Aave General Terms of Use

updated 30.09.2019

1. Introduction

In these Aave General Terms of Use (“Terms”), “Aave”, "we" and "us" refers Aave SAGL and we own and operate the website https://aave.com/("the Site"). These Terms apply to you (“you”) as a user of the Site and Aave, 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 are advised to check these Terms periodically to ensure that you are aware and comply with the current version of these Terms. Changes are binding on users of the Site and will take effect immediately from posting of the revised documentation on the Sites. You agree to be bound by such variation and continued use of the Site shall constitute acceptance of such variation.

Aave 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 also apply to your use of the Site.

If you have any queries in relation to the Site or the information on it, please contact us on [email protected] .

2. Site

As part of the Site, Aave 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”).

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.

You agree to access and use the Site only for its intended purpose and will not attempt to:

  1. make commercial use of the Site or any of its content without our express permission;
  2. attempt to hack, make unauthorised alterations to, gain unauthorised access to, or introduce any kind of malicious code to the Site by any means;
  3. reverse engineer or decompile (whether in whole or in part) any software available through the Site;
  4. make copies, modify, reproduce, transmit, alter or distribute all or any part of the Site or any material or information contained in it;
  5. use the Site for any purpose that is unlawful;
  6. use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (known as ‘phishing’);
  7. use the Site in any manner that disrupts its operation;
  8. disguise or interfere in any way with the IP address of the computer you are using to access the Sites or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Site.

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 Aave 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 Aave 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.

When you use the Site, we may collect information about your computer and your interaction with the Site. See our 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.aave.com is the uniform resource locator (‘URL’) of Aave. 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 unauthorised 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 licence 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 programmes 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, Aave 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 Aave 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.

About Us

Aave SAGL is a company incorporated in Switzerland, under license number CH50140228832 with registered office and principal place of business at Piazza Indipendenza 1, 6830 Chiasso, Switzerland.

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 at [email protected]