Terms of Use
These Terms of Use (hereinafter referred to as “TOU” or the “Agreement”) are concluded between:
- firstly, ADD MGH, a French law governed association organized under the law of July 1, 1901 and the decree of August 16, 1901, having its registered office located at 231 rue Saint Honoré, 75001 Paris, registered with the Répertoire National des Associations under number W751264414 (hereinafter referred to as "ADD MGH", the “Association”, “Us”, “We”, “Our”), and,
- secondly, a user (hereinafter referred to as the “User”, “You”, “Yours”), who visits or uses ADD MGH’s websites (as defined below).
ADD MGH and the User are hereafter individually referred to as a “Party” and referred to jointly as the “Parties”.
These TOU – as may be updated from time to time – govern the terms upon which ADD MGH shall provide you with the Services (as defined below).
Please read these TOU carefully before you use the Services. These TOU – a durable medium to which you can easily refer to during your use of the Services (as defined below) – tell you who we are and how you will be provided with the Services.
Important notice: No Services (as defined below) are offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in a Restricted Territory (as defined below), and any such person or entity from a restricted territory, (a “Restricted Person”). Use of a virtual private network (“VPN”) to circumvent the restrictions set forth herein is strictly prohibited.
1. DEFINITIONS
In addition to the terms defined elsewhere in these TOU, capitalized terms will have the meanings indicated below, whether in the singular or plural.
- ADD MGH: a software development Association that promotes and works on the development of the Protocol (Dirac Finance) by allowing its decentralization, as the Protocol has been deployed open source.
- Dirac Finance: is the name of the project developing the Dirac Finance Protocol.
- Smart Contract: allow participants to transact with each other without a trusted central authority.
- Token: a crypto token is a representation of an asset or interest that has been tokenized on an existing cryptocurrency's blockchain.
- Protocol: is the Dirac Finance Protocol, which is a decentralized protocol deployed in a or several blockchains.
- DIRAC: is the governance token of Dirac Finance.
- Ether: means the utility token of the Ethereum Blockchain that may be used to purchase computational resources to run decentralised applications or perform actions on such Blockchain.
- Ethereum Address: means the unique public key cryptocurrency identifier that points to an Ethereum-compatible wallet to which Ether may be sent or stored.
- Ethereum Blockchain: means the underlying blockchain infrastructure Ribbon leverages to offer its Services.
- Polygon zkEVM: a Layer 2 network of the Ethereum Virtual Machine (EVM), a zero-knowledge (ZK) rollup scaling solution.
- SKALE: a blockchain network that Dirac Finance utilizes for its operations, known for its zero gas fee infrastructure and scalability solutions.
- Zero Gas Fees: A feature of SKALE Network that Dirac Finance leverages, allowing transactions and operations without the need for traditional gas fees as seen in other blockchain networks.
- Blockchain: means a transparent, secure information storage and transmission technology that operates without a central control body. It is not legally defined but constitutes a database containing the history of all exchanges made between its users since its creation. It is secure and distributed: it is shared by its various users, without intermediaries, enabling anyone to verify the validity of the chain. There are public blockchains, open to all, and private blockchains, whose access and use are limited to a certain number of players. A public blockchain can therefore be likened to a public, anonymous and unforgeable accounting ledger.
- Affiliate: means, with respect to a party to these Terms, any legal entity that, directly or indirectly controls, is controlled by or is under common control with Dirac Finance.
- Applicable Law: means any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directives, requirement or guideline, published or in force which applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental Authority having jurisdiction over Dirac Finance, the User, the Dirac Finance platform or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity.
- Governmental Authority: means the applicable domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority.
- Platform: means the Dirac Finance website located at "dirac.finance", and all associated sites linked thereto by Dirac Finance and its Affiliates, including Dirac Finance's decentralized application layer on Polygon zkEVM and SKALE.
- Services: The Products offered by Dirac Finance are accessible through dirac.finance
- Product: means any product offered through the Services and available in Dirac Finance.
2. ELIGIBLE USERS
The following are conditions of access to Dirac Finance, and each time you access Dirac Finance, the User represents and warrants to us that:
1. The User is an individual that is 18 years of age or older, capable of forming a binding contract with us, and under no legal impediment or incapability;
2. The User is an authorized representative of a company and has the authority from that company to access Dirac Finance and form a binding agreement with us on behalf of that company;
3. The User is not identified as a "Specially Designated National" by the US Office of Foreign Assets Control or otherwise subject to any sanctions or restrictions that may affect our ability to provide the User with our Services;
4. The User has the full power and authority to agree to these Terms and to use any Service offered by Dirac Finance through dirac.finance;
5. The User has read the Risk Sections and the Product Terms of Use prior to using any Service, and you are solely responsible for your trading or non-trading actions and have had the opportunity to take any legal, financial, accounting or other advice that you deem appropriate before accessing Dirac Finance or using any of the Services;
6. The User will only trade with legally obtained digital assets that belong to The User, and The User has full legal and beneficial title to any such assets at the time The User transfers them to us;
7. The User is not located in, or a resident of, any Restricted Territory (as defined below) and has not used any technical means to misrepresent its geographical location to access Dirac Finance from any Restricted Territory; and
8. The User is acting for its own account as principal and not as trustee, agent, or otherwise on behalf of any other persons
Your access to the Dirac Finance Platform and any Services may be restricted based on your jurisdiction or geographical location. You must not use the Protocol if you are located in or a citizen or resident of any state, country, territory or other jurisdiction in which use of the Dirac Finance Platform or the Services would be illegal or otherwise violate any applicable law (a “Restricted Territory”). The fact that Dirac Finance is accessible in a Restricted Territory or that Dirac Finance allows the use of the official language of a Restricted Territory or a language commonly used in a Restricted Territory must not be construed as a license to use the Dirac Finance Platform in such a Restricted Territory. We unconditionally reserve the right to restrict access to any Restricted Territory and may implement technical controls to prevent access to the Dirac Finance Platform or any Services from any Restricted Territory. No services are offered to 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). (a) Belarus, Cuba, Democratic People’s Republic of Korea (DPRK), Democratic Republic of Congo, Iran, Lebanon, Libya, Mali, Myanmar, Nicaragua, Russia, Somalia, South Sudan, Sudan, Syria, the following regions of Ukraine: Crimea, Donetsk and Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide or economic sanctions by the United Nations, United States of America, the European Union or the United Kingdom; and (b) United States of America, the United Kingdom, Canada, and the People’s Republic of China.
3. MODIFICATIONS TO THESE TERMS
In our sole discretion, we reserve the right to modify these Terms from time to time. If modifications are made, Dirac Finance will provide the User with notice of such changes by providing a notice through our Services or updating the date at the top of these Terms.
Unless we say otherwise in our notice, all such modifications are effective immediately, and your continued use of our Services after we provide such notice will be construed as a consensual confirmation of the notified changes.
Where the User does not agree with the modified Terms, such User is to cease from using Dirac Finance's Services at once.
4. SERVICES
4.1 Blockchain Transaction Fees - Dirac Finance's Services involve the use of various blockchain networks, including but not limited to Ethereum, Polygon zkEVM, and SKALE. These networks may require the payment of transaction fees for the computational resources required to successfully conduct a transaction, with the exception of SKALE, which offers zero gas fee transactions. You acknowledge and agree that Dirac Finance has no control over:
1. Transactions on any blockchain network used by the Services;
2. The method of payment of transaction fees on these networks, where applicable;
3. The actual payment of transaction fees on these networks, where applicable.
Accordingly, you must ensure that you have a sufficient balance of the relevant cryptocurrency (Ether) stored in your blockchain address to complete transactions on the respective network. For transactions on SKALE network, no gas fees will be required. Dirac Finance is not responsible for any failure to complete a transaction due to insufficient transaction fees on networks where they are applicable or network congestion.
4.2 Conditions and Restrictions - Dirac Finance may, at any time and in its sole discretion, restrict the User's access to, or otherwise impose conditions or restrictions upon such User's use of, the Services or the Dirac Finance Platform, with or without prior notice. You acknowledge that we may or may not be in a position to provide information about the reasons for such closure or suspension.
4.3 No Broker, Legal or Fiduciary Relationship - Dirac Finance is not the User's broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to the User regarding any other decisions or activities that the User effects when using Dirac Finance or Dirac Finance’s Services. No communication or information provided by Dirac Finance to the User is intended or to be construed as advice by such User.
4.4 User's Responsibility - As a condition to accessing or using Dirac Finance’s Platform or Services, the User shall: (a) Only use Dirac Finance's Platform and or Services for lawful purposes, and in accordance with these Terms; (b) Ensure that, at all times, all information that the User provides on the Dirac Finance Platform is current, complete and accurate; and (c) Maintain the security and confidentiality of his Polygon zkEVM and SKALE public and private keys.
4.5 Unacceptable Use or Conduct - As a condition for accessing or using Dirac Finance's Platform or Services, the User shall not: (a) Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, each as may be amended from time to time; (b) Infringe on or misappropriate any contract, intellectual property or other third-party rights, or commit acts of tortious liability while using Dirac Finance's Platform or Services; (c) Use Dirac Finance's Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) Attempt to circumvent any content filtering mechanisms or security measures that Dirac Finance employs on the platform, or attempt to access any Service or area of the platform or Services that the User is not authorised to access; (e) Use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, terrorist activities, or other illegal activities; (f) Use any robot, spider, crawler, scraper, or other automated means or interface not provided by Dirac Finance to access the Services or to extract data; (g) Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Dirac Finance platform or the Services; (h) Provide false, inaccurate, or misleading information; (i) Post content or communications on the Dirac Finance’s platform 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; (j) Post content on the Dirac Finance’s Platform containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of the Service; (k) Use Dirac Finance's Platform or Services from a Restricted Territory; (l) Encourage or induce any third party to engage in any activities prohibited under this Section.
4.6 Your Assumption of Risks - The User represents and warrants that Dirac will have no responsibility or liability for any of the risks mentioned in Sections 5, 6, 7 and 8.
The User hereby irrevocably waives, releases, and discharges all claims, whether known or unknown, against Dirac Finance, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth herein.
4.7 Your Content - The User hereby grants to Dirac Finance a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any content that is available to other users via Dirac Finance’s platforms as a result of the User's use of the Dirac Finance Platform (collectively, "Your Content").
This includes, without limitation, content for promoting Dirac Finance (or its Affiliates), the Services, or the Dirac Finance Platform. The User represents and warrants the following: (a) The User owns his content or has the right to grant the rights and licenses in these Terms; and (b) The User's Content and Dirac Finance's use of the User's Content, as licensed herein, does not violate or infringe on any third party's rights.
5. DIGITAL ASSET RISKS
5.1 Digital Assets: Digital asset prices are volatile and fluctuate day to day. Trading in these digital assets may be considered a high-risk activity. Proper diligence and sound judgement should be used in evaluating the risks associated with these activities. We do not solicit nor represent that digital assets are an investment vehicle. The decision to trade digital assets rests entirely on the users' independent judgement. Any digital asset may decrease in value or lose value due to various factors, including the discovery of wrongful conduct, market manipulation, change to the nature or properties of a digital asset, or governmental or regulatory activity. Demand for digital assets may be partially or wholly driven by speculation or market sentiment.
5.2 Lack of Information available: You may not have full access to all the information relevant to the particular Digital Asset or its underlying platform or network. It may not be possible to obtain updated information regarding the progress or any changes to particular Digital Assets or their underlying Dirac Finance’s Platform or network. Many Digital Asset issuers or operators may also have no operating history or track record that can be used to evaluate the ability to achieve their stated project goals.
5.3 Network Events: Digital Assets may be subject to various Network Events, including Forks, Airdrops, attacks on the security, integrity or operation of the networks, or Network Participants making a binding decision in relation to the network underlying a Digital Asset. Such events may affect the features, functions, operation, use or other properties of any Digital Asset, Network or platform. The events may also severely impact the price or value of any Digital Assets or even result in the shutdown of the network or platform associated with the Digital Asset. Such Network Events may be beyond the control of the User or Dirac Finance, or to the extent Dirac Finance has any ability to impact the Network Event, Dirac Finance's decision or actions may not be in your interests. Where you transfer digital assets to Dirac Finance which are the subject of a Network Event, you may not be entitled to the proceeds arising from any Network Event, and Dirac Finance is entitled to keep any digital assets created because of Network Events (for example, in circumstances where there is a fork in the network). The User should not transfer assets to Dirac Finance, where you wish to receive the benefits of those Network Events.
5.4 Inflation Risk: Digital Assets may, either because of the inherent design of the digital asset or through Network Events, not be a fixed supply of assets. Where additional Digital Assets are created, the asset's price may decline due to the inflationary effects of adding additional Digital Assets to the total assets available.
5.5 Concentration Risk: At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Digital Asset. Acting individually or in concert, these holders may have significant influence over the Digital Asset and may be able to influence or cause Network Events which may have a detrimental effect on the price, value or functionality of the Digital Assets. Network Participants may make decisions which may not be in the User's best interest as a holder of Digital Assets.
5.6 Suspensions of Trading/Network Events: Under certain conditions, liquidating a position in Digital Assets may be difficult or impossible. Certain Network Events (including total failure of a network) may occur rapidly and affect the ability of holders of Digital Assets to conduct transactions. Information relating to these Network Events may be difficult to ascertain ahead of time and may be subject to limited oversight by any third party capable of intervening to stabilize the network.
6. Cybersecurity Risks
6.1 Source code changes and flaws: The various source codes underlying Digital Assets and smart contracts are subject to change and may at any time contain one or more defects, weaknesses, inconsistencies, errors or bugs. Unless otherwise represented in writing by Dirac Finance, no audit or investigation has been conducted on any source code produced by parties other than Dirac Finance.
6.2 Cryptographic advancements: Developments in cryptographic technologies and techniques, including the advancement of artificial intelligence or quantum computing, pose security risks to all cryptography-based systems, including Digital Assets. Applying these technologies and techniques to Digital Assets or the Dirac Finance Platform and Services may result in theft, loss, disappearance, destruction, devaluation or other compromises of digital assets, the Dirac Finance Platform and Services or your data.
6.3 Reliance on the Internet: Digital Assets and the Dirac Finance Platform and Services rely heavily on the Internet. However, the public nature of the Internet means that either part of the Internet or the entire Internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur when transmitting data via the Internet. The result of the above may be that your order is not executed according to your instructions or not at all at the desired time.
6.4 Unauthorised access: Unauthorised third parties may use the User wallet and effect transactions without your knowledge or authorisation, whether by obtaining control over another device or account used by the User or other methods.
6.5 Loss of Private Key(s): Losing control of your private key(s) may permanently and irreversibly deny you access to digital assets. Neither Dirac Finance nor any other person will be able to retrieve or protect digital assets for which you hold the private key(s). If the private key(s) is lost, it may become impossible to transfer digital assets to any other address or wallet, and you are solely responsible for securing your private key(s) in a manner that meets the User security circumstances.
6.6 Operational Risk: Breakdowns or malfunctioning of essential systems and controls, including IT systems or Digital Asset networks, may generally affect digital assets' value. In particular, digital assets may suffer from a concentration of operational risk during development, including key personnel, governance and financial control risk.
7. LEGAL RISKS
7.1 Country Risk: If an investment is made in any Digital Assets issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, including markets formally linked to a domestic market, recovery of the sums invested and any profits or gains may be reduced, delayed or prevented by exchange controls, debt moratorium or other actions imposed by the government or other official bodies. Before you use any Product, you should be familiar with any rules or laws relevant to the Services. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been effected. You should obtain independent advice about the different types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade. If your country of residence imposes restrictions on Digital Assets, we may be required to discontinue your access to the Dirac Finance Platform and Services. We may not be permitted to transfer Digital Assets held in the Products back to the User or permit the User to transfer Digital Assets out of the Dirac Finance Services to the User or others until the regulatory environment permits us to do so.
7.2 Taxation and required reporting to taxation authorities: You are responsible for all taxes in respect of any gains obtained in a Product, including past or retrospective taxes imposed on the Services. Before using any Product, you should understand the tax implications of acquiring, entering into, holding and disposing of a Digital Asset and a Product. Tax implications of any Service depend on the nature of your business activities and the Product in question. The User should consult their independent tax advisor to understand the relevant tax considerations.
7.3 Regulatory Uncertainty: The Services are potentially exposed to regulatory/legal risk. The legal and regulatory treatment of Digital Assets may change. Regulation of Digital Assets is unsettled and rapidly changing. Legal and regulatory treatment varies according to the jurisdiction. The effect of regulatory legal risk is that any Digital Asset may decrease in value or lose all of its value due to legal or regulatory change. This may affect the value or potential profit of a Product. Legal changes may make a previously acceptable investment illegal or subject to substantial restrictions that may affect the ability to liquidate a position. Changes to related issues such as taxation may occur and radically affect the value or profitability of a Digital Asset. Such risk is unpredictable and depends on geopolitical, economic, sovereign and other factors. Risks may be asymmetrical between established and emerging markets and affect some Digital Assets significantly more than others. Dirac Finance recommends that the User obtains independent legal, tax and financial advice and continues to monitor the legal and regulatory position in respect of its use of the Services.
7.4 Legal status of digital assets, Services and platform: The laws of various jurisdictions may apply to Digital Assets or Services offered through the Dirac Finance Platform. Applying these laws and regulations to Digital Assets is largely untested, and laws and regulations are subject to change without prior notice to either Dirac Finance or the User. In particular, any current governmental or regulatory tolerance of Digital Assets may change rapidly, and Digital Assets may at any time be deemed to be a security, investment, asset or money by governmental authorities or regulators, which will affectDirac Finance's ability to offer the Services. As a result of regulation and legislation around Digital Assets, the Dirac Finance Platform may not be available in certain jurisdictions or at all. Changes to access to the Dirac Finance Platform or the Services may be made unilaterally on short or no notice to the User. Dirac Finance may receive formal or informal queries, notices, requests or warnings by governmental authorities and regulators. Governmental authorities and regulators may take action against Dirac Finance. As a result of such events, Dirac Finance may be required to discontinue the platform or Services. The User may also be subject to governmental or regulatory action by holding Digital Assets or using the Dirac Finance Platform and Services. The User should take independent legal advice to evaluate the consequences of using the Services before accepting this Terms of Use or using the Services.
8. GENERAL RISKS
8.1 Suitability: You should decide to use any Service provided by Dirac Finance only after due and careful consideration. You should determine whether a Product is appropriate in light of your experience in similar transactions, your objectives in engaging with Dirac Finance, financial resources, and other relevant circumstances. If you are unsure that the Product is suitable, you should obtain independent legal, tax or financial advice.
8.2 Fees: Before using the Services, the User should obtain details of all commissions, fees and other charges for which the User will be liable.
8.3 Not a Research Report: Any content provided by Dirac Finance does not purport to be, and is not intended to be, a "research report" or "investment research".
8.4 Commercial Arrangements: Dirac Finance may have a relationship with other entities which may not be disclosed to you.
9. PRIVACY
Please refer to Dirac Finance's privacy policy for information about how Dirac Finance collects, stores, and processes information about the User.
10. PROPRIETARY RIGHTS
10.1 Intellectual Property Rights Ownership: Dirac Finance owns all intellectual property and other rights in the platform, together with their contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorised by Dirac Finance, the User may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use Dirac's Dirac with its contents. Accessing or using Dirac Finance's platform or Services does not constitute a grant to you of any proprietary intellectual property or other rights in the Interface or its contents.
10.2 Trademarks: Any of Dirac Finance's names, logos, and other marks used in the Dirac Finance Platform or as a part of the Services, including Dirac Finance's name and logo, are trademarks owned by ADD MGH, its Affiliates or its applicable licensors. You may not copy, imitate or use such Trademarks without ADD MGH’s prior written consent.
11. CHANGES, SUSPENSION AND TERMINATION
11.1 Changes to Services: Dirac Finance may, in its sole discretion, from time to time and with or without prior notice to the User, modify, suspend or disable, temporarily or permanently, the Platform or the Services, in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.
11.2 No Liability: Dirac Finance will not be liable for any losses suffered by the User resulting from any modification to the Platform or any Services or from any suspension or termination, for any reason, of your access to all or any portion of Dirac Finance's Platform or Services.
11.3 Survival: These Terms will survive any termination of your access to Dirac Finance's Platform or Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive.
12. ELECTRONIC NOTICES
The User consents to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our "Communications") that Dirac Finance provides in connection with these Terms or any Services. The User agrees that Dirac Finance may provide Communications to him by posting them on the platform or by emailing them to the User at the email address provided in connection with the User's use of the Services if any. The User should maintain copies of Dirac Finance's Communications by printing a paper copy or saving an electronic copy. The User may also contact Dirac Finance’s support team to request additional electronic copies of Communications by filing a support request at info@dirac.finance.
13. INDEMNIFICATION
The User will defend, indemnify, and hold harmless Dirac Finance, its Affiliates, and its Affiliates' respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to: (a) The User's use of, or conduct in connection with, the Platform or the Services; (b) Ethereum Blockchain assets associated with the User's Polygon zkEVM and SKALE Addresses; (c) Any feedback or user content the User providesto the Dirac Finance Platform if any; (d) The User's violation of these Terms; or (e) The User's infringement or misappropriation of the rights of any other person or entity.
If the User is obliged to indemnify any Indemnified Party, Dirac Finance (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Dirac Finance wishes to settle, and if so, on what terms.
14. DISCLOSURES AND DISCLAIMERS
The Platform and the Services are provided on an "as is" and "as available" basis. The Indemnified Parties make no guarantees in connection with the Platform or the Services. To the maximum extent permitted under applicable law, the Indemnified Parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement and disclaim all responsibility and liability for: (1) The Platform or the Services is accurate, complete, current, reliable, uninterrupted, timely, secure, or error-free. Information (including, without limitation, the value or outcome of any transaction) available through the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Services is at your own risk; (2) You expressly acknowledge, understand, and agree that the Services may contain audio-visual effects, strobe lights or other materials that may affect your physical senses or physical condition. (3) The User expressly acknowledges that the Indemnified Parties are not liable for loss or damage caused by another User's conduct, unauthorised actors, or any unauthorised access to or use of the Platform or Services; and (4) Viruses, worms, trojan horses, time bombs, cancelbots, spiders, malware or other types of malicious code that may be used to affect the functionality or operation of the Platform or Services.
15. LIMITATION OF LIABILITY
The Indemnified Parties shall, in no event, be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Platform and the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or nonperformance of the Services, the User's Ether, Product outcome, Service or other item provided by or on behalf of Dirac Finance, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not Dirac Finance has been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder. This limitation of liability shall apply to the fullest extent permitted by law.
16. RELEASE OF CLAIMS
You expressly agree that you assume all risks concerning your access to and use of Dirac Finance's Platform or Services. Additionally, you expressly waive and release us from any liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of Dirac Finance's Platform or Services.
17. THIRD-PARTY RESOURCES AND PROMOTIONS
Dirac Finance's Platform or Services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services that we do not own or control. In addition, third parties may offer promotions related to your access and use of Dirac Finance's Platform or Services. We do not endorse or assume responsibility for such resources or promotions. If you access any such resources or participate in such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any liability arising from your use of any such resources or participation in any such promotions.
18. LANGUAGE - APPLICABLE LAW - JURISDICTION
These TOU are written in English. If they are translated into one or more foreign languages, only the English text will be deemed authentic in case of a dispute.
The Site is governed by the laws of France. Applicable Law Clause. These TOU and the relationship between ADD MGH and the User are also governed by the laws of France. In case of dispute as to the interpretation or execution of the TOU, the Parties will make every effort to find an amicable solution.
Any User who is a consumer - within the meaning of applicable law - may, free of charge, refer to the services of a consumer mediator with a view to the amicable resolution of a dispute with ADD MGH. The body appointed by ADD MGH for this purpose is the Mediator of the French Financial Markets Authority (Médiateur de l’Autorité des marchés financiers).
In order to contact this body, the User may: - go to the French Financial Markets Authority’s website: https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-de-mediation/vous-v oulez-deposer-une-demande-de-mediation and fill in the online form, enclosing supporting documents;
or - send their complaint by post to the following address: Médiateur de l'Autorité des Marchés Financiers 17, place de la Bourse - 75082 Paris Cedex 02 Tel: 01.53.45.60.00
A dispute may only be examined by the consumer mediator if:
- the User justifies having tried, beforehand, to resolve his dispute directly with ADD MGH by a written complaint expressly identified as such detailing the reasons for his complaint as well as all the information useful to ADD MGH to understand, study and appreciate the causes, consequences and incidences of this complaint, and sent by e-mail to: info@dirac.finance
- the claim is not manifestly unfounded or abusive;
- the dispute has not been previously examined or is not being examined by another mediator or by a court;
- the User submits his request to the mediator within a maximum of one year from the date of his written complaint to ADD MGH;
- the dispute falls within the competence of the mediator.
The User will be informed by the mediator of the action taken on his or her request for mediation.
Furthermore, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, 16 facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Competent Jurisdiction Clause. In the absence of an amicable resolution, the courts of France (the “Sole Competent Jurisdiction”) have sole competence to hear disputes arising from the validity, breach, termination, enforcement, interpretation and/or application of these TOU or resulting directly or indirectly from the use of the site. Any arbitration proceeding and/or class/representative/collective actions are not permitted before any other jurisdiction than the above mentioned Sole Competent Jurisdiction.
European consumer Users. These provisions relating to the applicable law and the competent jurisdictions are applicable subject to the imperative provisions that would have to be applied. As a consequence, European consumer Users can always benefit from the protection afforded by more protective mandatory provisions of the law of their country of residence. In addition, European consumer Users can always elect to bring their claim before the courts of ADD MGH’s country or the courts of the country where they are domiciliated.
19. CONTACT US
Should you have any question about this Agreement, or wish to contact us for any reason whatsoever, please do so by sending us an email at info@dirac.finance