Terms of Service
Last Updated: February 20th, 2025
Last updated
Last Updated: February 20th, 2025
Last updated
This Terms of Service (this “Agreement”) describes the terms and conditions by which you may access and/or use the website and user interface of Asseto Fintech Limited, a British Virgin Islands company (“Asseto”, “we”, “our”, or “us”), located at (including any successor or alternative URL(s) made available by Asseto from time to time) (the “Interface”) and the software, digital services, and/or documentation that Asseto makes available through the Interface.
This Agreement is a contract between you and Asseto. You must read this Agreement carefully as it governs your access to and use of Asseto’s websites, including Asseto, and Asseto’s web applications, mobile applications, and all associated sites linked thereto by Asseto or its affiliates (collectively with any materials and services available therein, and successor website(s) or application(s) thereto, the “Site”). By accessing or using any of the Site, you (on behalf of yourself or the entity that you represent) (a) signify that you have read, understand, and agree to be bound by, this Agreement in its entirety and that you have read and understood our Privacy Policy, and (b) represent and warrant that you have the willingness, right, authority, and capacity lawfully to enter into, and be bound by, this Agreement. If you do not agree, you are not authorized to access or use any of our Products. All visitors, users, and others who access or use the Products are subject to the terms of this Agreement.
SECTION 9 (DISPUTE RESOLUTION; ARBITRATION) CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVERS WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 9(F) (RIGHT TO OPT OUT), (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST ASSETO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS. PLEASE NOTE THAT YOUR USE OF THE PRODUCTS IS SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE ANY PRODUCT IN ANY MANNER.
The Site provides information about and, subject to meeting eligibility requirements and successfully completing Asseto’s onboarding process, allows access to certain products issued by special purpose vehicles (each, a “Product” or collectively referred to as “Products”) supported by Asseto (collectively referred to as the “Services”). Please note that each Product is independently governed by the terms, conditions, and requirements outlined in applicable agreements between you and the issuing special purpose vehicle. These agreements are not modified or replaced by these Terms, and Asseto is not a party to or responsible for any acts or omissions under those agreements. The Services may include functionalities such as providing access to Products via protocols to interact with centralized or decentralized applications, APIs, and other software developed or provided by Asseto to facilitate access to the Prodcuts. The Asseto Protocal, an open-source protocol consisting of interconnected smart contracts and other code available for review and inspection at (the “Protocol”). However, engaging in bilateral transactions (including smart contract-based decentralized transactions) involving the Products or cryptocurrency and other blockchain-based assets (collectively, “Digital Assets”) is not part of the Services. Such transactions are conducted at your own risk. You acknowledge and agree that Asseto does not offer execution, settlement, or clearing services of any kind and is not responsible for the execution, settlement, or clearing of blockchain-automated transactions. Execution, settlement, or clearing of decentralized blockchain transactions (including those involving Digital Assets) occurs directly on the Ethereum blockchain (or another blockchain as specified in the Services interface). Asseto has no involvement in or responsibility for any such activities or transactions.
Third parties have the ability to develop decentralized software applications and other products that are built on top of the Network (“Third-Party Products”), and you may be able to access Third-Party Products from time to time through the Products or through other channels.
Third-party products are not owned, operated or otherwise controlled by asseto, and the term “Products” as defined in this agreement does not include, and shall not be deemed to include or otherwise refer to, third- party products.
Third-party products are classified as “third-party services” (as defined in section 3(b)). Your access to and/or use of third-party services (including, for clarity, any third-party products), is subject to the Terms and Conditions of those third-party services as further described in section 3(b) (third-party services), and Asseto disclaims any liability related thereto.
The products are distinct from the protocol, and the term “Products” as defined in this agreement does not include, and shall not be deemed to include or otherwise refer to, the protocol.
Asseto does not operate, provide or otherwise control the protocol and cannot operate or control any activity and/or data on the protocol. The protocol and the suite of smart contracts and other code comprising it are contributed, used, and supported by a wide variety of participants, and asseto is one of these many participants. The products are one, but not the exclusive, means of accessing and interacting with the protocol; you can access and interact with the protocol directly, without the products, and there May currently or in the future be other websites or interfaces operated by third parties that allow you to access and interact with the protocol.
The products are distinct from the network, and the term “Products” as defined in this agreement does not include, and shall not be deemed to include or otherwise refer to, the network. Asseto does not operate, provide or otherwise control the network or any transactions occurring on the network. The network is an infrastructure to orderbook exchanges allowing them to create liquid markets. The network, and transactions occurring on the network, are supported and processed by third-party validators (also known as node operators) that are not owned, operated or otherwise controlled by asseto. The third-party validators’ activities of minting and redeeming deusd are likewise not controlled by asseto.
Asseto does not provide money transmission services or any form of payment services. Asseto does not own or control or otherwise have any rights to any funds, digital assets, or other stores of value, and asseto has no role in any transfer of any funds, digital assets, or other stores of value that substitutes for currency to another location or person by any means. The products do not enable you to engage in, and Asseto does not engage in or offer any services involving, the transfer, transmission, or payment of money, currency, or any other stores of value between Asseto and you or any other users.
All financial transactions are facilitated through third-party services (as defined in section 3(b) (third-party services)). Your participation in any financial transactions or transfers are subject to the terms and conditions of those third-party services as further described in section 3(b) (third-party services), and asseto disclaims any liability related to such transactions.
Asseto is not registered with any governmental agency in any other capacity. You understand and agree that Asseto does not broker trading orders on your behalf or facilitate the execution or settlement of your trades, which occur entirely on public distributed blockchains like Ethereum. As a result, Asseto does not (and cannot) guarantee market best pricing or best execution through the products.
You understand and agree that, by using the products, you are not buying digital assets from Asseto or selling digital assets to Asseto, and Asseto is not a liquidity provider for any liquidity pools on any marketplaces and does not operate any liquidity pools on the protocol or control trade execution on the protocol.
Asseto does not and will not provide any investment advice in connection with any transactions, and to the fullest extent not prohibited by applicable laws, asseto owes no fiduciary duties or liabilities to you or any other party (and to the extent any such duties or liabilities May exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities). All information and content provided or made available on or through our products is provided: (a) for general information purposes only; and (b) without any regard whatsoever to the personal circumstances of any person.
You may use the Products only if you can form a legally binding contract with us, and only in compliance with all applicable local, state, national, and international laws, rules and regulations, including, without limitation, any applicable sanctions laws, export control laws, securities or other financial regulatory laws, anti-money laundering laws, or privacy laws (collectively, “Applicable Laws”) and this Agreement. If your access to or use of the Products is prohibited by any Applicable Laws and/or this Agreement, then you are not authorized to, and you may not, use the Products. Asseto is not, and will not be, responsible or liable for any access to or use of the Products in violation of any Applicable Laws.
YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND COMPLYING WITH ALL APPLICABLE LAWS AND ALL OTHER ELIGIBILITY REQUIREMENTS FOR THE PRODUCTS (COLLECTIVELY, “ELIGIBILITY REQUIREMENTS”). YOU EXPRESSLY RELIEVE ASSETO FROM ANY AND ALL LIABILITY ARISING FROM ANY NONCOMPLIANCE WITH ANY ELIGIBILITY REQUIREMENTS, AND ASSETO IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF ANY NONCOMPLIANCE WITH ANY ELIGIBILITY REQUIREMENTS.
Without limiting any other section of this Agreement, if you access or use the Products, you represent and warrant that:
your access to or use of the Products is not prohibited by, and does not otherwise violate or assist you to violate, any Applicable Laws;
you are not a person or entity who resides in, is located in, is incorporated in, or has a registered office in the United States, and are not accessing the Products from within the United States;
you are not, and for the duration of the time you use the Products, will not be(i) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the United Nations Security Council, the European Union, His Majesty’s Treasury of the United Kingdom of Great Britain and Northern Ireland (the “UK Treasury”), and the U.S. Department of Treasury) (collectively, “Sanctioned Person”), or (ii) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, European Union, any EU country, the UK Treasury, or the United States, including without limitation Cuba, the Crimea, Donetsk, and Luhansk regions of Ukraine, Iran, North Korea, Russia, Syria, or Yemen (collectively, “Restricted Territories”);
you do not intend to, and will not, transact with any Sanctioned Person or any person in any Restricted Territory;
you do not, and will not, use a Virtual Private Network or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Products;
you either own, or are authorized to use and carry out all actions using, the digital assets you use in connection with the Products; and
all information that you provide in connection with the Products is and will at all times remain current, complete, and accurate.
Without limiting any other section of this Agreement, if you access or use the Products, you agree that:
you are solely responsible for your use of the Products, including without limitation all transactions you engage in using the Products;
you are solely responsible for maintaining the security and confidentiality of any authentication credentials that you use in connection with the Products;
Asseto does not and will not act as an agent for you or any other user of the Products, and all transactions you engage in using the Products are considered unsolicited, which means that they are solely initiated by you;
the Products are purely non-custodial, meaning Asseto does not and will not ever have custody, possession, or control of your digital assets at any time;
Asseto has no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any transactions that you engage in using the Products, and Asseto is not responsible for ensuring that any counterparty with whom you transact completes the transaction or is authorized to do so;
you are solely responsible for any and all fees, including without limitation any gas fees or other transaction fees, that may be required in connection you’re your use of the Products, including without limitation any transactions that you engage in using the Products;
you are solely responsible for reporting and paying any and all taxes applicable to your use of the Products, including without limitation any transactions that you engage in using the Products; and
digital assets that have been “bridged” or “wrapped” to operate on other blockchain networks (including to blockchain networks compatible with the Ethereum Virtual Machine that are designed to ensure the Ethereum blockchain can effectively process more transactions or other blockchains that are frequently referred to as “Layer 2” solutions) are distinct from the original Ethereum mainnet asset.
Except to the extent a restriction is prohibited by any Applicable Laws, you agree that you will not:
use the Products in any way that violates, or promotes the violation of, any (i) Applicable Laws, (ii) contractual obligation, or right of any person, including, but not limited to, intellectual property and other proprietary rights, or (iii) the terms of this Agreement;
use any device, software or routine that interferes with the proper working of any Product;
attempt to probe, scan or test the vulnerability of the Products, or otherwise seek to interfere with or compromise the integrity, security, or proper functioning of the Products;
attempt to interfere with the proper working of the Products, or interfere with, damage, or disrupt any parts of the Products, the server(s) on which the Products is stored, or any server, computer or database connected to the Products;
attempt to engage in improper, manipulative or abusive trading practices;
engage in activities that involve data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Products;
attempt to transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
encourage, induce or assist any third party to engage in any of the activities described in this section.
By access or using the Products, you (i) represent that you are sophisticated enough to understand the various inherent risks of using cryptographic and public blockchain-based systems, including but not limited to the Protocol and digital assets, and (ii) acknowledge and accept all such risks, and agree that we make no representations or warranties (expressly or implicitly) regarding such systems, and that you will not hold us liable for those risks, including but not limited to the risks described below, any or all of which could lead to losses and damages, including the total and irrevocable loss of your assets. These risks include, but are not limited to:
Wallet Security and Safekeeping: You are solely responsible for the safeguarding and security of your non-custodial crypto wallets (the “Wallets”). If you lose your wallet seed phrase, private keys, or password, you may be forever unable to access your digital assets. Any unauthorized access to your Wallet by third parties could result in the loss or theft of your digital assets. We have no involvement in, or responsibility for, storing, retaining, securing or recovering your Wallet seed phrases, private keys, or passwords, or for any unauthorized access to your Wallet.
Blockchain Technology: Public blockchain networks, and the technology underlying and interacting with cryptographic and public blockchain-based networks, are experimental, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to a particular public blockchain network (e.g., via forks) could disrupt these technologies irreparably. There is no guarantee that any of these technologies will not become unavailable, degraded, or subject to hardware or software errors, operational or technical difficulties, denial-of-service attacks, other cyberattacks, or other problems requiring maintenance, interruptions, delays, or errors.
Network Cost and Performance: The cost, speed, and availability of transacting on public blockchain networks are subject to significant variability. There is no guarantee that any transfer will be confirmed or transferred successfully.
Blockchain Transactions and Smart Contract Execution: Public blockchain network-based transactions (including but not limited to transactions executed by triggering or “calling” smart contracts) are generally considered irreversible when confirmed. Any transaction that will interact with smart contracts or be recorded on a public blockchain network must be recorded with extreme caution. If you act as a liquidity provider through the Protocol by using the Products, you understand that your digital assets may lose some or all of their value while they are supplied to the Protocol through the Products due to the fluctuation of prices of digital assets or trading pairs in a liquidity pool. In addition, you understand that you may experience delays in withdrawing digital assets from the Protocol due to the nature of active liquidity being deployed in liquidity pools through the Protocol. For example, to protect us and our users from loss, we may delay a withdrawal, in certain situations, including if we need to confirm that you have authorized the withdrawal.
Digital Assets: The markets for digital assets are nascent and highly volatile due to various risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. Digital assets and their underlying blockchain networks are complex emerging technologies that may be subject to delays, halts or go offline as a result of errors, forks, attacks or other unforeseeable reasons. Purchasing, holding, or trading in digital assets involves considerable risk and may result in you losing all of your money or the value of your digital assets. Anyone can create a digital asset, including fake versions of existing digital assets and digital assets that falsely claim to represent projects. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs. You are solely responsible for understanding the risks specific to each digital asset that is relevant to you.
Bridging: In addition to being an especially novel and untested implementation of blockchain technology in general, cross-blockchain bridging technology has historically been, and may in the future be, the subject of numerous cyberattacks and exploits, including without limitation, hacks that exploit a vulnerability in the associated software, hardware, systems or other equipment or social engineering to gain control of the any bridge components, Wallets, smart contracts or other related systems. You understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge.
Upgrades to the Protocol: The Protocol is subject to periodic upgrades, which may introduce other risks, bugs, malfunctions, cyberattack vectors, or other changes to the Protocol that could disrupt the operation of the Products, the functionality of bridging, your ability to access bridged digital assets, or otherwise cause you damage or loss.
Third Party Risks: Third-Party Services (as defined in Section 3(b) (Third-Party Services)) carry their own individual, oftentimes highly significant risks. When you use the Products to interact with any third-party products, you are subject to all of those risks.
Legislative and Regulatory Risks: Digital assets, blockchain technology, and any related software and services are subject to legal and regulatory uncertainty in many jurisdictions. Legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of digital assets, bridging, the Protocol, or the Products.
In summary, you acknowledge and agree that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using any of our Products. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Products to interact with the Protocol.
Generally
The Products may enable you to access, use, or otherwise interact with products, services, promotions, resources, or other content provided by one or more third parties that are not owned or controlled by us (collectively, “Third-Party Services”), and certain functionalities of the Products may require your use of Third-Party Services.
YOUR ACCESS TO AND/OR USE OF ANY THIRD-PARTY SERVICE, INCLUDING BUT NOT LIMITED TO ANY INTERACTION OR TRANSACTION BY YOU WITH, ON, OR THROUGH ANY THIRD-PARTY SERVICE, IS SUBJECT TO THE APPLICABLE THIRD-PARTY SERVICE’S TERMS AND CONDITIONS AND/OR ANY OTHER TERMS MADE AVAILABLE ON OR AGREED TO BY YOU IN CONNECTION WITH SUCH THIRD-PARTY SERVICE, AND ANY TRANSACTION AND/OR INTERACTION BY YOU WITH, ON OR THROUGH A THIRD-PARTY SERVICE IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY. IF YOU ACCESS, USE, OR INTERACT WITH A THIRD-PARTY SERVICE IN ANY WAY, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT DOES NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES.
ASSETO DOES NOT APPROVE, MONITOR, ENDORSE, WARRANT, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, AND ASSETO IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH A BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES; (II) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (III) SERVER FAILURE OR DATA LOSS; (IV) CORRUPTED WALLET FILES; OR (V) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE- FORCING OR OTHER MEANS OF ATTACK AGAINST THE PRODUCTS OR ANY THIRD-PARTY SERVICES.
YOU EXPRESSLY RELIEVE ASSETO FROM ANY AND ALL LIABILITY RELATING TO YOUR ACCESS TO, USE OF, OR INTERACTION WITH, OR RELIANCE ON, ANY THIRD-PARTY SERVICE.
Certain Specific Third-Party Services
Without limiting any other section of this Agreement, you agree to the following terms with respect to the Third-Party Services described below.
1. Blockchain Networks
The Products enable you to interact with public blockchain networks that are not owned or controlled by Asseto. In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, and anyone can use, copy, modify, and distribute it. By using the Products, you agree that (a) Asseto is not responsible for the operation of the blockchain networks that you may interact with, (b) Asseto makes no guarantee of the functionality, security, or availability of such blockchain networks, and,(c) such blockchain networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Products and your use thereof.
WE ARE NOT AND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH A BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES; (II) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (III) SERVER FAILURE OR DATA LOSS; (IV) CORRUPTED WALLET FILES; OR (V) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, ANY BLOCKCHAIN NETWORK.
2. Wallets
To use certain portions of the Products, it may be necessary to connect an eligible Wallet and provide certain information through functionality offered by a Third-Party Service. For example, to access the Products, you must use a Wallet which allows you to interact with public blockchain networks. Your relationship with the provider of the Wallet is governed by the applicable terms of service of such provider.
WE DO NOT HAVE CUSTODY OR CONTROL OVER THE CONTENTS OF YOUR WALLET AND HAVE NO ABILITY TO RETRIEVE OR TRANSFER ITS CONTENTS. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY RELATING TO YOUR ACCESS TO, USE OF, INTERACTION WITH, OR RELIANCE ON, ANY WALLETS.
3. Bridges
When you elect to transfer any digital assets to any liquidity pool that is deployed on a blockchain network that requires the use of cross-chain bridges, which allow assets native to one blockchain network to be transferred to another blockchain network, you understand and agree that you will use a “bridge” provided by a Third-Party Service provider. Your relationship with that bridging service provider is governed by the applicable terms of service of such provider.
WE DO NOT HAVE CUSTODY OR CONTROL OVER THE DIGITAL ASSETS YOU PROVIDE TO ANY “BRIDGE” AND HAVE NO ABILITY TO RETRIEVE OR TRANSFER ANY SUCH DIGITAL ASSETS. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY RELATING TO YOUR ACCESS TO, USE OF, INTERACTION WITH, OR RELIANCE ON, ANY BRIDGES OR BRIDGING FUNCTIONALITY.
4. User Rewards
In connection with your serving as a liquidity provider for third-party digital asset marketplaces through the Products, you may earn certain incentives, prizes or rewards for completing certain activities, such as completing a certain number of transactions (“User Rewards”) as described and determined by the applicable third-party digital asset marketplaces.
WE DO NOT DETERMINE OR CONTROL ANY USER REWARDS. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY RELATING TO YOUR RECEIPT OR USE OF, OR RELIANCE ON, ANY USER REWARDS.
EACH OF OUR PRODUCTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR PRODUCTS.
You agree that this Agreement, and any information provided by or obtained from the Products, are for informational purposes only, are not intended to be relied upon for professional advice of any sort, and are not a substitute for information from experts or professionals in the applicable area. You should not take, or refrain from taking, any action or decision based on any information contained in the Products. If, and before you make any financial, legal, or other decisions involving the Products, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of this Agreement. All modifications will be effective when they are posted, and your continued access to or use of any of the Products will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using all of the Products.
We reserve the following rights, which do not constitute obligations of ours: (i) with or without notice to you, to modify, substitute, eliminate or add to any of the Products; (ii) to review, modify, filter, disable, delete, and remove any and all content and information from any of the Products.
AoABT is the token based on the tokenization of the Fisherman Capital Fund SPC - Ammonite SP (the “Ammonite Fund”). Each AoABT represents one participating share of such a class of the Ammonite Fund. Fisherman Capital Fund SPC is an exempted company incorporated with limited liability and registered as a segregated portfolio company under the laws of the Cayman Islands with registration number 410123 and Ammonite Fund was established as a segregated portfolio of the SPC on February 2025. The Ammonite Fund is managed by Fisherman Capital Limited, advised by Orient Asset Management (Hong Kong) Limited and the token is supported by Asseto’s technical solution, while it offers daily US dollar yields backed 1:1 by a Digital Assets Quantitative Arbitrage Strategy. The investment objective of the Fund is to achieve consistent and stable returns regardless of the overall direction of the Cryptocurrency market. The Fund aims to provide investors with a market-neutral investment strategy that mitigates exposure to market volatility and maximizes risk-adjusted return. There can be no assurance that the investment objective will be achieved.
The Products and their entire 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 us, our licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither this Agreement nor your use of the Products transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except as indicated otherwise.
Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of our Products, including any intellectual property rights.
If you provide us with any feedback or suggestions regarding the Products (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. Any Feedback you provide will be treated as non-confidential and non- proprietary, and we will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
To the fullest extent permitted by Applicable Laws, you agree to indemnify, defend and hold harmless Asseto, as well as its affiliates and service providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns (the “Indemnified Parties”) from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: (a) your access and use of any of the Products; (b) your violation of any term or condition of this Agreement, the right of any third party, or any Applicable Laws; (c) any other party’s access and use of any of the Products with your assistance or using any device or account that you own or control; (d) any dispute between you and (i) any other user of any of the Products or (ii) any of your own customers or users; and (e) your negligence or willful misconduct. You agree to promptly notify us of any Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have the right to control the defense or settlement of any Claims if the applicable Indemnified Party so chooses.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE INDEMNIFIED PARTIES OR ANY OF THEM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS; OR (D) ANY MATTER BEYOND THE REASONABLE CONTROL OF THE INDEMNIFIED PARTIES OR ANY OF THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement is governed by and will be construed under the laws of the British Virgin Islands, excluding its body of law controlling conflict of laws. You agree that the Products shall be deemed to be based solely in the British Virgin Islands, and that although the Products may be available in other jurisdictions, their availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that any judicial proceeding will be brought in the courts located in the British Virgin Islands.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT (THIS “ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute, claim, or request for relief relating in any way to this Agreement or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify, and (ii) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require us to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and Applicable Laws provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, we will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.
The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11). The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, or a court of competent jurisdiction.
The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, provided that the arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under Applicable Laws, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are
instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 9(a) (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued
stating that Applicable Laws preclude enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts of the British Virgin Islands. All other disputes, claims, or requests for relief shall be arbitrated.
Except as provided in Section 9(e) (Waiver of Class or Other Non- Individualized Relief), if any part or parts of this Arbitration Agreement are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such specific part or parts shall be eliminated or limited to the minimum extent such that the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with us.
This Agreement, together with any additional terms, guidelines, and rules that are posted or otherwise made available on or through the Products, including our Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of this Agreement.
The headings in this Agreement are for reference only and shall not affect the interpretations of the terms of this Agreement. The terms “for example,” “including” and/or “includes” shall be deemed to mean “for example, but not limited to,” “including, but not limited to” or “includes, but is not limited to,” as applicable.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws and the validity or enforceability of any other provision of this Agreement shall not be affected.
Prospective investors should note that the AoABT Tokens per se will merely be evidence of legal title of the tokenised Shares as represented by the corresponding Fund Tokens as recorded on the Relevant Blockchain. The Fund Tokens do not convey any legal title to the corresponding tokenised Shares or any economic rights or contractual rights directly enforceable against the Fund. Accordingly, in the unlikely event that a tokenholder does not, according to the register of members of the Fund, hold the tokenised Shares which correspond to the Fund Tokens held, such tokenholder will not be recognised by the Fund as a holder of the relevant tokenised Shares. Inquiries relating to subscriptions and/or redemptions should be addressed to the Administrator of the fund at
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at . JAMS’s rules are also available at or by calling JAMS at 800-352-5267.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to within 30 days after you first use the Products. Your notice must include your name and address, the web3 address used to connect to the Products (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, (i) all other parts of this Arbitration Agreement will continue to apply to you, and (ii) we will not be bound by this Arbitration Agreement. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing us at and expressly opting out of this Arbitration Agreement.