Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS", "TERMS OF USE"), WHICH ALONG WITH OUR PRIVACY POLICY AND ALL SUPPLEMENTAL TERMS THAT MAY BE PRESENTED TO YOU FOR YOUR REVIEW AND ACCEPTANCE (COLLECTIVELY, THE "AGREEMENT") CONSTITUTE THE AGREEMENT BETWEEN YOU OR ANY ENTITY ON WHOSE BEHALF YOU ACCESS OR USE THE FUNCTIONALITIES AVAILABLE ("USER" OR "YOU"), AND OXBOW LTD. ("OXBOW", "WE", "US"). THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE WEBSITE AND FUNCTIONALITIES BETWEEN THE PARTIES AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN THE PARTIES. OXBOW AND USER ARE HEREINAFTER JOINTLY DEFINED AS THE "PARTIES" OR INDIVIDUALLY A "PARTY".

BY ACCESSING THE WEBSITE OR USING THE FUNCTIONALITIES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. YOU AGREE TO THESE TERMS PERSONALLY AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT OR THAT YOU NAME AS THE USER WHEN YOU ACCESS THE WEBSITE OR FOR THE FUNCTIONALITIES. WHEN INTEGRATING OXBOW'S FUNCTIONALITIES ("FUNCTIONALITIES"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO BIND ANY SUCH COMPANY OR LEGAL ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS AND/OR USE OXBOW'S FUNCTIONALITIES.

0xbow Limited (hereinafter "0xbow", "we", or "us") maintains the website privacypools.com (the "Website"), our software, data, content, information, tools, functionality, updates, and similar materials that may be provided by us from time to time (collectively, the "Functionality"), subject to your acknowledgement, agreement and compliance with the conditions set forth in this Agreement.

This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the website and/or otherwise making you aware of the changes. Your continued access and use of our Functionalities following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the "Effective Date" date above to see when this Agreement was last updated.

Right to Access:

You must agree and comply with the conditions of this Agreement, and we will grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive right to access, receive, and access the website and use of the Functionalities. No rights not explicitly listed are granted.

Overview

0xbow offers an API for third parties to verify whether a particular wallet address is or is not identified as associated as high-risk or on a sanctions list. Access to the Association Set requires the user to provide certain information for 0xbow to conduct appropriate due diligence on the user's wallet address ("Proof of Association"). If the user's wallet address passes 0xbow's due diligence process, the Proof of Association will be published by 0xbow ("Whitelisted") for Ethereum privacy pools ("Pools"). 0xbow will have the discretion to remove any wallet address from the Proof of Association at any time.

If 0xbow detects that a wallet address was mistakenly added to the Whitelist, 0xbow will remove the wallet's Proof of Association. User'a wallet address will undergo 0xbow's due diligence process each time a deposit is made into the Privacy Pool. A minimum deposit amount will be required and enforced by the smart contract for all users. For example, the minimum deposit amount will be 0.1 ETH for the ETH Pool on Ethereum mainnet. However, the minimum amount may vary for each Privacy Pool deployment based on the type of asset and chain on which the Pool is deployed. The deposit amount may be updated from time to time at 0xbow's discretion.

Users whose wallet address is not Whitelisted may withdraw their deposit to their deposit address - this process may reveal certain aspects of the transaction publicly. Users that fail 0xbow's due diligence process risk their wallet address being associated with other high-risk and/or sanctioned wallet addresses. In these instances, users will not be included in the Proof of Association.

Eligibility:

A. In order to be eligible to access and use the Features, you represent and warrant that:
1. You are at least eighteen (18) years old and capable of forming a binding legal relationship with 0xbow.
2. You have the requisite capacity, power, and authority to accept these Terms and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid, and binding obligation enforceable against you in accordance with these Terms.
3. You are not and must not be under any sanctions imposed or enforced by any relevant national or international authority, nor should you be listed on any roster of prohibited or restricted entities, inclusive of, but not limited to, those maintained by the United States' Department of the Treasury's Office of Foreign Assets (OFAC), including, but not limited to, Cuba, Democratic People's Republic of Korea (DPRK), Iran, Syria, or the following Russian-occupied regions: Crimea, Donetsk, and Luhansk.
4. You understand that certain jurisdictions are restricted from accessing the Features. These jurisdictions include Cuba, Democratic People's Republic of Korea**,** Iran, Syria**,** or the following Russian-occupied regions: Crimea, Donetsk, and Luhansk. You understand that this list of restricted jurisdictions may be updated from time to time at 0xbow's discretion.
5. Prohibited Activity:
  1. You agree to use the Features for its intended purpose and will not engage in, or attempt to engage in,
    
    a. hacking, gaining unauthorized access or introducing any kind of malicious code to it;
    
    b. reverse engineer or decompile (whether whole or in part) any software available through it that exceeds the terms of this Agreement and the designated Open Source License (https://github.com/0xbow-io/privacy-pools-core, Apache License);
    
    c. making copies, modify, reproduce, transmit, alter or distribute all or any part of the Features or any material information contained in it that exceeds the terms of terms of this Agreement and the designated Open Source License (https://github.com/0xbow-io/privacy-pools-core, Apache License);
    
    d. use them for any purpose that is unlawful;
    
    e. offering illegal or controlled products or services including, without limitation, firearms, explosives, dangerous materials, drugs, pornography, illegal gambling, human trafficking, wildlife trade, products and services derived from endangered or threatened species, or other activities which may be considered illegal, dangerous or harmful;
    
    f. shall not and will not allow restricted persons to use a virtual private network (e.g., a VPN) or other means to inappropriately/evasively access it; or
    
    g. use them in any manner that disrupts their operation.
Important Notices

We do not manage, control, or operate the underlying Privacy Pools protocol. Users access or use of Privacy Pools is independent of 0xbow. 0xbow takes reasonable efforts to ensure that users may access the website and Features at all times, we do not represent or warrant that access will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the website, or its features, at all times.

We do not represent or warrant the accuracy or completeness of any Content provided by any user.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or its functionalities, or any part thereof, with or without notice.

The website may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right, but we are not obligated, to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Payments and Cancellations

The risk management and due diligence Features require a payment of 0.5% of each deposit a user proposes to submit to a Privacy Pool (each, a "Vetting Fee"). The Vetting Fee may be subject to change at 0xbow's discretion. Except as otherwise agreed by 0xbow, the user's deposit would be included in the appropriate Privacy Pool minus the Vetting Fee.

Fees and other charges do not include federal, local, foreign, or similar transaction taxes ("Taxes") now or hereafter levied, all of which shall be your responsibility. 0xbow does not provide legal, regulatory, financial, investment or tax advice. YOU MAY STOP ACCESSING THE WEBSITE OR USING THE FUNCTIONALITIES AT ANYTIME. HOWEVER, ANY DETERMINATIONS THAT OXBOW MAKES RELATED TO WHITELISTED ADDRESSES AND/OR COMMUNICATES TO USERS OR IS REFLECTED ON OUR WEBSITE OR ONCHAIN SHALL SURVIVE ANY DEPOSIT OR WITHDRAWAL YOU MAKE. All Vetting Fees are non-refundable.

Rules of Conduct

Your access to the Website and use of the Functionalities is conditioned on your acknowledgement and compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You represent and warrant:

that the information that you provide to 0xbow is complete, accurate and true, and agree to update it as necessary or as may be requested from time to time at 0xbow's discretion;
that you, and if applicable the business or entity that you represent, have/has the express, informed consent of any person(s) whose personal or contact information that you will provide us;
you, and if applicable the business or entity that you represent, are/is licensed and qualified to post, upload, communicate with us about, and make decisions based upon, the materials or information that you make available, or that is otherwise requested by 0xbow, as required by applicable law, regulation and best industry standards; and

You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from your access to the Website or use of the Functionalities available.

You further agree that you will not do any of the following:

modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Functionalities;
interfere with or disrupt the operation of the Website or Functionalities, including restricting or inhibiting any other person from using same by means of hacking or defacing;
transmit to or make available any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity;
attempt to probe, scan or test the vulnerability of a system, a network, or to breach security or authentication measures without proper authorization;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
harvest or collect the email address, contact information, or any other personal information of other users;
use any means to crawl, scrape or collect content from the Website or the Functionalities via automated or large group means;
submit, post or make available false, incomplete or misleading information to us, or otherwise provide such information to us;
breach any agreements that you enter, or have entered, into with any third parties;
stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing;
direct or encourage another user or individual,to do something that is unsafe, or that a similarly situated, reasonable person wouldn't have an expectation of safety; or
impersonate any other person or business.

We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your access to the Website or our Functionalities, immediately terminating your access to the Website or use of our Functionalities, blocking certain IP addresses from accessing the Website or our Functionalities. Notwithstanding the foregoing, our unlimited right to terminate your access to the Website or our Functionalities shall not be limited to violations of these rules of conduct.

Intellectual Property

All rights to the Website and Features are either the property of 0xbow or are open source software: https://github.com/0xbow-io/privacy-pools-core, Apache License. Any existing intellectual property rights such as copyrights, trademark rights and other intellectual property rights are the exclusive property of 0xbow.

Data Collection and Use

You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us in alignment with these Terms.

Links and Third-Party Content

The Website may contain links to third-party websites, services, and materials. . Such links are provided for informational purposes only, and we do not endorse any third-party website or services through the provision of such a link. All third party websites may have their own terms and privacy policies which user must adhere to if accessing and using those third party websites or features.

Limited Warranty

a. You acknowledge and agree that except as set forth in these Terms, the Features are provided on an "as is" basis with faults and without warranty of any kind.

b. We make no representation or warranty that the Features will comply with any obligations that User may have under any applicable Laws, rules, regulations, or similar obligations and we shall not have any liability or be responsible for any damages, liabilities, losses, costs, out-of-pocket costs or expenses (including attorneys' fees), whether direct, indirect, special, incidental, consequential, punitive or otherwise of any kind arising out of, in connection with or relating to the User's compliance with any obligations under any applicable laws, rules, regulations, or similar obligations. Without limiting the foregoing, 0xbow does not represent or warrant that (i) the Features will be error free, uninterrupted or available at all times; or (ii) that the Features will remain compatible with, or operate without interruption on, any equipment provided by User.

c. User acknowledges and agrees that technical problems may prevent 0xbow from providing all or any part of the Features. 0xbow makes no warranties and the User receives no warranties, whether express, implied or statutory, regarding or relating to the Features and 0xbow hereby specifically disclaims, overrides and excludes to the fullest extent permitted by Law, all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and all other warranties, conditions, other contractual terms, representations, indemnities and guarantees with respect to the Features, whether express, implied or statutory, arising by Law, custom, prior oral or written statements by 0xbow or any of its agents or affiliates or otherwise (including but not limited to, as to title, satisfactory quality, accuracy, completeness, uninterrupted use, noninfringement, timeliness, truthfulness, sequence and any implied warranties, conditions and other contractual terms arising from transaction usage, course of dealing or course of performance).

d. User acknowledges and agrees that 0xbow has no control over the underlying protocol or privacy pool infrastructure. User further acknowledges and agrees that 0xbow has no control or custody of user or third party digital assets (or any type of funds). As such, User acknowledges and agrees that 0xbow will have no liability for any determination made, communicating that determination to the User or third party in relation to any movement of digital assets, cryptocurrency, funds, etc. including User's ability or inability to deposit or withdraw any digital asset from the privacy pool or elsewhere.
Indemnification

You will indemnify and hold harmless 0xbow, our affiliates and service providers, and their respective officers, directors, employees and agents (together, the "Released Parties"), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to the Features and (ii) your violation of these Terms.

Limited Liability

a. You acknowledge and agree that 0xbow shall, to the extent possible permitted by law, not have any liability in or be responsible for any damages, losses, costs, out of pocket costs or expenses (including attorneys' fees), whether direct, indirect, special, incidental, consequential, punitive or otherwise of any kind (including, without limitation, any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, or loss of, damage to or corruption of data), in each case arising under or related to claims of breach of contract, tort, including negligence, strict liability, negligent mistreatment, restitution, breach of statutory duty or any other cause of action whatsoever with respect to these Terms, the Features, or any other matter contemplated hereby.

b. Notwithstanding anything to the contrary herein and without limiting the foregoing, User acknowledges and agrees, that 0xbow shall not be held liable for: any loss or theft of digital assets including, but not limited to private keys; transaction errors done by the User; late execution or settlement of any transaction whatsoever; the incorrect booking of transactions or the presence of an error in ordering the booking of transactions in a blockchain; any security breach or weakness, bug, of any kind for a digital asset; any security breach or weakness, bug, of any kind in the technology stacks used including but not limited to programming languages and open-source libraries; any configuration or installation errors by the User.

c. 0xbow makes no warranties or representations, express or implied, about linked Third Party Services, assets available through them, or the suitability, privacy, or security of their products or services. User acknowledges sole responsibility for and assumes all risk arising from the use of Third Party Services, third-party websites, applications, or resources. 0xbow shall not be liable under any circumstances for damages arising out of or in any way related to software, products, services, and/or information offered or provided by third-parties and accessed through any of the Features.

d. User agrees to indemnify and hold 0xbow harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of an (a) any application's policy and its data protection/privacy practices, (b) information provider's implementation of any policy and its data protection/privacy practices, and (c) user or third party's validation of any transaction.
Dispute Resolution

a. By voluntarily accepting these Terms, User agrees to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the Terms or the Features, including but not limited to use of the Features, through final and binding mediation and arbitration.

b. The Parties hereby waive their respective rights to a jury trial in any future action or proceeding and agree that any dispute or claim arising to or in any way related to this Agreement may be settled by arbitration in Delaware. The Parties agree that any arbitration will be administered by Judicial Arbitration & Mediation Services, Inc. ("JAMS") pursuant to its Comprehensive Arbitration Rules & Procedures (the "JAMS Rules") using a single arbitrator. The Parties agree that the arbitrator shall have the power to decide any motions brought by any Party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. The Parties agree that the arbitrator shall issue a written decision on the merits. The Parties agree that the arbitrator shall administer and conduct any arbitration in a manner consistent with the JAMS Rules, and that the arbitrator shall apply substantive and procedural Delaware law to any dispute or claim, without reference to rules of conﬂict of law. To the extent that the JAMS Rules conﬂict with Delaware law, Delaware law shall take precedence. In the event the Parties agree that the total amount in controversy is not more than $75,000, subject to JAMS' Streamlined Arbitration Rules and Procedures, the Parties agree to conduct such arbitration proceeding telephonically or via Zoom. Within reasonable limitations and acknowledging each Party's desire to have limited discovery proceedings, the scope and duration of discovery will be within the sole discretion of the arbitrator. Subject to liability limitations stated here in this Agreement, the arbitrator may grant any remedy or relief available under applicable law, including, without limitation, injunctive relief and speciﬁc performance. The arbitrator's decision or award shall be fully enforceable and subject to an entry of judgment by a court of competent jurisdiction. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the commission of an error of law or legal reasoning shall be grounds for vacating or correcting the award. Each Party shall pay the fees of their respective attorneys and any other expenses connected with the arbitration, but all other costs of this arbitration, including the fees of the arbitrator, cost of any record or transcript of the arbitration, administrative fees, and other fees and costs, shall be shared equally by the parties. The party losing the arbitration shall reimburse the party who prevailed for all expenses the prevailing party paid pursuant to the preceding sentence and for all reasonable attorneys' fees (as determined by the Arbitrator) incurred by the prevailing party in connection with the arbitration proceeding. A demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter has arisen, and in no event shall such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. The decision of arbitrators shall be rendered within sixty (60) days of submission of any claim or dispute, shall be in writing and mailed to all the parties included in the arbitration. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereof.
Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the state of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes will be in Delaware, and you and 0xbow each waive any objection to such jurisdiction and venue.

Force Majeure

0xbow shall not incur any liability or penalty for not performing any act or fulfilling any obligation hereunder by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any Governmental Authority, any act of God or war or terrorism, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the Ethereum Network, or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack. It being understood that 0xbow shall use commercially reasonable efforts, consistent with accepted practices in the industries in which 0xbow operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.

16. Severability

If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

17. Revisions

In the event that we update this Agreement, you will be notified through the Website or other appropriate Functionality and may be required to re-affirm the updated Agreement using the method we will specify.

18. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access or use of the Website or Functionality.

19. Assignment

We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

20. No Waiver

Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

21. Notices

All notices given by you or required under this Agreement shall be in writing and addressed to support@0xbow.

22. Equitable Remedies

You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

23. Entire Agreement

This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.