Technipal Ltd Terms of Service
Last modified: December 31, 2021
Terms of Service
Welcome to https://alluo.io its associated Mobile App (the "Interface" or "App") and subdomains (https://alluo.finance) provided by TechnipalLtd ("we", "our", or "us"). The Interface provides access to a decentralized protocol on theEthereum and Polygon blockchains that allows users to deposit certain digital assets and earn acertain APY ("the Alluo protocol" or the "Protocol"). The Interface is one, but not the exclusive,means of accessing the Protocol.
This Terms of Service Agreement (the "Agreement") explains the terms and conditions by whichyou may access and use the Interface. You must read this Agreement carefully. By accessing orusing the Interface, you signify that you have read, understand, and agree to be bound by thisAgreement in its entirety. If you do not agree, you are not authorized to access or use theInterface and should not use the Interface.
NOTICE: Please read this Agreement carefully as it governs your use of the Interface. ThisAgreement contains important information, including a binding arbitration provision and a classaction waiver, both of which impact your rights as to how disputes are resolved. The Interface isonly available to you — and you should only access the Interface — if you agree completelywith these terms.
Modification of this Agreement
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If wemake any modifications, we will notify you by updating the date at the top of the Agreement andby maintaining a current version of the Agreement at https://alluo.io/terms. All modifications willbe effective when they are posted, and your continued accessing or use of the Interface willserve as confirmation of your acceptance of those modifications. If you do not agree with anymodifications to this Agreement, you must immediately stop accessing and using the Interface.
To access or use the Interface, 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.,eighteen years old) and have the full right, power, and authority to enter into and comply withthe terms and conditions of this Agreement on behalf of yourself and any company or legalentity for which you may access or use the Interface.
You further represent that you are not (a) the subject of economic or trade sanctionsadministered or enforced by any governmental authority or otherwise designated on any list ofprohibited or restricted parties (including but not limited to the list maintained by the Office ofForeign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, ororganized in a jurisdiction or territory that is the subject of comprehensive country-wide,territory-wide, or regional economic sanctions by the United Kingdom. Finally, you represent thatyour access and use of the Interface will fully comply with all applicable laws and regulationsand that you will not access or use the Interface to conduct, promote, or otherwise facilitate anyillegal activity.
We own all intellectual property and other rights in the Interface and its contents, including (butnot limited to) software, text, images, trademarks, service marks, copyrights, patents, anddesigns. This intellectual property is available under the terms of our copyright licenses and ourTrademark Guidelines. Unlike the Interface, versions 1 of the Alluo protocol are comprisedentirely of open-source or source-available software running on the public Ethereum andPolygon blockchains.
We reserve the following rights, which do not constitute obligations of ours: (a) with or withoutnotice to you, to modify, substitute, eliminate or add to the Interface; (b) to review, modify, filter,disable, delete and remove any and all content and information from the Interface; and (c) tocooperate with any law enforcement, court or government investigation or order or third partyrequesting or directing that We disclose information or content or information that you provide.
When you use the Interface, the only information we collect from you is your blockchain walletaddress, completed transaction hashes, and the token names, symbols, or other blockchainidentifiers of the tokens that you swap. If you decide to deposit fiat currencies on the Alluoprotocol we work with 3rd parties (Moonpay, Transak) and they will collecte Personal IdentifiableInforatmion. Management of the personal information collected by 3rd party is subject to theirTerms and Conditions accesible on their platforms. We also, use third-party service providers,like Infura, Cloudflare, and Google Analytics, which may receive or independently obtain yourpersonal information from publicly-available sources. We do not control how these third partieshandle your data and you should review their privacy policies to understand how they collect,use, and share your personal information. In particular, please visithttps://policies.google.com/technologies/partner-sites to learn more about how Google usesdata. By accessing and using the Interface, you understand and consent to our data practicesand our service providers' treatment of your information.
We use the information we collect to detect, prevent, and mitigate financial crime and other illicitor harmful activities on the Interface. For these purposes, we may share the information wecollect with blockchain analytics providers. We share information with these service providersonly so that they can help us promote the safety, security, and integrity of the Interface. We donot retain the information we collect any longer than necessary for these purposes.
Please note that when you use the Interface, you are interacting with the Ethereum and Polygon blockchain, which provides transparency into your transactions. Alluo Ltd does not control and isnot responsible for any information you make public on the Ethereum or Polygon blockchain bytaking actions through the Interface.
You agree not to engage in, or attempt to engage in, any of the following categories ofprohibited activity in relation to your access and use of the Interface:
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 intellectualproperty rights under the law.
Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or properfunctioning of any computer, server, network, personal device, or other information technologysystem, 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 tounlawfully obtain the property of another.
Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning theintegrity of trading markets, including (but not limited to) the manipulative tactics commonlyknown as spoofing and wash trading.
Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulationconcerning the trading of securities or derivatives.
Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of theUnited Kingdom or another relevant jurisdiction, including (but not limited to) the restrictions andregulatory requirements imposed by the United Kingdom law.
Not Registered with the SEC or Any Other Agency
We are not registered with the U.S. Securities and Exchange Commission as a nationalsecurities exchange or in any other capacity. You understand and acknowledge that we do notbroker trading orders on your behalf nor do we collect or earn fees from your trades on theProtocol. We also do not facilitate the execution or settlement of your trades, which occurentirely on the public distributed Ethereum and Polygon blockchain.
Non-Solicitation; No Investment Advice
You agree and understand that all crypto you submit through the Interface are consideredunsolicited, which means that you have not received any investment advice from us inconnection with any investments, including those you place via any of the Porotocl Strategies,and that we do not conduct a suitability review of any trades you submit.
All information provided by the Interface is for informational purposes only and should not beconstrued as investment advice. You should not take, or refrain from taking, any action basedon any information contained in the Interface. We do not make any investmentrecommendations to you or opine on the merits of any investment transaction or opportunity.
You alone are responsible for determining whether any investment, investment strategy orrelated transaction is appropriate for you based on your personal investment objectives,financial circumstances, and risk tolerance.
The Interface is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extentpermitted by law, we disclaim any representations and warranties of any kind, whether express,implied, or statutory, including (but not limited to) the warranties of merchantability and fitnessfor a particular purpose. You acknowledge and agree that your use of the Interface is at yourown risk. We do not represent or warrant that access to the Interface will be continuous,uninterrupted, timely, or secure; that the information contained in the Interface will be accurate,reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, orother harmful elements. No advice, information, or statement that we make should be treated ascreating any warranty concerning the Interface. We do not endorse, guarantee, or assumeresponsibility for any advertisements, offers, or statements made by third parties concerning theInterface.
Non-Custodial and No Fiduciary Duties
The Interface is a purely non-custodial application, meaning you are solely responsible for thecustody of the cryptographic private keys to the digital asset wallets you hold. This Agreement isnot intended to, and does not, create or impose any fiduciary duties on us. To the fullest extentpermitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to youor any other party, and that to the extent any such duties or liabilities may exist at law or inequity, 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 outexpressly in this Agreement.
The Interface is operated from facilities within the United Kingdom. The Interface may not beavailable or appropriate for use in other jurisdictions. By accessing or using the Interface, youagree that you are solely and entirely responsible for compliance with all laws and regulationsthat may apply to you.
Assumption of Risk
By accessing and using the Interface, you represent that you are financially and technicallysophisticated enough to understand the inherent risks associated with using cryptographic andblockchain-based systems, and that you have a working knowledge of the usage and intricaciesof digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as thosefollowing the Ethereum Token Standard (ERC-20). In particular, you understand thatblockchain-based transactions are irreversible.
You further understand that the markets for these digital assets are highly volatile due to factorsincluding (but not limited to) adoption, speculation, technology, security, and regulation. Youacknowledge and accept that the cost and speed of transacting with cryptographic andblockchain-based systems such as Ethereum and Polygon are variable and may increasedramatically at any time. You further acknowledge and accept the risk that your digital assetsmay lose some or all of their value while they are supplied to the Protocol through the Interface,you may suffer a loss due to the fluctuation of prices of tokens in a pool, and, experiencesignificant price slippage and cost. You understand that anyone can create a token, includingfake versions of existing tokens and tokens that falsely claim to represent projects, andacknowledge and accept the risk that you may mistakenly trade those or other tokens. Youfurther acknowledge that we are not responsible for any of these variables or risks, do not ownor control the Protocol, and cannot be held liable for any resulting losses that you experiencewhile accessing or using the Interface. Accordingly, you understand and agree to assume fullresponsibility for all of the risks of accessing and using the Interface to interact with the Protocol.
Third-Party Resources and Promotions
The Interface may contain references or links to third-party resources, including (but not limitedto) information, materials, products, or services, that we do not own or control. In addition, thirdparties may offer promotions related to your access and use of the Interface. We do not endorseor assume any responsibility for any such resources or promotions. If you access any suchresources or participate in any such promotions, you do so at your own risk, and youunderstand that this Agreement does not apply to your dealings or relationships with any thirdparties. You expressly relieve us of any and all liability arising from your use of any suchresources or participation in any such promotions.
Release of Claims
You expressly agree that you assume all risks in connection with your access and use of theInterface and your interaction with the Protocol. You further expressly waive and release us fromany and all liability, claims, causes of action, or damages arising from or in any way relating toyour use of the Interface and your interaction with the Protocol. If you are a California resident,you waive the benefits and protections of California Civil Code § 1542, which provides: "[a]general release does not extend to claims that the creditor or releasing party does not know orsuspect to exist in his or her favor at the time of executing the release and that, if known by himor her, would have materially affected his or her settlement with the debtor or released party."
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 anduse of the Interface; (b) your violation of any term or condition of this Agreement, the right of anythird party, or any other applicable law, rule, or regulation; and (c) any other party's access anduse of the Interface with your assistance or using any device or account that you own or control.
Limitation of 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, or other intangible property, arising out of or relating to any access or use ofthe Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking,tampering, or other unauthorized access or use of the Interface or the information containedwithin it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies ofcontent; (b) personal injury or property damage, of any nature whatsoever, resulting from anyaccess or use of the Interface; (c) unauthorized access or use of any secure server or databasein our control, or the use of any information or data stored therein; (d) interruption or cessationof function related to the Interface; (e) bugs, viruses, trojan horses, or the like that may betransmitted to or through the Interface; (f) errors or omissions in, or loss or damage incurred asa result of the use of, any content made available through the Interface; and (g) the defamatory,offensive, or illegal conduct of any third party. Under no circumstances shall we or any of ourofficers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you forany claims, proceedings, liabilities, obligations, damages, losses, or costs in an amountexceeding the amount you paid to us in exchange for access to and use of the Interface, or£100.00, whichever is greater. This limitation of liability applies regardless of whether thealleged liability is based on contract, tort, negligence, strict liability, or any other basis, and evenif we have been advised of the possibility of such liability. Some jurisdictions do not allow theexclusion of certain warranties or the limitation or exclusion of certain liabilities and damages.Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply toyou. This limitation of liability shall apply to the fullest extent permitted by law.
We will use our best efforts to resolve any potential disputes through informal, good faithnegotiations. If a potential dispute arises, you must contact us by sending an email to firstname.lastname@example.org so that we can attempt to resolve it without resorting to formal dispute resolution.If we aren't able to reach an informal resolution within sixty days of your email, then you and weboth agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to the Interface, this Agreement, or any otheracts or omissions for which you may contend that we are liable, including (but not limited to) anyclaim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled byarbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that youare required to resolve all Disputes by binding arbitration. The arbitration shall be held on aconfidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. Thearbitration will be held in London, UK, unless you and we both agree to hold it elsewhere.Unless we agree otherwise, the arbitrator may not consolidate your claims with those of anyother party. Any judgment on the award rendered by the arbitrator may be entered in any courtof competent jurisdiction.
Class Action and Jury Trial Waiver
You must bring any and all Disputes against us in your individual capacity and not as a plaintiffin or member of any purported class action, collective action, private attorney general action, oranother representative proceeding. This provision applies to class arbitration. You and we bothagree to waive the right to demand a trial by jury.
You agree that the laws of England and Wales, without regard to principles of conflict of laws,govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the United Kingdom, and that although theInterface may be available in other jurisdictions, its availability does not give rise to general orspecific personal jurisdiction in any forum outside the United Kingdom of England and Wales.
These terms constitute the entire agreement between you and us with respect to the subjectmatter hereof. This Agreement supersedes any and all prior or contemporaneous written andoral agreements, communications and other understandings (if any) relating to the subjectmatter of the terms.