DoggyFi Terms of Service
Version 0.1
Date: 9-18-24
These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the products and services provided by DoggyFi (referred to herein as "DoggyFi", "we", "our", or "us"). Our products and services include:
- (a) https://doggyfi.com, a website-hosted user interface (the "Interface" or "App")
- (b) Any other products and services that link to this Agreement (together with the Interface and App, the "Products")
You must read this Agreement carefully as it governs your use of the Products. By accessing or using any of the Products, you signify 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 any of our Products and should not use our Products.
To access or use any of our Products, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface.
You further represent that you are not (a) 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 or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity.
NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. Our Products are only available to you — and you should only access any of our Products — if you agree completely with these terms.
1. Our Products
1.1 The Interface
The Interface provides a web-based means of access to a decentralized protocol on the Dogecoin blockchain that allows users to trade certain compatible digital assets (the "DoggyFi protocol" or the "Protocol").
The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol comprises open-source or source-available self-executing smart contracts that are deployed on the Dogecoin blockchain. DoggyFi does not control or operate the Protocol on the blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When traders pay fees for trades, those fees accrue to liquidity providers for the Protocol. As a general matter, DoggyFi is not a liquidity provider into Protocol liquidity pools and liquidity providers are independent third parties.
To access the Interface, you must use a non-custodial wallet software, which allows you to interact with the Dogecoin blockchain. 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 to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.
1.2 Other Products
We may from time to time in the future offer additional products, and such additional products shall be considered a Product as used herein, regardless of whether such product is specifically defined in this Agreement.
2. Modifications of this Agreement or our Products
2.1 Modifications 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://doggyfi.com/terms-of-service. All modifications will be effective when they are posted, and your continued accessing or use of any of the Products will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using all of our Products.
2.2 Modifications of our Products
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to any of the Products; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products.
3. Intellectual Property Rights & Confidentiality
3.1 IP Rights Generally
We own all intellectual property and other rights in each of our Products and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement.
You understand and acknowledge that the Protocol(s) is not a Product and we do not control the Protocol(s) or Infrastructure(s) associated with the product or the respective blockchain(s).
3.2 Confidentiality
In the course of using the protocol you may be exposed to DoggyFi confidential information, which you are not allowed to expose in any way, except in use of the product. All intellectual property (IP) created, developed, or otherwise coming into existence as a result of you using DoggyFi Corporation, shall be the exclusive property of DoggyFi. This encompasses inventions, designs, discoveries, creations, works of authorship, applications, models, processes, software, digital assets, and any form of intellectual property, whether patentable or not, created by you either individually or in collaboration. You are required to take all necessary actions and execute to affirm DoggyFi’s exclusive ownership of such IP. This includes assignments, patent applications, and registrations of copyright necessary to establish and protect DoggyFi's ownership rights. You acknowledge this assignment of IP rights extends to any work related to the business activities of DoggyFi, or any entities that the Company may establish and become involved with. You understand that this comprehensive assignment is integral to their service with DoggyFi, with the understanding that no additional compensation will be provided for IP contributions covered under this policy. This policy does not apply to IP developed entirely by you own time without using the protocol(s), tooling, feeds, equipment, supplies, facilities, or proprietary information of DoggyFi, or any related entities, and not directly related to the business or anticipated research and development of DoggyFi, or any entities established by DoggyFi.
4. Your Responsibilities
4.1 Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
- Intellectual Property Infringement
- Cyberattack
- Fraud and Misrepresentation
- Market Manipulation
- Securities and Derivatives Violations
- Sale of Stolen Property
- Data Mining or Scraping
- Objectionable Content
- Any Other Unlawful Conduct
4.2 Trading
You agree and understand that: (a) all trades you submit through any of our Products are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.
4.3 Non-Custodial and No Fiduciary Duties
Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and 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 wallet and make no representations or warranties regarding how any of our Products will operate with any specific wallet.
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.
4.4 Compliance and Tax Obligations
Our Products may not be available or appropriate for use in your jurisdiction. By accessing or using any of our Products, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
Specifically, your use of our Products or the Protocol 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, if so, to report and/or remit the correct tax to the appropriate tax authority.
4.5 Gas Fees
Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by DoggyFi, you will be solely responsible to pay the Gas Fees for any transaction that you initiate via any of our Products.
5. Disclaimers
5.1 Assumption of Risk
BY ACCESSING AND USING ANY OF OUR PRODUCTS, YOU REPRESENT THAT YOU 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 DOGECOIN, DRC20 TOKENS, AND DUNES.
YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE HIGHLY VOLATILE. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PROTOCOL, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE PROTOCOL.
5.2 No Warranties
EACH OF OUR PRODUCTS ARE 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.
5.3 No Investment Advice
WE DO NOT PROVIDE ANY INVESTMENT ADVICE OR RECOMMENDATION IN CONNECTION WITH THE PRODUCTS. ALL INFORMATION PROVIDED BY THE PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOGGYFI OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCTS.
7. Governing Law and Dispute Resolution
This Agreement and all matters relating to your access to or use of any of the Products shall be governed by and construed in accordance with the state laws of Texas, without regard to conflict of law principles. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Austin, Texas, using the English language.
8. Miscellaneous
This Agreement constitutes the entire agreement between you and DoggyFi relating to your access to and use of the Products. This Agreement may not be assigned by you without DoggyFi's prior written consent. If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
By using the Products, you agree to this Agreement in its entirety.