TERMS OF SERVICE
Last Modified: September 21, 2022
These Terms of Service and any terms expressly incorporated herein (the “Terms”) governs access to and use of all parts of the website(s), platform(s) and application(s) branded as LFinance (“LFI", “We”, “Our”, “Us”) and referring to the domain https://www.lfi.io (the “Platform”) and all documents, data, materials or other information made available on the Platform.
Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Platform. You implicitly acknowledge and agree to be legally bound by these Terms and Privacy and Cookie Policy as published on the Platform at the time of each use. If You do not agree to the Terms and Privacy and Cookie Policy, please refrain from using the Platform.
These Terms may be made available in several languages; all versions are legally binding, but in the event of inconsistency between the English version and a translated version, the English version prevails.
We cannot guarantee that Our Services will always meet Your demands. As We grow, We will likely add new services, change certain features and drop old features. However, We truly hope You will always be always satisfied with Us and Services We provide to You.
- DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meaning:
“User”, “You”, “Your” refers to all individuals and entities accessing our Platform “LFI Terms of Services”, “the Terms” LFI’s Terms of Services for the Users available on the Platform and as may be amended from time to time. “LFI”, “We”, “Us”, “Our” refers to a decentralized finance and blockchain services company, developed by the DIGIFI GROUP LTD, incorporated in British Virgin Islands - company code: 2073860, address: Skelton Bay Lot, Fish Bay, Tortola, British Virgin Islands. “Collaboration Partner” permits LFI to deliver the Services to the User. Through the confirmation of the present Terms, the User agrees to the Terms of Use and Privacy Policies of each Collaboration Partner, without prejudice that any of these may require additional consent or validation necessary for the part of the service they are in charge of. Collaboration Partners may restrict their services to Users who do not comply with Collaboration Partner’s risk appetite. All services regulated as e - money and/or payments services are exclusively provided by the Collaboration Provider (and never by LFI). “Funds” in account for both crypto and fiat currencies that hold inter-exchangeable value and are operated within Our system. These funds can be digitally deposited, withdrawn, transferred, and stored. “Platform” a publicly accessible internet-based information system that is branded as ‘LFI’, available via the Website and/ or App and operated or managed by DIGIFI GROUP LTD. “Services” connecting the Users to technological tools through the use of Our Platform by providing the Collaboration Partners’ services that enable Users to access a decentralized exchange (Platform), liquidity, farming, and staking functions, as well as minting and cloud mining. “Wallet” a storage that is used to digitally and securely store, send, and receive cryptocurrencies. LFI has a multi-currency wallet allowing Our Users to receive different types of cryptocurrencies supported by the LFI. The Wallet holds one or more public addresses that act as cryptocurrency account numbers and can be used to receive that particular asset. Blockchain is a linear chain of multiple linked blocks that are cryptographically secured. Each block contains, among other things, a list of recent transactions and a reference to the block that came immediately before it. - GENERAL PROVISIONS
2.1 The use of the Platform and its content is voluntary and falls under the responsibility of the User.
2.2 The Services are intended solely for Users who are at least 18 years old and who satisfy the criteria described in these Terms. The User must warrant that he/she: (i) as an individual, legal person, or other organization, which has full legal capacity and sufficient authorizations to enter into these Terms; (ii) and Your use of this Platform in compliance with any and all applicable laws and regulations.
2.3 As long as You agree to and comply with these Terms, We guarantee You the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Platform and the Services.
2.4 We may provide certain Services which are facilitated by our third party Collaboration Partners. We may provide such service providers with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and you are the authorized person to use the payment instrument.
- SERVICES ACCESS
3.1 Access to the Services is granted through Our Platform. Your use of the app remains at all times subject to the terms of conditions and privacy policies of the relevant app store from which You downloaded it, for example the Google Play or the Apple App Store. To the extent that there is a conflict between those terms and conditions and these Terms, these Terms prevail.
3.2 Certain Services or parts of the Platform may be accessible only by agreeing to the terms and conditions and privacy policies of Our Collaboration Partner’s. We strongly advise You to read these terms along with the terms and conditions and privacy policies of Our Collaboration Partners before applying for the Services.
3.3 You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Services or its security measures, any servers, other equipment or networks connected to the Services or on which it is stored or any software used in the provision of the Services, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (the “Viruses”). You also agree to take steps to ensure that the hardware and software that You employ to access the Services does not introduce any form of computer Viruses or similar item into the Service and agree to indemnify Us for any loss that it may suffer as a result of such introduction.
- USER OBLIGATIONS
4.1 When using the Platform, You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in relation to Your access and use of the Platform:
4.1.1. Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
4.1.2. Fraud and Misrepresentation. Post false, inaccurate, misleading, defamatory, unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content on Our Platform through/on Our Services or commercialize any Our services, application, or any information or software associated with them.
4.1.3. Intellectual Property Infringement. Use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content of the Platform not owned by You in a way that violates someone else’s (including Ours) rights.
4.1.4. Illicit Transactions and Wallet Exposure Risks. Conducting illicit transactions and holding a wallet that has any direct or indirect links and exposure to any sanctions, terrorist financing, child abuse, scam, fraud or fraud service categories and/or hops.
Non-Custodial and No Fiduciary Duties. - The Platform is a purely non-custodial application, meaning You are solely responsible for the custody of the cryptographic private keys to the digital asset wallets You hold. This Term is not intended to, and does 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 eliminated. You further agree that the only duties and obligations that We owe You are those set out expressly in this Terms.
- LINKS TO OTHER WEBSITES
5.1 The Platform may contain links to third-party (including, but not limited to, Collaboration Partner) websites or services that are not owned or controlled by Us.
5.2 We have no control over, and We assume no responsibility for, the information, content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, goods or services available on or through any such websites or services.
5.3 We do not accept liability for the content of any referenced or linked off-site page and are not liable for that content. The risk of injury rests entirely with You. Links from the Platform to other websites do not constitute an endorsement from Us. It is your responsibility to evaluate the content and usefulness of information obtained from other websites.
- DISCLAIMERS
6.1 There is a risk that We may be temporarily or permanently not able to provide access to the Platform and thus also to the Services. The Platform is provided “as is” and “as available”. We and our Collaboration Partner’s, expressly disclaim all representations or warranties of any kind, whether express, implied, statutory, or otherwise about the Platform and Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
6.2 LFI do not warrant that (i) the Platform will function uninterrupted, secure or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Platform is free of viruses or other harmful components; (iv) any content and data, including Your data, will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the Services will be accurate or reliable; or (vi) the results of using the Platform will meet Your requirements or expectations.
6.3 YOUR USE OF THE PLATFORM AND ITS CONTENT IS AT YOUR SOLE RISK. THE PLATFORM PROVIDED IN “AS IS”, FOR USE AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. Although LFI developed the initial code for the Platform, it does not provide, own, or control the Platform, which is run by smart contracts deployed on the blockchain.
6.4 Upgrades and modifications to the protocol are managed in a community-driven way by holders of the LFI Token. No developer or entity involved in creating the LFI will be liable for any claims or damages whatsoever associated with Your use, inability to use, or Your interaction with other Users of, the Platform, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, digital assets or anything else of value.
- ASSUMPTION OF RISK
7.1 By accessing or using any LFI Services, You are voluntarily choosing to engage in sophisticated and risky asset exchanges and transactions. You are further acknowledging that You are aware of the many risks associated with the use of these Services and with engaging in transactions in cryptocurrencies, including, but not limited to, risks of financial loss, technology glitches (including, but not limited to, problems with the blockchain technology), and hacking. We work hard to provide state-of-the-art systems and security. Nonetheless, certain issues and risks are unavoidable, and if such issues or problems arise in connection with Your use of Our Platform, including technical difficulties with depositing or trading cryptocurrencies, it may take days, weeks, or months to resolve, and some issues may not be resolved at all. By agreeing to these Terms, You acknowledge that LFI is not responsible for the aforementioned risks, and You voluntarily assume and accept such risks in deciding to engage in cryptocurrency transactions on Our Platform.
7.2 You assume the risks of engaging in transactions that rely on smart contracts and other experimental technology. Transactions may rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of crypto assets, their market value, or digital funds. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Platform. We assume no liability or responsibility for any such risks. If You are not comfortable assuming these risks, You should not access or engage in transactions using blockchain-based technology.
7.3 You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge and agree that all transactions accessed through the Services will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the Services, You acknowledge and consent to the automatic processing of all transactions in connection with using the Services. You further acknowledge and agree that the applicable smart contract will dictate how the funds of a transaction and ownership of crypto assets are distributed.
7.4 You acknowledge the risks of using the Services. You bear sole responsibility for evaluating the Services before using them, and all transactions accessed through the Services are irreversible, final, and without refunds. The Services may be disabled, disrupted or adversely impacted as a result of sophisticated cyber-attacks, surges in activity, computer viruses, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify You of all of the potential risks of using and accessing our Services. You agree to (defined below) accept these risks and agree that You will not seek to hold LFI responsible for any consequent losses.
7.5 You are solely responsible for the security of Your wallet. You understand and agree that You are solely responsible for maintaining the security of Your wallet. Any unauthorized access to Your wallet by third parties could result in the loss or theft of any crypto asset, or any funds held in Your account and any associated accounts. 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 wallet. You further understand and agree that We are not responsible, and You will not hold us accountable, for any unauthorized access to Your wallet. It is Your responsibility to monitor Your Wallet.
- LIABILITY
8.1 In no event shall LFI, its Board Members, Employees, Collaboration Partner’s or entities of the LFI’s group, be liable for any indirect, incidental, special, consequential or punitive damages or loses (even if LFI has been advised of the possibility of these damages or loses), including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Platform; (ii) any conduct, content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or alteration of Your transmissions, content, whether based on warranty, contract, tort (including negligence) or (v) any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8.2 We endeavor to ensure but cannot guarantee essentially uninterrupted availability of the Platform and the Services and error-free transmissions. Access to the Platform or the Services may also be suspended or restricted from time to time to allow for repairs and maintenance or the introduction of new services or tools.
- INDEMNIFICATION
You shall indemnify and hold LFI, Our partners, Collaborative Partners (service providers) affiliates, officers, agents, subsidiaries, joint ventures and employees harmless from any costs, damages, expenses and liabilities caused by Your use of Our Platform. You agree to fully compensate Us for any and all claims, civil responsibilities, damages, expenses and cost, caused by or arising from Your use of the Services including, but not limited to, exploitation of the Platform’s software error/glitch.
- TERMINATION
These Terms are effective unless and until terminated by either You or Us. You may terminate them with Us at any time by ceasing all access to the Platform or the Services. If, in Our sole judgment, You fail, or We suspect that You have failed, to comply with any term or provision of these Terms (including without limitation any provision of these Terms), We reserve the right to terminate Our agreement with You and deny Your access to the Services. We further reserve the right to restrict Your access to the Platform or to stop providing You with all or a part of the Services at any time and for no reason, including, without limitation, if We reasonably believe: (a) Your use of the Services exposes Us to risk or liability; (b) You are using the Services for unlawful purposes and/or (b) it is not commercially viable to continue providing You with Our Services. All of these are in addition to any other rights and remedies that may be available to Us, whether in equity or at law, all of which We expressly reserve.
- GENERAL PROVISIONS
11.1 You may not assign, sub-license or otherwise transfer any of Your rights and/or obligations under these Terms to any third party.
11.2 We will have no liability to You for any failure or delay in performing any of Our obligations under these Terms to the extent that such failure or delay is caused or contributed to by You or by an event or circumstance beyond Our reasonable control.
11.3 These Terms (together with the Privacy Policy and Cookie Policy) contain the entire agreement and understanding of the parties relating to the subject matter of the agreement between Us and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the same.
11.4 If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which will remain in full force and effect.
11.5 Failure by either You or Us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- GOVERNING LAW
These Terms are governed by and shall be construed in accordance with the laws of the British Virgin Islands (“BVI”). You irrevocably agree and acknowledge that subject as provided below, the courts of the British Virgin Islands shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms.
- DISPUTE RESOLUTION
13.1 In the event of any dispute, You may contact Us and We shall amicably settle the dispute by negotiating. In any such circumstances, if you are not satisfied with the complaint resolution process made, You shall have the right to refer Your complaint to the arbitration process.
13.2 London Courts of International Arbitration (LCIA) shall be the Arbitrator and LCIA Arbitration Rule shall have the exclusive power, including limitation of any objections with respect to the existence, scope or validity of these agreements to arbitrate. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by LCIA.
13.3 The arbitration shall be conducted by a sole, neutral arbitrator and shall take place in BVI or LCIA London or another mutually agreeable location by both parties, in English Language.
13.4 The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in the BVI courts. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
- MODIFICATIONS
We reserve the right, in Our sole discretion, to modify these Terms from time to time. If We make any modifications, We will notify You by updating the date at the top of this Terms and by maintaining a current version of the Terms. All modifications will be effective when they are posted, and Your continued accessing or use of the Platform will serve as confirmation of Your acceptance of those modifications. If You do not agree with any modifications to these Terms, You must immediately stop accessing and using the Platform.
- PRIVACY POLICY
We care about Your data protection, its security and confidentiality. Please refer to Our Privacy Policy to find information on how We will process Your personal data when You visit or use Our Platform or contact Us.
- CONTACT US
Any User who is dissatisfied with Our Services, has found a deficiency, or has any claims or questions may contact Us via Our email support@lfi.com.
