DO NOT ACCESS THIS WEBSITE IF YOU ARE FROM THE USA.
THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY.
THIS WEBSITE DOES NOT CONTAIN ANY SORT OF ADVICE
FOR ANY QUESTIONS RELATING TO THESE TERMS, PLEASE CONTACT US AT: INFO@KEOM.IO
THIS WEBSITE CONTAINS INFORMATION ABOUT THE SUITE OF TRADING PRODUCTS MADE AVAILABLE THROUGH THE KEOM INTERFACE, THE CORE PRODUCT BEING KEOM PROTOCOL, AN OPEN-SOURCE AND PERMISSIONLESS PROTOCOL.
THE KEOM ASSOCIATION EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION CONTAINED WITHIN THIS WEBSITE CONCERNING KEOM PROTOCOL AND ITS USE.
WHILE THE INFORMATION CONTAINED ON THIS WEBSITE IS PERIODICALLY UPDATED, NO GUARANTEE IS GIVEN THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS CORRECT, COMPLETE, AND UP TO DATE.
Association shall mean KEOM Protocol Association, a non-profit entity established in Geneva, Switzerland.
Functionality (-ies) shall mean the functionalities of the Website, i.e. essentially the possibility to consult all the information contained thereon, as well as the possibility to contact KEOM Protocol Association and/or to subscribe to its Newsletter.
Interface shall mean the application allowing users to interact with the Protocol and the ancillary products made available to enhance users’ trading experience.
Intellectual Property Rights: shall mean copyrights, patent rights, registered design rights, design rights, database rights, service mark rights, trademark rights, trade secrets, know-how, confidential information, business names and any other similar protected rights in any country or any other proprietary or industrial right, whether registered or unregistered (including applications for any of the foregoing).
Protocol shall mean the open-source KEOM Protocol enabling its users to engage in peer-to-peer borrow and lend activities through token pools, including for the purpose of margin trading.
Terms shall mean these terms of use governing the use of the Website.
Visitor(s) shall mean any natural or legal person browsing the Website and using its Functionalities.
Website shall mean the website available at the following URLs https://www.keom.io and www.keom.ai, including the Interface accessible therethrough.
The Associations’ mission is to nurture open-source technologies improving how people trade with tokens and to promote the sector of decentralized finance, protect its interests, and advance best practices for the sector. In the context of its mission, the Association notably aims at
The Website therefore contains information relating to the Protocol, the Interface and the possibility for users to participate in decentralized governance processes.
By clicking on “Launch App”, the Visitor acknowledges and agrees being redirected to the Interface facilitating interaction with the Protocol. The Interface is to be deemed a front end and part of the Website while the back end infrastructure, namely the smart contracts constituting the Protocol, are not.
The Interface displays buttons facilitating calling specific functions of the Protocol, information relating to the tokens supplied and borrowed by the user, interest rates applicable thereto, the trading price of tokens accepted on the Protocol, any trading positions opened by the user through the Protocol, their health and rewards for which the user becomes eligible by interacting with the Protocol.
The trading price for tokens as displayed on the Interface is retrieved from third-party sources, i.e. decentralized exchanges, primarily Quickswap. The Association is not responsible for the accuracy and correctness of the displayed prices.
The Visitor is free to access the Protocol without relying on the Interface made available by the Association.
NONE OF THE INFORMATION PROVIDED ON THE WEBSITE CONSTITUTES AN 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.
The Website and its Functionalities are provided "as is" and "as available".
The Association makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, fitness for a particular purpose, and non-infringement, accuracy, or completeness with respect to the Website and its Functionalities, in particular the information contained on the Website (including third parties’ content) and/or communicated to any Visitor through the Newsletter, and the fact that the Website will be uninterrupted or error-free.
To the maximum extent permitted by applicable law, the Association disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, in relation to the Website.
The Association does not warrant that the Website operates uninterrupted or error free.
Since the Website is web-based, it might be subject to temporary downtime. A downtime may result from glitches, updates, or maintenance of the Website. As a result of a downtime, the Website will not be available for a certain period.
The Association is not responsible for any damages or losses suffered by the Visitor because of any failure or interruption of the Website and/or suspension of Visitor’s access to the Website.
IMPORTANT
The Association does not assume liability for any actions taken based on the information provided or through the use of its Interface.
VISITORS ARE SOLELY RESPONSIBLE FOR THEIR ACTIONS AND ACCEPT ALL ASSOCIATED RISKS.
The Association shall not be held liable for any failure to perform, and shall not accept responsibility for any ensuing damage, loss, delay, or inconvenience caused by circumstances beyond its reasonable control, such as force majeure events as specified below. No such inability to perform or delay shall invalidate the remainder of this agreement.
Constitutes a force majeure event any event which is neither foreseeable nor objectively attributable to the Association and which is objectively likely to delay the performance of its contractual obligations, including but not limited to natural phenomena, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, pandemics, factory blockages, telecommunication problems, internet unavailability, strikes or other labor disputes (whether or not such disputes involve the parties’ employees), accidents, plant breakdowns, impediments or delays by carriers, impossibility or delay in obtaining supplies or appropriate and necessary equipment, seizures, sequestrations or other measures taken by or on the order of an apparently competent authority and all other acts.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VISITOR HEREBY EXPRESSLY RELEASES THE ASSOCIATION FOR ANY RESPONSIBILITY OR LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION, BREACH OF TRUST, BREACH OF FIDUCIARY DUTY OR OTHERWISE, FOR ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, ACTUAL, EXEMPLARY, PUNITIVE OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, INVESTMENT OPPORTUNITIES, DATA USE, GOODWILL OR OTHER INTANGIBLE LOSSES) REGARDLESS OF WHETHER THE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH:
THE ASSOCIATION CANNOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INFORMATION THAT REVEAL TO BE UNTRUE OR THAT BECOMES INACCURATE OR MISLEADING CONCERNING THE PROTOCOL, CONTAINED ON THE WEBSITE OR WHICH HAS NOT BEEN PROVIDED BY THE ASSOCIATION ITSELF. YOU HEREBY FULLY RELEASE THE ASSOCIATION FOR ANY SUCH INFORMATION, PROVIDED IT DOES NOT RESULT FROM ITS FRAUD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE ASSOCIATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION, BREACH OF TRUST, BREACH OF FIDUCIARY DUTY OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS EXCEED CHF 100.
YOU AGREE THAT ANY CLAIM FILED MORE THAN ONE (1) MONTH AFTER THE DISCOVERY OF THE ALLEGED LIABILITY OF THE ASSOCIATION SHALL BE TIME-BARRED.
Intellectual Property Rights and all other proprietary rights in relation to the Website are the exclusive property of the Association or its licensors.
All Intellectual Property Rights and all other proprietary rights in relation to the Website not expressly granted herein are reserved to the Association.
Subject to these Terms and for the purpose of using the Website and benefiting from its Functionalities, the Association grants the Visitors a limited, non-exclusive, non-transferable, non-sub licensable, royalty free and revocable license to use and display the Website (i.e. by simply browsing it as well as by using it and benefiting from its Functionalities) for its intended purposes.
Any other use of the Website and its content, including without limitation distribution, reproduction, modification, making available, communicating to the public, publicly performing, frame, download, display, or transmission, in whole or in part, without the prior written consent of the Association is strictly prohibited.
The Visitor may not derive or attempt to derive the source code and/or the object code of all or any portion of the software or mobile software of the Website, permit any third party to derive or attempt to derive such source code and/or object code, or reverse engineer, decompile, disassemble, or translate the software of the Website or any part thereof.
The Association, together with its licensors expressly reserve all Intellectual Property Rights in all text, programs, products, processes, technology, content, source codes, object codes, layouts, and other materials, which appear on the Website. Access to the Website and its Functionalities does not confer and shall not be considered as conferring upon anyone any license under any of the Association’s Intellectual Property Rights or any third party's Intellectual Property Rights, except as expressly provided in these Terms.
Provided the Visitor respects these Terms and all applicable laws, the Visitor may view, print and/or download copies of content from the Website solely for the Visitor’s own use for non-commercial and/or informational purposes.
www.keom.io and www.keom.ai are domain names owned by the Association.
The Visitor agrees not to use any Association’s logos, graphics, or trademarks without the Association’s express prior written consent.
No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website and its Functionalities does not authorize anyone to use any name, logo, or mark in any manner whatsoever.
The Visitor may not use the trademark of the Association such as its domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Association endorses any product or service.
The Visitor agrees that any use of the Website shall be for lawful purposes as besides expressly permitted and contemplated by these Terms.
The Visitor shall not use the Website for any other purposes without the Association’s express prior written consent.
The Visitor shall never use the Website for the following purposes:
Unauthorized or prohibited use of the Website may subject you to civil liability, criminal prosecution, or both under local laws.
The Association, at its sole discretion, may authorize third parties’ content on the Website, notably in the form of embedded videos or links, banners. In such a case, the Visitor expressly understands and agrees that the Association is not responsible for the said third-party content and that it shall not be held liable as it does not have any control over such the third-party content.
The Visitor understands and agrees that he/she/it potentially may be bound by third parties’ policies and terms and conditions while accessing such third parties’ content on the Website. The Visitor represents and warrants that he/she/it read and accepts such third parties’ policies and terms and conditions (if any) and expressly agrees that the Association does not assume responsibility for these third parties’ policies and terms and conditions.
If the Visitor has a dispute related to third parties’ content (of any kind) and/or third parties’ policies and terms and conditions, he/she/it agrees to release the Association (including its affiliates, and each of its respective officers, directors, employees, agents, shareholders (if any), associates, partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
To the fullest extent permitted by applicable law, the Visitor will indemnify, defend and hold harmless the Association and its respective past, present and future members, directors, contractors, consultants, suppliers, service providers, agents, representatives, predecessors, successors and assigns from and against all actual and threatened claims, lawsuits, demands, actions, investigations (whether formal or informal), liabilities, obligations, judgments, damages, penalties, interests, fees, losses, expenses (including attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise arising from or relating to:
The Association reserves the right to exercise sole control over the defense, at the sole expense of the Visitor, of any claim subject to indemnification under this Article. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between the Visitor and the Association.
The Association reserves the right to at its own shut-down the Website without any obligation to indemnify any Visitor to the maximum extent permitted by law.
The Association may notably proceed to a shutdown in the following cases:
The Association is collecting and processing Visitors’ data in accordance and as set out in
These Terms can be amended from time to time and constitute the agreement between the Visitors and the Association concerning the Website and its Functionalities. The Visitor’s continued use of the Website after any amendment shall constitute his/her/its consent to such changes.
The Visitor agrees that, where lawful, all modifications or changes to these Terms shall take effect and be enforceable immediately upon posting unless otherwise indicated and, subject to applicable laws, any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and explicitly states that the prior version (or portions thereof) will remain in effect.
IF THE VISITOR DOES NOT WISH TO BE BOUND BY THE REVISED TERMS, HE/SHE/IT SHOULD CEASE USING THE WEBSITE. IT IS THE VISITOR’S RESPONSIBILITY TO REVIEW THE WEBSITE AND THESE TERMS ON A REGULAR BASIS.
If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
The Association failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
The Visitor may not assign any of his/her/its rights, licenses, or obligations under these Terms. Any attempt at assignment by the Visitor shall be void.
The Association may assign its rights, licenses, and obligations under these Terms without limitation.
These Terms shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.
Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of the Canton of Geneva, Switzerland, subject to an appeal to the Swiss Federal Court.
