPORTING
15.1. We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous or defamatory conduct, you must report it to DeCommas. We recommend contacting us for assistance if you experience any issues regarding the Software by sending email to [email protected].
16.5. No email address found on the Software may be harvested or otherwise used for purposes of solicitation.
17. ONLINE DISPUTE RESOLUTION
17.1. The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.
17.2. DeCommas is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
19. SANCTIONS COMPLIANCE
19.1. By accessing and using DeCommas’ services, you represent and warrant that you:
19.1.1. have not been included in any trade embargos or economic sanctions lists, including but not limited to:
- Restrictive measures of the European Union
- Sanctions of the United Nations
- Sanctions of the Government of Estonia
- the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury
- the denied persons or entity list of the U.S. Department of Commerce
- Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
19.1.2. your use and access of DeCommas services do not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable in the Republic of Estonia.
19.2. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of DeCommas services in certain countries or regions, including those not listed in Section 19.1.2.
19.3. If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
19.4. Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of DeCommas’ services to you as well as to terminate this Agreement in case:
19.4.1. you become a subject of international sanctions,
19.4.2. providing services to you is considered a violation or circumvention of international sanctions,
19.4.3. you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
19.4.4. we apply our right referred to in Section 19.2.