These terms and conditions ("Terms”) govern the use of the Site and the Services. These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between ZeroToOne Labs Ltd and its affiliates ("HydraSwap”, "we”, "us” ) and you, an end user of the services ("you” or "User”) at https://www.hydraswap.io ("Services”). By accessing, using or clicking on our website (and all related subdomains) or its mobile applications ("Site”) or accessing, using or attempting to use the Services, you agree that you have read, understood, and are bound by these Terms and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Site or the Services. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features
4. Additional Rights
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the Site; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Site; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
6. Unacceptable Use or Conduct
As a condition to accessing or using the Site or the Services, you will not:
Violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, such as the Bank Secrecy Act, each as may be amended;
Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site or the Services;
Use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or Services, or that could damage, disable, overburden, or impair the functioning of the Site or Services in any manner;
Attempt to circumvent any content filtering techniques or security measures that HydraSwap employs on the Site, or attempt to access any service or area of the Site or the Services that you are not authorized to access;
Use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Services or to extract data;
Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the Services;
Provide false, inaccurate, or misleading information;
Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
Post content on the Site containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of the Services;
Use the Site or the Services from a jurisdiction that we have, in our sole discretion, or a relevant governmental authority has determined is a jurisdiction where the use of the Site or the Services is prohibited; or
Encourage or induce any third party to engage in any of the activities prohibited under this Section 6.
7. No Professional Advice
All information provided by the Site or Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Site or Services. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
8. No Warranties
To the maximum extent permitted under applicable law, the Site and the Services (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Site or the Services (including any data relating thereto) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Site or the Services are correctable or will be correctable.
You acknowledge that your data on the Site or Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under applicable law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the applicable law of the jurisdiction in which you reside.
9. No Broker, Legal or Fiduciary Relationships
HydraSwap is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any other decisions or activities that you have when using the Site or the Services. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as, advice.
10. Compliance Obligations
The Site or Services may not be available or appropriate for use in other jurisdictions. By accessing or using the Site or Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
11. Assumption of Risk
You represent and warrant that you:
Have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any transactions that you engage in through the Site or Services;
Have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable law of engaging in transactions through the Site or Services;
You represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), solana (SOL) and other digital tokens such as those following the Solana Program Library standard (SPL).
You understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation.
You acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Services, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and may experience significant price slippage and cost.
You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens.
You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Solana are variable and may increase at any time.
You hereby assume, and agree that HydraSwap will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against HydraSwap, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
12. Third-Party Resources and Promotions
13. Release of Claims
You expressly agree that you assume all risks in connection with your access and use of the Site and Services provided by HydraSwp. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Site or Services.
You will defend, indemnify, and hold harmless us, our affiliates, and our and our affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your access and use of the Site and Services; (b) your violation of any term or condition of this Terms, the right of any thor party, or any other applicable law, rule or regulation; (c) any feedback or user content you provide to the Site and Services, if any; or (d) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, HydraSwap (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether HydraSwap wishes to settle, and if so, on what terms.
15. Limitation of Liability
In no event shall our aggregate liability (together with our affiliates, including our and our affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors) arising out of or in connection with the Site and the Services (and any of their content and functionality), any performance or non-performance of the Services, your tokens, or any other product, service or other item provided by or on behalf of us, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed the amount of fees paid by you to us under these Terms, if any, in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
16. Dispute Resolution and Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with HydraSwap and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. In addition, arbitration precludes you from suing in court or having a jury trial. You and HydraSwap agree that any dispute arising out of or related to these Terms or our Services is personal to you and HydraSwap and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. Except for small claims disputes in which you or HydraSwap seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or HydraSwap seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and HydraSwap waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against HydraSwap or relating in any way to the Services, you agree to first contact HydraSwap and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to HydraSwap by email at firstname.lastname@example.org or by certified mail addressed to email@example.com
The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and HydraSwap cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York City, New York, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and HydraSwap agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.The arbitrator, HydraSwap, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and HydraSwap agree that for any arbitration you initiate, you will pay the filing fee and HydraSwap will pay the remaining JAMS fees and costs. For any arbitration initiated by HydraSwap, HydraSwap will pay all JAMS fees and costs. You and HydraSwap agree that the state or federal courts of the State of New York and the United States sitting in New York City, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and HydraSwap will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by emailing us at firstname.lastname@example.org
In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17. If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.
17. Governing Law
The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Site or the Services, will be governed by and construed and enforced in accordance with the laws of the British Virgin Islands, as applicable, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. Any right or remedy of HydraSwap set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable law, at law or in equity. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We will have no responsibility or liability for any failure or delay in performance of the Site or any of the Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. You may not assign or transfer any right to use the Site or the Services, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval. Headings of sections are for convenience only and shall not be used to limit or construe such sections. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Site and the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.