Terms and Conditions for Qoda Finance
1. Introduction
Welcome to Qoda Finance, a decentralized finance (DeFi) lending and borrowing application ("Service"). Our Service provides an orderbook-style exchange that facilitates lending and borrowing of digital assets through smart contracts deployed on various blockchain networks. It allows users to interact with these smart contracts by publishing and accepting quotes to lend or borrow digital assets.
The Service is provided by Qoda Finance Inc. ("Company" or “we” or “us” or “our”). The following terms and conditions ("Terms") govern all use of our Service and all content, services, and products available at or through our Service. Please note that we are a software platform and do not participate in any lending or borrowing activities. We do not guarantee any profits, and using our Service involves risk, including the risk of losing all funds deposited into the smart contracts.
2. Acceptance of Terms
2.1 These Terms constitute a binding agreement between you, as a user of the Service, and the Company. By accessing or using any part of our Service, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or use our Service.
2.2 We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. Your continued use of the Service after any such change constitutes your acceptance of the new Terms.
3. Eligibility
3.1 You must be at least 18 years old to use our Service. By agreeing to these Terms, you represent and warrant to us and the Company that you are at least 18 years old.
3.2 You represent and warrant that you have not previously been suspended or removed from the Service, and that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
4. Risks and Financial Disclosure
4.1 You acknowledge and agree that using a DeFi platform involves significant risks, including, but not limited to, the risk of loss of all assets used in connection with the Service, risk of insufficient interest, risk of losing access to assets due to loss of private key(s), and regulatory risk.
4.2 You understand that blockchain and digital assets are new and untested technologies. As such, they are subject to a myriad of known and unknown risks, and we cannot guarantee that the Service will be uninterrupted, timely, secure, or error-free.
4.3 You are solely responsible for determining what, if any, taxes apply to your transactions. We are not responsible for determining the taxes that apply to your transactions on the Service.
5. No Liability for Hacks
5.1 While we strive to maintain the highest levels of security, we do not guarantee that the Service will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or hackers.
5.2 We will not be responsible or liable for any damages or losses related to such technological difficulties. You accept the risk that your digital assets may be lost or stolen from your wallet, and agree that we are not responsible for such losses.
6. Prohibited Activities
You may not engage in any illegal activities, including but not limited to money laundering, illegal gambling operations, financing terrorism, or other criminal activities.
7. Privacy and Data Protection
We respect your privacy and are committed to protecting your personal data. As a decentralized finance application, the Service operates on public blockchain networks. Your interactions with the Service, including transactions you make, are publicly and transparently recorded on the blockchain. This data may include your blockchain address, transaction history, and any other data you voluntarily interact with within the Service.
Please note that anyone may independently access and aggregate data from the blockchain, including your interactions with the Service, and may be able to associate this data with your identity with varying degrees of certainty. This is a fundamental aspect of public blockchain networks and is beyond our control.
The Service does not perform any session- or cookie-based tracking of users. We do not collect, store, or share any information for marketing or advertising purposes.
Your use of the Service constitutes your understanding and acceptance of these data practices. If you do not agree with these practices, please do not use the Service.
8. User Conduct and Responsibilities
You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Service. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct. Use or attempt to use another user’s account without authorization from that user and the Company.
- Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner.
- Develop any third-party applications that interact with the Service without our prior written consent.
- Use the Service for any fraudulent or unlawful purpose, or to solicit others to perform or participate in any unlawful acts.
- Manipulate the Service in a manner that adversely affects the fair operation of the Service, such as by attempting to control the price or integrity of any digital assets.
- Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
- Run any form of auto-responder or "spam" on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service' infrastructure).
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service.
9. Indemnity
You agree to indemnify and hold harmless the Company, its directors, officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.
10. Third-Party Links and Services
The Service may contain links to third-party websites or services that we don’t own or control. We can’t take responsibility for the content, privacy policies, or practices of these websites or services. You acknowledge and agree that we’re not responsible for the availability, accuracy, or content of such third-party sites or services. Your linking to any other off-site pages or other sites is at your own risk.
11. No Advice
Any data, information, content, or materials contained in the Service are for informational purposes only and are not intended to provide financial, legal, tax, or any other professional advice. You should consult with a qualified professional before making any financial decisions. These materials should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by us or any third-party.
12. No Fiduciary Duties
12.1 Neither we nor the Company owe you any fiduciary duties. This means that we and the Company have no legal obligation to act in your best interests or in favor of your interests. Your decision to use our Service is solely at your discretion and risk.
12.2 You understand and acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the content on the Service may have on you; how you may interpret or use the content on the Service; or what actions you may take as a result of having been exposed to the content on the Service.
13. Warranty Disclaimer
13.1 Our Service is provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
13.2 We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
14. Compliance
14.1 The Service may not be available, appropriate, or legal for use in some jurisdictions. By accessing or using the Service, you agree that you are solely and entirely responsible for compliance with all laws and regulations under any jurisdiction applicable to you. This includes responsibility for taxes—you are solely responsible for any and all taxes or assessments now or hereafter claimed or imposed by any government authority or regulator associated with your use of the Service.
14.2 You may not use the Service if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or if your use or access of the Service would be illegal or otherwise violate any applicable law.
15. Intellectual Property
15.1 The Service and its original content, features, and functionality are and will remain the exclusive property of Qoda Finance and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
15.2 Our logos and any other product or service name or slogan contained in the Service are trademarks of Qoda Finance and its suppliers
16. Limitation of Liability
16.1 In no event will Qoda Finance, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages.
16.2 You agree to indemnify and hold harmless Qoda Finance, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Terms.
17. Governing Law
These Terms shall be governed by and defined following the laws of Singapore. Qoda Finance, the Company, and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
18. Termination
We or the Company may terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, effective immediately.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
Contact Information
If you have any questions about these Terms, please contact us at hi@qoda.fi.