Terms of Service

Effective date: June 4th, 2024
By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Terms of Service, and you hereby consent that we will collect, use, and share your information in the following ways.
These Terms of Service (these “Terms”) outline the terms and conditions by which you may access and use our website, gammaprime.fi (the “Website”), operated by or on behalf of Gamma Prime (inclusive with its affiliates, the “Company”, “we”, or “us”), our App (as defined below), and any other services provided by the Company, including any related content, tools, documentation, features, and functionality collectively the “Services”. These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. For the purposes of these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes both you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

1. The Services

1.1 Services. The Services provide an interface (the “App”) that displays data for the purpose of enabling users to interact, via a third-party wallet application (e.g., Metamask), with certain components of a set of open-source smart contracts deployed on decentralized blockchains, specifically the “staking” mechanism inherent to the Gamma Prime. This set of smart contracts, collectively with off-chain infrastructure maintained and operated by the Gamma Prime Foundation and its affiliates, is referred to herein as the “Protocol”. Additionally, the App displays data to enable users to interact, via a third-party wallet application, with components of other open-source smart contract systems deployed on decentralized blockchains, such as certain liquidity pools on Curve Finance and Uniswap (the “Third-Party Protocols”). Documentation relevant to the Services, the App, and the Protocol is available at gammaprime.fi (the “Documentation”). The Protocol itself is not part of the Services, and your use of the Protocol is entirely at your own risk. Furthermore, the third-party technologies required to be used or interacted with to interface with the Protocol, including but not limited to a Wallet (as defined below, and collectively the “Third-Party Tools”), are not part of the Services, and your use of such Third-Party Tools is entirely at your own risk. The App is separate and distinct from the Protocol and any Third-Party Tools and is not essential for accessing or otherwise interacting with the Protocol. The App merely displays blockchain data and provides a web application that simplifies the use of Third-Party Tools to interact with the Protocol. Activities on the Protocol are conducted via permissionless smart contracts as well as certain off-chain infrastructure detailed in the Documentation and maintained by the Gamma Prime Foundation and its affiliates, and users or other developers are free to create their own interfaces to interact with the Protocol. When you utilize any data inputs provided by the App to execute transactions, you are interacting with public blockchains, which provide transparency into your transactions. The Company does not control and is not responsible for any information you make public on any public blockchain by taking actions utilizing data provided by the App or the Services. 1.2 Wallets. To use certain Services, it may be necessary to connect a third-party digital wallet (“Wallet”) to the App. By using a Wallet in connection with the Services, you agree that you are using the Wallet under the terms and conditions of the applicable third-party provider of such Wallet. Wallets are not associated with, maintained by, supported by, or affiliated with the Company. You acknowledge and agree that we are not a party to any transactions concluded while or after accessing our App, and we do not have possession, custody, or control over any digital assets appearing on the App. When you interact with the App, you retain control over your digital assets at all times. The Company accepts no responsibility or liability to you in connection with your use of a Wallet or data provided by the App in consummating transactions using a Wallet, and makes no representations and warranties regarding how the Services will interact with any specific Wallet. The private keys and/or seed phrases necessary to access the assets held in a Wallet are not held by or known to the Company. The Company has no ability to help you access or recover your private keys and/or seed phrases for your Wallet, so please keep them in a safe place. 1.3 Updates; Monitoring. We may make any improvements, modifications, or updates to the Services, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, documentation, technical configurations, or service features (the “Updates”) from time to time. Your continued access to and use of the Services are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although the Company is not obligated to monitor access to or participation in the Services, it has the right to do so for the purpose of operating the Services, ensuring compliance with the Terms, and complying with applicable law or other legal requirements. 1.4 Fees. While the Company does not presently charge any fees for the Services or the App, transactions executed by you utilizing data provided by the App and your use of the Services may cause you to incur fees such as blockchain gas or similar network fees, as well as fees charged by the Protocol, if any, and Third-Party Protocols. All such fees displayed within your Wallet utilizing data inputs provided by the App are merely estimates and may not reflect actual costs incurred in broadcasting a transaction for execution according to the applicable consensus mechanism. Additionally, your external Wallet provider may impose a fee. We are not responsible for any fees charged by a third party. Due to the nature of distributed, public blockchains, transactions executed by you utilizing data provided by the App and the Services are non-refundable, and the Company is not able to alter or mitigate any such fees. You will be responsible for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Services, the App, the Protocol, and Third-Party Protocols. In certain cases, your transactions may not be successful due to an error with the blockchain or the Wallet, or due to changes in the distributed blockchain environment (e.g., during a spike in demand for block space and/or activity on the relevant network). We accept no responsibility or liability to you for any such failed transactions, or any transaction or gas fees that may be incurred by you in connection with such failed transactions.

2. Who May Use the Services.

You must be 18 years of age or older and not be a Prohibited Person to use the Services. A “Prohibited Person” is any person or entity that is (a) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List, the EU consolidated list of persons, groups and entities subject to financial sanctions, the UK Consolidated List of Financial Sanctions Targets, (b) located or organized in any U.S. embargoed countries or any country that has been designated by the U.S. Government as “terrorist supporting”, (c) a citizen, resident, or organized in, the following jurisdictions (the “Prohibited Jurisdictions”): Abkhazia, Afghanistan, Angola, Belarus, Burundi, Central African Republic, Congo, Cuba, Crimea, Ethiopia, Guinea-Bissau, Iran, Ivory Coast (Cote D’Ivoire), Lebanon, Liberia, Libya, Mali, Burma (Myanmar), Nicaragua, North Korea, Northern Cyprus, Russia, Somalia, Somaliland, South Ossetia, South Sudan, Sudan, Syria, Ukraine (Donetsk and Luhansk regions), United States, Venezuela, Yemen, Zimbabwe; (d) otherwise a party with which the Company is prohibited to deal under the laws of the U.S., the EU (or any of its Member States), the UK, or any applicable foreign jurisdiction, or (e) owned or controlled by such persons or entities listed in (a)-(d). The Company may utilize certain tools, such as IP-based geofencing, to enforce the above restrictions. By using the Services and/or the App, you represent that you are not a Prohibited Person. You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are located or accessing the Services from in connection with your use of the Services. By using the Services, you represent and warrant that you meet these requirements and will not be using the Services for any illegal activity or to engage in the prohibited activities in Section 5.3. We may require you to provide additional information and documents regarding your use of the Services, including in case of application of any applicable law or regulation, including laws related to anti-money laundering or for countering the financing of terrorism, or the request of any competent authority. We may also require you to provide additional information or documents in cases where we have reason to believe: (i) that your Wallet is being used for illegal money laundering or for any other illegal activity; or (ii) you have concealed or reported false identification information or other details.

3. Location of Our Privacy Policy.

Our Privacy Policy describes how we handle the information you provide to us when you use the Services.

4. Rights We Grant You.

4.1 Right to Use Services. We allow you to use the Services for personal, non-commercial use, provided you comply with these Terms. If we distribute software, content, or other materials as part of your use of the Services, you get a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display them solely to enable your use of the Services as permitted by these Terms. Your access may be interrupted occasionally for various reasons, including equipment malfunctions, updates, maintenance, or other actions we may choose to take. 4.2 Restrictions on Your Use of the Services. Unless prohibited by law or you have our written permission, you may not: (a) download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any information from the Services, except for temporary files automatically cached by your browser; (b) duplicate, decompile, reverse engineer, disassemble, or decode the Services; (c) use, reproduce, or remove any copyright, trademark, or other proprietary notices on the Services; (d) use unauthorized software to modify the Services; (e) exploit the Services for commercial purposes; (f) access the Services in a way that could disable or impair them; (g) attempt unauthorized access to the Services or related systems; (h) circumvent or tamper with security measures; (i) use automated tools to scrape or collect data from the Services; (j) introduce malicious software into our systems; (k) post content that is unlawful, defamatory, obscene, violent, or otherwise objectionable; (l) violate any laws while using the Services; or (m) use the Services in any manner not expressly permitted by these Terms. 4.3 Interactions with Other Users on the Services. You are responsible for your interactions with other users on the Services. We may monitor user interactions but are not obligated to do so and are not liable for your interactions or any user's actions. If you have a dispute with another user, you release us and our affiliates from all claims and damages arising from such disputes. By entering this release, you waive any protections that limit the scope of this release to claims you know or suspect to exist at the time of the release.

5. Ownership and Content.

5.1 Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected by intellectual property laws. You agree that the Company and its licensors own all rights to the Services and their content, and you will not take any actions inconsistent with these ownership rights. We and our licensors reserve all rights, including the exclusive right to create derivative works. 5.2 Ownership of Trademarks. The Company’s name, trademarks, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Any other names, logos, product and service names, designs, and slogans appearing on the Services belong to their respective owners, who may not be affiliated with, connected to, or sponsored by us. 5.3 Ownership of Feedback. We welcome feedback, bug reports, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that providing Feedback does not grant you any right, title, or interest in the Services or the Feedback itself. All Feedback becomes the exclusive property of the Company, and the Company may use and disclose such Feedback in any manner and for any purpose without further notice or compensation to you, retaining no proprietary or other rights or claims. You hereby assign to the Company any and all rights, titles, and interests (including, but not limited to, any patents, copyrights, trade secrets, trademarks, know-how, show-how, moral rights, and all other intellectual property rights) that you may have in and to any and all Feedback.

6. Third Party Services and Materials.

The Services, through the App, may provide data relevant to Third-Party Protocols. The Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. The Company does not endorse any Third-Party Materials or any provider of Third-Party Protocols. Your access and use of such Third-Party Protocols and Third-Party Materials are governed solely by their respective terms and conditions. The Company is not responsible or liable for, and makes no representations about, any aspect of such Third-Party Materials and Third-Party Protocols, including their content, operation, or data handling, protection, management, or processing. The Company does not examine or evaluate the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, risk, functionality, or safety of such Third-Party Protocols or Third-Party Materials or websites. You irrevocably waive any claims against the Company regarding these Third-Party Protocols and Third-Party Materials. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any Third-Party Protocols or Third-Party Materials, or your reliance on their privacy practices, data security processes, or other policies. Third-Party Protocols, Third-Party Materials, and links to other websites are provided solely for your convenience.

7. Disclaimers, Limitations of Liability and Indemnification.

7.1 Disclaimers. Your access to and use of the Services and the Protocol are at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, the Company, its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (“Company Entities”), and Multisig Members (as defined below) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY, OR FITNESS OF THE SERVICES AND THE PROTOCOL FOR ANY PURPOSE, AS WELL AS ACCURACY, QUALITY, SEQUENCE, RELIABILITY, WORKMANSHIP, OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT. The Company Entities and Multisig Members make no warranties or representations and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services and the Protocol; (b) any harm to your computer system, loss of data, or other harm resulting from your access to or use of the Services or the Protocol; (c) operation or compatibility with any other application or system, including Wallets; and (d) whether the Services or the Protocol will meet your requirements or be available uninterrupted, secure, or error-free. The Company is registered as a VASP with the Italian Organismo Agente e Mediatori. Beyond this registration, the Company is not registered with any other regulatory body in any jurisdiction. You understand and acknowledge that we do not broker trading orders, match orders for securities or other assets, or offer any products for sale or distribution. We also do not facilitate the execution or settlement of transactions, which occur entirely on public distributed blockchains. The App is strictly a tool for users to construct transaction data to be utilized by executing transactions with Wallets. No advice or information, oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein. You agree that all transfers, staking, or other actions performed using transaction data from the App are considered unsolicited, meaning you have not received investment advice from us, we have not actively solicited your use of the Services, and we do not conduct a suitability review of any action. All information provided by the App and Services is for informational purposes only and should not be construed as investment advice. You are solely responsible for determining the appropriateness of any investment, investment strategy, or related transaction based on your personal objectives, financial circumstances, and risk tolerance. 7.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY ENTITIES OR MULTISIG MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR OTHER DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE, AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY ENTITIES' TOTAL LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7.3 Assumption of Risks. (a) By using the Services, you represent that you have sufficient knowledge and experience in business and financial matters, including blockchain technologies, cryptocurrencies, and other digital assets, to assess and evaluate the risks and benefits of the Services. You acknowledge the risks associated with purchasing and holding cryptocurrency, using blockchain technology, and staking cryptocurrency, including the risk of losing access to cryptocurrency, mining or blockchain attacks, hacking and security weaknesses, unfavorable regulatory intervention, token taxation, personal information disclosure, uninsured losses, volatility, and unanticipated risks. Cryptocurrencies and other digital assets are not deposits guaranteed by a bank or insured by the FDIC or any governmental agency. (b) Multi-signature crypto wallets (“MultiSigs”) and their signatories (“MultiSig Members”) may have certain controls related to the Protocol. These controls might include pausing functionality, implementing upgrades, and other functions. While some MultiSig Members may be affiliated with the Company, others may not be. We cannot control the actions of unaffiliated MultiSig Members and thus cannot be held liable for their actions or inactions. (c) Regulatory regimes governing blockchain technologies, cryptocurrencies, and other digital assets are uncertain, and new regulations may adversely affect the utility or value of the Services, the Protocol, Third-Party Protocols, cryptocurrencies, and other digital assets. Taxation of cryptocurrency activities and transactions is also uncertain. You should consult your tax advisor regarding the potential tax implications of using the Services, the App, and the Protocol. (d) Market sentiment, liquidity, and third-party services or platforms that support, quote, restrict, or provide access to cryptocurrencies and other digital assets are beyond our control. We expressly deny and disclaim any liability for losses resulting from fluctuations in cryptocurrency value. (e) Smart contracts execute automatically when conditions are met. Transactions on blockchains or using smart contracts often cannot be stopped or reversed, and vulnerabilities in programming, design, or implementation may result in significant adverse effects, including loss of digital assets. (f) The Documentation describes certain risks associated with the Protocol in detail. Please review the Documentation for additional risks. The Company disclaims liability for risks disclosed in the Documentation to the fullest extent permitted by law. 7.4 Indemnification. By entering these Terms and using the Services, you agree to defend, indemnify, and hold harmless the Company Entities and MultiSig Members from any claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising from: (a) your violation of these Terms or any law or regulation; (b) your violation of any third-party rights; (c) your misuse of the Services; or (d) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity, the Company may control the defense or settlement of such claim and you agree to cooperate fully. 7.5 Third Party Beneficiaries. You and the Company acknowledge that the Company Entities (excluding the Company) and MultiSig Members are third-party beneficiaries of these Terms, including Sections 7 and 8.

8. ARBITRATION AND CLASS ACTION WAIVER

8.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 8.2 Informal Process First. You and the Company agree that before resorting to formal dispute resolution methods, including court action, both parties will first contact each other and make a good faith effort to resolve any dispute within 30 days. This informal process is a prerequisite to initiating any arbitration against the Company, any Company Entity, or any MultiSig Members. 8.3 Arbitration Agreement and Class Action Waiver. If the dispute remains unresolved after the informal process, it will be settled by arbitration under the Rules of the Milan Chamber of Arbitration, by three arbitrators, in English. This arbitration will be on an individual basis – class arbitrations and class actions are not permitted. By agreeing to these Terms, both you and the Company waive the right to a jury trial or to participate in a class action or class arbitration. 8.4 Exceptions. Certain disputes will be resolved in court: (i) those within small claims court jurisdiction; (ii) those where the sole relief sought is injunctive relief; or (iii) intellectual property disputes. 8.5 Costs of Arbitration. The payment of arbitration costs will follow the Rules, but if such costs are prohibitively expensive compared to court proceedings, the Company will cover the necessary costs. If your claim is deemed frivolous, you will reimburse the Company for all previously paid costs that are your obligation under the rules. 8.6 Opt-Out. You can opt out of the arbitration provisions by sending written notice to info@gammaprime.fi within 30 days of first accessing the Services or agreeing to these Terms. Opting out of arbitration means opting out of both arbitration and the class action waiver. 8.7 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. YOU AND THE COMPANY AGREE THAT ANY DISPUTE WILL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION. THE ARBITRATOR CANNOT COMBINE CLAIMS OR PRESIDE OVER A CLASS ACTION. IF THIS WAIVER IS FOUND INVALID, THE ARBITRATION AGREEMENT WILL BE NULL AND VOID FOR SUCH PROCEEDINGS, AND THE DISPUTE MUST BE BROUGHT IN COURT.

9. Additional Provisions.

9.1 Updating These Terms. We may revise these Terms periodically, and we will update the "Last Revised" date at the top of these Terms accordingly. For significant changes, we will make reasonable efforts to notify you, such as through email or a prominent notice on the Website's homepage. However, it is your responsibility to review these Terms periodically for any updates. The revised Terms will be effective upon posting or on a later specified date. Your continued use of the Services after the modifications take effect will signify your acceptance of the updated Terms. No amendments will apply to disputes where arbitration has already been initiated prior to the changes. 9.2 Suspension; Termination. If you violate any provision of these Terms, all licenses granted by the Company will terminate automatically. Furthermore, the Company may, at its discretion, suspend or terminate your access to or use of any Services, with or without notice, for any reason, including but not limited to: (i) if we believe you have engaged in prohibited activities as outlined in Section 4.2; (ii) if you provide incomplete, incorrect, or false information; (iii) if you breach any part of these Terms; (iv) if you are a Prohibited Person or reside in a Prohibited Jurisdiction; and/or (v) if it is necessary to comply with these Terms, our policies, or any applicable law or regulation. Sections that naturally survive termination will remain in full effect despite termination by either the Company or you. Termination does not limit the Company's other rights or remedies at law or in equity. 9.3 Injunctive Relief. You agree that any breach of these Terms may cause irreparable harm to the Company, for which monetary damages would not be adequate, and the Company shall be entitled to equitable relief in addition to any other remedies it may have, without needing a bond, other security, or proof of damages. 9.4 Force Majeure. We are not liable or responsible for any failure or delay in performing our obligations under these Terms or providing the Services due to events beyond our control, including acts of God, floods, fires, earthquakes, epidemics, pandemics, tsunamis, explosions, wars, invasions, hostilities, terrorist acts, riots, civil unrest, government actions, embargoes, blockades, strikes, labor disturbances, internet connectivity issues, telecommunication breakdowns, or power shortages. 9.5 Miscellaneous. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be considered severable and will not affect the validity and enforceability of the remaining provisions. The Company may assign these Terms and the licenses granted, but you may not assign them without the Company's prior written consent. No waiver of any breach or default will be considered a waiver of any preceding or subsequent breach or default. Section headings are for reference only and have no legal effect. The Services are operated by us within the European Union. Users accessing the Services from outside the European Union do so at their own risk and are responsible for compliance with local laws. These Terms are governed by the laws of Italy, without regard to conflict of laws rules, and the proper venue for any disputes will be the courts in Italy. 9.6 How to Contact Us. You may reach us regarding the Services or these Terms via email at info@gammaprime.fi.