[3F Tropical S.A. -- Terms of Use]
Last Modified: April 13, 2026
3F IS A BLOCKCHAIN-ORIENTED PROTOCOL ENABLING CERTAIN ONCHAINFUNCTIONALITIES, SPECIFICALLY ACCESS TO LEVERAGED POSITIONS IN TOKENIZEDASSETS. USING THESE FUNCTIONALITIES (INCLUDING VIA THE INTERFACE OR THEWEBSITE) POSES SIGNIFICANT RISKS TO YOU AND YOUR DIGITAL ASSETS. THISDOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS ANDYOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, ANDEXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ ITCAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TORESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THE WEBSITE, THE INTERFACE, OR ANY OF OUR SERVICES, YOUACCEPT AND ARE BOUND BY THESE TERMS OF USE.
YOU MAY NOT USE OUR WEBSITE, INTERFACE, OR SERVICES IF YOU: (A) DO NOTAGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF: (i) AT LEAST EIGHTEEN(18) YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C)ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR SERVICES OR ANYASSOCIATED FUNCTIONALITIES BY APPLICABLE LAW.
YOU REPRESENT TO US THAT YOU ARE: (1) NOT SUBJECT TO SANCTIONS OROTHERWISE DESIGNATED ON ANY LIST OF PROHIBITED OR RESTRICTED PARTIES,INCLUDING BUT NOT LIMITED TO THE LISTS MAINTAINED BY THE UNITED NATIONSSECURITY COUNCIL, THE U.S. GOVERNMENT (I.E., THE SPECIALLY DESIGNATEDNATIONALS LIST AND FOREIGN SANCTIONS EVADERS LIST OF THE U.S. DEPARTMENTOF TREASURY AND THE ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE), THEEUROPEAN UNION OR ITS MEMBER STATES, THE UNITED KINGDOM, OR OTHERAPPLICABLE GOVERNMENT AUTHORITY; AND (2) NOT LOCATED IN ANY COUNTRYSUBJECT TO A COMPREHENSIVE SANCTIONS PROGRAM IMPLEMENTED BY THE UNITEDSTATES.
These Terms of Use are entered into by and between you ("you" or the"User") and 3F Tropical S.A. and its affiliates (collectively,"3F," "we," "our," or "us"). The following Terms of Use,together with any documents they expressly incorporate by reference(collectively, this "Agreement" or these "Terms of Use"),govern Users' access to and use of our Services (as defined below),which include any wallet software application that we may have a role inproviding, whether through our website,[https://www.3f.xyz/] (the"Website"), the website of a third party, or through our walletsoftware application (the "Interface").
The User must read the Terms of Use carefully before using the Websiteor Interface. By using the Website or Interface, the User accepts andagrees to be bound and abide by these Terms of Use and our PrivacyPolicy, incorporated herein by reference. If the User does not want toagree to these Terms of Use, the Privacy Policy, or any documents thatare incorporated herein by reference, the User must not access theWebsite or use the Interface.
The Website and Interface are offered and available to users who areeighteen (18) years of age or older. By using the Website or Interface,the User represents and warrants that the User is at least the higher oflegal age to form a binding contract with 3F in the User's applicablejurisdiction or eighteen (18) years of age, and meets all of theeligibility requirements set forth herein. Further, by using the Websiteor Interface, the User represents and warrants that the User is not acitizen or resident of, nor is located in, any country against which theUnited States has sanctioned or embargoed or where the use of theWebsite or Interface is otherwise illegal or impermissible, whether byrule, statute, regulation, bylaw, court adjudication or order, protocol,administrative statement, code, decree, or other directive, requirementor guideline, whether applicable on 3F, the Website or Interface, or onthe User (or multiple of the foregoing) by an authority with valid andenforceable jurisdiction ("Applicable Laws"). If the User does notmeet all of these requirements, the User must not access or use theWebsite or Interface.
3F'S PRE-RELEASE SOFTWARE IS CURRENTLY BEING MADE AVAILABLE TO USERS INITS BETA FOR THE PURPOSE OF PROVIDING 3F WITH FEEDBACK ON THE QUALITYAND THE USABILITY OF THE SERVICES IN ITS PRE-RELEASE FORM. THEPRE-RELEASE SOFTWARE DOES NOT SUPPORT, ENABLE, OR INVOLVE ANY REAL-WORLDASSETS OR CURRENCIES WHETHER FIAT OR DIGITAL. FROM TIME TO TIME, 3F, ATITS OPTION, MAY ALSO PROVIDE YOU WITH SOFTWARE OR SERVICES ALONG WITHTHE PRE-RELEASE SOFTWARE, INCLUDING BUT NOT LIMITED TO SCRIPTS, CODESNIPPETS, UTILITIES, CONFIGURATION PROFILES, SAMPLE CODE,TROUBLESHOOTING APPLICATIONS AND BUG SUBMISSION TOOLS ("SEEDINGTOOLS") AS PART OF YOUR PARTICIPATION IN THE BETA PROGRAM. BY USINGTHE PRE-RELEASE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS OF USEAND ALL OTHER AGREEMENTS INCORPORATED BY REFERENCE HEREIN.
YOU ACKNOWLEDGE THAT BY INSTALLING SUCH PRE-RELEASE SOFTWARE ON YOURCOMPUTERS AND/OR DEVICES, THESE COMPUTERS AND DEVICES MAY NOT BE CAPABLEOF BEING RESTORED TO THEIR ORIGINAL CONDITION AND THAT APPLICATIONS ANDSERVICES MAY BE AFFECTED BY YOUR USE OF THE PRE-RELEASE SOFTWARE.FURTHER, YOU UNDERSTAND THAT DATA (INCLUDING DOCUMENTS) FROM SUCHAPPLICATIONS OR SERVICES THAT YOU CREATE OR CHANGE WHILE USING THEPRE-RELEASE SOFTWARE MAY BE INCAPABLE OF BEING RESTORED OR RECOVERED.3F SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHERLIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION ORUSE OF THE PRE-RELEASE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGETO ANY EQUIPMENT, SOFTWARE OR DATA OR ANY LOSS OF DATA OR INFORMATIONARISING FROM YOUR USE OF SUCH PRE-RELEASE SOFTWARE.
IN ADDITION, THE PRE-RELEASE SOFTWARE MAY CONTAIN ERRORS ORINACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATAAND/OR INFORMATION FROM YOUR COMPUTER AND/OR DEVICE OR FROM YOURPERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND PRINTERS)CONNECTED THERETO.
We provide software that makes available to users a non-custodial,smart-contract governed vault that enables users to: (i) store andtransact with tokens, cryptocurrencies and other blockchain-based("onchain") digital assets (collectively, "Digital Assets");(ii) view addresses and information that are part of onchain networksand broadcast transactions; (iii) link to and interact with certainthird-party, onchain decentralized applications, including withoutlimitation, decentralized exchanges and other onchain applications(collectively, "dApp(s)"); and (iv) certain additionalfunctionalities as may be added to the Interface from time to time(collectively, the "Services").
The Services allow you to deposit Digital Assets and receive syntheticdigital assets designed to reference the leveraged positions andrespective strategies. By using the Services, you authorize the Protocolto deploy your Digital Assets across various strategies, which mayinclude arbitrage, lending, providing liquidity, or other activities.These strategies may involve the redeployment of capital or othermechanisms intended to improve capital efficiency. You acknowledge thatthe synthetic digital asset does not guarantee returns and participationin these activities involves risk, including the potential loss of yourDigital Assets.
3F or one of its affiliates may charge fees for some or part of theServices available to you. We reserve the right to change those fees atits discretion. The amount of fees that will be charged to you for theapplicable Services will be displayed through the Interface at the timethat you access the Services (which may or may not include charges fromthird parties, including without limitation, Blockchain Fees, as definedbelow). You may incur charges from third parties for use of linkedservices. For example, you may be charged fees via the dApps and/orother onchain protocols that you may access via the Services. Under nocircumstances shall 3F incur any liability of any kind to you arisingfrom or relating to fees charged to you by any blockchain networks,dApps, or other third parties for any Third-Party Service (as definedbelow) linked to or accessed through the Services.
Your full use and enjoyment of the Services may require you to pay "gas"or transaction fees required by the underlying blockchain or distributedledger service or that are used to encourage intended use among theunderlying blockchain's participants ("Blockchain Fees"). TheseBlockchain Fees are not levied directly by 3F, but rather are determinedby your use of the Services and the rules placed by correspondingblockchain communities at large. 3F may provide quotes for estimatedBlockchain Fees, which may be greater than or less than the actualBlockchain Fees required to execute the desired transaction.Alternatively, you may be prompted to bypass 3F's quoted Blockchain Feesand pay the Blockchain Fees directly through the Interface. Atransaction which is presented to you as "gasless" may still require youto pay a Blockchain Fee to process the transaction on the particularblockchain network if you do not have the blockchain network's nativetokens used for Blockchain Fees. You acknowledge that 3F has no controlover Blockchain Fees, (including without limitation their applicability,payment, amounts, transmission, intended operation, and effectiveness)whether related to your use of the Services or otherwise, and agree thatin no event will 3F be responsible to you or any other party for thepayment, repayment, refund, disbursement, indemnity, or for any otheraspect of your use or transmission of Blockchain Fees. For furtherinformation regarding blockchain technology, Digital Assets, and theassociated risks, see the Section below entitled [Nature ofBlockchain; Assumption of Risk; Waiver of Claims].
The User may access or use the Website, the Interface, and the Servicesonly for lawful purposes and in accordance with these Terms of Use. TheUser represents and warrants that the User agrees not to use or accessthe Website, the Interface, or the Services, including through the useof the User's Wallet or 3F Account:
Additionally, the User agrees not to:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fullywith any law enforcement authorities or court order requesting ordirecting us to disclose the identity or other information of anyoneposting any materials on or through the Website, the Interface, or theServices. YOU WAIVE AND HOLD HARMLESS 3F AND ITS AFFILIATES, LICENSEES,AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY3F OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review interactions or activities before they areexecuted through the Interface, and, given the nature of blockchain andfunctionalities like those offered via the Services, cannot ensureprompt removal or rectification of objectionable interactions oractivities after they have been executed. Accordingly, the User agreesthat we assume no liability for any action or inaction regardingtransmissions, communications, transactions, blockchain operations, orcontent provided by any User or third party, including any that maycause a malfunction or inaccuracy on the Website or among the Services.We have no liability or responsibility to anyone for any other party'sperformance or nonperformance of the activities described in thisSection, nor for any harms or damages created by others' interactionswith any blockchain underlying the Services or reliance on theinformation or content presented on the Website.
We may revise and update these Terms of Use from time to time in oursole discretion. All changes are effective immediately when we post themand apply to all access to and use of the Website thereafter. However,any changes to the dispute resolution provisions set out in the Sectionbelow entitled [Governing Law & Jurisdiction] will notapply to any disputes for which the parties have actual notice beforethe date the change is posted on the Website or the Interface.
The User's continued use of the Website, the Interface, or the Servicesfollowing the posting of revised Terms of Use means that the Useraccepts and agrees to the changes. The User is expected to check thispage each time it accesses this Website, the Interface, or the Servicesso it is aware of any changes, as they are binding on the User.
We reserve the right to withdraw or amend the Website or the Interface,and any other Services or material we provide on the Website or theInterface, in our sole discretion without notice. We will not be liableif for any reason all or any part of the Website, the Interface, thepublic blockchains underlying the Services, or any of the Services areunavailable at any time or for any period. From time to time, we mayrestrict access to some parts of or all of the Website or the Interfaceto Users.
The User is responsible for both:
To access certain Services or some of the resources offered on theWebsite or the Interface, the User may be asked to provide certainregistration details or other information. Other Services or resourcesoffered on the Website or Interface may require the User to utilizecertain Web3 capabilities, such a Digital Asset wallet capable ofinteracting with the User's web browser or relevant blockchain nodes("Web3 Utilities"). It is a condition of the User's use of theWebsite, the Interface, and the Services that the User only operate suchWeb3 Utilities with a private key(s) that the User created or has thedirect, explicit permission of the party who created the relevantprivate key(s). The User agrees that all information it provides tointeract with the Website, Interface, Services, or otherwise, including,but not limited to, through the use of any interactive features on theWebsite (such as registration information) is correct, current, andcomplete, and is governed by our Privacy Policy. The User consents toall actions we take with respect to the User's information as isconsistent with our Privacy Policy.
If the User utilizes a Web3 Utility that relies on a separate username,password, private key, or any other piece of information as part of itssecurity procedures, the User must treat such information asconfidential, and the User must not disclose that information to anyother person or entity. The User also acknowledges that any identitylinked to its Web3 Utility is personal to the User and agrees not toprovide any other person with access to such identity. The User alsoagrees to ensure that it will lock or otherwise prevent its Web3 Utilityfrom unauthorized use on the Website, the Interface, or the Services atthe end of each session. The User should use particular caution whenaccessing the Website, the Interface, or the Services from a public orshared computer so that others are not able to view or record the User'susername, password, private key, or other personal information. Forfurther information regarding Magic Keys, Safe Words, and Walletsecurity, see the Section below entitled [Nature of Blockchain;Assumption of Risk; Waiver of Claims].
We have the right to disable the User's access, including thoseassociated with a Web3 Utility (such as that represented by a publicaddress), to the Website, the Interface, or the Services, or to blockany IP address from accessing the Website, the Interface, or theServices at any time in our sole discretion for any or no reason,including if, in our opinion, the User or that identity has violated anyprovision of these Terms of Use.
Except any open-source software, or other material incorporated in theWebsite, the Interface, or the Services, the Website and the Interfaceand their entire contents, features, and functionality (including butnot limited to all information, software, text, displays, images, video,and audio, and the design, selection, and arrangement thereof) are ownedby 3F, its licensors, or other providers of such material and areprotected by United States and international copyright, trademark,patent, trade secret, and other intellectual property or proprietaryrights laws. The User must not reproduce, distribute, modify, createderivative works of, publicly display, publicly perform, republish,download, store, or transmit any of the material on the Website or theInterface, except as follows:
The User must not:
If the User wishes to make any use of material on the Website or theInterface other than that set out in this Section, it should address itsrequest to: hello@3f.foundation.
If the User prints, copies, modifies, downloads, or otherwise uses orprovides any other person with access to any part of the Website or theInterface in breach of these Terms of Use, the User's right to accessthe Website and the Interface will stop immediately and the User must,at our option, return or destroy any copies of the materials the Userhas made. No right, title, or interest in or to the Website, theInterface, or any content on either is transferred to the User, and allrights not expressly granted are reserved by 3F.
Notwithstanding anything to the contrary in these Terms of Use, the Usermay freely use any open-sourced materials up to the limits provided, butin accordance with any requirements placed, by those materials' orproperties' applicable licenses.
Any use of the Website not expressly permitted by these Terms of Use isa breach of these Terms of Use and may violate copyright, trademark, andother laws.
The 3F name and all related names, logos, product and service names,designs, and slogans are trademarks of 3F or its affiliates orlicensors. You must not use such marks without the prior writtenpermission of 3F; provided, however, User is hereby granted a limited,revocable, non-transferable permission and license to use the term "3F"and any related names (excluding the 3F name), logos (excluding theCompany logo), product and service names, designs, and slogans in anyway that they desire so long as such usage is not done in a way that:(1) is deceitful, fraudulent, or manipulative; (2) implies anyrelationship between User and 3F beyond that reasonably typical of theadministrator of a website and its users; or (3) to cause confusion inany way to gain Digital Assets of, or personal information about,another party other than that intended by the Services, the Wallet, theInterface or any related or interacting functionality (for example, youmay not use the foregoing marks to execute phishing attacks,spearphishing attacks, social engineering, or in any way that may causea party to transmit Digital Assets to an unintended recipient or toreveal private information, like a private key or password). All othernames, logos, product and service names, designs, and slogans on theWebsite and the Interface are the trademarks of their respective owners,if applicable.
The information presented on or through the Website and the Interface ismade available solely for general information and education purposes. Wedo not warrant the accuracy, completeness, or usefulness of thisinformation. Any information posted to the Website, the Interface, orthrough the Services should not be construed as an intention to form acontract, and in no case should any information be construed as 3F'soffer to buy, sell, or exchange Digital Assets. Any reliance theUser places on such information is strictly at the User's own risk,and as is common in the blockchain space, the User is assuming a highamount of risk related to others or technical harms when operating viathe Website, the Interface, and the Services. We disclaim allliability and responsibility arising from any reliance placed on suchmaterials by the User or any other User, by anyone who may be informedof any of the Website's or the Services' contents, or by the actions oromissions of others interacting with the Wallet or any underlyingblockchain.
The Website, the Interface, and the Services may include contentprovided by third parties, including without limitation materialsprovided by other Users, bloggers, and third-party licensors,syndicators, blockchain users, decentralized applications, aggregators,and/or reporting services. All statements, alleged facts, and/oropinions expressed in these materials, and all articles and responses toquestions and other content, other than the content provided by 3F, aresolely the opinions and the responsibility of the person or entityproviding those materials. These materials do not necessarily reflectthe opinion of 3F or even the factual status of reality. We are notresponsible, or liable to the User or any third party, for the contentor accuracy of any materials provided by any third parties, and Useragrees that it bears sole and absolute responsibility to evaluate andselect any third-party functionality with which it interacts via theServices.
We may update the content on, design of, or functionalities availablethrough the Website or the Interface, or through the Services from timeto time, but the Website, the Interface, and the Services are notnecessarily complete or up-to-date. Any of the material on the Websiteor the Interface, or provided through the Services may be out of date atany given time, and we are under no obligation to update such material.
We may make changes to the Services from time to time. In the event thatwe make changes to the Services, you may have the option to either: (i)opt in to the upgraded version of the Services; or (ii) opt out of theupgraded version of the Services and eject any Digital Assets in your 3FAccount and into your Funds Recovery Address. Old versions of theServices following any upgrades will be deprecated and will not bemaintained.
All information we collect on the Website or through the Interface orthe Services is subject to our Privacy Policy. By using the Website, theInterface, and the Services, the User consents to all actions taken byus with respect to the User's information in compliance with the PrivacyPolicy.
3F is a developer of software and does not unilaterally offer, operate,or administer any blockchain networks, Digital Assets, or dApps. TheServices merely attempt to assist Users in more easily participating inblockchain networks generally. Nonetheless, 3F has no oversight on orcontrol over any particular Digital Asset, dApps, or blockchain network.
The User is responsible for its use of the Services, the functionalitiesthey enable, transactions engaged through the Website or the Interface,and the use of the information derived thereof. The User is solelyresponsible for complying with all Applicable Laws related to itstransactions and activities that directly or indirectly incorporate ourprovision of the Services. The User acknowledges its understanding that3F is not registered or licensed with, nor have our Website, Interface,or Services (or the software contained therein) been reviewed by, anyfinancial or banking regulator.
3F may link to or offer "Third-Party Services" on the Website orotherwise through the Services, including without limitation, dApps,Passkeys, or "Sign In with Apple" and "Google Sign-In" Access Credentialservices. Any purchase, enabling, or engagement of Third-Party Services,including but not limited to implementation, customization, consultingservices, and any exchange of data between the User and any Third-PartyService, is solely between you and the applicable Third-Party Serviceprovider and is subject to the terms and conditions of such Third-PartyService provider. 3F does not warrant, endorse or support Third-PartyServices and is not responsible or liable for such Services or anylosses or issues that result from the User's use of such services. Ifthe User purchases, enables or engages any Third-Party Service for usein connection with the Services, the User acknowledges that 3F may allowproviders of those Third-Party Services to access your data used inconnection with the Services as required for the interoperation of suchThird-Party Services with the Services. The User represents and warrantsthat use of any Third-Party Service signifies independent consent to theaccess and use of your data by the Third-Party Service provider, andthat such consent, use, and access is outside of 3F's control. 3F willnot be responsible or liable for any disclosure, modification ordeletion of data resulting from any such access by Third-Party Serviceproviders.
The User understands that we cannot and do not guarantee or warrant thatfiles available for download from the Website, the Interface, or throughthe Services will be free of viruses or other destructive code. The Useris responsible for implementing sufficient procedures and checkpoints tosatisfy the User's particular requirements for: (1) an appropriate Web3Utility; (2) anti-virus protection and accuracy of data input andoutput; (3) its participation in and use of the Wallet and any of theServices' underlying blockchain and related technologies; and (4)maintaining a means external to our site to reconstruct any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANYLOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFULMATERIAL THAT MAY INFECT THE USER'S COMPUTER EQUIPMENT, COMPUTERPROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER'S USE OFTHE WEBSITE, THE INTERFACE, OR ANY SERVICES OR ITEMS OBTAINED THROUGHTHE WEBSITE OR THE INTERFACE, OR DUE TO THE USER'S DOWNLOADING OF ANYMATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE USER'S USE OF THE WEBSITE AND THE INTERFACE, THEIR CONTENT, AND ANYOF THE SERVICES IS AT THE USER'S SOLE RISK. THE WEBSITE, THE INTERFACE,AND THE SERVICES ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS.TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, WE, NOR ANY PERSON ASSOCIATEDWITH 3F, MAKE, AND WE EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONSOR WARRANTIES OF ANY KIND RELATED TO THE WEBSITE, THE INTERFACE, AND THESERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUTLIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ANDFITNESS FOR A PARTICULAR PURPOSE. NEITHER 3FNOR ANY PERSON ASSOCIATEDWITH 3FMAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THECOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITYOF THE WEBSITE, THE INTERFACE, OR THE SERVICES. 3FAND ANY PERSONASSOCIATED WITH 3F NOT REPRESENT OR WARRANT THAT: (1) ACCESS TO THEWEBSITE, THE INTERFACE, OR THE SERVICES WILL BE CONTINUOUS,UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROMDEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE WEBSITEOR VIA THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT,OR RELEVANT; (3) THAT THE WEBSITE, THE INTERFACE, THE SERVICES, OR ANYSOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUSSOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCHWILL BE CORRECTED; OR (4) THAT THE WEBSITE, THE INTERFACE, OR THESERVICES WILL MEET THE USER'S EXPECTATIONS. NO INFORMATION OR STATEMENTTHAT WE MAKE, INCLUDING DOCUMENTATION OR OUR PRIVATE COMMUNICATIONS,SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE WEBSITE, THEINTERFACE, OR THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANYLIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS,STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE WEBSITEOR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL 3F, ITSAFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANYLEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE, ORINABILITY TO USE, THE WEBSITE, THE INTERFACE, THE SERVICES, ANY WEBSITESLINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES,INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ORPUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAINAND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACHOF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OFLIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY(INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, ORMANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, ORVULNERABILITY OF THE WEBSITE, SERVICES, THE APIS, THE USER'S WEB3UTILITIES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAINFUNCTIONALITIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILLTHE COLLECTIVE LIABILITY OF 3F AND ITS SUBSIDIARIES AND AFFILIATES, ANDTHEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, ANDDIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER INCONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNTYOU HAVE PAID DIRECTLY TO 3F (NOT INCLUDING DIGITAL ASSET DEPOSITS INTOYOUR NON-CUSTODIAL WALLET OR 3F ACCOUNT) FOR THE APPLICABLE CONTENT ORSERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW.
Blockchains, Digital Assets, the Wallet, Smart Accounts, dApps, Web3Utilities, and their related technologies and functionalities are stillemerging innovations that carry a relatively high amount of foreseeableand unforeseeable risk from security, financial, technical, political,social, and personal safety standpoints. The mere access to andinteraction with blockchains requires high degrees of skill andknowledge to operate with a relative degree of safety and proficiency.Digital Assets are highly volatile in nature due to many diversefactors, including without limitation use and adoption, speculation,manipulation, technology, security, and legal and regulatorydevelopments and application. Further, the speed and cost of transactingwith cryptographic technologies, such as blockchains like thoseunderlying the Wallet, is variable and highly volatile. Moreover, thetransparent nature of many blockchains means that any interactions theUser has with any blockchain may be publicly visible and readable inhuman form.
By accessing and using the Website, the Interface, or the Services, theUser acknowledges the foregoing, and agrees and represents that itunderstands such and other risks involved with blockchains, the Wallet,and related technologies (including without limitation any specifictechnical language used in this Agreement). The User further representsthat it has all knowledge sufficient to work, and is informed of allforeseeable risks, and the possibility of unforeseeable risks,associated with blockchains, Digital Assets, Web3 Utilities, smartcontracts, the Interface, the Wallet, and the Services. The User furtheracknowledges, and assumes all risk related to the possibility, that anyinformation presented via the Website, Interface, or Services may beinaccurate, possibly due to another party's malicious activities andpossibly to the User's severe harm or detriment. The User agrees that weare not responsible for any of these or related risks, do not own orcontrol any blockchain and cannot guarantee the safe or accuratefunctioning of the Services, and shall not be held liable for anyresulting harms, damages, or losses incurred by or against the Userexperiences while accessing or using the Website or the Services.Accordingly, the User acknowledges the foregoing, represents itsunderstanding of the foregoing, and agrees to assume full responsibilityfor all of the risks of accessing and using the Website and interactingwith the Services, whether mentioned in this Section or otherwise. TheUser further expressly waives and releases us from any and allliability, claims, causes of action, or damages arising from or in anyway relating to the User's use of the Website and the Interface, and theUser's interaction with the Services.
If the User is a California resident, the User expressly andexplicitly waives the benefits and protections of California Civil Code§ 1542, which states: "[a] general release does not extend to claimsthat the creditor or releasing party does not know or suspect to existin his or her favor at the time of executing the release and that, ifknown by him or her, would have materially affected his or hersettlement with the debtor or released party."
All information or content provided or displayed by the Website(including without limitation, on the Interface) is for informationalpurposes only and should not be construed as professional advice(including, without limitation, tax, legal, or financial advice). TheUser should not take, or refrain from taking, any action based on anyinformation or content displayed or provided on the Website, on theInterface, or through the Services. The User should seek independentprofessional advice from an individual licensed and qualified in thearea appropriate for such before the User makes any financial, legal, orother decisions where such is considered prudent. The User acknowledgesand agrees that, to the fullest extent permissible by law, it has notrelied on 3F, the content on the Website, the Interface, or the Servicesfor any professional advice related to its financial or legal behaviors.
Additionally, it is your sole responsibility to determine whether, andto what extent, any taxes apply to any transactions you conduct throughthe Website, the Interface, the Wallet and/or the Services, and towithhold, collect, report, and remit the correct amounts of taxes to theappropriate tax authorities.
These Terms of Use, and the provision of the Website, the Interface, andthe Services, are not intended to create any fiduciary duties between usand the User or any third party. To the fullest extent permissible bylaw, the User agrees that neither the User's use of the Website or theInterface, or of the Services causes us or any User to owe fiduciaryduties or liabilities to the User or any third party. Further, the Useracknowledges and agrees to the fullest extent such duties or liabilitiesare afforded by law or by equity, those duties and liabilities arehereby irrevocably disclaimed, waived, and eliminated, and that we andany other User shall be held completely harmless in relation thereof.The User further agrees that the only duties and obligations that we orany User owes the User, and the only rights the User has related to thisAgreement or the User's use of the Website, the Interface, or theServices, are those set out expressly in this Agreement or that cannotbe waived by law.
Your Wallet and Digital Asset balances contained therein are notchecking or savings accounts, and we do not provide any kind ofinsurance to you against any type of loss, including (withoutlimitation) losses due to decrease in value of assets, assets lost dueto a cybersecurity failure, or from your or other individuals' errors ormalfeasance. In most jurisdictions Digital Assets are not legal tender,and most Digital Assets are not backed by any government. Your DigitalAsset balances are not covered by Federal Deposit Insurance Corporation("FDIC") or Securities Investor Protection Corporation ("SIPC")protections.
The Website or the Interface may contain links to other sites andresources provided by third parties; these links are provided forconvenience only. This includes links contained in advertisements,including banner advertisements and sponsored links. We have no controlover the contents of those sites or resources, and the User acknowledgesand agrees that we do not and will not accept any responsibility forthem or for any loss or damage that may arise from the User's use ofthem. If the User decides to access any of the third-party websiteslinked to the Website, the User does so entirely at its own risk andsubject to the terms and conditions of use for such websites.
The User agrees to defend, indemnify, and hold harmless 3F, itsaffiliates, licensors, and service providers, and its and theirrespective officers, directors, employees, contractors, agents,licensors, suppliers, successors, and assigns from and against anyclaims, liabilities, damages, judgments, awards, losses, costs,expenses, or fees (including reasonable attorneys' fees) arising out ofor relating to: (1) the User's violation of these Terms of Use; (2) theUser's use of the Website, the Interface, or the Services, including butnot limited to the User's interactions with the Interface or otherfeatures which incorporate the Services, use of or reliance on thecontent on the Website or the Interface, services, and products otherthan as expressly authorized in these Terms of Use; (3) the User's useor reliance on of any information obtained from the Website or theInterface; or (4) any other party's access and use of the Website, theInterface, or the Services with the User's assistance or by using anydevice or account that the User owns or control.
All matters relating to the Website, the Interface, the Services, andthese Terms of Use, and any dispute or claim arising therefrom orrelated thereto (in each case, including non-contractual disputes orclaims), shall be governed by and construed in accordance with theinternal laws of Panama without giving effect to any choice or conflictof law provision or rule (whether of Panama or any other jurisdiction).
In the event of a dispute between you, the User, and 3F (each a"Party" and collectively, the "Parties") related to theseTerms of Use or the breach thereof, the Parties shall participate in atleast one (1) live or teleconferenced (i.e., using Zoom or a similarvideoconferencing software that allows the Parties to communicate inreal time) mediation session with the Panama Conciliation andArbitration Centre ("CECAP") in accordance with its proceduralrules. The Parties agree to participate in mediation in good faith. Thenumber of arbitrators shall be one. The seat, or legal place, ofarbitration shall be Panama City. The language to be used in thearbitral proceedings shall be in English. The arbitral award shall befinal for the Parties.
ANY CAUSE OF ACTION OR CLAIM EITHER 3F OR THE USER MAY HAVE ARISING OUTOF OR RELATING TO THESE TERMS OF USE OR ITS USE OF THE WEBSITE, THEINTERFACE, OR ANY OF THE SERVICES, MUST BE COMMENCED WITHIN SIX (6)MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OFACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by 3F of any term or condition set out in these Terms of Useshall be deemed a further or continuing waiver of such term or conditionor a waiver of any other term or condition, and any failure of 3F toassert a right or provision under these Terms of Use shall notconstitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or othertribunal of competent jurisdiction to be invalid, illegal, orunenforceable for any reason, such provision shall be eliminated orlimited to the minimum extent such that the remaining provisions of theTerms of Use will continue in full force and effect.
The Terms of Use, the Privacy Policy, and any other documentincorporated by reference herein constitute the sole and entireagreement between the User and 3F regarding the Website and supersedeall prior and contemporaneous understandings, agreements,representations, and warranties, both written and oral, regarding theWebsite.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:hello@3f.foundation.
