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# 📜 esRAMP Terms and Conditions

# 1. WHO WE ARE

  1. https://ramp.streamablefinance.com/ is a website-hosted user interface ("Interface") operated by Morel Intl Solutions LTD under the brand Streamable Finance ("esRamp", "we", "our" or "us").

  2. These terms of use, together with any documents and additional terms they incorporate by reference (collectively the "Terms") govern your access to and use of the Interface. You must read the Terms carefully.

  3. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN CLAUSE 26 (DISPUTE RESOLUTION) BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND esRAMP AGREE THAT ANY DISPUTES RELATING TO YOUR ACCESS AND USE OF THE INTERFACE AND/OR WEBSITE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

# 2.YOUR ACCEPTANCE OF THESE TERMS

  1. These Terms constitute a legally binding agreement made between you, an individual user or website visitor, whether personally or on behalf of an entity (herein referred to as "user", "you" or "your") and esRamp concerning your access to and/or use of the Interface and all applications, content, software, and services available via our website (collectively, the "Services"). If you do not agree to these Terms, you may not access or use the Interface or other Services.

  2. These Terms also refer to our Privacy and Cookies Policy, which are incorporated by reference and also apply to your use of the Interface. See further under the User Data section at clause 19 below.

  3. We may amend these Terms from time to time at our sole discretion. Any amendments to these Terms shall take effect immediately when we post them on the website and shall apply to all access and use of the Interface thereafter. Your continued use of the Interface after we have updated these Terms and posted them on the website shall constitute your acceptance of the modified Terms. Every time you wish to use the Interface, please check these Terms to ensure you understand the terms and conditions that apply at that time

# 3. THE INTERFACE

  1. The Interface is an independent interface providing one of the available applications through which users, via their self-custodial wallets, may interact with certain underlying third party services ("Underlying Services"):
  • The Streamable Finance - a publicly DEX and Streaming Protocol consisting of open-source, self-executing, smart contract-based software programs that are deployed on various permissionless public blockchain networks and which facilitate the peer-to-peer exchange of crypto-assets through interactions with cross-chain bridges, decentralised exchanges and aggregators. Further information about the Streamable Finance is available at Streamable Finance.
  • The user is an individual or company that holds a Wallet or Current Account with a third party entity connected to the platform operating this interface. All third party entities connected to this interface ("Underlying Service Provider") are described at the following link. These providers are authorised by their respective supervisory authorities to issue and redeem e-money which is represented on traditional schemes and circuits with the symbol in use (e.g. EURO) while on the blockchain with the suffix "es-" (e.g. "esEUR").

  1. esRamp only provides the Interface and is not responsible for any Third Party Services accessible through the Interface, including Underlying Services, which remain the responsibility of the respective Third Party Service Provider at all times. es-Ramp allows users to interact (through their self-custodial wallet) with third parties in order to facilitate e-money transactions on traditional circuits and schemes and on the blockchain. esRamp does not operate, control, manage or execute: (a) any version of the Streamable Finance or your access to and use of such protocol; (b) any access to or any use by you of regulated third party services relating to the issuance or redemption of e-money, or any other associated services; or (c) any other Third Party Services (as defined in clause 45.2 below) with which you interact via the Interface.

  2. We are not a party to any transaction on the blockchain networks underlying the Third Party Services that you interact with via the Interface. We do not have possession, custody or control over a user's crypto-assets, stablecoins, electronic money, or any other assets or funds, nor do we process or settle any transactions on the relevant blockchain networks (such transactions are processed and settled via the consensus mechanism that applies to the relevant blockchain network). You understand that when you use and/or interact with Third Party Services via the Interface, you retain control over your crypto-assets and funds.

# 4. ELIGIBILITY

  1. The Interface is only offered and available to users who are 18 years of age or older. You must meet all eligibility requirements set out in these Terms. If you do not meet our eligibility requirements, you may not access or use the Interface or any of our other Services.

  2. Please note that in order to use the Interface you must: Register and maintain an account with regulated Third Parties as described above by completing the relevant onboarding process, which involves providing KYC information and agreeing to the relevant Terms and Conditions of the Third Party used. The third parties are completely autonomous in both accepting their customers and monitoring transactions, consequently, use of the Interface is restricted to users who have an account with these third parties; and understand and accept the Terms of Streamable Finance.

  3. By using the Interface, you represent and warrant that:

    • you are at least 18 years old;
    • you have the legal capacity, and full right, power and authority, to form a binding agreement with us on these Terms;
    • you are compliant and will remain compliant with the Streamable Finance Terms and third party Terms, including but not limited to meeting the eligibility requirements to access and use their respective services;
    • you are compliant and will remain compliant throughout your use of the Services with all legal and regulatory requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements;
    • you will not use the Services if any laws or regulations applicable to you prohibit you from doing so in accordance with these Terms;
    • you are not placed on the United States Department of Commerce, Bureau of Industry and Security's Denied Persons List; identified as a "Specially Designated National" by the Office of Foreign Assets Control of the U.S. Department of the Treasury; or classified or otherwise identified (or previously classified or identified as) or affiliated with a person that is classified or otherwise identified on a specially designated persons/blocked persons list published by international organisations, including, but not limited to the United Nations, European Union and its Member States, United States and United Kingdom sanctions lists;
    • you are not a resident or citizen of (nor, if applicable, incorporated or having a registered office in), or accessing the Interface from the United States of America or any jurisdiction in which the entry into or performance of your obligations under these Terms or the delivery, holding, use, or exchange of crypto-assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind, nor do you have any relevant connection with any such jurisdiction;
    • you are not located in, under the control of, or a national or resident of
    • (i) any international sanctioned countries, or
    • (ii) any country listed on economic/trade embargo lists published by an international organisation, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the United Nations, European Union and its Member States, United States and United Kingdom sanctions lists;
    • you are not acting on behalf of or representing any other natural person, legal person or legal entity; and
    • you shall not access the Interface using any technology or methods for the purposes of circumventing or attempting to circumvent any of the restrictions in these Terms (including, without limitation use of a Virtual Private Network (VPN) to modify your internet protocol address).

# 5. ACCESS TO THE INTERFACE

  1. The Interface is made available free of charge, and we do not charge any fees for the use of our Services through the website. You may however be required to pay fees in connection with the use of Third Party Services (as defined below) that the Interface interacts with. For example, transactions using blockchains may require the payment of gas fees, which are essentially network transaction fees paid on every transaction that occurs on the selected blockchain network. Please note that gas fees are non-refundable.

  2. To access the Interface and the functionalities it offers, you may be asked to use or connect to third party and/or decentralised applications, software, protocols, APIs and services including, but not limited to: public permissionless blockchain networks, cross chain bridges, decentralised exchanges and aggregators, smart contract protocols, MetaMask and other self-custodial crypto-asset wallet software, wallet connect protocols, E-Money Institutions, Money Service Business, Payment Service Providers, Banks (collectively "Third Party Services"). It is important you understand that such Third Party Services are provided by third parties and governed by separate terms and conditions, which may include fees, disclaimers and risk warnings. By using our Interface, you agree to accept and comply with any terms and conditions which may apply to the use of such Third Party Services.

  3. You may only interact with the Interface through a compatible crypto-asset wallet that is either owned by you, or by a person or entity who has authorised you to access and carry out transactions from such a wallet. You understand and agree that you are solely responsible for maintaining the security of your self-custodial wallet. You alone are responsible for securing your private keys, seed phrase or other credentials that you use to interact with and authorise transactions from your self-custodial wallet ("Security Credentials"). We do not have access to your Security Credentials.

  4. If you use a Third Party Service that relies on a username, password, private key, seed phrase or any other piece of information as part of its security procedures, it is your sole responsibility to protect, secure and keep such information confidential. You represent and warrant that any identity linked to your use of a Third Party Service is personal to you and that you will not provide any other person with access to such identity while using the Interface.

  5. You agree to ensure that you will take appropriate measures to protect and prevent any Third Party Services from unauthorised access or use of this Interface, such as by logging out of or locking the account associated with any Third Party Services at the end of each session. You should exercise particular caution when accessing the Interface from a public or shared computer to ensure others are not able to view or record your password, private key, or other Security Credentials.

  6. We have the right to disable any identity associated with a Third Party Service (such as that represented by a public address) on the Interface or to block any IP address from accessing the Interface at any time in our sole discretion for any or no reason, including if, in our opinion, the user or that identity has violated any provision of these Terms.

  7. We reserve the right, in our sole discretion and without incurring any liability to you: update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Interface and/or the Services; update, change, remove, cancel, suspend, disable or restrict any features, content, component, design of, or functionalities available through the Interface.

  8. We do not guarantee that the Interface, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Interface at any time for any reason. We shall not be liable to you or any other person if, for example, the Interface or any part of it is unavailable at any time or for any period.

  9. You are responsible for making all arrangements necessary to access and use the Interface. You are also responsible for ensuring that all persons who access the Interface through your internet connection or device are aware of these Terms and that they comply with them.

# 6. PROPER USE; PROHIBITED USE

1.You acknowledge that you are responsible for your own use of the Interface and for any posting to the Interface you make, including transmitting data, information, comments, ideas, code, or other information in any form to us (collectively referred to as the "User Input").

  1. You further acknowledge that any incorrect, inaccurate or incomplete User Input may result in your authorising actions relating to a crypto-asset transaction which may be irreversible and irrecoverable. esRamp shall not be responsible or liable for any errors or omissions in any User Input that results in losses to the user, and which arises in connection with the use of the Interface or any of our Services.

  2. You agree to use the Interface in compliance with all applicable national and international laws, rules and regulations, and, without limiting the generality of the foregoing, you also agree that you will not:

    • use the website or Interface for any unlawful or illegal purpose, or transmit or otherwise make available in connection with the website or Interface any material that would give rise to criminal or civil liability;
    • use the Interface to execute any transactions that may be considered a securities transaction or otherwise requires registration with any global, federal or state regulator or agency or applicable self-regulatory organisation;
    • impersonate any person or entity, including any esRamp representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    • infringe on or violate any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights associated with the Interface, its content or Third Party Services;
    • imply that esRamp endorses any of your statements or positions;
    • take any action that imposes an unreasonable burden on the website's server and, without limitation, any denial-of-service attack or distributed denial-of-service attack;
    • use any device, software, routine or other means, directly or indirectly, to interfere or attempt to damage, disable, impair, compromise, or interfere with the proper working of the Interface, the website, the Services, or any activity, computer systems, devices or other services in connection therewith;
    • gain or attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Interface, the server on which the Interface is stored, or any server, computer, or database connected to the Interface, including any underlying blockchain;
    • attempt to bypass any measures designed to prevent or restrict access to the Interface or the website, or any portion of the Interface or the website;
    • attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Interface or the website;
    • engage in any other activities deemed inappropriate by us or that is in contravention of these Terms or any local or international laws or - regulations applicable to you or to us; and/or
    • contribute to or facilitate any of the foregoing activities.

# 7. RESERVATION OF RIGHTS

  1. Without limiting any other right or remedy available to us under these Terms or applicable law, we reserve the right to, in our sole discretion and without notice or any liability to you, suspend, restrict, and/or terminate your access to or use of all or part of the Interface or Services for any reason, including without limitation:

    • any violation, or suspected or alleged violation or circumvention, or attempted circumvention of these Terms or of applicable laws, rules and regulations;

    • where it is our reasonable opinion that we are required to do so by applicable laws, rules and regulations, or any court or other adjudicating authority to which we are subject in any jurisdiction;

    • upon reasonable suspicion that your wallet has been used or is being used in connection with money laundering, terrorist financing, fraud or any other financial crime, or fraudulent or illegal activities, including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions;

    • upon reasonable suspicion that the assets in your wallet are subject to pending litigation, investigation, or government proceedings, including litigation that is brought or threatened against us; and for any other reason which we deem is appropriate.

  2. Without limiting any other right or remedy available to us under these Terms or applicable law, we reserve the right to, in our sole discretion and without notice or liability to you take appropriate legal action, including without limitation, referral to any national or international governmental, regulatory or law enforcement authority ("Regulatory Authorities"), for any illegal or unauthorised use of the Interface.

  3. Without limiting the foregoing, we have the right to cooperate fully with any Regulatory Authorities or court order requesting or directing us to disclose the identity or other information of anyone using or accessing the Interface. The user waives and holds harmless esRamp and its Affiliates, licensees, agents, and service providers from any claims resulting from any action taken by any of them during, or taken as a consequence of, investigations by Regulatory Authorities.

# 8. SCOPE OF LICENCE TO USERS

  1. The Interface and website, together with their 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 esRamp, its affiliated persons or entities ("Affiliates"), its licensors or other providers of such material and are protected by copyright, trademark and other intellectual property or proprietary rights laws. All such rights are reserved, and you acknowledge that nothing in these Terms gives you any ownership rights in respect of any intellectual property owned by us, our Affiliates and/or our licensors.

  2. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Interface and website solely for your own use. esRamp, its Affiliates and its licensors shall at all times remain the owner of any intellectual property rights in the Interface and website and their content. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile the Interface or any other Services for any purpose other than as expressly permitted under these Terms. Except as set forth in these Terms, we grant you no rights to the Interface or any other Services.

  3. The Interface and/or website may contain code, commonly referred to as open source software, which is distributed under open source licence terms, including terms which allow the free distribution and modification of the relevant software's source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor ("Open Source Software"). To the extent that the Interface and/or website contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable licensor ("Open Source License Terms") and not under these Terms, and you accept and agree to be bound by such Open Source License Terms.

  4. You may only use the Interface and its content as permitted by law and under these Terms. Use of the Interface for any purpose not expressly permitted by the Terms is strictly prohibited. We reserve and retain all rights not expressly granted to you in these Terms, and all intellectual property rights relevant to Third Party Services remain with their respective owners. If you breach our intellectual property rights or the intellectual property rights of our Affiliates or licensors in violation of these Terms, your licence to use the Interface and website will automatically be revoked and terminate with immediate effect and you shall, at our option, return or destroy any copies of the materials you have made.

# 9. TRADEMARKS

  1. The esRamp name, its logo and all related names (including product and services names), designs and slogans are trademarks of Streamable Finance or any Affiliates or licensors. You must not use such marks without the prior written permission of esRamp. The intellectual property rights in and to the Interface are either owned by us or licensed to us by third-party licensors, and, as between you and us, we are and will remain the sole and exclusive owner of all right, title, and interest in and to the Interface, and all intellectual property rights related thereto.

  2. Other than the licence we expressly grant to you in these Terms, no other rights are granted to you in respect of the intellectual property rights associated with the Interface and website; and no part or parts of the Interface or website may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works, or otherwise used or commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.

# 10. WE ARE NOT RESPONSIBLE FOR BUGS AND YOU MUST NOT INTRODUCE THEM

  1. You understand and accept that you use the Interface at your own risk. We do not guarantee that the Interface or website will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes to access the Interface. You should use your own virus protection software.

  2. You must not misuse the Interface or website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Interface, the server on which our website is stored, or any server, computer or database connected to our Interface or website. You must not attack our Interface or website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing any information we consider relevant about you to them. In the event of such a breach, your right to use the Interface will cease immediately.

# 11. THIRD PARTY CONTENT AND EXTERNAL LINKS

  1. In using the Interface or website, you may be exposed to content, resources and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties ("Third-Party Content"), either on our website or through any links directing to third-party websites or mobile applications. We do not review, monitor, operate or control any such Third-Party Content. The inclusion or appearance of Third-Party Content on the website does not indicate any approval, verification or endorsement by esRamp of such Third-Party Content.

  2. If you access any Third-Party Content, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. esRamp is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third-Party Content.

# 12. RULES ABOUT YOU LINKING TO OUR SITE

  1. Where we allow you to do so, you may link to the Interface and/or our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Interface or our website in any website without the website owner's authorisation.

  2. The website you are linking must comply in all respects with the content standards set out in these Terms.

# 13. COMPLIANCE WITH LAW AND TAX OBLIGATIONS

  1. By accessing or using the Interface or any other Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

  2. Specifically, your use of the Interface or other Services may result in various tax consequences ("Taxes"), such as income or capital gains tax, duties, value-added tax, goods and services tax, or sales tax in certain jurisdictions.

  3. It is your sole responsibility to determine whether your access and/or use of the Interface, website or Third Party Service may give rise to any tax implications and, if so, to report and/or remit the correct Taxes to the appropriate tax authority, and you agree to indemnify us and our Affiliates for any failure by you to meet your obligations as to Taxes.

# 14. INDEMNIFICATION

  1. You agree to defend, indemnify, and hold harmless esRamp, its Affiliates, licensors, and service providers, and its 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 or resulting from:

    • (i) your breach or violation of these Terms (including, without limitations, any representations and warranties) or of the rights of any third party, or of any applicable laws, rules or regulations;
    • (ii) your access, contribution to, use or misuse of the Interface, Services, or Third Party Services; or
    • (iii) any other party's access and use of the Interface or Services with your assistance or using any device or account that you own or control.

  2. Without prejudice and in addition to the indemnity provided in clause 14.1, in the event a third party brings any claim, suit or proceeding against esRamp as a result of your breach of these Terms, you agree to cooperate and provide all assistance as we may reasonably require or request in connection with our defence of such claim, suit or proceeding.

  3. The indemnity set out here is in addition to, and not in lieu of, any other remedies that may be available to us under applicable law.

# 15. LIMITATION & EXCLUSION OF LIABILITY

  1. Under no circumstances will esRamp, its Affiliates, or any of its or their officers, directors, employees, contractors, or agents be liable to you for any:

    • loss of profits, sales, business or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage arising out of or relating to any access to or use of the Interface or Services.

  2. Under no circumstances will esRamp, its Affiliates, or any of its or their officers, directors, employees, contractors, or agents be liable to you for any loss or damage (whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeable), arising under or in connection with:

    • the use or misuse of, or inability to use, the Interface;
    • any user conduct on the Interface;
    • use of or reliance on any content (including any contributions and Third-Party Content) displayed on the Interface or website;
    • termination, suspension or restriction of access to the Interface;
    • interruption or cessation of function related to the Interface;
    • Third Party Services or third party sites and the availability or unavailability thereof; or
    • a cyber-attack, virus or other malicious or technologically harmful material that may be transmitted to your computer equipment, devices, applications, programmes, data or other proprietary material due to your use of the Interface or any content available on our website.

  3. IF AND TO THE EXTENT THAT WE ARE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING UNDER THESE TERMS, OUR TOTAL AGGREGATE LIABILITY TO YOU WILL BE LIMITED TO USD 100. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

  4. Some jurisdictions do not allow exclusion of warranties or limitation of liability as set out in this clause, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of esRamp, its Affiliates, their respective officers, directors, employees, agents, suppliers, or licensors or anyone associated with esRamp shall be limited to the greatest extent permitted by law.

# 16. DISCLAIMERS

  1. You understand and agree that we do not have access to your private key or other Security Credentials and cannot initiate or authorise any transaction from your self-custodial wallet involving your crypto-assets. You acknowledge that esRamp is not responsible for and has no involvement in transferring, safeguarding, or maintaining any crypto-assets associated with or stored in your self-custodial wallet. We are not responsible for any activities that you engage in when using your wallet, or the Interface.

  2. You understand and agree that we have no involvement in, and you will not hold us responsible for, managing and maintaining the security of your self-custodial wallet, private keys, Security Credentials. Any unauthorised access to your Security Credentials and/or self-custodial wallet by third parties could result in the loss or theft of any crypto-assets or funds held in your wallet and any associated wallets. Blockchain transactions may not be reversed and therefore, if you lose or mishandle your Security Credentials or are the victim of theft of any crypto-assets associated with or stored in your self-custodial wallet, you acknowledge that you may not be able to recover such crypto-assets and that esRamp is not responsible for such loss.

  3. THE INTERFACE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IN PARTICULAR, BUT WITHOUT LIMITATION, WE EXPRESSLY EXCLUDE ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES: IN RELATION TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE; THAT THE INTERFACE OR OTHER SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE. THE OPERATION OF THE INTERFACE MAY BE INTERFERED WITH BY FACTORS OUTSIDE OF OUR REASONABLE CONTROL; THAT THE INTERFACE OR OTHER SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THEY OR THEIR SERVER(S) ARE FREE OF BUGS, VIRUSES OR OTHER MALICIOUS OR TECHNOLOGICALLY HARMFUL MATERIAL; THAT THE INTERFACE OR OTHER SERVICES, CONTRIBUTIONS OR THIRD-PARTY CONTENT IS ACCURATE, RELIABLE, COMPLETE OR UP TO DATE, AND WE ARE UNDER NO OBLIGATION TO UPDATE THE INTERFACE OR ITS COMPONENTS; AND THAT THE INTERFACE WILL MEET THE USER'S EXPECTATIONS.

  4. These Terms are not intended to, and do 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 excluded. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

  5. You acknowledge that esRamp is not responsible for any loss, damage or liability arising from or caused by (whether in whole or in part) any failure by you to comply with these Terms.

# 17. RISKS ASSOCIATED WITH THIRD PARTY SERVICES

  1. Blockchains and smart contracts are still emerging technologies that carry a high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. The mere access to and interaction with blockchains and smart contracts requires a high degree of skill and knowledge to operate with a relative degree of safety and proficiency. Crypto-assets are highly volatile in nature due to many diverse factors, including (without limitation) their use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and applications. Further, the speed and cost of transacting with blockchain-related services (such as decentralised applications and smart contract protocols) is variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the user has with blockchain services, networks or protocols may be publicly visible and readable in human form. By accessing and using the Interface, you acknowledge and agree that we are not responsible for any of the foregoing variables or risks and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with any blockchain networks, services and applications.

  2. You understand and agree that the decentralised and autonomous protocols, applications and services, and the underlying blockchain networks, are not controlled by esRamp. By accessing and using the Interface, you acknowledge the foregoing and the other risks involved with blockchains and Third Party Services more generally; and you represent that:

  • you have sufficient knowledge, and are informed of all foreseeable risks, and the possibility of unforeseeable risks, associated with the Interface, blockchains, and Third Party Services;
  • esRamp is not responsible for any of these (or related) risks, does not own or control Third Party Services that the user interacts with via the Interface, and cannot be held liable for any resulting harms, damages, or losses incurred by or against the user while accessing or using the Interface.

accordingly, you acknowledge the foregoing, represent your understanding of the foregoing, and agree to assume full responsibility for all risks of accessing and using the Interface and interacting with Third Party Services, whether mentioned in these Terms or otherwise. The User further expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User's use of the Interface and the User's interaction with Third Party Services.

# 18. INFORMATION ON THE SITE IS NOT ADVICE

  1. Neither the Interface, nor any of the content or information on our website or available through our Services constitutes any legal, tax, financial, investment, professional or other advice. Due to the non-custodial and decentralised nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any decisions you make or activities that you undertake when using our Services. When in doubt as to the action you should take, you should consult your legal, financial, tax or other professional advisors. You acknowledge and agree that, to the fullest extent permissible by law, you have not relied on esRamp or any other user for any professional advice related to the use of the Interface or any Third Party Services that you may interact with via the Interface.

  2. The Interface and Third Party Services it interacts with may not always be entirely accurate, complete or current and may also include technical inaccuracies or typological errors. Accordingly, you should verify all information before relying on it to undertake any activity through the Interface. All decisions based on information contained on the Interface are your sole responsibility and esRamp shall have no liability for actions or decisions that you take as a result of any content or information available through our Interface.

# 19. USER DATA

  1. All information you provide to interact with the Interface or otherwise, including, but not limited to, by using any interactive features on the Interface, is governed by our Privacy Policy, and you consent to all actions we may take with respect to your information as described in our Privacy Policy. Please refer to our Privacy Policy, available at Privacy for information about how we collect, use, share and otherwise process information about you.

  2. Our Privacy Policy also explains how we use cookies and similar technologies on our website, as well as any options you may have to control or opt out of certain cookies.

# 20. ELECTRONIC COMMUNICATION

  1. We may be required or choose to provide certain communications to you in written form. By agreeing to these Terms, you consent to the delivery of those communications in electronic form, including e-mail or other electronic message.

  2. You agree that all terms and conditions, disclosures, or agreements provided by esRamp electronically satisfy any legal requirement that such communications would satisfy if they were provided in non-electronic form. You waive any rights to require an original, wet, non-electronic signature, to the extent that such waiver is not prohibited under applicable law.

# 21. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our prior written consent shall be null and void. We may assign, novate or transfer the Interface and these Terms to any of our Affiliates, or in connection with a merger or other disposition of all or substantially all of our assets.

# 22. ENTIRE AGREEMENT

These Terms (including any document incorporated into these Terms by reference) constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties (whether written or oral) relating to the Services.

# 23. NO WAIVER

No failure or delay by esRamp to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

# 24. PROVISIONS ARE SEVERABLE, IF FOUND INVALID

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

# 25. HOW TO RESOLVE COMPLAINTS AND DISPUTES

If an alleged breach, controversy, claim, dispute or difference arises out of or in connection with your use of the Interface or in connection with these Terms ("Dispute"), - (i) insofar as the Dispute relates to the Underlying Services, you agree to first seek to resolve the matter with the Underlying Service Provider amicably, in accordance with their respective terms; - (ii) insofar as the Dispute relates solely to the Interface, you agree to first seek to resolve the matter with us amicably, in accordance with these Terms.

# 26. DISPUTE RESOLUTION

  1. YOU AGREE AND UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU EXPRESSLY WAIVE ANY RIGHT, IF ANY, TO A TRIAL BY JURY AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN RELATION TO ANY DISPUTE. YOU AGREE THAT A DISPUTE IN RELATION TO THESE TERMS OR THE INTERFACE CANNOT BE BROUGHT AS A CLASS, OR OTHER TYPES OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.

  2. In the event a Dispute cannot be resolved amicably in accordance with clause 25, within a period of sixty (60) days, then any such Dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration ("LCIA Rules"). The seat of the arbitration shall be London, unless we mutually agree to hold it elsewhere. The arbitration will be conducted confidentially by a single arbitrator appointed in accordance with the LCIA Rules. The language to be used in the arbitral proceedings shall be English. The governing law of these Terms shall be the substantive law of the United Kingdom.

# 27. GOVERNING LAW

These Terms and any dispute or claim arising out or in connection with these Terms (including any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with the law of the United Kingdom.