Before using Mauve, you must read this Agreement carefully as it governs your use of the Interface. By accessing or using Mauve, you are confirming that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface.
This Agreement contains important information that impacts your rights if there is a dispute, including a binding arbitration provision, a class action waiver, and limitations on Mauve's liability. Mauve is only available to you — and you should only access Mauve — if you agree completely with these terms.
Mauve provides access to smart contracts available on Ethereum Mainnet that allow users to trade certain digital assets. The Interface is one, but may not be the exclusive, means of accessing these smart contracts.
Mauve is only accessible by using non-custodial wallet software, which allows you to interact with public blockchains, and by presenting an Ethereum Access Token issued electronically by DeFi Labs GmbH aka "Violet."
Your relationship with your non-custodial wallet provider and with Violet is governed by the applicable terms of service of those third parties, not this Agreement. Neither non-custodial wallets nor Violet are not operated by or maintained by Mauve, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents.
By connecting your wallet and presenting an Ethereum Access Token to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.
Modification of this Agreement
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://mauve.org/terms-of-use.
All modifications will be effective when they are posted, and your continued access to or use of Mauve confirms your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.
Description of Services
The Interface provides a web-based means of accessing Mauve's deployed smart contracts. The Interface is distinct from the deployed smart contracts and is one, but may not be the exclusive, means of accessing them. You may not use the Interface, and will be unable to use Mauve's deployed smart contracts, unless you have registered with Violet and present the required Ethereum Access Token before attempting to conduct transactions. When using the Interface, you understand that (i) you are not buying or selling digital assets directly with us, and (ii) we do not control trade execution.
To access or use Mauve, you must be able to form a legally binding contract with us. You represent that (1) you are at least 18 years of age or older (for US-based users, when available) or older than the age of majority in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to accept these Terms and to abide by these Terms, and that you will do so.
Certain permissioned tokens may be listed on Mauve that require a user to be a professional or accredited investor, as determined by Violet, in order to swap the token or participate as a liquidity provider. You represent that, if you attempt to exchange or provide liquidity for such permissioned tokens, you meet the required qualifications.
You further represent that you are not (i) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the United Kingdom's HM Treasury's Office for Financial Sanctions Implementation, and the European Union), or (ii) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, United Kingdom, United States, and European Union.
You also represent that your access and use of Mauve will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity including money laundering or terrorism financing.
Mauve geographically restricts access as required by law or where, due to regulatory uncertainty, we have deemed it necessary to prohibit access. You represent that you will not attempt to circumvent Mauve's controls restricting access from certain jurisdictions. At this time, users located in the United States are not permitted to use Mauve.
You agree that you will not take any action or cause any action to be taken that is designed or intended to disrupt operation of Mauve's front-end, the protocol, or its embedded compliance systems, including submitting falsified or knowingly incorrect information to Violet as part of the registration process. Users are specifically prohibited from (i) uploading files that contain viruses, Trojan horses, malware, viruses, worms, time bombs, corrupted files, or any other similar software that may harm or damage the operation of another's computer or the Service; or (ii) interfering with or disrupting the integrity or performance of Mauve.
Mauve will report and seek prosecution of users that intentionally exploit, disrupt, or otherwise harm Mauve's system and operations to the fullest extent of the law.
Intellectual Property Rights
We own all intellectual property and other rights in the Interface and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel."
Not a Broker
You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your trades, which occur entirely on the public distributed blockchain, Ethereum Mainnet. We do not and cannot guarantee market best pricing or best execution through the Interface. Any references in the Interface to "best price" do not constitute a representation or warranty about pricing available through the Interface or elsewhere.
Non-Solicitation; No Investment Advice
You agree and understand that: (i) all trades you submit through the Interface are considered unsolicited, which means that they are solely initiated by you; (ii) you have not received any investment advice from us in connection with any trades; and (iii) we do not conduct a suitability review of any trades you submit.
We may provide information about tokens in the Interface sourced from third-party data partners. The provision of informational materials does not make trades in those tokens solicited; we are not attempting to induce you to make any purchase as a result of information provided. All such information provided by the Interface is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment.
You should not take, or refrain from taking, any action based on any information contained in the Interface. By providing token information for your convenience, we do not make any investment recommendations to you or opine on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
Non-Custodial and No Fiduciary Duties
The Interface is a non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you alone are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold - you should never share your wallet credentials or seed phrase with anyone.
We accept no responsibility for, or liability to you, in connection with your use of a non-custodial wallet and make no representations or warranties regarding how the Interface will operate with any specific wallet. You are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
Compliance and Tax Obligations
Mauve may not be available or appropriate for use in your jurisdiction. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
Your use of the Interface, as well as Mauve's deployed smart contracts, may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and to report and remit the correct tax to the appropriate tax authority as required.
Assumption of Risk
By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as ether (ETH), staked ether, so-called stablecoins, other digital tokens such as those following the Ethereum Token Standard (ERC-20), and tokens (permissioned or otherwise) associated with real-world assets.
In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and agree that there are inherent risks related to the tokens you may encounter on the Interface, including risks related to the relevant projects and that stablecoins may not in fact be stable or maintain their value.
Further, you understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time without notice.
If you act as a liquidity provider in Mauve's deployed smart contracts via the Interface or otherwise, you understand that your digital assets may lose some or all of their value while they are supplied to the relevant pool(s) due to the fluctuation of prices of tokens in a trading pair or liquidity pool(s).
To sum up: you acknowledge that Mauve is not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing or using the Interface or Mauve's deployed smart contracts. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and the deployed smart contracts.
Third-Party Resources and Promotions
The Interface 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 unaffiliated with Mauve may offer promotions related to your access and use of the Interface or deployed smart contracts. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly agree that Mauve has no liability arising from your use of any such resources or participation in any such promotions.
Release of Claims
You expressly agree that you assume all risks in connection with your access and use of the Interface. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface.
You agree to hold harmless, release, defend, and indemnify Mauve and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (i) your access and use of the Interface; (ii) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (iii) any other party's access and use of the Interface with your assistance or using any device or account that you own or control.
The Interface is provided on an "AS IS" and "AS AVAILABLE" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
Similarly, Mauve's deployed smart contracts are provided "AS IS" at your own risk, and without warranties of any kind. No developer or entity involved in creating, upgrading, or modifying the smart contracts will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the smart contracts, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the smart contracts.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MAUVE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE INTERFACE OR DEPLOYED SMART CONTRACTS, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT OR THE PROTOCOL. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (III) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (VI) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE INTERFACE; AND (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to email@example.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
By voluntarily accepting these Terms, you and Mauve agree to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the Terms, your relationship with us, or Mauve's Services, including but not limited to your use of the Services and information you provide via the Services, through final and binding mediation and arbitration.
Any unresolved dispute or controversy arising from or relating to these Terms shall be mediated by both parties prior to any party pursuing any other legal or equitable remedy in any other forum whatsoever (the "Mediation"). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the "New Era Platform") in accordance with its rules and procedures by a professional neutral(s) with substantial experience in mediating and resolving commercial disputes (the "Neutral"). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.
If and only if any such unresolved dispute or controversy arising from or relating to these Terms is not finally settled through Mediation, such unresolved dispute or controversy shall be finally resolved by binding arbitration through the New Era Platform in accordance with its rules and procedures for Virtual Expedited Arbitrations. The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.
The parties will bear costs as provided for under this Agreement in accordance with the rules and procedures of the New Era Platform for Virtual Expedited Arbitrations. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees and all other expenses) incurred in connection with the Arbitration, at the Neutral's discretion.
Class Action and Jury Trial Waiver
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and Mauve both agree to waive the right to demand a trial by jury.
You agree that Mauve is based in the Cayman Islands, and that although the Interface is available generally on the internet, its general availability does not give rise to general or specific personal jurisdiction in any forum outside the Cayman Islands.
You agree that the laws of the State of New York, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us.
These terms constitute the entire agreement between you and Mauve. This Agreement supersedes any and all prior written and oral agreements, communications and other understandings.