▶️Terms of Use

Updated on June 3rd, 2024

Do not access this Site if it's prohibited by law in your area. Please read these terms of use carefully before using the Site. By accessing the Site, you agree to be bound by these Terms.

The Terms include a mandatory individual arbitration and class action/jury trial waiver. This means disputes must be resolved through arbitration on an individual basis, not through jury trials or class actions. If you do not agree to these Terms, do not use the Site. By using the Site, you confirm that you have read, understood, and agree to these Terms.

If you do not agree with these Terms and the Privacy Policy, you are not allowed to continue using the Guacamole platforms and we ask you to please refrain from doing so.

Overview

This Terms of Use Agreement ("Terms" or "Agreement") applies to the https://guacamole.gg & https://guac.gg website and mobile user interfaces (collectively, the “Site”) provided by Guacamole ("we," "our," or "us"), sometimes in conjunction with others. Through the Site, we offer access to the decentralized peer-to-peer finance application along with other tooling ("GuacSwap" & "Guac Shop" & others) managed and operated by holders of the GUAC governance token (the “Community”). The GuacSwap protocol is an automated market maker composed of smart contracts deployed on the Solana blockchain and related software development kits (collectively, the “Smart Contracts”) for traders or liquidity providers of SPL tokens and other digital assets (collectively, “Digital Assets”) to transact peer-to-peer. In addition to our sites, you can access the GuacSwap protocol through various third-party web or mobile interfaces that we do not own, administer, or control (“UIs”).

These Terms apply to you (“you” or “your”) as a user of our sites, including all products, services, tools, and information available on the Site. Our Privacy Policy and Cookies Policy also apply to your access and use of the Site.

To use the Site, you must be able to form a legally binding contract online, either as an individual or on behalf of a legal entity. If you are agreeing to these Terms on behalf of a legal entity, you represent that you have the legal authority to bind that entity to these Terms, are not listed on any sanctions list, and are at least 18 years old or the age of majority where you reside (whichever is older). You must have the full right, power, and authority to enter into and comply with the obligations under these Terms.

We advise you to periodically review these Terms to understand any changes. We reserve the right, in our sole discretion, to modify these Terms. If we make changes, we will notify you by updating the “Last Updated” date at the beginning of these Terms. Changes are binding on users of our sites and take effect immediately upon posting. By continuing to use our sites, you agree to be bound by any modifications to these Terms and acknowledge that we have provided you with sufficient notice of such changes.

Use Of Our Sites

By using the sites, you expressly acknowledge and agree that:

Using the Guacamole platforms and/or Smart Contracts may require you to pay fees, such as network fees and other charges needed to perform a transaction.
Your use of the Guacamole platforms and/or Smart Contracts involves various risks, including (i) losses while Digital Assets are being supplied to the Guacamole platforms and (ii) losses due to fluctuating prices of Digital Assets in trading pairs or liquidity pools.
Before using the Guacamole platforms and/or Smart Contracts, you should review the relevant documentation to ensure you understand how the Guacamole platforms and Smart Contracts work.
You are responsible for conducting your own diligence on the various UIs through which you access the Guacamole platforms and/or Smart Contracts to understand the fees and risks they present.
The Community has no control over any transactions conducted through the Guacamole platforms and/or Smart Contracts, the method of payment for any transactions, or any actual payments of transactions, including the use of any third-party services such as Phantom Wallet or other Digital Asset wallet providers.
You must ensure that you have a sufficient balance of the applicable Digital Assets stored at your compatible Digital Asset wallet address to complete any transaction on the Guacamole platforms, Smart Contracts, or the Solana network before initiating such a transaction.
No individual or entity involved in creating the Guacamole platforms or Smart Contracts will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of the Guacamole platforms or Smart Contracts, including, without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or loss of profits, Digital Assets, or anything else of value.
We are not responsible for any damages or issues arising from your interaction with third-party protocols and integrations on our platform such as the Play section, Lending Vaults, etc.
You have also read and understand the usage and complexities of individual features such as "Guac Shop". Information regarding transactions, usage, refunds, and limitations of these individual features can be found in Item Marketplace.

Access / Disclaimer of Warranties

ACCESS TO THIS SITE AND THE PRODUCTS HEREIN ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SITE OR ANY PRODUCT WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED. YOUR USE OF THE SITE AND ANY PRODUCT, MATERIAL, OR SERVICES OBTAINED OR ACCESSED VIA THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We do not guarantee or promise that the Site, or any content on it, will always be available, functional, usable, or uninterrupted. Access may be interrupted, suspended, or restricted due to faults, errors, unforeseen circumstances, or planned maintenance or changes.

We reserve the right to limit the availability of the site to any person, geographic area, or jurisdiction at our sole discretion and/or to terminate your access to and use of the site at any time and in our sole discretion. We may suspend or disable your access to the Site for any reason, including any intentional or unintentional breaches of these Terms. We may remove or amend the content of the Site at any time. Some of the content may be out of date at any given time, and we are under no obligation to update or revise it. We do not promise or guarantee that the Site, or any content on it, will be free from errors or omissions.

We will not be liable to you for any issue, loss, or damage you may have suffered as a result of the Site being unavailable at any time for any reason. You will comply with all applicable domestic and international laws, statutes, ordinances, rules, and regulations applicable to your use of the Site (“Applicable Laws”).

As a condition to accessing or using our sites, you agree and represent that you will:

Only use the services and the site for lawful purposes and in adherence with these Terms
Ensure that all information that you provide on the sites is current, complete, and accurate
Maintain the security, privacy, and confidentiality of access to your Digital Asset wallet address

As a condition for accessing or using the Site or the Services, you will not:

Violate any Applicable Law, including relevant and applicable anti-money laundering, anti-terrorist financing, sanctions laws, privacy, secrecy, and data protection laws.
Use the Site for any unlawful purpose or conduct.
Export, reexport, or transfer any technology belonging to us or the Guacamole platforms in violation of applicable export laws or regulations.
Infringe on or misappropriate any contract, intellectual property, or other third-party right, or commit a tort while using the Site.
Misrepresent, omit, or otherwise distort the truthfulness, sourcing, or reliability of any content on the Site.
Use the Site in any manner that could interfere with, disrupt, negatively affect, redirect, or inhibit other users from fully enjoying the Site or the Guacamole platforms, or that could damage, disable, overburden, or impair the functioning of the Site or the Guacamole platforms in any manner.
Attempt to circumvent or disable any content filtering techniques or security measures that Guacamole employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access.
Introduce or use any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism, or other harmful material on the Site.
Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable.
Post content on the Site containing unsolicited promotions, commercial messages, chain messages, or user content designed to deceive, induce, or trick users of our sites.
Encourage or induce any third party to engage in any activities prohibited under these Terms.

You acknowledge that using the Sites and the Guacamole Platform comes with certain risks, including but not limited to:

Price Fluctuations: Losses may occur while digital assets are supplied to the Guacamole Platform, and due to fluctuations in token prices within trading pairs or liquidity pools. Digital currencies, tokens, and other digital assets can fluctuate significantly in value, sometimes surging or dropping suddenly. The price of tokens could even drop to zero. Market fluctuations can be caused by various factors, including proposed legislative acts, governmental restrictions, cybercrime news, market enthusiasm, loss of confidence, or market manipulation.
Third-Party UI Risks: When accessing the Guacamole Platform through third-party UIs, you are responsible for understanding and accepting the associated risks and any fees these interfaces may charge.
Smart Contract Risks: There are risks associated with any Smart Contracts you interact with.
Access Risks: Although we do not have access to your assets, third-party Digital Asset wallet services may suspend or terminate your access to your Digital Assets, or there may be delays, which could lead to a decrease in value or an inability to complete a Smart Contract.
Inherent Risks of Digital Assets and DeFi: Digital assets and decentralized finance come with inherent risks. Tokens are not legal tender and are not backed by any government. Unlike fiat currencies regulated by local governments and central banks, tokens rely on technology and user consensus. In cases of market manipulation or panic, governments will not intervene to stabilize or protect token values. Transactions might be difficult or impossible to settle and could only be completed at significantly adverse prices. Blockchain transactions are often irreversible, and losses due to fraud or accidents are not recoverable.
Regulatory Risks: The regulatory landscape for blockchain transactions and tokens is evolving. Your transactions or funds may be subject to reporting, tax, or other obligations. Legislative and regulatory changes could materially affect the use, transfer, exchange, and value of your tokens. Some jurisdictions may consider groups of users as general partnerships or other associations, increasing your liability risks for events beyond your control.
Service Disruptions: The Sites and/or the Guacamole Platform may be partially or fully suspended or terminated for any reason, limiting your access to your Digital Assets.
Legal Compliance: You are responsible for understanding and complying with all Applicable Laws, including those related to taxes and reporting obligations.

This list of risk factors is non-exhaustive. Other risks, either current or future, may also be relevant to your decision to accept these Terms and use the Site.

Accordingly, you expressly acknowledge and agree that:

a. Assumption of Risk: You assume all risks associated with the specific risks identified above.

b. Use of Sites and Platform: You assume all risks in connection with your access to and use of the Sites, the Guacamole Platform, and the Smart Contracts.

c. Waiver of Liability: You expressly waive and release us, the Guacamole Platform, and the Community from any and all liability, claims, causes of action, responsibility, or damages arising from or related to your use of the Sites, the Guacamole Platform, or the Smart Contracts.

d. Community-Driven Upgrades: Upgrades and modifications to the Guacamole Platform are managed in a community-driven way by holders of the Guacamole governance token and pushed to production by core contributors.

e. Limitation of Liability: No individual or entity involved in creating the Guacamole Platform will be liable for any claims or damages associated with your use, inability to use, or interaction with other users of the Guacamole Platform. This includes any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or loss of profits, Digital Assets, cryptocurrencies, tokens, or anything else of value.

Third-Party Links and Content

The Site may contain hyperlinks or references to third-party websites or content. These hyperlinks and references are provided solely for your information and convenience. We have no control over third-party websites and accept no legal responsibility for any content, material, or information they contain. Displaying any hyperlink or reference to a third-party website does not mean we endorse that website, its products, or services, nor do we make any claims about the accuracy or reliability of such information. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

Intellectual Property Rights

We own all intellectual property rights to the Site and the material published on it. To the extent practical, these works are protected by copyright laws, and all such rights are reserved. The URLs https://guacamole.gg & https://guac.gg are our uniform resource locator ('URL'). You may not use these URLs (or any other URL owned by us) on another website or digital platform without our prior written consent. Any unauthorized use or reproduction may be prosecuted.

In particular, customers must not misappropriate the design or content of Guacamole and must not alter or deface such design or content in any way. Nothing on Guacamole grants any license with respect to such design or content, and any use by the customer or a third party must be authorized in writing by us.

All text, photos, graphics, logos, content, and other materials on Guacamole (including, but not limited to, the words “Guac” and “Guacamole”, the “Guacamole” logo, and other related and ancillary elements) are protected by copyright, trademark, and other applicable laws in the several jurisdictions where we operate. In particular, all trademarks, trade names, and logos displayed on Guacamole are our property.

Guacamole grants no license to use any such text, photos, graphics, logos, content, and other materials.

Excepted from the foregoing are the logos and trademarks used to signal the third-party providers to which each Product refer to. Such logos and trademarks are used to make reference to the Product and the Issuer, and in no way are we claiming, or representing, any sort of ownership, license, authorization, partnership or agreement with the owners or holders of the rights of such logos or trademarks, the Products or the Issuers. Such logos and trademarks belong to their lawful owners and are used in Guacamole with the sole purpose of identifying the origin or intended use of the Product on sale.

You will retain ownership of all copyright in data you upload or submit through the Site. However, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish, and send this data in any manner.

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 of the Site, including the user interface. We will not be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site, including the user interface or the information contained within it.

We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever resulting from any access or use of the Site, including the user interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Site; (e) bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site; and (g) the defamatory, offensive, or illegal conduct of any third party.

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding $100.00. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities, but your acceptance of these Terms constitutes an agreement to limit the liability of Guacamole, its affiliates, and their respective officers, directors, employees, contractors, and agents to the maximum extent possible under any applicable laws.

Disclaimers

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs, and/or platform to access the Site. You should use and deploy your own virus protection and security software. We cannot promise that using the Site, or any content taken from the Site, will not infringe the rights of any third party.

The content and materials available on the Site are for informational purposes only and are not intended to address your particular requirements or needs. Specifically, the content and materials available on the Site do not constitute any form of advice, referral, or recommendation by us and should not be regarded as an offer, solicitation, invitation, or recommendation to buy or sell tokens or any other financial services. They are not intended to be relied upon by you in making any specific decision to buy or sell a token. We recommend that you seek independent advice from financial, legal, and tax advisors before making any such decision, particularly in light of the risks associated with digital assets.

Nothing on the Site constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction.

From time to time, references may be made to data we have gathered. These references may be selective or partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.

Indemnification

You agree to indemnify and hold us, along with all of our officers, directors, council members, employees, contractors, agents, affiliates, and subsidiaries, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of (a) your use of the Sites, the Guacamole Platform, or the Smart Contracts, or (b) this agreement.

General

We may perform any of our obligations and exercise any of the rights granted to us under these Terms through an affiliated or unaffiliated third party. We may assign any or all of our rights and obligations under these Terms to any third party.

If any clause or part of any clause of these Terms is found to be void, unenforceable, or invalid, it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

No single or partial exercise, failure, or delay in exercising any right, power, or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power, or remedy arising under these Terms or otherwise. If any of the provisions in these Terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.

All disclaimers, indemnities, and exclusions in these Terms shall survive the termination of the Terms and shall continue to apply during any suspension or period during which the Site is not available for you to use for any reason whatsoever.

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site, the Guacamole Platform, the Smart Contracts, and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications, or agreements (written or oral) made between you and us.

Force Majeure

Transactions conducted through the Site may be affected by system failures resulting from adverse events, natural disasters, pandemics, and other emergencies, as well as unforeseen significant changes in the external environment. In the case of opportunity loss (e.g., the inability to place a payment instruction, resulting in lost profits), due to such emergencies and force majeure events, we are under no obligation to take any corrective action or measures. Under no circumstances shall we be liable for any lost profits or other trading losses.

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Last updated 5 months ago