Terms of Service

Welcome to https://powadap.com, a user interface hosted on a website (the "Interface" or "Application") provided by PowaDAP ("we" or "our"). The Interface provides access to a decentralized protocol on various public blockchains, including, but not limited to Ethereum, enabling users to trade certain compatible digital assets ("the PowaDAP protocol" or the "Protocol"). The Interface is a means, but not the only one, to access the Protocol. To use the Interface, you must use non-custodial wallet software that allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by their applicable terms of service, not by this Terms of Service Agreement (the "Agreement").

This Agreement explains the terms and conditions under which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you manifest that you have read, understood, and agreed to be bound by this Agreement in its entirety. If you disagree, you are not authorized to access or use the Interface, and you should refrain from doing so.

NOTICE: Please read this Agreement carefully as it governs your use of the Interface. This Agreement contains important information, including a binding arbitration provision and a waiver of class action claims, both of which impact your rights regarding dispute resolution. The Interface is only available to you, and you should only access the Interface if you fully agree to these terms.

Modification of this Agreement

We reserve the right, at our sole discretion, to modify this Agreement from time to time. If we make modifications, we will notify you by updating the date at the top of the Agreement and maintaining a current version of the Agreement on the PowaDAP terms of service. All modifications will be effective when published, and your continued access or use of the Interface will serve as confirmation of your acceptance of those modifications. If you disagree with any modification to this Agreement, you must immediately cease access and use of the Interface.

Eligibility

To access or use the Interface, you must be able to enter into a legally binding contract with us. Consequently, you declare that you are at least the legal age in your jurisdiction (e.g., 18 years in the United States) and that you have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on your behalf and on behalf of any company or legal entity you may access or use the Interface.

Additionally, you declare that you are not (a) subject to economic or commercial sanctions administered or imposed by any governmental authority or designated in any way on a list of prohibited or restricted parties (including, among others, the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory subject to economic sanctions nationwide, at the territory or regional level by the United States. Finally, you declare that your access and use of the Interface will fully comply with all applicable laws and regulations and that you will not access or use the Interface to carry out, promote, or facilitate any illegal activities.

Property Rights

We own all intellectual property and other rights in the Interface and its content, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. This intellectual property is available under the terms of our copyright licenses and our Trademark Guidelines.

Additional Rights

We reserve the following rights, which do not constitute obligations on our part: (a) with or without notice to you, to modify, replace, delete, or add to the Interface; (b) to review, modify, filter, disable, delete, and remove any content and information from the Interface; and (c) to cooperate with any investigation or request for law enforcement, court, or government, or third party that requires or directs us to disclose information or content or information you provide.

Privacy

When you use the Interface, the only information we collect from you is the address of your blockchain wallet, completed transaction hashes, and the names and symbols of the tokens. We do not collect any personal information from you (e.g., your name or other identifiers that may link to you). However, we use third-party service providers that may independently receive or obtain your personal information from publicly accessible sources. We do not control how these third parties handle your data, and you should review their privacy policies to understand how they collect, use, and share your personal information. By accessing and using the Interface, you understand and consent to our data practices and the treatment of your information by our service providers.

We use the information we collect to detect, prevent, and mitigate financial crime and other illegal or harmful activities on the Interface. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only to help us promote the safety and integrity of the Interface.

Please note that by using the Interface, you are interacting with Ethereum or another public blockchain, which, by nature, can provide transparency in your transactions. PowaDAP does not control and is not responsible for any information you make public on blockchains when performing actions through the Interface.

Prohibited Activities

You agree not to engage, or attempt to engage, in any of the following categories of prohibited activities in connection with your access and use of the Interface:

Intellectual Property Infringement: Activity that infringes or violates any copyright, trademark, service mark, patent, right of publicity, right to privacy, or other intellectual property or proprietary rights under the law.

Cyberattack: 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) deploying viruses and denial-of-service attacks.

Fraud and Falsehood: Activity that seeks to defraud us or another person or entity, including (but not limited to) providing false, inaccurate, or misleading information to illicitly obtain the property of another.

Market Manipulation: Activity that violates any applicable law, rule, or regulation related to the integrity of trading markets, including (but not limited to) manipulative tactics commonly known as "rug pulls," pump and dump schemes, and wash trading.

Securities and Derivatives Violations: Activity that violates any applicable law, rule, or regulation related to the trading of securities or derivatives, including (but not limited to) the unregistered offering of securities and the offering of commodity products with leverage and margin to retail clients in the United States.

Any Other Illegal Behavior: Activity that violates any applicable law, rule, or regulation of the United States or any other relevant jurisdiction, including (but not limited to) restrictions and regulatory requirements imposed by U.S. law.

Not Registered with the SEC or Any Other Agency

We are not registered with the U.S. Securities and Exchange Commission (SEC) as a national securities exchange or in any other capacity.

No Solicitation; No Investment Advice

You acknowledge and understand that: (a) all transactions you submit through the Interface are considered unsolicited, meaning they are initiated solely by you; (b) you have not received any investment advice from us regarding any transaction.

Non-Custodial and No Fiduciary Duties

The Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys of the digital asset wallets you own. This Agreement is not intended to, nor does it create or impose, any fiduciary duty on our part. To the maximum extent permitted by law, you acknowledge and agree that we owe you no fiduciary duties or responsibilities, and to the extent that such duties or responsibilities may exist in law or equity, they are irrevocably waived.

Additionally, you agree that the only duties and obligations we owe you are expressly stated in this Agreement.

Compliance and Tax Obligations

The Interface may not be available or suitable for use in your jurisdiction. By accessing or using the Interface, you agree that you are solely and exclusively responsible for complying with all laws and regulations that may be applicable to you. Specifically, your use of the Interface or the Protocol may result in various tax consequences, such as income taxes or capital gains taxes, value-added taxes, taxes on goods and services, or sales taxes in certain jurisdictions. It is your responsibility to determine whether taxes apply to the transactions you initiate or receive and, if so, to report and/or remit the correct taxes to the relevant tax authority.

Assumption of Risks

By accessing and using the Interface, you declare that you have the financial and technical knowledge sufficient to understand the inherent risks associated with the use of cryptographic and blockchain-based systems. You also declare a practical understanding of the use and complexities of digital assets, such as ether (ETH), so-called stablecoins, and other digital tokens following the Ethereum Token Standard (ERC-20).

In particular, you understand that markets for these digital assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including false versions of existing tokens and tokens that falsely claim to represent projects, and you acknowledge and accept the risk that you may trade mistakenly with such tokens or others. So-called stablecoins may not be as stable as they claim to be, may not be fully or adequately backed, and may be subject to panics and runs.

Moreover, you understand that smart contract transactions are executed and settled automatically, and blockchain-based transactions are irreversible once confirmed. You acknowledge and accept that the cost and speed of transactions with cryptographic and blockchain-based systems, such as Ethereum, are variable and may increase dramatically at any time. You also accept the risk of choosing to trade in Expert Modes, which may expose you to potentially significant price slippages and higher costs.

In summary, you acknowledge that we are not responsible for any of these variables or risks, we do not own or control the Protocol, and we cannot be held responsible for resulting losses you may experience by accessing or using the Interface. Consequently, you understand and agree to assume full responsibility for all risks when accessing and using the Interface to interact with the Protocol.