Disclaimer

Latest Update: July 5, 2024

THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATION PURPOSES ONLY. WE ARE NOT REGULATED BY ANY FEDERAL OR STATE REGULATORY AGENCY AND ARE NOT SUBJECT TO THE EXAMINATION OR REPORTING REQUIREMENTS OF ANY SUCH AGENCIES. WE ARE NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND DO NOT OFFER SECURITIES SERVICES IN THE UNITED STATES OR TO U.S. PERSONS. YOU ACKNOWLEDGE THAT VIRTUAL ASSETS, PORTFOLIO OF YIELD PRODUCTS AND SHARES OF VIRTUAL ASSET PRODUCTS PROVIDED BY SOLV OR DISPLAYED ON THE INTERFACE ARE NOT SECURITIES AND ARE NOT SUBJECT TO PROTECTIONS OR INSURANCE PROVIDED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR THE SECURITIES INVESTOR PROTECTION CORPORATION. IF YOU BELIEVE WE ARE OFFERING SERVICES RELATED TO SECURITY, PLEASE STOP USING THE SERVICES. YOU ACKNOWLEDGE THAT OUR SERVICES ARE SUBJECT TO FLAWS AND THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING ANY RISK EXISTED IN THE SERVICES OR INTERFACE. THIS WARNING AND OTHERS SOLV PROVIDES IN THE TERMS OF USE IN NO WAY EVIDENCE OR REPRESENT AN ON-GOING DUTY TO ALERT YOU TO ALL OF THE POTENTIAL RISKS OF USING THE SERVICES OR ACCESSING THE INTERFACE.

1. No Professional Advice

All information and capital flows are operated completely in accordance with the Smart Contract. Public information provided by our Services is for reference purposes only and shall not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any investment, financial, legal, tax, accounting, or other decisions involving the Interface, you should seek professional advice from a licensed and qualified individual in the area. You clearly understand that we do not guarantee that you will receive the proceeds you expect from investing through our Services.

2. No Monitoring and No Fiduciary Duties

Solv is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities undertaken by you using our Services. We do not monitor whether your use of our Services is consistent with your financial goals and objectives. It is up to you to assess whether your financial resources are adequate for your financial activity with us, and to your risk appetite in the Services you use. Virtual Asset markets are open 24 hours a day, 7 days a week. Rapid price changes may occur at any time, including outside of normal business hours.

The Terms of Use do not create or impose any fiduciary or endorsement duties on us. We never take direct possession, custody or ownership of any Virtual Asset or other property transmitted via the Interface. To the fullest extent permitted by law, you acknowledge and agree that neither your use of the Interface nor the Services causes us to owe 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, and that we and any other Participant shall be held completely harmless in relation thereof. You further agree that the only duties and obligations that we owe you are those set out expressly in the Terms of Use.

3. Limitation of Liability

We shall not be liable for any action taken or omitted by it pursuant to, or in connection with, the Terms of Use except to the extent that a court of competent jurisdiction determines that our gross negligence or willful misconduct was the direct cause of any loss to you, and subject to the limitations set forth below.

Despite anything else stated in the Terms of Use, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to:

a. the ownership, validity or genuineness of any Virtual Asset;

b. the collectability, insurability, effectiveness, marketability or suitability of any Virtual Asset;

c. transactions you conduct or attempt to conduct using our Services; or

d. losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond our control, including without limitation: the failure of the blockchain network or a particular protocol; acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; fire; flood; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; or non-performance by a third party.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SOLV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE INTERFACE, THE SERVICES, ANY WEBSITES LINKED THROUGH OUR SERVICES, ANY CONTENT ON THE INTERFACE OR SUCH OTHER INTERFACES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A PARTICIPANT, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE INTERFACE, THE SERVICES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SOLV AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO SOLV FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.