# Terms of Use

## Terms of Use

#### 1. Introduction

In these DelFi General Terms of Use **(“Terms”)**, “DelFi”, "we" and "us" refers **DelFi** and we own and operate the website **https://delfi.finance/("the Site")** which acts as a front-end to the decentralized DelFi Protocol. These Terms apply to you (“You”) as a user of the Site and DelFi front-end, including all the products, services, tools and information made available on the Site.

Please read these Terms carefully before using the Site. These Terms apply to any person accessing the Site and by using the Site you agree to be bound by them. If you don’t want to be bound by them, you should not access the Site. By using the Site in any capacity, you agree that you have read and understood these Terms.

Please read these Terms carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that, if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind the company or other legal entity to these Terms and you are at least 18 years old or the age of majority where you reside, whichever is older, can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.

You are advised to check these Terms periodically to familiarize yourself with any changes to the Terms. DelFi in its sole discretion, reserves the right to make changes to our terms of services. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications.

DelFi will indicate on the Site of the changes to these Terms. You accept by doing so, we provide you with sufficient notice of such change.

Our Privacy Policy and Cookie Policy below also apply to your use of the Site.

#### 2. Site

As part of the Site, DelFi provides access to a decentralized finance application (“**Application**”) on the Ethereum blockchain, that allows lenders or borrowers of Ethereum assets (“**Cryptocurrency assets**”) to transact using smart contracts (“**Smart Contracts**”).

Using the DelFi Protocol may require that you pay a fee, such as gas charges on the Ethereum network to perform a transaction. You acknowledge and agree that DelFi has no control over any transactions, the method of payment of any transactions, or any actual payments of transactions. You must ensure that you have a sufficient balance to complete any transaction on the DelFi Protocol before initiating such transaction.

You acknowledge and agree that DelFi has no control over any transactions over DelFi Protocol, the method of payment of any transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your DelFi Protocol-compatible wallet address (“Cryptocurrency Wallet”) to complete any transaction on the DelFi Protocol or the Ethereum network before initiating such transaction.

#### 3. Access to the Site

Access to the Site is provided “as is” and “as available” basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.

We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and in our sole discretion.

We may suspend or disable your access to the Site if we consider it reasonable to do so, e.g. you breach these Terms.

We may remove or amend the content of the Site at any time. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.

You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the site.

As a condition to accessing or using the the Site, you:

1. will only use the Services and the Site for lawful purposes and in accordance with these Terms;
2. will ensure that all information that you provide on the Site is current, complete, and accurate;
3. will maintain the security and confidentiality of access to your cryptocurrency wallet address; and

As a condition to accessing or using the Site or the Services, you will not:

1. Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended.
2. use the Site for any purpose that is unlawful;
3. Export, reexport, or transfer, directly or indirectly, any DelFi technology in violation of applicable export laws or regulations;
4. Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;
5. Misrepresent the truthfulness, sourcing or reliability of any content on the Site;
6. Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or the DelFi Protocol, or that could damage, disable, overburden, or impair the functioning of the Site or the DelFi Protocol in any manner;
7. Attempt to circumvent any content filtering techniques or security measures that DelFi employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;
8. Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site to extract data;
9. Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;
10. Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
11. Post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Site; or
12. Encourage or induce any third party to engage in any of the activities prohibited under these Terms.

You acknowledge that the Site and your use of the Site contain certain risks, including without limitation the following risks:

1. That any Smart Contracts you interact with are entirely your own responsibility and liability, and that DelFi is not party to the Smart Contracts;
2. At any time, your access to your cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use of your cryptocurrency assets which may result in the cryptocurrency assets diminishing in value or you being unable to complete a Smart Contract;
3. If you are a borrower of cryptocurrency assets and if your collateral declines such that your collateral is no longer sufficient to secure your borrowed cryptocurrency assets, other users may seize your collateral to close out your borrowed cryptocurrency asset balance;
4. And site and/or application may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

Accordingly, you expressly agree that:

1. you assume all risk in connection with your access and use of the Site, the Application and the Smart Contracts;
2. that you expressly waive and release DelFi from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Site, the Application or the Smart Contracts.

#### 4. Third-Party Links

The Site may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

#### 5. Privacy Policy and Cookie Policy

Certain areas of our website may record and collect information about you. You can find more information about how we will you process your personal information in our [Privacy Policy.](https://delfi.gitbook.io/faq/terms-of-use#privacy-policy)

When you use the Site, we may collect information about your computer and your interaction with the Site. See our [Cookie Policy](https://delfi.gitbook.io/faq/terms-of-use#cookie-policy) for more information.

#### 6. Intellectual Property Rights

We are the owner of all intellectual property rights in the Site and the material published on them. These works are protected by copyright laws and all such rights are reserved.

www.delfi.finance is the uniform resource locator (‘URL’) of DelFi. You will not make use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.

You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorized use or reproduction may be prosecuted.

You will retain ownership of all copyright in data you upload or submit to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.

#### 7. Disclaimers

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.

We cannot promise that the use of the Site, or any content taken from the Site, will not infringe the rights of any third party.

The content and materials available on the Site are for informational purposes only and is not intended to address your particular requirements. In particular, the content and materials available on the Site does not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and is not intended to be relied upon by you in making any specific investment or other decisions. We recommend that you seek independent advice from financial advisory before making any such decision.

Nothing included in the site constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction.

From time to time, reference may be made to data we have gathered. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.

#### General

We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third-party. We may assign any or all our rights and obligations under these Terms to any third-party.

If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the site, DelFi and the services provided via the site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one or three; the seat of the arbitration shall be determined by the arbitrator(s); the arbitral proceedings shall be conducted in English. The applicable law shall be Swiss law.

With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and DelFi are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.

#### Contacting Us

Should you have any question about these Terms, or wish to contact us for any reason whatsoever, please do so by sending us an email.

## Privacy Policy

DelFi and its affiliates (hereinafter, “**DelFi**”, "**the Company**", "**we**", "**us**" or "**our**") are committed to protecting and respecting your privacy. In addition, we recognize that persons who use DelFi value their privacy. This Privacy Policy together with our Terms of Service governs our collection, processing and use of your Personal Information. By accessing DelFi, you are consenting to the information collection and use practices described in this Privacy Policy.

If you reside within the European Union (EU), European Economic Area (EEA), or Switzerland, DelFi will be the data controller responsible for processing Your Information. See the Contact section of this Privacy Policy for details.

This Privacy Policy applies to the operations of DelFi in the European Economic Area (EEA). It gives you rights by operation of the EU GDPR. If you live outside the EEA, DelFi will undertake best efforts to give you a similar degree of control over your privacy.

#### Purpose of Privacy Policy

The purpose of this Privacy Policy is to set out in an accountable and transparent way the collection and use of information by DelFi.

#### Personal Information

**"Personal Information"** is information which identifies you personally or by which your identity can reasonably be ascertained. This may include but is not limited to:

1. Full legal name, address for service, e-mail address, phone number, date of birth, photographic identification, government issued identification and other contact details.
2. DelFi requires the highest level of browser permissions that could potentially lead to procurement of more Personal Information than enclosed in the definition of Personal Information.
3. World Wide Web related information, including but not limited to IP Addresses, operating system and browser type may be received by DelFi as a result of your interactions with DelFi.
4. DelFi uses Google Analytics for purposes of monitoring web traffic. Any identifying information collected via Google Analytics is controlled by Google.
5. Ethereum blockchain and other public blockchains provide transparency into transactions and DelFi is not responsible for preventing or managing information broadcasted on a blockchain.

#### Purpose of Personal Information collection

Personal Information is collected in order to:

1. Provide our services efficiently and effectively;
2. Inform you about lending and financing features;
3. Develop, enhance, market and deliver products and services to you;
4. Understand your needs and your eligibility for products and services;
5. Provide information to you about developments and new products, including changes and enhancements to the Site;
6. Process billing and collection of any fees;
7. Conduct surveys and get feedback from you;
8. Establish and maintain a responsible commercial relationship with you;
9. Provide you with news and other matters of general interest to you as DelFi customer;
10. Meet DelFi's legal and regulatory requirements (eg, information required to verify your identity).

#### Security, Protection and Use of Personal Information

DelFi is committed to protecting your privacy. Internally, only a specified number of employees within our business have access to your Personal Information. These employees have duties which reasonably require access to your Personal Information.

DelFi's systems and data are constantly under review to ensure that you are getting the best level of service and that market leading security features are in place.

DelFi reserves the right to retain and share certain Personal Information in order to meet our regulatory and statutory requirements. In addition, DelFi reserves the right to retain and share certain Personal Information with our corporate partners, and third parties acting on behalf of DelFi.

Personal Information and other related data may be exported outside of the jurisdiction in which you reside. Your Personal Information may be processed and stored in a foreign country or countries. Under those circumstances, the governments, courts, law enforcement or regulatory agencies of that country or those countries may be able to obtain access to your Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be lower than those of the jurisdiction in which you reside. You should note that you are not obliged to give your Personal Information to DelFi, but if you choose not to do so, we may not be able to provide our services, or your access to our services may be limited.

#### Consent

Consent is required for the collection of Personal Information and the subsequent use of disclosure of Personal Information. The form of consent may vary depending upon the circumstances and the type of Personal information obtained. Your agreement with DelFi's Terms of Service constitutes your consent to the collection and use of Personal Information as described in this Privacy Policy. DelFi reserves the right to use and disclose Personal Information without your knowledge or consent as permitted by applicable law.

#### Disclosure of Personal Information

We use the Personal Information for the purposes indicated at the time you provide us with such information, and/or otherwise for the purposes set out in this Privacy Policy and/or as otherwise permitted by law. We may make available the Personal Information that you provide to us to our affiliates, agents, representatives, service providers and contractors for these purposes. We also reserve the right to disclose Personal information that DelFi believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability or harm, to investigate and respond to third-party claims or allegations, to respond to a court order or official requests, to protect security or integrity of DelFi and to protect the rights, property or safety of DelFi, our uses or others.

We may share Users' Personal Information with any financial dispute resolution scheme to which the Company subscribes, and other law enforcement bodies, regulatory agencies, courts, arbitration bodies and dispute resolution schemes, both in Switzerland and internationally, as may be required by law.

If you request it in writing, we may share your Personal Information with your nominated advisers. Except where disclosure of your Personal Information is required by law or requested by you, we will generally require any third party which receives or has access to Personal Information to protect such Personal Information and to use it only to carry out the services they are performing for you or for us, unless otherwise required or permitted by law. We will ensure that any such third party is aware of our obligations under this Privacy Policy and we will take reasonable steps to ensure that contracts we enter with such third parties binds them to terms no less protective of any Personal Information disclosed to them than the obligations we undertake to you under this Privacy Policy or which are imposed on us under applicable data protection laws.

In the event that DelFi is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment or the application of laws or change of control, there may be a disclosure of your information to another entity related to such an event.

#### Access and Changing of Personal Information

You have the right to access the Personal Information we hold about you, and to require the correction, updating and blocking of inaccurate and/or incorrect data by sending an email to us. We will aim respond to your request within 14 days. You may also request the deletion or destruction of your Personal Information, your Account details, or your Transaction details by sending an email to us. DelFi will act on your request only when it is not inconsistent with its legal and regulatory obligations and compliance procedures. Upon your written request, we will inform you of the use and general disclosure of your Personal Information. Depending on the nature of your request, there may be a minimal charge for accessing your Personal Information.

#### Security

We take reasonable steps to protect your Personal Information from misuse, loss, unauthorized access, modification or disclosure, including implementing appropriate security measures. The security measures in place will, from time to time, be reviewed in line with legal and technical developments. However, we give no guarantee that such misuse, loss, unauthorized access, modification or disclosure will not occur. There are protective measures that you should take which as well include but are not limited to changing password regularly, not sharing your Personal Information with other unless you clearly understand the purpose of their request and you know with whom you are dealing.

#### Retention of Personal Information

We will hold your Personal Information only for as long as it is necessary for us to do so, having regard to the purposes described in this Privacy Policy and our own legal and regulatory requirements. In general, Personal Information relating to your Account for at least a period of 5 years after your Account is closed. Similarly, we usually retain information about Transactions on your Account for a period of 5 years from the date of the Transaction. Personal Information which is collected for other purposes will be discarded inn accordance with our policies in place from time to time.

#### Users Under Age of 13

DelFi does not knowingly collect or store any personal information about children under 13 without verifiable prior parental consent. If you believe such information has been inadvertently collected, we will take necessary steps in order to remove such information from our database. Users under 13 must seek and obtain parental consent to use this website.

#### Links

There may be links from our Site to other sites and resources provided by third parties. This Privacy Policy applies only to our Site. Accessing those third-party sites or sources requires you to leave our Site. We do not control those third party sites or any of the content contained therein and you agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services or actions and/or any damages, losses, failures or problems caused by, related to or arising from those sites. We encourage you to review all policies, rules, terms and regulations, including the privacy policies, of each site that you visit.

#### Changes

Our policies, content, information, promotions, disclosures, disclaimers and features may be revised, modified, updated, and/or supplemented at any time and without prior notice at the sole and absolute discretion of the Company. If we change this Privacy Policy, we will take steps to notify all Users by a notice on our website and will post the amended Privacy Policy on the website.

#### Contact Us

If you have any questions, comments, or concerns regarding our Privacy Policy and/or practices, please contact us by email.

## Cookie Policy

This cookie policy explains what cookies are and how DelFi and its affiliates (hereinafter, “**DelFi**”, "**the Company**", "**we**", "**us**" or "**our**") uses them. We encourage you to read the policy in full so that you understand what information we collect using cookies and how that information is used. By using our sites, you are agreeing that we can use cookies in accordance with this policy.

#### What are cookies?

Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer or smartphone) when you visit a website. Cookies can be recognised by the website that downloaded them — or other websites that use the same cookies. This helps websites know if the browsing device has visited them before.

#### What are cookies used for?

Cookies do lots of different jobs, like helping us understand how our website is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

#### What types of cookies are used by DelFi?

The types of cookies used on our site can generally be put into one of the following categories: strictly necessary; analytics; functionality; advertising; and social media. You can find out more about each of the cookie categories in the table below.

#### Strictly Necessary Cookies

These cookies are essential to make our website work. They enable you to move around the site and use its features. Without these cookies, services that are necessary for you to be able to use our site such as accessing secure areas cannot be provided.

#### Analytics Cookies

These cookies collect information about how people are using our website. For example, which pages are visited the most often, how people are moving from one link to another and if they get error messages from certain pages. These cookies don't gather information that identifies you. All the information these cookies collect is grouped together with information from other people’s use of our site on an anonymous basis. Overall, these cookies provide us with analytical information about how our site is performing and how we can improve it.

#### Functionality Cookies

These cookies allow us to remember choices you make and tailor our site to provide enhanced features and content to you. For example, these cookies can be used to remember your user name, language choice or country selection, they can also be used to remember changes you've made to text size, font and other parts of pages that you can customize.

#### Advertising Cookies

These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertising partners. This means after you have been to our site you may see some advertisements about our services elsewhere on the Internet.

#### Social Media Cookies

In order to enhance your internet experience and to make the sharing of content easier, some of the pages on our website may contain tools or applications that are linked to third party social media service providers such as Facebook, Twitter or Google+. Through these tools or applications, the social media service provider may set its own cookies on your device. We do not control these cookies and you should check the social media service provider’s website for further details about how they use cookies.

#### How long will cookies stay on my browsing Device?

The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device after you have finished browsing until they expire or are deleted.

#### First and third-party cookies

“First party cookies” are cookies that belong to us and that we place on your device. “Third-party cookies” are cookies that another party places on your browsing device when you visit our site. Third parties setting cookies from our website will be providing a service to us or a function of the site, but we do not always control how third-party cookies are used. You should check the third party’s website for more information about how they use cookies.

#### How to manage cookies from this website?

You can usually use the browser that you are viewing this website through to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note that if you set your browser to disable cookies, you may not be able to access secure areas of the website and other parts of the website may also not work properly.

You can find out more information about how to change your browser cookie settings at [www.allaboutcookies.org](https://www.allaboutcookies.org/).

Some third parties may use Advertising Cookies to help gather information about your browsing activity so that they can deliver website advertising to you that is relevant to your interests. The advertising industries in EU have developed schemes to help you opt-out of receiving cookies used for these purposes. You can find out more about the EU scheme from [www.youronlinechoices.eu](http://www.youronlinechoices.eu/) .

#### Changes

Information about the cookies used by us may be updated from time to time, so please check back on a regular basis for any changes. The last modification date of this document is shown at the beginning of this document.

#### Questions

If you have any questions about this cookie policy, please contact us by email.

