September 5, 2022

General Provisions

This disclaimer relates to using a decentralized exchange on Everscale, Flex, which allows users to trade distributed tokens listed on it, including wrapped tokens from other blockchains that are available on Everscale blockchain.

Flex operates as a decentralized distributed limit order book (DLOB) which is smart contract based and may interact through Decentralized Bots (DeBots).

The key component of the Flex decentralization is the formation of the Flex decentralized autonomous organization (DAO), which gives token holders a say in the direction of the evolution of Flex.

Flex has been developed and published under the GNU GPL v3 open-source license, which forms an integral part of this Disclaimer.

Please read this disclaimer carefully before accessing, interacting with, or using Flex, Everscale technology stack and its smart contracts, EVER, DeBots and personal data processing guidelines.

IF YOU DO NOT AGREE TO THE TERMS OF THE DISCLAIMER, YOU MAY NOT USE FLEX.

Eligibility

To be eligible to use any of the Flex services, you must be at least 18 years old, have the capacity to enter into legally binding contracts on behalf of yourself and any company or legal entity for which you may access or use Flex.

Prohibited activity

Flex users are required to follow some basic ethical rules, including, but not limited to, never using Flex for illegal purposes. Users should comply with any and all applicable laws and regulations when using Flex. This includes any local, provincial, state, federal, national, or international laws that may apply.

Users shall not use Flex service to pay for, support, or otherwise engage in any illegal activities, including but not limited to, illegal gambling, fraud, money laundering, or terrorist activities.

Users shall not encourage or induce any third party to engage in any of the activities as prohibited under this section.

Any user shall not use Flex in any manner that could interfere, disrupt or impair the usage experience of other users or in any way prevent them from using Flex. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks is prohibited.

No one user shall effect or induce the purchase, sale or exercise of any tokens for the purpose of creating or inducing a false, misleading, or artificial appearance of activity in such token, or for the purpose of unduly or improperly influencing the market price of such token or for the purpose of making a price which does not reflect the true state of the market in the such token.

Risks. Limitation of Liability

The Flex is provided on an "AS IS" and “AS AVAILABLE” basis without warranties of any kind.

As Flex is of a test and experimental nature it may contain bugs, defects, errors or other harmful elements that may materially and adversely affect the use, functionality, or performance of Flex or any other products or systems used in conjunction with Flex.

USERS ACKNOWLEDGE AND AGREE THAT ACCESS AND USE OF FLEX ARE AT THEIR OWN RISK.

There is no representation or warranty that access to Flex service will be continuous, uninterrupted, timely, or secure; that the information in Flex will be accurate, reliable, complete, or current.

As Flex is built on the Everscale network its proper functioning depends on Everscale. You agree that using the Flex you assume the risk that upgrades of Everscale blockchain, a hard fork or other change in the blockchain, a failure or cessation of Everscale, or a change in how transactions are confirmed on Everscale blockchain may have unintended, adverse effects on all services using such technologies, including without limitation Flex.

User accepts the risk of changes to the regulatory regime governing blockchain technologies, decentralized finance (DeFi), decentralized exchanges (DEX), cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of Flex.

User accepts liquidity, price risks that it can be impossible at a certain time to sell tokens due to a lack of buyers or sell it at a price that would be insignificantly different from the prices of the last market transactions with those tokens on other trade platforms.

User is responsible for implementing reasonable measures for securing the wallets or other software/products used to receive and hold tokens, including any requisite private keys, seed phrase or other credentials necessary to access to assets. Flex does not hold, store, or recover your key(s). Flex has no way to recover your key(s) if you lose it. Flex is not a wallet.

Flex, Flex DAO developers, agents, contractors and other related entities and persons, disclaim all warranties, including non-infringement, marketability and fitness for a particular purpose. There is no liability for any pecuniary damages, loss of profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction, or for any form of direct or indirect damages, legal action whatsoever related to any tokens, any technology used by Flex or related parties, including Everscale blockchain.

User accepts the inherent security risks of providing information and dealing online over the internet and agree that Flex has no liability or responsibility for any breach of security.

If applicable law does not allow all or any part of the above limitation of liability to apply to the user, the limitations will apply to the user only to the extent permitted by applicable law. User agrees that this limitation of liability is applicable to any event, to the maximum extent permitted by applicable law, and the total aggregate liability shall not exceed one percent of the total Flex’s fees the user paid to Flex, or USD$100.00, whichever is greater.

Privacy

Flex as a decentralized exchange does not require to collect your personal data (e.g., your name, ID or other identifiers that can be directly linked to you). However, blockchain wallet addresses, transaction hashes, token names and other public blockchain identifiers and information can be collected for the purpose of providing user trade service.

Flex can also collect information about a user's devices, including the hardware model, operating system and version, unique device identifiers, type of browser and version, last access time, the Internet Protocol (IP) address, etc.

In order to communicate with you regarding your inquiries, questions or support tickets, Flex support team may ask you to provide some data as wallet address, email, your messenger ID, subject of inquiry and its content, attachments and any other information you voluntarily provide to us. DO NOT SHARE WITH ANYONE PRIVATE KEY OR SEED PRASE. FLEX NEVER ASK IT.

Flex can also use third-party service providers, like Google Analytics, which may independently obtain and process your personal information. Flex does not control how these third parties handle your data. Please review their privacy policies to understand how they process and share your personal data.

Nevertheless, Flex never collects and processes special categories of personal data about users unless the user voluntarily provides such data.

As you navigate through and interact with Flex websites, we may use cookies, which are small files placed on the hard drive of your computer or mobile device, and web beacons, which are small electronic files located on pages of the website, to collect certain information about your equipment, browsing actions, and patterns.

The data automatically collected from cookies may include information from your web browser and details of your visits to Flex’s websites, including traffic data, location data and logs, page views, length of visit and website navigation paths as well as information about your device and internet connection, including your IP address, etc. Flex collects this data in order to help improve Flex’s website and user experience.

The information Flex does collect automatically may also include statistical and performance information arising from the user's website activity. This type of data will only be used in an aggregated and anonymized manner.

BY ACCESSING AND USING FLEX AND THE WEBSITE, USER UNDERSTANDS AND CONSENTS TO THE DATA PRACTICES AND SERVICE PROVIDERS' TREATMENT OF THE USER’S INFORMATION.

Intellectual property

All copyrights and other intellectual property of Flex, including all content and information published on Flex websites (e.g. flexdex.fi), including but not limited to the Flex, designs, graphics, pictures, software and other related materials, belong exclusively to Flex.

Flex contains copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”) protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, Flex exclusively owns the Content. Use of the Flex does not grant users any right, title, or interest in the Content. Users shall not copy, transmit, distribute, sell, license, create derivative works of or from, or in any other way whatsoever fully or partially misuse the Content.

EverX

While EverX developed Flex, it runs in a fully decentralized and autonomous manner on the Everscale blockchain. EverX is neither involved nor in any way responsible for the interactions and relationships between Flex’s user and the smart contracts of Flex and Everscale blockchain. EverX has neither access to nor any other possibility to control and/or influence the corresponding transactions, deposits and/or allocations made by the users and the involved smart contracts used in Flex.

EverX has not and will not enter into any legal or factual relationship with any Flex’s user.

EverX is not liable to any user for damages, including any general, special, incidental or consequential damages arising out of the use, in connection with the use or inability to use Flex (including but not limited to loss of tokens, loss of data, business interruption, data being rendered inaccurate or other losses sustained by a user or third parties related to Flex and/or a failure of Flex to operate with any other software).