1. Information we collect from you
We will collect and process the following data about you:
a) Information you give us: This is information about you that you give us by filling in forms on our site, symmetric.finance (“our site”) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you use our site, submit contact forms or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, personal description.
b) Information we collect about you: With regard to each of your visits to our site we will automatically collect the following information: Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any number or email used to reach our customer service.
3. Uses made of the information
We use information held about you in the following ways:
a) Information you give to us. We will use this information: To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;To provide you with information about other goods and services we offer or enquired about;To provide you with a response to any enquiry submitted;To ensure that content from our site is presented in the most effective manner for you and for your computer.
b) Information we collect about you. We will use this information:To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;To improve our site to ensure that content is presented in the most effective manner for you and for your computer;To allow you to participate in interactive features of our service, when you choose to do so;As part of our efforts to keep our site safe and secure;To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
c) Information we receive from other sources.We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
4. Disclosure of your information
You agree that we have the right to share your personal information with. We will use this information:Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. Any other member of the Symmetric Finance web-based platform. Selected third parties including:Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you;Analytics and search engine providers that assist us in the improvement and optimisation of our site.We will disclose your personal information to third parties:If Symmetric Finance or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or to protect the rights, property, or safety of Symmetric Finance, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
5. Where we store your personal data
6. Your rights
You have the qualifying right to:Access any of your personal data we hold;Remove or amend your personal data;Opt-out of marketing communications;Determine how your personal data is processedMake a complaint about how your personal data is treated by us.We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can also exercise your data rights at any time by contacting us at email@example.com. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for them or their policies. Please check these sites and their policies before you submit any personal data to these websites.
7. Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
All rights reserved.
Symmetric Finance,LastUpdated: March 01, 2023
Symmetric Finance., and/or its affiliates (“we,” “our,” or “us”) provides itssoftware services through its mobile applications and products (collectivelythe“Services” or “Symmetric Finance”). Before using our Services, please readthe Terms of Service (the “Terms”) carefully, along with any other policies ornotices on our website or applications.
AGREEMENT TO TERMS
By accessing or using any or all of the Services, you expressly acknowledgethat
(i) you have read and understood these Terms;
(ii) you agree to be bound by these Terms; and
(iii) you are legally competent to enter into these Terms.
If you do not agree to be bound by these Terms or any updates or modificationsto these Terms, you may not access or use our Services.
WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARESOLELY THE PROVIDER OF SYMMETRIC FINANCE AND WE DO NOT ADVISE OR MAKERECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS.DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITALASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
UPDATES TO TERMS OR SERVICES
We reserve the right to update or modify these Terms at any time at our solediscretion. If we do so, we’ll let you know by either posting the revised Termson our website, on our mobile application or through other methods ofcommunication which we deem reasonable. Such revised Terms as posted will takeeffective immediately, unless otherwise indicated. You should regularly checkour website to inform yourself of any such changes and decide whether or not toaccept the revised version of these Terms. If you continue to use SymmetricFinance following any update or modification of the Terms you shall be deemedto have accepted the revised Terms. If you do not agree to the Terms or anyupdate or modification to the Terms, you must cease to access or use ourServices. Our Services are evolving over time, we may change or discontinue allor any part of theServices, at any time and without prior notice, and at oursole discretion.
To be eligible to use Symmetric Finance:
(i) you must be at least eighteen (18) years old and legally competent to enterinto these Terms;
(ii) you must not be a resident of sanctioned jurisdictions according to anytrade embargoes, UN Security CouncilResolutions (“UNSCR”) or HM Treasury'sfinancial sanctions regime; and
(iii) you must not be currently the subject of or subject to economic sanctionssuch as the United Nations Security Council Sanctions List, the list ofspecially designated nationals maintained by OFAC, the denied persons or entitylist of the U.S. Department of Commerce or any similar list maintained by anyother relevant sanctions authority. If you are using our Services on behalf ofa legal entity, you further represent and warrant that:
(iv) the legal entity is duly organized and validly existing under theapplicable laws of the jurisdiction of its organization; and
(v) you are duly authorized by such legal entity to act on its behalf. You canonly use our Services if permitted under the laws of your jurisdiction. For theavoidance of doubt, you may not use our Services if you are located in, or acitizen or resident of any state, country, territory or other jurisdictionwhere your use of our Services would be illegal or otherwise violate anyapplicable laws.
Please make sure that these Terms are in compliance with all laws, rules, andregulations that apply to you. You agree that you are only using our Serviceswith legally-obtained funds that rightfully belong to you. By using SymmetricFinance, you represent and warrant that you meet all eligibility requirementsthat we outline in these Terms. We may still refuse to let certain people accessor use Symmetric Finance, however, and we reserve the right to change oureligibility criteria at any time.
Symmetric Finance is a non-custodial software, for digital assets such ascryptocurrencies, virtual commodities and NFTs (“Digital Assets”), meaning youare solely in control of and responsible for your Digital Assets and privatekeys, and accordingly you can authorize transactions from your wallet address.You expressly acknowledge and agree that as Symmetric Finance is anon-custodial software, you are solely responsible for your activity and anyrisk of loss at all times.
Symmetric Finance allows you to:
(i) generate transactions that you may use to send and receive digital assets;
(ii) view digital asset price information made available by third party serviceprovider(s); and
(iii) broadcast Digital Asset Transaction data to various blockchains supportedby Symmetric Finance without requiring you to download or install theassociated blockchain-based software to your local device.
(iv) Purchase cryptocurrencies using partner services.
Wallet Address, Private Key, and BackupCapabilities
An encrypted backup of certain information associated with your wallet can bestored on eligible devices. The private key is associated with the walletaddress and, together, they can be used to authorize the transfer ofDigitalAssets to and from that wallet address. You are solely responsible forthe retention and security of your private key and any mnemonic phrase(“SecretPhrase”) associated with your wallet. You must keep your walletaddress, SecretPhrase, and private key access information secure. It is veryimportant that you backup your private keys, backup phrases or passwords.Failure to do so may result in the loss of control of Digital Assets associatedwith your wallet.You acknowledge and agree that we do not receive or store yourwallet password, encrypted private key, unencrypted private key, or SecretPhrase associated with your wallet. We cannot generate a new password for yourwallet if you fail to remember your original password. If you have not safelystored a backup of any wallet address and private key pairs maintained in yourwallet, you accept and acknowledge that any Digital Assets you have associatedwith such wallet address will become inaccessible. Accordingly, we shall haveno responsibility or liability whatsoever in the event you are unable to accessyour wallet for any reason including without limitation your failure to keepyour wallet address, Secret Phrase and private key information secure.
Swap Digital Assets
If you use Symmetric Finance for Digital Assets, a third party will convertyour chosen amount into the applicable Digital Asset and credit it to yourwallet. You acknowledge and agree that:
(i) Symmetric Finance is not responsible for your use of such third partyservice and shall have no liability whatsoever in connection with your use ofsuch service;
(ii) you will be subject to any terms and conditions imposed by the relevantthird party service provider;
(iii) Symmetric Finance has no ability to change, withdraw or cancel anyconversion requests you place;
(iv) Symmetric Finance is not responsible for any exchange rates offered by therelevant third party service provider(s);and
(v) Symmetric Finance is not responsible for any fees charged by the relevantthird party service provider(s) or your bank or credit card issuer(s).
Digital Asset Transactions
In order for all proposed Digital Asset transactions to be completed, they mustbe confirmed and recorded in the Digital Asset’s associated publicblockchain.Such networks are decentralized, peer-to-peer networks supported byindependent third parties, which we do not own, control, or operate. We have nocontrol over the blockchain networks and, therefore, cannot and do not ensurethat any transaction details that you submit via our Services will be confirmedand processed. By using Symmetric Finance, you acknowledge and agree that:
(i) we do not have the ability to cancel or otherwise modify your transaction;
(ii) the transaction details you submit may not be completed, or may besubstantially delayed, by the applicable blockchain networks;
(iii) we do not store, send, or receive Digital Assets; and
(iv) any transfer that occurs in relation to anyDigital Asset occurs on therelevant blockchain network and not on a network owned by us and therefore wedo not guarantee the transfer of title or right in any Digital Asset.
Accuracy of Information Provided by User
You represent and warrant that any information you provide via the Services isaccurate and complete. You accept and acknowledge that we are not responsiblefor any errors or omissions that you make in connection with any Digital Assettransaction initiated via the Services. We strongly encourage you to reviewyour transaction details carefully before attempting to transfer a Digital Asset.
WALLET REGISTRATION AND SECURITY
You must either import or create a wallet in order to use Symmetric Finance.When you create a wallet, you will be assigned a private key. You agree toimmediately notify us of any unauthorized use of your private key or any otherbreach of security of your wallet. Notwithstanding the foregoing, youacknowledge and agree that you shall assume all risks related to the use of theServices and you shall be solely responsible for maintaining theconfidentiality and security of your private key. When you create a wallet, youare strongly advised to take precautions in order to avoid loss of access toand/or control over your wallet. Suggested measures include, but are notlimited to, the following:
(a)creating a strong unique password that you do not use for any otherpurpose(i.e. different to your phone password or any other passwords you usefor websites, online services, etc.) and leveraging biometric authentication ifavailable;
(b) do not store the private key and Secret Phrase in plain text online or inan unsecured physical location;
(c) limiting access to your devices and your wallet;
(d) taking all necessary precautions against malware on your devices andnetworks; and
(e) promptly notifying us if you discover or otherwise suspect any securitybreaches related to your wallet. Notwithstanding anything to the contraryherein, we shall have no liability whatsoever in connection with activitiesthat occur on your wallet with or without your authorization.
You may agree to receive push notifications from Symmetric Finance that willalert you when blockchain networks supported by Symmetric Finance are congestedand when transactions involving your wallet have been completed.
Payment and Fees
Fees applicable to the Services or any component of the Services, if any, shallbeset forth at Symmetric Finance application.
There maybe transaction fees (e.g. mining fees) associated with your virtualcurrency transactions that are required by the virtual currency system orblockchain network that you engage with. You must ensure that you have anadequate balance in your wallet and/or “gas” to complete transactions beforeinitiating a transaction. You acknowledge and agree that we will not be liablefor any failed transactions or losses you incur due to incorrectly settransaction fees(i.e. too low or too high) or due to insufficient funds or gasassociated with your wallet address. You further acknowledge and agree that wedo not have access to your or anyone else’s transactions.
It is your responsibility to determine what, if any, taxes apply to thetransactions that you have submitted transaction details for via the Services,and it is your responsibility to report and remit the correct tax to theappropriate tax authority. You agree that we are not responsible fordetermining whether taxes apply to your transactions or for collecting,reporting, withholding, or remitting any taxes arising from any DigitalAsset-related transactions.
THIRD PARTY SERVICES AND CONTENT
In no event shall a description or reference to a third party’s product orservice(including, but not limited to, providing a description or reference viahyperlink) be construed as an endorsement or promotion of such third partyproducts or services by us. We retain the exclusive right to add to, modify, orcancel the availability of any Third Party Service. You may agree to receivepush notifications from Third Party Content providers. In order to receive pushnotifications, you must opt in to the service. Push notifications will not beautomatically enabled on your device for Third Party Content. We do notcontrol, endorse, or adopt any Third Party Content shared through pushnotifications, and will have no responsibility for Third Party Contentincluding, but not limited to, token availability and/or sales. If, to the extentpermitted by Symmetric Finance, you grant express permission to a third partyto access or connect to your Symmetric Finance account, either through thethird party’s product or service or through Symmetric Finance, you acknowledgethat granting permission to a third party to take specific actions on yourbehalf does not relieve you of any of your responsibilities under these Terms.You are fully responsible for all acts or omissions of any third party withaccess to your wallet.
As long as you agree to and comply with the present Terms, we grant youanon-exclusive, non-sublicensable and non-transferable license to use SymmetricFinance for your personal use or internal business use only. Except asotherwise expressly permitted in these Terms, you will not:
(a) reproduce, modify, adaptor create derivative works of any part of SymmetricFinance;
(b) rent, lease, distribute, sell, sublicense, transfer, or provide access to SymmetricFinance;
(c)use Symmetric Finance for the benefit of any third party;
(d) incorporate Symmetric Finance into a product or service you provide to athird party without our prior written consent;
(d) circumvent mechanisms in Symmetric Finance intended to limit your use;
(f) reverse engineer, disassemble, decompile, translate, or otherwise seek toobtain or derive the source code, including images and texts, underlying ideas,algorithms, file formats or non-public APIs to Symmetric Finance, except to theextent expressly permitted by applicable law (and then only upon advance noticeto us);
(g) remove or obscure any proprietary or other notices contained in SymmetricFinance
(h) use Symmetric Finance for competitive analysis, as part of any othersoftware or project of any kind or to build competitive products.
From time to time, you may choose to submit feedback to us. We may, inconnection with Symmetric Finance, freely use, copy, disclose, license,distribute and exploit any feedback in any manner without any obligation,royalty or restriction based on intellectual property rights or otherwise. Nofeedback will be considered yourConfidential Information, and nothing in thisAgreement limits our right to independently use, develop, evaluate, or marketproducts or services, whether incorporating feedback or otherwise.
Symmetric Finance was developed under a GPL open source license. Informationregarding Symmetric Finance’s current software can be found at https://github.com/centFinanceSince software developmentis community-based, it can be accessed, used, and shared, in modified orunmodified form, by anyone. Please be aware that GPL is a copy left license,which means that any derivative works can only be distributed under the samelicense terms as the original software. If you have any questions, you shouldreview GNU’s terms and conditionsathttps://www.gnu.org/licenses/gpl-3.0.en.html.
Symmetric Finance may contain copyrighted material and trademarks including,but not limited to, text and graphics (the “Content”), which is protected bycopyright law, registered and unregistered trademarks, and other intellectualproperty rights. Unless otherwise provided, we exclusively own the Content.Your use of Symmetric Finance does not grant you any right, title, or interestin the Content. You agree that you will not copy, reproduce, modify, republish,upload, post, transmit, distribute, collect, sell, license, create derivativeworks from, or, in any other way, whether manual or automated, exploit any ofthe Content, in whole or in part.
YOUR USE OF SYMMETRIC FINANCE
You agree that you will not violate any laws when using our Services. Thisincludes any local, provincial, state, federal, national, or international lawsthat may apply to you. You agree that you will not use our Services to pay for,support, or otherwise engage in any illegal activities including, but notlimited to, illegal or otherwise prohibited trade, illegal gambling, fraud,money laundering, or terrorist activities. For the avoidance of doubt, if wediscover that you have violated these Terms and/or any applicable laws orregulatory requirements, including, but not limited to, the Bank Secrecy Act,we reserve all of our rights and remedies under these Terms and at law and willtake all necessary actions against you.
You further agree that:
(i) you will not encourage or induce any third party to engage in any of theactivities prohibited under this Section;
(ii) you will not impersonate someone or use or attempt to use another user’swallet without authorization or use our Services in any manner that couldinterfere, disrupt, negatively affect, or inhibit other users from fullyenjoying it;
(iii) you will not distribute any virus or other harmful computer code through SymmetricFinance;
(iv) you will not take any action that may impose an unreasonable ordisproportionately large load on our or any of our third party providers’infrastructure;
(v) you will not reverse engineer or bypass, circumvent, or attempt to bypassor circumvent any measures that we may use to prevent or restrict access to theServices including, without limitation, other accounts, computer systems, ornetworks connected to the Services; and
(vi) you will not violate, misappropriate or infringe the rights of SymmetricFinance, our users, or others, including privacy, publicity, intellectualproperty, or other proprietary rights. Although we have no obligation tomonitor any user content, we have absolute discretion to take any necessaryactions any time and for any reason without notice in the event you breachthese Terms.
Any use of Symmetric Finance other than as specifically authorized in theseTerms, without our prior written permission, is strictly prohibited and weshall have the right to terminate your license to use Symmetric Financeimmediately without notice. You acknowledge and accept that by usingtheServices, you may be exposed to content that is offensive, indecent, orobjectionable. We take no responsibility and assume no liability for any usercontent, including any loss or damage to any of your user content.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
You acknowledge and agree that we have no control over, and no duty to take anyaction regarding:
(i) failures, disruptions, errors, or delays in the processing of DigitalAssetsthat you may experience while using the Services;
(ii) the risk of failure of hardware, software, and Internet connections;
(iii) the risk of malicious software being introduced or found in the softwareunderlying Symmetric Finance;
(iv) the risk that third parties may obtain unauthorized access to informationstored within your wallet, including, but not limited to your wallet address,private key, and Secret Phrase; and
(v) the risk of unknown vulnerabilities in or unanticipated changes to theapplicable blockchain networks.
You release us from all liability related to any losses, damages, or claimsarising from:
(a) user error such as forgotten passwords, incorrectly constructedtransactions, or mistyped Digital Asset addresses;
(b) server failure or data loss;
(c) unauthorized access to the Symmetric Finance application;
(d) bugs or other errors in the Symmetric Finance software; and
(e) any unauthorized third party activities, including, but not limited to, theuse of viruses, phishing, brute forcing, or other means of attack against SymmetricFinance. We make no representations concerning any Third Party Contentcontained in or accessed through our Services. Any other terms, conditions,warranties, or representations associated with such content, are solely betweenyou and such organizations and/or individuals.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OURAFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS,OFFICERS,EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BELIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL,PUNITIVE,CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER(INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE,PROFITS OR OTHERBUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT,TORT, NEGLIGENCE,STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS ORUSE OF THE SERVICES,INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OFYOUR WALLET ADDRESSAND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOURWALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICESOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE SYMMETRICFINANCE SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANYTHIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); ANY ACTIONS WE TAKE ORFAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;HUMAN ERRORS;TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONEOUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OFANY DEVICEOR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO,THOSE THAT DONOT PERMIT PARTICIPATION IN OUR SERVICES); ANY INJURY OR DAMAGE TO COMPUTEREQUIPMENT; INABILITY TO FULLY ACCESS OUR WEBSITE, SYMMETRIC FINANCE ORTHESERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZEDACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE ORINCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS,OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TOTHE WEBSITE, SYMMETRICFINANCE APPLICATION OR ANY OTHER ASPECT OF THE SERVICES. SOME JURISDICTIONS DONOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TOYOU. IN NO EVENTSHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN MAY BE REQUIRED BYAPPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONEHUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OFTHE APPLICABLE JURISDICTION.
SYMMETRIC FINANCE IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WITHOUTWARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALLREPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICESAND UNDERLYING SOFTWARE OR ANY ASPECT OF THE INFORMATION, CONTENT, OR THESERVICES, WHETHER PROVIDED OR OWNED BY US, OR BY ANY THIRD PARTY OR CONTAINEDIN ANY THIRD PARTY MATERIALS OR ON ANY THIRD PARTY WEBSITES ACCESSIBLE ORLINKED TO OUR WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT,FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIESARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALLOF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANTTHAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE,CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OFUSING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANYREPRESENTATIONS OR GIVE WARRANTIES THAT THE ACCESS TO SYMMETRIC FINANCE OR USEOF THE SERVICES AND THE FUNCTIONALITY THEREOF WILL BE CONTINUOUS,UNINTERRUPTED, TIMELY OR ERROR-FREE.SOME STATES DO NOT ALLOW THE DISCLAIMER OFIMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, you agree to defend, indemnify, andhold harmless us, our affiliates, and our respective shareholders, members,directors, officers, employees, attorneys, agents, representatives, suppliersand contractors, from and against any and all claims, damages, obligations,losses, liabilities, tort, costs or debt, and expenses (including, but notlimited to, attorney’s fees) arising from: (a) your use of and access totheServices; (b) any feedback or submissions you provide to us concerning SymmetricFinance; (c) violation of any Third Party Content (d) your violation oftheTerms; or (e) your violation of any law, rule, or regulation, or the rightsof any third party.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to yourrelationship with us must be filed within one year after such claim arises,otherwise, your claim is permanently barred.
No matter where you’re located, the laws of England and Wales will govern theseTerms and the parties’ relationship as if you signed these Terms in England orWales. If any provisions of these Terms are inconsistent with any applicable law,those provisions will be superseded or modified only to the extent suchprovisions are inconsistent. The parties agree to submit to the courts ofEngland andWales for exclusive jurisdiction of any dispute arising out of orrelated to your use of the Services or your breach of these Terms. You waiveany objection based on lack of personal jurisdiction, place of residence,improper venue, or forum non conveniens in any such action.
NOTE TO INTERNATIONAL USERS
In the event of termination concerning your license to use Symmetric Finance,your obligations under this Agreement will still continue. Your access to thefunds in your Wallet after termination will depend on your access to yourbackup of your Wallet address and private key.
DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without cost to you, with or without priornotice, and at any time, modify or discontinue, temporarily or permanently, anyportion of our Services. You are solely responsible for storing outside of theServices a backup of any wallet address and private key pair that you maintainin your wallet. Maintaining an external backup of any wallet address andprivate key pairs associated with your wallet will allow you to access theblockchain network upon which your wallet is secured. Such a backup will allowyou to fully restore your wallet at any time without cost or loss of yourDigitalAssets. If you do not maintain a backup of your wallet data outside oftheServices, you will not be able to access the Digital Assets associated withyour wallet. Symmetric Finance shall not be held responsible or liable for anyloss of Digital Assets in the event that we discontinue all or any part oftheServices.
Our failure to exercise or delay in exercising any right, power, or privilegeunder this Agreement shall not operate as a waiver; nor shall any single orpartial exercise of any right, power, or privilege preclude any other orfurther exercise thereof. The waiver of any such right or provision will beeffective only if in writing and signed by a duly authorized representative ofus. Except as expressly set forth in this Agreement, the exercise by eitherparty of any of its remedies under this Agreement will be without prejudice toits other remedies under this Agreement or otherwise.
If it turns out that any part of this Agreement is invalid, void, or for anyreason unenforceable, that term will be deemed severable and limited oreliminated to the minimum extent necessary. The limitation or elimination ofthe term shall not affect or impair the validity or enforceability of anyremaining part of that term, clause or provision or any other terms, clauses orprovisions of theseTerms.
We shall not be held liable for any delays, failure in performance, orinterruptions of service which result directly or indirectly from any cause orcondition beyond our reasonable control, including but not limited to: anydelay or failure due to any acts of God, acts of civil or military authorities,acts of terrorism, civil or industrial disturbances, blockages, embargoes, war,strikes or other labor disputes, fire, earthquakes, storms or othernature-related events, interruption in electrical telecommunications orInternet services or network provider services, failure of hardware equipmentand/or software or other utility failures, smart contract bugs or weaknesses,technological changes, changes in interest rates or other monetary conditions,and, for the avoidance of doubt, changes to any blockchain-related protocol,other catastrophe, or any other occurrences which are beyond our reasonablecontrol, and shall not affect the validity and enforceability of any remainingprovisions. If we are unable to perform our Services outlined in the Terms dueto factors beyond our control, including, but not limited to, theaforementioned force majeure events or changes in applicable laws and/orsanctions policies, we shall not be liable for the Services provided underthese Terms during the time period coincident with the event in question.
You agree that we may assign any of our rights and/or transfer, sub-contract,or delegate any of our obligations under these Terms without any notice orconsent from you. These Terms will bind and inure to the benefit of theparties, their successors and permitted assigns. Your agreement to these Termsis personal to you and you may not transfer or assign it to any third party.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, thereshall be no third party beneficiaries to the Terms.
ThisAgreement sets forth the entire understanding and agreement as to thesubject matter hereof and supersedes any and all prior discussions, agreements,and understandings of any kind (including, without limitation, any priorversions of the Terms) and every nature between us. Except as provided forabove, any modification to these Terms must be in writing and must be signed byboth parties.
Any notices or other communications provided by us under these Terms, includingthose regarding modifications to it will be given by posting to the Servicesand/or through other electronic communication. You agree and consent to receiveelectronically all communications, agreements, documents, notices anddisclosures that we provide in connection with your account and your use oftheServices.
QUESTIONS OR COMMENTS
If you have any questions relating to these Terms, your rights and obligationsarising from these Terms and/or your use of Symmetric Finance and our Services or any other matter please send us a message on our contact page.
All rights reserved