Dexi User Agreement

Welcome to Dexioprotocol! This is a User Agreement between you (also referred to herein as “User,” or “customer”) and Dexioprotocol LLC. ("Dexioprotocol," “we,” “us,” and “our”). This User Agreement ("Agreement" or “User Agreement”) governs your use of the services provided by Dexioprotocol described below and such other services that may be offered by Dexioprotocol from time to time ("Dexioprotocol Services" or "Services"). By signing up to use a Dexioprotocol account or service through Dexioprotocol.com, any Dexioprotocol mobile application, or any other Dexioprotocol website (collectively the "Dexioprotocol Site"), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement. As used throughout this Agreement, “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.

Amendment of these Terms: We may amend or modify this Agreement at any time by posting the revised agreement on the Dexioprotocol Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. 

No Investment Advice or Brokerage: For the avoidance of doubt, Dexioprotocol does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. Dexioprotocol may provide educational information about Digital Assets, as well as digital assets not supported by Dexioprotocol, in order to assist users in learning more about such digital assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Dexioprotocol Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. Dexioprotocol does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Dexioprotocol will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by Dexioprotocol. 

Dexioprotocol is not a brokerage and does not broker trades on your behalf. 

Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in any Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.  

Dexioprotocol is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons, not is it registered with any other government agency of other jurisdictions related to the same.  You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation, or any other government agency of other jurisdictions. No user is permitted to use any Dexioprotocol Services to acquire or trade assets which might be considered securities under applicable law.

Safe Play/ Use: Dexioprotocol Services may include Augmented Reality or other interactive features. During game play, please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Dexioprotocol Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the Dexioprotocol Services you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Dexioprotocol disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Dexioprotocol Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release Dexioprotocol (and our officers, directors, agents, affiliates, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 


1. Account Setup

1.1. Eligibility. To be eligible to use the Dexioprotocol Services, you must be at least 18 years old.  There are certain features which may or may not be available to you depending on your location and/ or other criteria. 

1.2. Registration of Dexioprotocol Account. Connecting your Digital Wallet to a Dexioprotocol Service is a surrogate for a Dexioprotocol Account to use the Dexioprotocol Services. You may need to complete certain verification procedures before you are permitted to use the Dexioprotocol Services. By registering or using a Dexioprotocol Account you agree and represent that you have created your Dexioprotocol Account and you will use your Dexioprotocol Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Dexioprotocol. You are fully responsible for all activity that occurs under your Dexioprotocol Account. We may, in our sole discretion, refuse to open a Dexioprotocol Account, suspend or terminate any Dexioprotocol Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account.  

1.3. Consent to Access, Processing and Storage of Your Personal Data & Identity Verification. At any time deemed necessary by Dexioprotocol, you agree to provide us with the information we request for the purposes of identity verification, providing Dexioprotocol Services to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing Dexioprotocol Services to you. This consent includes any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless operator (e.g., AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Dexioprotocol with your wireless operator account profile information for as long as you have a Dexioprotocol Account. 

1.4. Access. Access to Dexioprotocol Services may become degraded or unavailable during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the Dexioprotocol Site or other Dexioprotocol Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. Dexioprotocol shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from Dexioprotocol customer support. For example, if you are locked out of your Dexioprotocol Account, it is possible that the price of the Digital Assets in your account might go down before your access is restored. Dexioprotocol shall not be liable for any alleged losses that you suffer from a drop in Digital Asset prices. Dexioprotocol reserves the right to suspend or otherwise terminate your access to Dexioprotocol Services without notice.

1.5 Operation of Digital Asset Protocols. Dexioprotocol may own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols, including third party protocols or Supported Digital Assets, may be open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Asset you store in your Digital Asset Wallet. Dexioprotocol may not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Dexioprotocol in determining whether to continue to use a Dexioprotocol Account for the affected Digital Asset. In the event of any such operational change, Dexioprotocol reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Dexioprotocol Services, including without limitation, temporarily suspending operations for the involved digital asset(s); Dexioprotocol may provide you notice of its response to any material operating change; however, such changes can be outside of Dexioprotocol’s control and may occur without notice to Dexioprotocol. Dexioprotocol’s response to any operating change is subject to its sole discretion and may include deciding not to support any new digital asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that Dexioprotocol is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Dexioprotocol has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols. You further acknowledge and accept that Dexioprotocol has no responsibility to support new digital asset forks or operating changes for Supported Digital Assets.

2. Transactions and Fees

2.1 Transactions on the Dexioprotocol Site. When you buy or sell Digital Assets via the Dexioprotocol Services, you are not buying Digital Assets from Dexioprotocol or selling Digital Assets to Dexioprotocol. Dexioprotocol acts as the agent, transacting on your behalf, to facilitate that purchase or sale between you and other Dexioprotocol customers. You can purchase Digital Assets using: Digital Assets held in certain Digital Asset Wallets, as permitted by Dexioprotocol; or any other approved Dexioprotocol payment method (each a "Valid Payment Method"). Your purchase must follow the relevant instructions on the Dexioprotocol Site. Dexioprotocol reserves the right to cancel any transaction not confirmed by you after Dexioprotocol quotes a transaction price. A purchase of Digital Assets using a Valid Payment Method generally will initiate on the business day we receive your instructions. Purchased Digital Assets will usually be deposited in your Digital Asset Wallet instantly and may be exchanged for other Digital Assets. You will be able to sell or send Purchased Digital Assets as soon as funds have settled to your Digital Wallet. Digital Asset purchases and sales are collectively referred to herein as “Digital Asset Transactions”. If Dexioprotocol cannot complete your Digital Asset Transaction for any reason (such as price movement, market latency, inability to find a counterparty for your transaction, or order size), Dexioprotocol may reject the order and notify you of such rejection. You will not be charged for a rejected transaction.

2.2. Fees. In general, Dexioprotocol makes money when you purchase or sell Digital Assets via the Dexioprotocol Services. By using Dexioprotocol Services you agree to pay all fees. Dexioprotocol reserves the right to adjust its pricing and fees and any applicable waivers at any time. We notify you of the final price of each transaction, inclusive of pricing and fees, when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fee at our discretion, and notify you of the network fee at or before the time you authorize the Digital Asset Transaction. To the extent applicable you are responsible for paying any additional fees charged by your financial service provider. 

3. Data Protection and Security

3.1 Personal Data and Privacy. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated individuals, in connection with this Agreement, or the Dexioprotocol Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy; and (iii) if from time to time we may provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

3.2. Security Breach. If you suspect that your Dexioprotocol Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Dexioprotocol (collectively a "Security Breach"), you must notify Dexioprotocol Support immediately and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Dexioprotocol will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.

3.3. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment/ devices, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Dexioprotocol. Always log into your Dexioprotocol Account(s) through the Dexioprotocol Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. Never share your Seed Phrase or other Access Credentials with anyone or any third party service. Dexioprotocol will never ask you for your Seed Phrase. 

3.4. Limited License. All content included in or made available through the Dexioprotocol Services, Dexioprotocol Site or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software or applications (collectively, the “Content”) is the property of Dexioprotocol or its affiliates or its content providers and protected by United States and international laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Dexioprotocol Services, Dexioprotocol Site, and Content solely for purposes approved by Dexioprotocol from time to time. Any other use of the Dexioprotocol Services, Dexioprotocol Site or Content is expressly prohibited and all other right, title, and interest in the Dexioprotocol Services, Dexioprotocol Site or Content is exclusively the property of Dexioprotocol and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Dexioprotocol. 

4. Liabilities & Indemnification

4.1. Release of Dexioprotocol; Indemnification. If you have a dispute with one or more users of the Dexioprotocol Services, you release Dexioprotocol, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Dexioprotocol, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

4.2. Limitation of Liability; No Warranty; Arbitration. IN NO EVENT SHALL DEXIOPROTOCOL, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, AFFILIATES, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ON DEPOSIT IN YOUR DEXIOPROTOCOL ACCOUNT(S) AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE DEXIOPROTOCOL SITE OR THE DEXIOPROTOCOL SERVICES, OR THIS AGREEMENT, EVEN IF DEXIOPROTOCOL HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF DEXIOPROTOCOL’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. 

NO WARRANTY: THE DEXIOPROTOCOL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEXIOPROTOCOL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. DEXIOPROTOCOL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE DEXIOPROTOCOL SITE, ANY PART OF THE DEXIOPROTOCOL SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. DEXIOPROTOCOL DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE DEXIOPROTOCOL SERVICES AND DEXIOPROTOCOL SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT DEXIOPROTOCOL WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE DEXIOPROTOCOL SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE DEXIOPROTOCOL SERVICES; OR (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR DEXIOPROTOCOL ACCOUNT.

ARBITRATION AGREEMENT - Subject to the terms of this Arbitration Agreement, you and Dexioprotocol agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Dexioprotocol Site, any Communications you receive, any products sold or distributed through the Dexioprotocol Site, the Services, or the User Agreement and prior versions of the User Agreement, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Dexioprotocol may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Dexioprotocol 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). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the User Agreement as well as claims that may arise after the termination of this User Agreement.  

Waiver of Jury Trial.  YOU AND DEXIOPROTOCOL 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 Dexioprotocol are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

Waiver of Class and Other Non-Individualized Relief. YOU AND DEXIOPROTOCOL AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 1.8, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. 

4.3. General Disclaimer - Please note the following disclosures associated with virtual currency:

  • Virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
  • Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency.
  • Transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
  • Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
  • The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear.
  • There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future.
  • The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss.
  • The nature of virtual currency may lead to an increased risk of fraud or cyber attack.
  • The nature of virtual currency means that any technological difficulties experienced by Dexioprotocol may prevent the access or use of a customer’s virtual currency.
  • Any bond or trust account maintained by Dexioprotocol for the benefit of its customers may not be sufficient to cover all losses incurred by customers.

4.4 Taxes. Dexioprotocol makes no claim, representation, or warranty regarding any effect that use of the Dexioprotocol Services may have on your personal tax treatment. You are solely responsible for the reporting and payment of any applicable taxes with respect to your use of the Dexioprotocol Services, including any rewards earned in using those services. Neither Dexioprotocol nor any of its affiliates or agents shall provide any advice or guidance with respect to the tax obligations of any User. You are strongly encouraged to seek advice from your own tax advisor regarding the potential tax consequences of entering into this Agreement and the transactions for which you intend to use the Dexioprotocol Services..

5. DexiSwap and Yield Farming

5.1. DexiSwap, generally. Among the Dexioprotocol Services is the product known as DexiSwap. Through DexiSwap Dexioprotocol provides an online Digital Asset trading platform. Through DexiSwap, Dexioprotocol functions as a trading platform provider and not as a buyer or seller in trades made between Users, Sellers, Buyers. The User acknowledges and agrees that, when completing trading transactions, he/she is trading with other Users, and that Dexioprotocol, through DexiSwap, acts only as a provider of technical services (the platform and software) in such transactions, not as the counterparty to any trade. DexiSwap can only be used to the extent that the market and liquidity for a particular Digital Asset permit a trade to be made. Dexioprotocol makes no representation related to and is not responsible for the inability to swap Digital Assets on DexiSwap, nor for any trade that is difficult, expensive, or impossible to complete due to the lack of market liquidity. Dexioprotocol reserves the right to cancel swaps obviously made by mistake (in particular if the price of the swap due to mistake is clearly very different from the market price, swap obviously made due to lags of User’s equipment/software etc.). The cancelation can be made based on request of interested User and/or decision of Dexioprotocol and only if an appropriate technical possibility exists in case if mistake made is absolutely obvious. This right couldn’t be considered as an obligation and/or a guaranty of Dexioprotocol and all decisions related to it are in the sole, absolute and unfettered discretion of Dexioprotocol.

5.2 Liquidity Pools and Yield Farming. Through the DexiSwap service, Dexioprotocol may offer the opportunity for users to engage in the practice commonly known as yield farming. Through these yield farming operations, the User may deposit or delegate a portion of the User’s Digital Assets to Dexioprotocol and receive in return certain yield farming revenues derived from the use of those Digital Assets within the DexiSwap liquidity pools. Dexioprotocol, through DexiSwap, will accept the deposited or delegated Digital Assets from the User and either grant the User a commensurate amount of designated liquidity pool tokens created for the purpose of tracking such deposits or delegations, or such matters may be tied to the User through application or relevant smart contracts that are created for that purpose.

5.2.1 Yield Farming Service. As set forth above, DexiSwap provides the ability for users to swap certain Digital Assets through a protocol meant for those exchanges. In operating DexiSwap, Dexioprotocol is entitled to charge a service fee to users for each exchange. Through its farming operations, Dexioprotocol allows users engaged in the farming operations to deposit or delegate their Digital Assets with Dexioprotocol for use within the various DexiSwap liquidity pools. In exchange, a portion of the generated exchange service fees or other designated rewards are provided to all users of the yield farming services based on the relative value and nature of their deposited or delegated Digital Assets. As set forth below, the rewards for depositing or delegating Digital Assets with Dexioprotocol will change from time to time on the basis of business matters solely at the discretion of Dexioprotocol. That is, the various rewards (including the size, amount and timing thereof) (i) are posted on the website; (ii) vary by project or token related to the farming; (iii) change periodically; and (iv) are governed by the information posted on the website on the date a distribution to the User is due (not the date on which the User deposited or delegated the Digital Assets to Dexioprotocol).

5.2.2. Effect of Deposit or Delegation of Digital Assets. Deposit or delegation of Digital Assets with Dexioprotocol is authorization by the User for Dexioprotocol to use those Digital Assets in conjunction with providing the DexiSwap and other related services. If a User deposits or delegates Digital Assets with Dexioprotocol for the purpose of yield farming, that User is only entitled to any rewards that are available from Dexioprotocol on the terms and conditions as set forth on the Dexioprotocol website, app, or other communication networks from time to time but only at the time of an event giving rise to the award. The User is further only entitled to such rewards during the period in which the User’s Digital Assets remain deposited or delegated. Dexioprotocol makes no warranty or representation as to whether the process of depositing or withdrawing Digital Assets will be made at any specific time, and the User understands that any rewards earned through yield farming are based solely on the transaction timeline as detailed within Dexioprotocol’s records. In addition, due to the various market economics, Dexioprotocol makes no present representation or warranty as to the value of any deposit or delegation contract or other liquidity pool token, the ability to timely withdraw Digital Assets to meet a market criteria, or any other value or timing matter that are beyond the commercially reasonable control of Dexioprotocol.

5.2.3 Limitations of Liability; Representations. The User agrees to and acknowledges the following:

  1. Any estimated reward yield displayed on the Dexioprotocol website or through other manners of communication is an estimation only and not a guaranteed or promised result. Farming results may vary based on a wide variety of market factors for which Dexioprotocol is not responsible.
  2. The withdrawal or undelegation of Digital Assets may vary in time between the action the User takes to make the withdrawal and the time processed by Dexioprotocol. The time of processing by Dexioprotocol is controlling, and Dexioprotocol is not liable for any losses caused by the Digital Asset arrival time difference.

5.3 Binding Terms. All use of DexiSwap, including any use of liquidity pools and yield farming, is subject to this Agreement. If you do not agree to be bound by this Agreement, do not use or access those Dexioprotocol Services.