Terms of Service
Last Updated: Apr 3, 2025
Last Updated: Apr 3, 2025
This website (the “Site”) is made available by the Developer’s Eminence Foundation, a Cayman Islands foundation company (the “Company”, “we”, or “us”), however all transactions conducted on the Protocol (as defined below) are run by permissionless and autonomous smart contracts. By accessing this Site or any other portion of it, you agree agreeing to these Terms of Service (the “Terms”). These Terms apply to your access to, and use of, our websites and website hosted user interface that may be used to interact with various blockchain technologies (the “Interface”), and related content and functionality through our websites located at https://www.usenexus.org, https://www.hyperlane.foundation/, and https://hyperlane.xyz on which these Terms are posted and through our related technologies (collectively with the Interface and Site, including all existing and any updated or new features, functionality and technology, the “Services”). YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY:
PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW, OR PERSONS OR ENTITIES THAT APPEAR ON ANY SANCTIONS LIST MAINTAINED BY THE UNITED STATES' DEPARTMENT OF TREASURY'S OFFICE FOR FOREIGN ASSETS CONTROL, HIS MAJESTY'S TREASURY OF THE UNITED KINGDOM (AS EXTENDED TO THE CAYMAN ISLANDS BY STATUTORY INSTRUMENT), THE UNITED NATIONS SECURITY COUNSEL, THE EUROPEAN UNION OR ITS MEMBER STATES (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).
WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE SERVICES OR ACCESS THE SERVICES VIA A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN.
WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 13 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 12 (“GOVERNING LAW AND FORUM CHOICE”) WILL APPLY INSTEAD.
By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms then you must not use the Services or access the Services. You are solely responsible for determining whether your access to and use of the Services complies with applicable laws and regulations in your jurisdiction.
We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on the Services and/or may also send other communications. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
The Services do not collect any personal data, and your interaction with the Protocol (as defined below) and any Blockchain (as defined below) will solely be through your public digital wallet address or other third party services which integrate with the Services. You acknowledge and agree that any personal or other data that you may make available in connection with the Protocol may not be private or secure.
The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You may not attempt to access or use the Services if you are not permitted to do so.
In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers. “Restricted Territory” means Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhian regions of Ukraine, Belarus, Russia, and any other jurisdiction in which accessing or using the Services is prohibited (the “Prohibited Jurisdictions”).
You agree not to do any of the following: (a) use, display, mirror or frame the Services or any individual element within the Services, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent; (b) access, tamper with, or use non-public areas of the Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers; (c) attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures; (d) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Services; (e) attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers; (f) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (g) use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without the Company’s express written consent; (h) use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (i) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (j) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (k) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (l) disguise or interfere in any way with the IP address of the computer you are using to access or use the Services, or that otherwise prevents us from correctly identifying the IP address and geographic location of the computer you are using to access the Services; (m) collect or store any personally identifiable information from the Services from other users of the Services without their express permission; (n) impersonate or misrepresent your affiliation with any person or entity; (o) violate any applicable law or regulation; (p) engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services); (q) engage in wash trading, front running, pump and dump trading, ramping, cornering, or other deceptive or manipulative trading activities; (r) fabricate in any way any transaction or process related thereto; or (s) encourage or enable any other individual to do any of the foregoing.
The Company is not obligated to monitor access to or use of the Services. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. Such third-party resources may be made available to you under the terms of the applicable third party, and we are not responsible for the content, products or services on or available from those third parties and their websites or other resources. Please review the applicable terms prior to using or accessing such third-party resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 9, 10, 11, 12, 13 and 14.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses, including, without limitation, reasonable legal and accounting fees arising from or in any way connected with: (a) your access and/or use of the Services; (b) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Services with your assistance or using any device or account that you own or control.
THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.
THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ANY BLOCKCHAIN NETWORK UNDERLYING THE SERVICES.
By accessing and using the Services and Interface, you assume and understand all risks associated with using the Services and Interface, and digital assets and decentralized systems generally, including but not limited to, that: (a) digital assets are highly volatile, due to factors including (but not limited to) adoption, speculation, technology, security, and regulation; (b) using digital assets is inherently risky due to both features of such assets and the potential unauthorized acts of third parties; (c) you may not have ready access to assets; (d) the regulatory regime governing blockchain technologies, digital assets, and tokens is uncertain, and new regulations or policies may materially and adversely affect the development of the Services and Interface; and (e) you may lose some or all of your tokens or other assets. You agree that you will have no recourse against anyone else for any losses due to the use of the Services and Interface and we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing the Services and Interface. For example, these losses may arise from or relate to: (i) incorrect information; (ii) software or network failures; (iii) corrupted cryptocurrency wallet files; (iv) unauthorized access; (v) errors, mistakes, or inaccuracies; or (vi) third-party activities. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Services and Interface and interacting with the Protocol.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
These Terms and any action related thereto will be governed by the laws of the Cayman Islands, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and the Company are not required to arbitrate will be the courts located in the Cayman Islands, and you and the Company each waive any objection to jurisdiction and venue in such courts.
If you have any questions about these Terms or the Services, please contact us at hello@hyperlane.xyz.