Terms and Services
Summary of Key Points in our Terms of Service
Personal information you may provide through the Service includes:
Acceptance of Terms: By accessing or using Chedder's services, users confirm they have read, understood, and agree to be bound by these Terms of Service. Users must also be of legal age and have the authority to enter into this agreement.
Services Provided: Chedder provides a platform for users to discover, track, and interact with data from compatible third-party blockchain applications. Chedder does not act as a broker, financial advisor, or custodian.
User Responsibilities: Users are responsible for maintaining accurate account information, ensuring the security of their credentials, and adhering to the platform's policies. All activities conducted under their account are their responsibility.
Dispute Resolution: The Terms include a binding arbitration clause, requiring disputes to be resolved through arbitration under the rules of the American Arbitration Association (AAA), rather than in court. Users waive their right to a jury trial and class-action participation. Opt-out is available within 30 days.
Modifications to Terms: Chedder reserves the right to modify these Terms at any time. Changes take effect immediately for new users and after 30 days for existing users unless otherwise specified.
Intellectual Property: The services and platform are protected by copyright laws. Users are granted a limited, non-exclusive license to use Chedder's services for personal or internal business purposes only.
Third-Party Services: Chedder provides access to third-party services and content but is not responsible for their accuracy, legality, availability, or any transactions conducted on third-party platforms.
Limitation of Liability: Chedder disclaims liability for damages arising from the use of its services, including losses related to service interruptions, technical failures, or third-party actions. Liability is capped at the total fees paid by the user in the preceding 12 months.
Privacy: Chedder collects and processes user data in compliance with applicable privacy laws, including GDPR and CCPA. Use of the platform is subject to Chedder’s Privacy Policy, which explains how data is collected, used, and protected.
Referral Program and Promotions: Users can participate in the referral program to earn a share of trading fees generated by referred users (up to 75%) and earn spins on the Fortune Wheel for prizes. Fraudulent activity will result in disqualification from these programs.
Termination: Chedder reserves the right to suspend or terminate access to the platform or services without prior notice if users violate the Terms, engage in fraudulent activity, or pose security risks.
Governing Law: The Terms are governed by the laws of the State of Delaware. Any disputes outside of arbitration will be litigated exclusively in Delaware courts
Terms of Service
Last Updated: November 27th, 2024
Welcome to Chedder! This Terms of Service ("Agreement") is a binding legal contract between you and Doink Inc., doing business as “Chedder.”
By accessing or using the Services in any way, including without limitation by visiting the Website, downloading the App, and/or creating a Wallet with the Services, you represent that
(1) you have read, understand, and agree to be bound by these Terms of Service;
2) you are of legal age to form a binding contract with us; and
(3) you have the authority to enter into these Terms of Service.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES.
PLEASE BE AWARE THAT SECTION 13 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.
IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND
(2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Your use of, and participation in, certain Services may be subject to Supplemental Terms, which will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
The Services allow users to discover, track, and interact with data generated by compatible third-party blockchain applications.
CHEDDER IS NOT A BROKER, FINANCIAL INSTITUTION, OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN. CHEDDER CANNOT INITIATE A TRANSFER OF ANY OF YOUR CRYPTOCURRENCY OR DIGITAL ASSETS OR OTHERWISE ACCESS YOUR DIGITAL ASSETS. CHEDDER HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT IN CONNECTION WITH YOUR USE OF THE SERVICES. UNLESS EXPLICITLY PROVIDED IN WRITING, WE DO NOT HOST OR MAINTAIN ECOSYSTEM PARTNERS ACCESSIBLE ON OUR SERVICES, DO NOT PARTICIPATE IN ANY TRANSACTIONS ON SUCH ECOSYSTEM PARTNERS' PLATFORMS, AND DO NOT RECOMMEND, ENDORSE, OR OTHERWISE TAKE A POSITION ON YOUR USE OF THESE SERVICES.
CHEDDER IS NOT CAPABLE OF PERFORMING TRANSACTIONS OR SENDING TRANSACTION MESSAGES ON YOUR BEHALF. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICES ARE INITIATED BY YOU.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY CHEDDER IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Chedder will make a new copy of the Terms of Service Agreement available within the Services, and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the "Last Updated" date at the top of the Terms of Service Agreement. Any changes to the Agreement will be effective immediately for new users of the Website and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website and/or Services for existing users of the Services. Chedder may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. USE OF THE SERVICES
(a) License to the Services. The services provided by Chedder are protected by copyright laws worldwide. Subject to these Terms, Chedder grants you a limited, revocable, non-exclusive, non-transferable license to use the platform and services for personal or internal business purposes only. This license is conditioned on your compliance with these Terms.
(b) Restrictions. You agree that you will not:
Copy, distribute, or modify any part of the services without prior written permission.
Use the services for any unlawful purpose.
Attempt to reverse engineer, decompile, or extract the source code of the services.
Interfere with or disrupt the services or servers connected to the services.
(c) Updates and Modifications. Chedder may update, modify, or discontinue parts or all of the services at its sole discretion. You acknowledge that these updates may impact the functionality of the services.
2. USER ACCOUNTS
(a) Account Creation. To use certain features of the services, you must create an account. You agree to:
Provide accurate, current, and complete information during registration.
Maintain the security of your account credentials.
Notify us immediately if you suspect unauthorized use of your account.
(b) Account Suspension or Termination. Chedder may suspend or terminate your account if:
You violate these Terms.
Your activities pose a security risk or legal liability to Chedder.
3. FEES AND PAYMENTS
(a) Trading Fees. Fees for transactions on the platform are based on your trade size and calculated per our fee schedule. Fees may change at Chedder’s discretion, and users will be notified of significant updates.
(b) Referral Rewards. Chedder offers a referral program:
Base Tier: 50% of trading fees generated by referred users.
Tier Increases: Referral fee share increases to a maximum of 75% based on the following tiers:
1–4 referrals: 50%.
5–9 referrals: 55%.
10–19 referrals: 60%.
20+ referrals: 75%.
Referral rewards are calculated and distributed monthly.
(c) Spin to Win. For every successful referral, users earn one Spin on the Chedder Fortune Wheel.
The Referral Program offers Referrers the opportunity to receive certain Incentives for referring other Friends to register an account on the Service, provided that a Friend uses the Referrer's unique Referral Link. This Section 3, along with the foregoing terms in this Agreement and any Additional Referral Terms, governs the Referral Program.
(a) Incentives
Unless otherwise stated in Additional Referral Terms, subject to the Referrer's ongoing compliance with the Agreement, each Referrer shall be entitled to receive Incentives in the form of a percentage of Platform Fees paid by any Friend that uses the Referrer's Referral Link to sign up for an account on the Services. The Incentive percentage and duration will be determined as follows:
Base Tier: 50% of Platform Fees for referrals.
Additional Tiers: Referral fee percentages increase based on the number of referrals as described in the Referral Program terms, up to a maximum of 75% of Platform Fees.
(i) Incentives shall be credited to the Referrer’s Wallet within thirty (30) days of the date on which the applicable Platform Fees are paid.
(ii) Each Referrer is solely responsible for any taxes payable on Incentives received by the Referrer, and the Referrer agrees to indemnify Chedder against any claims arising from or related to any tax liabilities (whether or not paid).
(b) Sharing Referral Links
(i) Referrals are personal and should only be sent to individuals that you personally know and must be used only for personal and non-commercial purposes. The sharing of Referral Links outside of your personal network (e.g., commercial websites, coupon platforms, Twitter, or Reddit) is strictly prohibited. Referral Links may not be published or distributed on public forums or blogs.
You are prohibited from engaging in "spamming" behaviors such as mass emailing, texting, or messaging individuals who you do not know, or using automated systems or bots to distribute your Referral Link.
You may not pay to advertise your Referral Link or offer any compensation or incentives to others for using your Referral Link.
(ii) When sharing a Referral Link, you must clearly disclose to the recipient that you will receive an Incentive (and the nature of such Incentive) if they register an account on the Services using your Referral Link. You must also obtain the express consent of the recipient before sharing your Referral Link.
(iii) You agree that all statements made by you regarding Chedder and its services will:
Be truthful and accurate based on publicly available information.
Be accompanied by a clear disclaimer that such statements reflect only your opinion and not those of Chedder.
You agree to indemnify and hold harmless Chedder Parties from any and all damages, costs, claims, expenses, and other liabilities (including reasonable attorneys' fees) arising from or related to a breach of this Section 17 (Referral Program).
(c) Reservation of Rights
Chedder may suspend or terminate the Referral Program, or your participation in it, at any time for any reason. For example, we reserve the right to review and investigate referral activities and suspend access to the Services or revoke earned Incentives if we believe such activities are:
Abusive, fraudulent, or in violation of this Agreement or any Additional Referral Terms.
Conducted through unauthorized channels or methods.
We also reserve the right to deactivate Referral Links or modify the Incentives associated with any Referral Program offer at any time for any reason. Without limitation, Chedder may retroactively revoke or void any Incentives deemed to be obtained in violation of this Agreement, including but not limited to:
Failing to meet eligibility requirements.
Using Referral Links in violation of laws, rules, or regulations.
Being associated with offensive, harmful, or inappropriate content (e.g., pornography, hate speech, violence, or discrimination).
(d) Multiple Referrals
A referred individual may only use one Referral Link. If a referred individual receives multiple Referral Links, only the Referrer associated with the Referral Link actually used by the individual to register an account on the Services will receive the Incentives for that referral.
4. THIRD-PARTY CONTENT AND SERVICES
(a) Access to Third-Party Services. Chedder may provide access to third-party services or content. These services are not controlled by Chedder, and we are not responsible for:
Accuracy, legality, or availability of third-party content.
Transactions conducted on third-party platforms.
Damages or losses resulting from third-party services.
(b) No Endorsements. Any mention of third-party services does not imply endorsement, sponsorship, or affiliation.
5. PROHIBITED ACTIVITIES
You agree not to engage in the following activities:
Use the services for any illegal, unauthorized, or unethical purposes.
Submit false information or impersonate another person.
Attempt to circumvent fee structures or manipulate referral rewards.
Exploit bugs or vulnerabilities in the platform.
6. TERMINATION
(a) Termination by Chedder. We may suspend or terminate your access to the services for any reason, including but not limited to:
Violation of these Terms.
Fraudulent activity.
Security concerns.
(b) Termination by User. You may terminate your account at any time. Upon termination, you lose access to referral rewards and other platform benefits.
7. INTELLECTUAL PROPERTY RIGHTS
(a) Ownership. All content, design elements, and functionality on the platform are owned by Chedder or licensed to us.
(b) License to Chedder. By using the services, you grant Chedder a non-exclusive, royalty-free, worldwide license to use any feedback, suggestions, or ideas you provide to improve the platform.
8. DISPUTE RESOLUTION
Please read this Arbitration Agreement carefully. It requires you to arbitrate disputes with Chedder and limits the manner in which you can seek relief from us.
(a) Applicability of Arbitration Agreement
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services or to any aspect of your relationship with Chedder will be resolved by binding arbitration, rather than in court, except that:
(a) You may assert claims or seek relief in small claims court if your claims qualify, and
(b) You or Chedder may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement shall apply, without limitation, to all disputes, claims, and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
(b) Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute, claim, or request for relief to the address set forth in Section 8.
The arbitration will be conducted by JAMS, an established alternative dispute resolution provider:
Disputes involving claims, counterclaims, or requests for relief under $250,000 (excluding attorneys’ fees and interest) shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/.
All other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.
JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, or other fees and cannot obtain a waiver from JAMS, Chedder will pay them for you. Additionally, Chedder will reimburse all JAMS’s filing, administrative, hearing, and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Authority of Arbitrator
The arbitrator shall have exclusive authority to:
(a) Determine the scope and enforceability of this Arbitration Agreement, and
(b) Resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including but not limited to any assertion that all or part of this Arbitration Agreement is void or voidable.
The arbitration will decide the rights and liabilities, if any, of you and Chedder. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and the Agreement (including this Arbitration Agreement).
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us to these Terms.
Include your full name, account details, and a clear statement of your opt-out request. Send notice to:
Chedder Legal Department
12 Marshall Street
Boston, MA 02108
(d) Waiver of Jury Trial
YOU AND CHEDDER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and Chedder are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(e) Waiver of Class or Other Non-Individualized Relief
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
Claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user.
If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
(f) 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the address set forth in Section 15.8, within thirty (30) days after first becoming subject to this Arbitration Agreement.
Your notice must include:
Your name and address.
The Wallet address you created with the Services (if any).
Your Third-Party Account username (if any).
The email address you used to set up your Third-Party Account (if you have one).
An unequivocal statement that you want to opt out of this Arbitration Agreement.
If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us.
(g) Severability
Except as provided in Section (e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed. The remainder of the Arbitration Agreement shall continue in full force and effect.
(h) Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Chedder.
(i) Modification
Notwithstanding any provision in this Agreement to the contrary, if Chedder makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to the address set forth in Section 8.
9. LIMITATION OF LIABILITY
(a) Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CHEDDER PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, DIGITAL CURRENCY (INCLUDING BITCOIN, ETHEREUM, OR ANY OTHER CRYPTOCURRENCY), REVENUE, OR DATA; INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THIS APPLIES WHETHER OR NOT CHEDDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO:
(a) THE USE OR INABILITY TO USE THE SERVICES;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A CHEDDER PARTY FOR:
(i) DEATH OR PERSONAL INJURY CAUSED BY A CHEDDER PARTY'S NEGLIGENCE, OR
(ii) ANY INJURY CAUSED BY A CHEDDER PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
(b) Cap on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, CHEDDER PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF:
(a) $100, OR
(b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A CHEDDER PARTY FOR:
(i) DEATH OR PERSONAL INJURY CAUSED BY A CHEDDER PARTY'S NEGLIGENCE, OR
(ii) ANY INJURY CAUSED BY A CHEDDER PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
(c) Exclusion of Damages
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(d) Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHEDDER AND YOU.
10. INDEMNIFICATION
You agree to indemnify and hold the Chedder Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of, or inability to use, any of the Services; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Chedder reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Chedder in asserting any available defenses. This provision does not require you to indemnify any of the Chedder Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to the Services.
11. PRIVACY
(a) Data Collection. Chedder collects and processes user data in compliance with applicable laws, including GDPR and CCPA.
(b) Use of Data. Data collected is used to:
Enhance user experience.
Improve platform functionality.
Comply with legal obligations.
(c) Privacy Policy. For more details, refer to our Privacy Policy.
12. GENERAL PROVISIONS
(a) Electronic Communications For contractual purposes, you (a) consent to receive communications from Chedder in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Chedder provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").
(b) Release You hereby release Chedder Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to any interactions with or conduct of other Registered Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services.
(c) Assignment The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Chedder's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(d) Force Majeure Chedder shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
(e) Questions, Complaints, Claims If you have any questions, complaints, or claims with respect to the Services, please contact us at support@chedder.vom. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
(f) Exclusive Venue To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Chedder agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New Castle County, Delaware.
(g) Governing Law THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
(h) Notice You may give notice to Chedder at the following address: Doink Inc., 12 Marshall Street, Boston, MA 02108. Such notice shall be deemed given when received by Chedder by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address, or, if by email sent and expressly referencing this Section, within 24 hours of confirmed transmission.
(i) Waiver Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(j) Severability If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
(k) International Users The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Chedder intends to announce such Services or Content in your country. The Services are controlled and offered by Chedder from the United States of America. Chedder makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
(l) Export Control You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
(m) Consumer Complaints In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
(n) Entire Agreement
The Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
13. MOBILE APPS
The following terms apply to your access and use of the App:
(a) App Stores
You acknowledge and agree that the availability of the App and the Services is dependent on the App Store from whom you received the App license. You acknowledge that the Agreement is between you and Chedder, not with the App Store. Chedder, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
(b) Accessing and Downloading the App from the Apple App Store
The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:
(i) You acknowledge and agree that (i) the Agreement is concluded between you and Chedder only, not Apple, and (ii) Chedder, not Apple, is solely responsible for the App Store Sourced App and the content thereof. Your use of the App Store Sourced App must comply with the Apple App Store Terms of Service.
(ii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App.
(iii) In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Chedder and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Chedder.
(iv) You and Chedder acknowledge that, as between Chedder and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to:
Product liability claims;
Any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and
Claims arising under consumer protection or similar legislation.
(v) You and Chedder acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party's intellectual property rights, as between Chedder and Apple, Chedder, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(vi) You and Chedder acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced App and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.
(vii) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.
14. INTERACTIONS WITH OTHER USERS
(a) User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Chedder reserves the right, but has no obligation, to intercede in such disputes. You agree that Chedder will not be responsible for any liability incurred as the result of such interactions.
(b) Chedder is not liable to you in connection with Chedder’s or any third party's use of the Services to view such Connected Content that you have made publicly available. CHEDDER DISCLAIMS ANY LIABILITY FOR CONNECTED CONTENT, INCLUDING WITHOUT LIMITATION PERSONALLY IDENTIFIABLE INFORMATION, THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET. Chedder makes no effort to review any Connected Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Chedder is not responsible for any Connected Content.
15. ASSUMPTION OF RISK RELATED TO BLOCKCHAIN TECHNOLOGY
(a) In order to be successfully completed, any transaction involving Digital Assets initiated by or sent to your Wallet must be confirmed by and recorded on the blockchain supporting such Digital Asset. Chedder has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant blockchain and does not have the ability to facilitate any cancellation or modification requests. In addition, certain
Ecosystem Partners may support complex financial transactions that entail a high degree of risk. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:
(b) You (a) have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of your Wallet;
(b) have the knowledge, experience, understanding, professional advice, and information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of your Wallet; (c) know, understand, and accept the risks associated with your Wallet; and (d) accept the risks associated with blockchain technology generally and are responsible for conducting your own independent analysis of the risks specific to any Digital Assets you purchase or sell. You further agree that Chedder will have no responsibility or liability for such risks.
(c) The prices of Digital Assets can be extremely volatile. Chedder makes no warranties as to the markets in which Digital Assets are transferred, purchased, or traded.
(d) You are solely responsible for determining what, if any, taxes apply to your transactions of Digital Assets. Chedder is not responsible for determining the taxes that apply to Digital Asset transactions.
(e) Chedder does not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting blockchain, and so any transfer of Digital Assets occurs within the supporting blockchain and not in the Services. The transaction details you submit via the Services may not be completed or may be substantially delayed as a result of activity or lack thereof on the blockchain used to process the transaction. Once transaction details have been submitted through your Wallet, Chedder cannot assist you to cancel or otherwise modify your transaction or transaction details. Chedder makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any Digital Asset.
(f) There are risks associated with using an Internet-based currency, including but not limited to, the risk of hardware, software, and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Chedder will not be responsible for any communication failures, disruptions, errors, distortions, or delays or losses you may experience when using blockchain technology, however caused.
(g) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of Digital Assets.
(h) Chedder makes no guarantee as to the functionality of any blockchain's decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain Digital Assets. You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of Digital Assets supported by that blockchain.
(i) Chedder makes no guarantee as to the security of any blockchain. Chedder is not liable for any hacks, double spending, stolen Digital Assets, or any other attacks on a blockchain.
(j) The Services rely on, and Chedder makes no guarantees or warranties as to the functionality of or access to, any third-party Wallet (such as MetaMask and Ledger) and Ecosystem Partners to perform any transactions.
16. DEFINITIONS
(a) "Adapter" means a software tool that enables and facilitates the interoperability of a particular DeFi project with the Services.
(b) "Additional Referral Terms" means any additional tools published in a referral invitation or otherwise associated with any particular Referral Program offer or promotional code.
(c) "Agreement" means this Terms of Service and any Supplemental Terms applicable to your use of the Services.
(d) "App" means the mobile application made available by Doink Inc.
(e) "App Store" means the app store from which you downloaded the App, and may include the Apple App Store or Google Play Store.
(f) "App Store Sourced App" means an App accessed through or downloaded from the Apple App Store.
(g) "Arbitration Agreement" means the dispute resolution mechanism in this agreement.
(h) "Brand" means, with respect to any Adapter, the trademark, logo, or other indicia of identity of the DeFi project or other third-party entity the interoperability of which is facilitated by such Adapter.
(i) "Connected Content" means any Content or personal financial data that you have provided to and stored in your Wallet.
(j) "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials.
(k) "Digital Asset" means any cryptocurrency, cryptoasset, blockchain-based token, or other digital asset supported by the Services.
(l) "Ecosystem Partner" means certain supported DeFi applications and projects.
(m) "Feedback" means any ideas, suggestions, documents, and/or proposals that you submit to Chedder through Discord, Telegram, Email, or otherwise through the Services.
(n) "Friend" means an individual personally known by a Referrer.
(o) "Google Play Sourced App" means any App accessed through or downloaded from the Google Play store.
(p) "Incentive" means any benefit that a Referrer may receive as a result of participating in the Rewards Program.
(q) "Make Available" means to upload, post, e-mail, transmit or otherwise make available through the Services.
(r) "OSS" or "Open-Source Software" means any software or components thereof subject to "open source" or "free software" licenses.
(s) "Platform Fee" means any fee paid or payable by a Registered User to Chedder in connection with such Registered User's use of the Services.
(t) "Referral Link" means a personal link or code used by a Referrer to refer Friends to the Services through the Referral Program.
(u) "Rewards Program" means the referral rewards program offered by Chedder subject to the terms of Section 17 of this Agreement.
(v) "Referrer" means a Registered User that participates in the Rewards Program.
(w) "Registered User" is a user who has a valid Third-Party Account, including without limitation a Wallet, through which the user has connected to the Services.
(x) "Services" means any products and services made available by Doink Inc, including without limitation the Website and the App.
(y) "Supplemental Terms" means any terms or policies applicable to any products or services offered by Chedder that are not addressed in these Terms of Service.
(z) "Terms of Service" means this Chedder Terms of Service Agreement that governs your access to and use of the Services.
(aa) "Third-Party Account" means a valid account on a third-party service provider or social networking service supported by the Services, such as Facebook, Twitter or GitHub, or a valid third-party Wallet compatible with the Services.
(bb) "Third-Party Services" means and third-party websites, applications, and advertisements for third parties accessible or otherwise connected to the Services but not provided by Chedder.
(cc) "User Content" means any Content that is Made Available by Registered Users on or through the Services.
(dd) "Wallet" means a software-based system for secure storage of cryptocurrency, cryptoassets, and payment information related thereto.
(ee) "Website" means the Chedder.com Website and any associated subdomains.
(ff) "You" means the individual or legal entity, as applicable, that is using or accessing the Services, or that is identified as the user when you registered on the Services.
(gg) "Chedder", "we", "us" means Doink Inc.
(hh) "Chedder Parties" means Chedder (Doink), its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors.