Legal Disclaimer

Please read this disclaimer carefully before using https://aero.xyz (hereinafter referred to as the "Website", and the services offered therein as "Our Services").

The terms of use of the Website contained herein (the "Terms of Use") are entered into by and between the Website user ("You") and Aero Foundation (hereinafter referred to as the "Foundation" or "We/Our/Us"). These Terms of Use explain the terms and conditions by which you may access and use Our Services.

By using the Website, You confirm that You accept this legal disclaimer and the Terms of Use, and agree to comply with both (the "Agreement"). If You do not agree, You must not use the Website or Our Services.

You further represent and warrant that You:

are of legal age to form a binding contract;
have not been previously suspended or removed from using Our Services; and
have full power and authority to enter into this Agreement with Foundation, and in doing so will not violate any other agreement to which You are a party.

If You are registering to use Our Services on behalf of a legal entity, You further represent and warrant that:

such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and
You are duly authorized by such legal entity to act on its behalf.

You further represent and warrant that You will fully comply with all applicable laws and regulations, and that You will not access or use any of Our Services or Our Website to conduct, promote, or otherwise facilitate any illegal activity.

NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved, and the applicability and legality of which will be determined by an arbitrator in the first instance. Our Services and Our Website are only available to You — and You should only access any of Our Services or Our Website if You agree completely with these terms.

Our Services

Our Website (and Our Services) provides a web or mobile-based means of access to a decentralized protocol on various public blockchains, including but not limited to Ethereum and Layer 2 blockchains built on top of Ethereum, that allows users to trade certain compatible digital assets (the "Protocol").

Our Website and Our Services are distinct from the Protocol and are one, but not the exclusive, means of accessing the Protocol. The Protocol itself is comprised of self-executing smart contracts that are deployed on various public blockchains, such as Ethereum and Layer 2 blockchains built on top of Ethereum. We do not control or operate the Protocol. It is impossible for anyone to control or operate the immutable smart contracts that make up core aspects of the Protocol. By using the Website or Our Services, 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 traders pay fees for trades, those fees accrue to voters and/or liquidity providers. In addition, We are not a liquidity provider into Protocol liquidity pools and liquidity providers are independent third parties. We are not a party to any transactions undertaken by you using the Protocol and We never take possession, custody or control over your digital assets.

We may modify, substitute, discontinue, or add to Our Website, Our Services, and the activities we undertake in connection with the Protocol and its underlying self-executing smart contracts from time to time, for any reason, in Our sole discretion and without notice to You. Under this Agreement, You acknowledge Our right to modify, substitute, discontinue, or add to Our Website, Our Services, and the activities we undertake in connection with the Protocol and its underlying self-executing smart contracts, and acknowledge that We have no obligation to maintain or support Our Website, Our Services, or the Protocol in their current or any past state.

We reserve the right, with or without notice to you, to modify, substitute, eliminate, or add to any of Our Services.

To access Our Services, 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. 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 Services, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

Information Published is Not Advice

The information provided on the Website is for informational purposes and does not constitute investment, financial, legal, regulatory, accounting, tax or similar advice, and You should not treat any of the Website's content as such.

Further, nothing on this Website should be construed as a recommendation, by Us, Our affiliates, or any third party, to acquire or dispose of any investment, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

Our team provides the Website as a service to the public, and is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the Website. While the information contained within the Website is periodically updated, no guarantee is given that the information provided in the Website is correct, complete, and up-to-date.

Usage Restrictions

By accessing or using the Website or Our Services, You hereby confirm and agree that:

You are not currently residing in Afghanistan, Belarus, Bosnia and Herzegovina, Burundi, Central African Republic, China, Democratic Republic of Congo, Cuba, Ethiopia, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, North Korea, Lebanon, Libya, Mali, Moldova, Montenegro, Myanmar, Nicaragua, Niger, Russia, Serbia, Somalia, South Sudan, Sudan, Syria, Tunisia, Turkey, Ukraine, Venezuela, Yemen, Zimbabwe, or any other specifically designated OFAC sanctions listed jurisdiction; and
Your access to and use of the Website and Our Services is lawful in your country of residence in the way You access and use them.

Usage Risks

The Website will not be responsible for any losses, damages, or claims arising from events falling within the scope of events including, but not limited to: mistakes made by the user (e.g., payments sent to wrong addresses), software problems of the Website or any related software or service (e.g., malware or unsafe cryptographic libraries), technical failures (e.g., hardware wallets malfunction), security problems experienced by the user (e.g., unauthorized access to wallets), actions or inactions of third parties (e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties).

To access the Website or some of the resources it offers, You may be asked to provide an Ethereum wallet address "Wallet". Our Website does not collect, or store this information. By using this Website and Our Services, You may gain access to and use various smart contracts that allow peer to peer transactions utilizing digital assets. We do not control any such smart contracts and have no liability or responsibility for the results of any such interactions, which occur entirely at Your own risk.

Investment Risks

Investment in cryptocurrencies involves a high degree of risk and price fluctuation, and can lead to loss of money. The information published on the Website cannot and does not guarantee that amounts invested will not be lost.

You are responsible for understanding all risks, doing your own due diligence, and making your own decision on how to interface with the Website and Our Services. If you interface with the Website and Our Services, you do so understanding that the Protocol is made up of immutable smart contracts that We do not control, that liquidity pools are permissionless to create, that We do not supply liquidity or operate liquidity pools, and that, as a result, when you interact with tokens on the Protocol you are interacting with and relying on third parties who do supply liquidity and operate liquidity pools. You also acknowledge that the Protocol may change over time and may be disabled, disrupted, or adversely impacted as a result of a variety of factors including sophisticated cyber-attacks, surges in activity levels, declines in activity levels, code vulnerabilities, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify you of all the potential risks of using and accessing our Services or the Protocol. You agree to accept these risks and agree that you will not seek to hold Us or any Indemnified Party responsible for any consequent losses.

Compliance with Tax Obligations

The users of the Website are solely responsible for determining what, if any, taxes apply to their cryptocurrency holdings. The owners of, or contributors to, the Website are NOT responsible for determining the taxes that apply to user transactions.

No Warranties

The Website is provided on an "as is" basis without any warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that availability, accessibility, or use of the Website and/or any content, data, materials or services provided hereon will be uninterrupted or error-free.

Website functionality is not guaranteed and could be disabled fully or in part without prior notice.

You agree and understand that: (a) all trades You submit through any of Our Services or the Website are considered unsolicited, which means that they are solely initiated by You; (b) You have not received any investment advice from Us in connection with any transactions; and (c) We do not conduct a suitability review of any transactions.

Security

Security audits don't eliminate risks completely. The Website and Our Services are not guaranteed to be secure or free from bugs or viruses.

Our Services and the Website are purely non-custodial, meaning We do not ever have custody, possession, or control of your digital assets at any time. It further means You are solely responsible for the custody of the cryptographic private keys to the digital asset wallets You hold and You should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to You, in connection with Your use of a wallet and make no representations or warranties regarding how any of Our Products will operate with any specific wallet. Likewise, You are solely responsible for any associated wallet and We are not liable for any acts or omissions by You in connection with or as a result of Your wallet being compromised.

Prohibited Activities

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to Your use of Our Services or Website:

Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.
Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.
Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Products.
Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law.

Limitation of Liability

As far as the law allows, neither We nor Our affiliates or service providers will be liable to You for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Use.
You acknowledge that the limitations of liability in this section are material provisions of these Terms of Use, and that absent those limitations of liability, We would have declined to enter into the Terms of Use on the economic and other terms stated in it.
To the extent not expressly prohibited by law, You knowingly, voluntarily, intentionally, permanently, and irrevocably:
- AGREE that the rights and obligations that arise out of or relate to the Services, or any transaction or relationship resulting from the Services or these Terms of Use, are to be defined solely under the law of contract in accordance with the express provisions of these Terms of Use;
- AGREE that neither We nor Our affiliates or service providers owe any obligations under these Terms of Use that are not expressly stated in these Terms of Use, and WAIVE any claim based on any obligation allegedly owed by Us or Our affiliates or service providers that is not expressly stated in these Terms of Use, whether those obligations are alleged to arise in (for example) quasi-contract, quantum merit, unjust enrichment, promissory estoppel, tort, strict liability, or otherwise, or under any constitution, statute, or regulation;
- WAIVE any objections to or claims arising out of any modification of Our Website, Our Services, or the Protocol and its underlying self-executing smart contracts, whether those objections or claims are alleged to arise in (for example) quasi-contract, quantum merit, unjust enrichment, promissory estoppel, tort, strict liability, or otherwise, or under any constitution, statute, or regulation.
You specifically agree that each limitation of liability in this section is to apply:
- to You and to any of Your affiliates, agents, and associated individuals;
- to all claims for damages or other monetary relief, whether alleged to arise in contract, tort (including for example negligence, gross negligence, or willful misconduct), or otherwise;
- regardless of whether the damages are alleged to arise in contract, negligence, gross negligence, other tort, willful misconduct, or otherwise;
- even if the allegedly-liable party was advised, knew, or had reason to know of the possibility of excluded damages and/or of damages in excess of the relevant damages cap, if any; and
- even if one or more limited remedies fail of their respective essential purposes.
Except as expressly stated otherwise in the Agreement: Our and Our affiliates or service providers cumulative total liability to You for any action arising out of use of Our Services or the Website is not to exceed one hundred US Dollars ($100.00 USD).
You expressly agree not to seek damages in excess of any applicable limitation of liability stated in these Terms of Use.
You acknowledge that some jurisdictions might not permit limitation or exclusion of remedies under some circumstances, in which case some or all of the limitations of liability stated in this section might not apply; this sentence, though, is not to be taken as a concession that any particular limitation or exclusion should not apply. In the event any limitation of liability is found not to apply it shall be severed and the other limitations of liability shall still apply.
You agree that You will defend, indemnify and hold harmless Us and Our affiliates, licensors and service providers, and Our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms or Your use of the Services.
You agree that 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 acknowledge and agree that We owe no fiduciary duties or liabilities to You or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that We owe You are those set out expressly in this Agreement.

Arbitration

Except for disputes related to copyrights, logos, trademarks, trade names, trade secrets or patents, any dispute, controversy or claim, whether brought by You or Us, arising out of, relating to, or in connection with your use of the Website or Our Services, or in connection with these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by binding arbitration by the Judicial Arbitration and Mediation Services (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.

The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this agreement to arbitrate will remain in force.

Changes

We may revise and update the Terms of Use in this Legal Disclaimer from time to time in Our sole discretion and without notice. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

Third-Party Services and Content

In using this Website, You may view content or utilize services provided by third parties ("Third Parties"), including links to Web pages and services of such parties ("Third-Party Content"). We do not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. Your business dealings and/or correspondence with such Third Parties is a matter solely between You and the Third Parties. We are not liable or responsible for any loss or damage of any sort incurred as a result of such dealings and You understand that Your use of Third-Party Content, and your interactions with Third Parties, including, but not limited to wallet providers and automated liquidity management providers, is at your own risk.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Foundation and its licensors and affiliates, and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws.

The Foundation name and all related names, logos, product and service names, designs, and slogans are trademarks of the Foundation or its licensors or affiliates. Moreover, all intellectual property rights associated with Third Parties and Third-Party Content referenced on or offered through the Website are owned by the respective entities offering such services.

You agree not to use any Foundation or Third Party intellectual property without prior written permission from Foundation or such Third Party. You are herein granted a limited, revocable, and nonexclusive right to post excerpts from or create a hyperlink to the Website, provided that full and clear credit is given to Us with appropriate and specific direction to the original content, and provided such hyperlink is not related to any portrayal of the Foundation or the Website in any false, misleading, derogatory, or otherwise offensive manner.