Last Revised: 25 July 2025
Please read these Terms of Service (this "Agreement") carefully. Your use or access of the Site, the Services or the Programs (as defined below) constitutes your consent to this Agreement. If you do not agree to this Agreement, and all of the terms herein, you must immediately discontinue using the Site, the Services and the Programs. Your continued use of the Site, the Services and the Programs is your ongoing acceptance of this Agreement.
This Agreement is between you (the "User" or "You", and collectively with others using the Site, "Users") and Oazo Apps Limited, a company incorporated and registered in England, United Kingdom ("Company" or "we," "our" or "us" and together with you, the "Parties") concerning your use of (including access to) the Company's websites, currently located at Summer.fi, and any mobile applications, web applications, decentralized applications, smart contracts and API located at or available through any of Company's websites (together with any materials and services available therein, and successor website(s) or application(s) thereto, the "Site"). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Company to the Site, or otherwise made available to you by Company.
IMPORTANT: This Agreement contains a mandatory individual Arbitration clause and class action and jury trial waivers that require the use of arbitration by Users on an individual basis to resolve Disputes (as defined below), rather than jury trials or class actions or similar group actions. The Site, the Services and the Programs are only available to you and should only be used by you if you agree to these waivers.
By clicking or tapping any button or box marked "accept", "agree" or "consent" (or a similar term) in connection with this Agreement, or by accessing or using the Site, the Services or the Programs, you agree to be bound by this Agreement, a current version of which is available at the Site, and which may be modified from time to time at our sole discretion in accordance with section 3 below.
The Company has developed Summer.fi – an online, decentralized and autonomous environment that displays certain information and provides to Users access to use autonomous smart contracts and access to transactions of digital tokens and digital assets ("Digital Assets").–The Site is used to provide Users with access to certain decentralized technology services,products and protocols on the Ethereum blockchain and other blockchains as may be available from time to time through Summer.fi (the "Services"). The Services may require users to pay fees, such as gas charges on the Ethereum network, to perform a transaction. You acknowledge and agree that the Company has no control over User transactions, User digital assets, the method or amount of payment required for any User to engage in any transaction, or any payments of fees for any transactions. You must ensure that you have a sufficient balance to complete any transaction using the Site or Services before initiating such transaction.
User affirms that the User is aware and acknowledges that Company is a noncustodial provider of software services, meaning that the Company does not custody, control, or manage User funds or assets in any manner whatsoever. The Services are deployed in a decentralized environment wherein the Services can be autonomously and directly accessed by the Users without any involvement or actions taken by Company or any third-party. The User acknowledges that Company does not in any way control any of the assets or protocols displayed on the Site, including but not limited to ETH, WSTETH, DAI, USDC, Lazy Summer, Ajna, Spark, Maker, Aave, Arbitrum, Optimism, Base or Ethereum. The User acknowledges that the Company and its Services are entirely unaffiliated with any of these protocols, other service provider or other DeFi platform upon which Users may transact.
Notwithstanding the above, the code which forms the basis of the Lazy Summer Protocol was initially developed by the Company and was licensed to a third party, which is the sole responsible for the launch and operation of the Lazy Summer Protocol. The Company provides certain support services in relation to the ongoing development and maintenance of the Lazy Summer Protocol and is a holder of SUMR Tokens that confer the power to participate in the decentralized autonomous organization in charge of the governance of the Lazy Summer Protocol. There is no corporate connection or common ownership or control between the Company and the third party responsible for the launch and operation of the Lazy Summer Protocol.
As a condition to using the Site and Services, You represent and warrant to Company that:
In connection with your use of the Services, you agree to bear all costs necessary to conduct a transaction, such as gas costs, which may be charged by others, including costs to access blockchain infrastructure incident to your transaction (i.e. "network fees"). The Site may attempt to provide accurate costs information, but this information is highly volatile and can change quickly without any party necessarily being aware of these changes. The Company may charge fees for certain transaction types available at Summer.fi, including automated trigger executions. All such fees payable to the Company will be disclosed to you. Company may provide integrations with third party service providers, such as the integration of the Li.Fi widget or other widgets, and such third party providers may impose costs if you decide to use those integrations. Please check the details of any transaction you enter into using Summer.fi prior to authorizing that transaction for more information.
You affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement, to form a legally binding contract online, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement.
Services are available for your business use only. You are not allowed to enter into this Agreement and use the Services in your capacity as a consumer. If you are an individual accessing or using the Site and or Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to "You" and "Your" in this Agreement will refer to both the individual using the Site and to any such Organization.
You represent that You are legally permitted to use the service in your jurisdiction, including owning Digital Assets, and interacting with the Services in any way. You further represent that You are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Company is not liable for Your compliance with such laws. You further represent and warrant that You will not use the Site or the Services if the laws of your country of residency or establishment prohibit you from doing so in accordance with this Agreement. You further represent that neither you nor your Organization is a resident of any of the Non-Supported Countries, or otherwise legally prohibited from accessing the Site or Services. You also represent and warrant that you will not use the Service for any illegal activity.
This Agreement may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Site with the "Last Revised" date at the top of the Agreement. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Site, the Services or the Programs by You after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Site, the Services or the Program, you must stop using the them. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links). Neither party may assign or transfer any rights or obligations under this Agreement, provided that Company may assign this Agreement without your prior consent to any of Company's affiliates, or to its successors in interest of any business associated with the Services provided by Company. This Agreement shall be binding upon the permitted assigns or transferees of each party.
The Company offers its eligible Users the opportunity to earn Rewards by: (i) referring other Users to enter into qualified transactions using the Services, (ii) answering surveys or in any way providing information to the Company in connection to the Services or, more generally, to the Company's business or industry and (iii) any other . The Rewards are for promotional and informational purposes only, as part of the Company Rewards Programs ("Rewards Programs" or "Programs"). By joining the Programs, you and Users you refer can earn Rewards payable in DAI, SUMR, or other Digital Assets. You may also receive physical items, including but not limited to merchandise such as t-shirts, caps, mugs, and other promotional materials, as may be specified from time to time in connection with each specific Program.
These Rewards Program Terms ("Program Terms") apply to a User's participation in the Program. By participating in the Program, Users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program, as informed or made available to You through any suitable means. If you do not agree to these Rewards Program Terms in their entirety, then you cannot participate in the Program. Users also cannot participate where (i) by so doing, they would violate any applicable law or regulations that may apply to that User and (ii) the User or the Referred User (as defined below) do not comply with the eligibility requirements set forth in Section 2. By participating in the Program, the User repeats the representations and warranties made to the Company pursuant to Section 1.2.
This Program is void where such programs are prohibited. Users who refer other users who join the Program are "Referrers"; those who are referred to the Program are "Referred Users." Referrers may be eligible to receive Rewards for every qualified transaction by a Referred User, in accordance to the specific terms of the Program. Referrers must speak and read English, must be legally able to participate in the Program, and must be 1) at least the age of majority where they reside and 2) be an existing User of the Services.
You may be required to share certain information about yourself in order to be able to participate in the Programs or to receive the Rewards. If you do not wish to share that information you may not participate in Program. Please refer to the Company’s Privacy Policy for details on your privacy rights and information on how the Company collects and processes personal data.
To participate, a User shall usually be able to generate a referral code by Browse to the Site (or the specific URL of the Program) and clicking a "copy referral link" button or similar. Once a User generates and distributes that referral code to another User that accepts to be referred after they have accepted the Program Terms via – usually – a wallet transaction, that second User becomes a Referred User, and that User who distributed the referral code becomes a Referrer. Referrers may be able share their referral code with other Users who may use that code to receive Services from the Company using their self-custodial wallet by visiting the Site (or the specific URL of the Program) and inserting the referral code when prompted at the appropriate URL. The User who receives the referral code and clicks it or otherwise manually enters the URL will be prompted to access, review, and accept these Program Terms by signing a transaction through that User’s wallet. After that User clicks to accept the Program Terms, that User will be a Referred User. Both a Referrer, and a Referred User may be able to claim the Rewards relevant for the specific Program.
Both the Referrer and the Referred User shall be informed of the Rewards to which they are eligible, in accordance to the specific terms of each Program. A Referrer or Referred User may claim their Rewards balance as prescribed in the specific Program’s terms.
Each Program is subject to its own specific terms and conditions, which shall be communicated to the User and may supersede or supplement the general description set forth above. Please note that participation in certain Programs may not involve or require the generation or use of a referral code. You must always refer to the specific terms of the Program.
Users who participate in the Program are able to earn Rewards. Referrers and Referred Users are eligible to begin to receive Rewards as long as this Program is offered by the Company and as long as Referrers and Referred Users otherwise qualify for the Program.
Referrers and Referred Users may be subject to a redemption deadline, by which any Rewards must be claimed, failing which such Rewards may be forfeited. Unclaimed Rewards will be voided and returned to the Company. Expiration dates shall be communicated to the Users.
If a Referrer's or Referred User's participation in the Rewards Program is terminated for any reason, unclaimed Rewards are void. Rewards are intended for the User's use only. Commercial use of Rewards is prohibited. Your Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, any other person.
When a Reward is a Digital Asset:
Except where prohibited, Users who have accepted these Program Terms agree that by participating in the Program, they agree: (1) to be bound by these Program Terms, any applicable terms and condition specifc to a certain Program and to the decisions of the Company and/or its designees, its other Terms of Service and its privacy policies; and (2) to release and hold harmless the Company and its owners, affiliates, and subsidiaries, together with its respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward).
Except where prohibited by law, the Company and its owners, affiliates, and subsidiaries, together with its respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties") shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, or communications, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software, network, or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, or damages of any kind to any person, resulting from acceptance, possession or use of Rewards, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program.
The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing, or downloading information in connection with this Program, to the extent that You could have avoided such damage by following the Company’s advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by the Company, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention, technical fault, hack, attack, exploit, or other causes beyond the Company’s control, corrupt the administration, security, or proper play of the Program, or any system, product, service, or protocol upon which the Program relies.
Except where prohibited, the Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, utility failure, failure of any protocol, application, multi-signature wallet, blockchain, oracle, data source, or smart contract, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, change in applicable law or regulation, or any other similar or dissimilar cause beyond any of the Released Parties' control.
As a condition of entering the Program, and unless prohibited by law, Users agree that under no circumstances will Users be entitled to any awards of damages for any losses or damages, and Users hereby waive all rights to claim actual, nominal, special, punitive, incidental, consequential, and any other form of legally recognized damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.
Except where prohibited, disputes, claims and causes of action arising out of or related to this Program or any Rewards or other value awarded shall be resolved under the laws of England and Wales without reference to its conflicts of laws principles, and User agrees to submit any dispute to Arbitration as detailed in section 12 of these Terms.
Users who participate in the Programs agree that they will not violate any of these Program Terms, or otherwise engage in activity that could be considered harassment toward other Users. Users agree not to use the Program to:
The Company may prohibit any User from participating in the Program or receiving any Rewards if the Company determines such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other Users (whether or not participating in the Program), or representatives of the Company. Use of any automated system not typical of users of the Site and Services to participate in the Program is strictly prohibited, and if discovered, will result in disqualification. The Company reserves the right to disqualify any User, cancel Rewards, disable or suspend a User from the Program Rewards account, and contact legal authorities (including law enforcement), if it should discover a User is tampering with the entry or referral process or the operation of the Program or violating these Terms.
The Company may withhold or invalidate a Reward if it reasonably believes that any Reward would violate any law or legal requirement, or if the Company believes any use of the Site, the Services or the Program by any Referrer or Referred User is fraudulent, suspect, or in violation of these Program Terms.
If the Company, in its sole discretion, believes that to award Rewards will impose liability on the Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents, the Company may, at its sole discretion, not award any Rewards for any given transaction.
All of the Company's decisions related to the Program are final and binding, except where prohibited, including decisions as to whether a Referral, or qualified transaction, is valid, when and if to terminate the Program, to terminate any User's participation in the Program or disqualify any User from participation in the Program, and whether, if at all, to change the Program.
These Reward Program Terms, any aspect of the Reward Program, any Reward (including, but not limited to, how Rewards may be earned, redeemed or expired) may be amended, modified or changed at the sole discretion of the Company. Any changes to the Program will be made available to the Users. Please check these Terms frequently. If a Referrer has Rewards pending at the time that the Program is updated or changed, those pending Rewards shall be honored under the terms and conditions (including but not limited to these Terms) that were valid at the time of the qualified transaction giving rise to the Rewards.
To the extent permitted under law, the Company may modify, terminate, discontinue, end or revoke Rewards or the Reward Program at any time in its sole discretion for any reason without any liability or obligation to you. The Company reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
To the extent permitted under law, the Company may modify, terminate, discontinue, end or revoke Rewards or the Reward Program at any time in its sole discretion for any reason without any liability or obligation to you. The Company reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.
We reserve the right to modify or amend at any time these Program Terms and any other terms and conditions applicable to the Programs and the methods through which Rewards are distributed. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms or other terms and conditions applicable to the Program. The Company's failure to enforce any term of these Terms shall not constitute a waiver of that provision.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES ITS RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
THE CONTENT, INFORMATION, LINKS AND FUNCTIONALITY OF THE SITE AND SERVICES RELATED TO THE PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (I) THE CONTENT AND INFORMATION OF THE SITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS, OR (II) THE LINKS AND OTHER ASPECTS OF THE SITE ARE FUNCTIONAL.
You expressly understand and agree that your use of the Site, the Services and the Program is at your sole risk. WE MAKE AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND WITH RESPECT TO THE SERVICES AND THE CODE, WHETHER PROPRIETARY OR OPEN SOURCE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DO NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, CODE AND ANY RELATED INFORMATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE FURTHER EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY THIRD PARTY TECHNOLOGY, INCLUDING ALL BLOCKCHAIN INFRASTRUCTURE, WHICH MAY BE RELIED UPON BY USERS OF THE SERVICES OR SITE.
WE SPECIFICALLY DO NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY THAT THE SERVICES WILL REMAIN AVAILABLE IN ANY JURISDICTION WHERE THEY ARE CURRENTLY AVAILABLE AND DO NOT REPRESENT AND WARRANT THAT THE COMPANY CAN GUARANTEE THE LEGALITY OF THE SERVICES IN ANY SPECIFIC JURISDICTION.
To the fullest extent permitted by law and notwithstanding any other provision of this Agreement or any other agreement contemplated herein or applicable provisions of law or equity or otherwise, the parties hereto hereby agree to eliminate any and all fiduciary duties Company may have to the User, its affiliates, or the end Users of the Services, the Site or its content, provided that such exclusion or limitation of liability shall not extend to the Company’s misappropriation of assets or funds of its users or its affiliates, or the end Users of the Services, Site, Programs or content provided by Company or other acts or omissions that constitute a bad faith violation of the implied contractual covenant of good faith and fair dealing.
By utilizing the Services or the Programs or interacting with the Site in any way, you represent that you understand the inherent risks associated with cryptographic systems and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard known as ERC-20 (https://github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.
The Company does not own or control any of the underlying software or hardware through which blockchain networks are formed and operated. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (i) that Company is not responsible for operation of the underlying software, hardware, and networks and that there exists no guarantee of functionality, security, or availability of such software and networks; and (ii) that the underlying protocols are subject to sudden changes in operating rules (known as "Forks"), and that such Forks may materially affect the Services. It might be discretionarily decided not to support (or cease supporting) the Forked network entirely. You acknowledge and agree that the Company assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
Underlying networks relied upon by the Services utilize public/private key cryptography. You alone are responsible for securing and protecting your private key(s) or other access credentials or hardware equipment used to access Digital Assets. Company does not have access to your private key(s).The Company does not take custody or control of User Digital Assets. Losing control of your private key(s) will permanently and irreversibly deny you access to Digital Assets on the Ethereum blockchain or other network. If your private key(s) are lost or compromised, neither Company nor any other person will be able to retrieve or protect your Digital Assets. Once your private key(s) is lost, you will not be able to transfer your Digital Assets to any other address or wallet. If this occurs, you will not be able to realize any value or utility from Digital Assets that you may hold now or in future. The Services may offer integrations with third party service providers, such as the Li.Fi widget integration. If you decide to make use of the Li.Fi or widget integration, your transactions are executed by Li.Fi's third-party service providers and not by Li.Fi.
The Services, Digital Assets, and underlying technology relied upon by the Site and Services, including Ethereum and other blockchain infrastructure could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Company to continue to develop, or which could impede or limit your ability to access or use the Services or Ethereum blockchain, including access to your Digital Assets or other funds. The law as relates to the Site, Services, Digital Assets, Ethereum and public network blockchains remains fluid and quickly changing.
You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, Digital Assets and Services, which could result in the theft or loss of your Digital Assets or property. To the extent possible, the Company intends to update the protocol underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but the Company does not guarantee or otherwise represent full security of the system. By using the Services or accessing the Site, you acknowledge these inherent risks.
You understand that Ethereum and other blockchain technologies and associated Digital Assets, currencies, or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain, including those facilitated by the Services. You acknowledge these risks, and represent that Company cannot be held liable for such fluctuations or increased costs.
You acknowledge that the Services and Site are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Site. This warning and others provided in this Agreement by Company in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Services or accessing the Site.
Although it is intended to provide reasonably accurate and timely information on the Site, the Site or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or relevant tools are your sole responsibility and Company shall have no liability for such decisions. Links to third-party materials (including, without limitation, websites) may be provided as a convenience but are not controlled by any entity. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Site or available via other relevant tools.
No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed via the Site. Prices and pricing information may be higher or lower than prices and pricing information available on other platforms. Prices and pricing information distributed by the Site and the Services may be inaccurate and should not be relied upon.
Any use or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills to use the Services. If you do not have the requisite knowledge and skills to use the Services, you should not use the Services.
Any reference to a type of Digital Asset on the Site does not indicate the Company's approval or disapproval of the underlying technology regarding such type of Digital Asset, or any recommendation of that Digital Asset for any purpose, and should not be used as a substitute for your own understanding of the risks specific to each type of Digital Asset. We make no warranty as to the suitability of the Digital Assets referenced on the Site and assume no fiduciary duty in our relations with you.
Use of the Services, in particular for trading Digital Assets, may carry financial risk. Digital Assets are, by their nature, highly experimental, risky and volatile, and transactions carried through the Services are irreversible, final, and there are no refunds. You acknowledge and agree that you will access and use the Site and the Services at your own risk. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the Services, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, technical ability, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Services or any underlying Digital Asset. You accept all consequences of using the Services, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for, and will in no circumstances be, liable to you in connection with the use of the Services for performing Digital Asset transactions. Under no circumstances will the operation of all or any portion of the Site or the Services be deemed to create a relationship that includes the provision or tendering of business, financial, legal or investment advice.
You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your use of Services, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the Site and Services.
Company must comply with applicable law. Applicable law, regulation, and executive orders may require us to, upon request by government agencies, take certain actions or provide information. Company will respond to compulsory legal process which requires disclosure of information.
You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. The Site and Services may be impacted by interruptions, attacks, hacks, and vulnerabilities in third parties and systems and technology under the control of third parties. You agree to accept the risk of the Services failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site and Services will be uninterrupted. The Site may include inaccuracies, errors, outdated material, omissions, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or the software underlying the Services. Accordingly, you should verify all information on the Site before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we will have no liability for such decisions.
You agree to release and to indemnify, defend and hold harmless Company, as well as its officers, directors, employees contractors, agents, affiliates, subsidiaries and representatives, from and against any and all losses, liabilities, expenses, damages, costs and expenses (including attorneys' fees, fees or penalties imposed by any regulatory authority and court costs) claims or actions of any kind whatsoever arising from or relating to Your use of the Site or Services, Your violation of any term, agreement, condition, or covenant of this Agreement, any party's use of the Site or services with your assistance or encouragement, or using any device, account or access credential, including private key, that you control, Your violation of any law, rule, or regulation, or the rights of any third party, any erroneous or inaccurate price data transmitted by the Site or Services, any vulnerabilities or exploits of the Site, Services, or any underlying technology relied upon by the Site or Services, any of Your acts or omissions that implicate publicity rights, defamation or invasion of privacy, any claims arising from or related to any change in law and from Weaknesses or Exploits in the Field of Cryptography that would affect blockchain systems, risks associated with underlying cryptographic protocols relied upon by You, risk of regulatory actions, risk of exploits of cryptographic technology, risk of price volatility, risk of cybersecurity exploits, a lack of requisite technical knowledge, financial risks, risks of change of law, risks related to operations, changes in law, including tax laws, regulatory inquiries, regulatory actions, or claims that limit any User's ability to access the Services, and agree to indemnify and hold the Company harmless for such risks. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, you agree to cooperate with Company in the defense of such matter.
You acknowledge and agree that you assume full responsibility for Your use of the Site,the Services and the Programs. You acknowledge and agree that any information You send or receive during your use of the Site and Services may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that Your use of the Site, the Services, including any Smart Contracts with which you interact, are Your responsibility and are at Your own risk.
Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
Recognizing such, You understand and agree that, to the fullest extent permitted by applicable law, neither Company nor any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries suppliers or licensors or related entities will be liable to You for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if Company had been advised of the possibility of such damages), resulting (a) from the Site or Services; (b) the use or the inability to use the Site or Service; (c) unauthorized access to or alteration of Your transmissions or data or to any data in our control; (d) statements or conduct of any third party on the Site or Service; (e) any actions we take or fail to take as a result of communications you send to us; (f) human errors or mistakes relating to content on the Site or provided by the Services; (g) technical malfunctions; failures, including public utility, including electric, internet or telephone outages; (h) omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the service); (i) any injury or damage to persons or property, including to computer equipment (to the extent that You could have avoided such damage by following the Company’s advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by the Company); (j) inability to fully access the site or service or any other website; (k) theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; (l) typographical, printing or other errors, or any combination thereof; (m) offensive or defamatory conduct of any third party, or (n) any Site or Services downtime or lack of availability, or any other matter relating to the Site or Service, including any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or Services or the information contained within it.
Under no circumstances shall the Company or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to You for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding GBP100.00. This limitation of liability is an agreed upon contractual term and is not a penalty, and applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to You. This limitation of liability shall apply to the fullest extent permitted by law. If you are a California resident, You waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
The terms implied by sections 3, 4 and 5 of the UK's Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
Some software used in our Services may be offered under an open source license that we will make available to you. Documentation of open source code is available on the Summer.fi Github page. This documentation, including any code shown in it, is licensed under the GNU Affero General Public License version 3 and you agree to abide by the terms of this license.
The "Summer.fi" name, the Summer.fi logo, other related trademarks, and the web domains and URLs are property of Oazo Apps Limited. Using our Services does not give you ownership of any proprietary intellectual property rights in our Services or the content you access. You may not use proprietary content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. You acknowledge that the Company may provide certain personal data and information, including, but not limited to, email addresses, wallets addresses, and Service-related data as described and addressed in Section 14.5 below and the Privacy Policy, to such linked sites, applications and resources that you choose to access. Because Company has no control over such sites, applications and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that, to the extent permitted under applicable law, Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Company may terminate or suspend all or part of the Site and/or Services access immediately, without prior notice or liability, when the Company deems it appropriate in its sole discretion. The Company may limit the availability of the Site or Services to any person, geographic area, or jurisdiction at its sole discretion and may terminate any User's access to the Site and the Services, at any time and in the Company's sole discretion. The Company may suspend or disable Your access to the Site or Services if the Company considers it reasonable to do so, including if You breach any of the terms or conditions of the Agreement. Upon termination of your access, Your right to use the Services will immediately cease. The following provisions of the Agreement survive any termination of these Agreement: INDEMNITY; REPRESENTATIONS, WARRANTIES AND RISKS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; ARBITRATION AND CLASS ACTION WAIVER; USE OF SERVICES.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no express or implied third party beneficiaries to the Agreement.
Please read the following section carefully because it requires you to arbitrate certain disputes with the Company and limits the manner in which you can seek relief from the Company.
You and the Company: (a) waive your right to have any and all disputes or claims arising from or related to this Agreement or the Company (collectively, "Disputes") resolved in a court; and (b) waive your right to a jury trial. Instead, you and the Company covenant and agree that You and the Company (the "Parties") shall resolve Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it, instead of having the Dispute decided by a judge or jury in court). For any IP Relief Claims, you and the Company agree to submit to the personal and exclusive jurisdiction of and venue in the courts of England and Wales. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
You and the Company agree that any Dispute is personal to you and the Company and that any such Dispute shall be brought exclusively in your independent capacity, and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, private attorney general action, or any other type of representative proceeding. Neither Party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Company agree that a Dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and the Company agree that you will notify each other in writing of any Dispute within thirty (30) days of when that Dispute arises ("Notice of a Dispute") so that the Parties can attempt, in good faith, to resolve the Dispute informally. Notice of a Dispute to the Company shall be provided by sending an email to legal@summer.fi and must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. A Notice of Dispute sent by email is deemed received on the date the email is sent. If you and the Company cannot agree to resolve the Dispute within thirty (30) days of the Notice of Dispute, the Dispute shall be referred to and finally resolved by binding arbitration proceedings in accordance with Clause 12.1 below. You and the Company agree that any arbitration must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Company agree that the claim and any relief therefor is permanently barred (which means that you will no longer have the right to assert a claim or to obtain any form of remedy or relief regarding the Dispute).
Any dispute including any question regarding the existence, validity or termination of this Agreement, which is not resolved pursuant to the process in 12.4, above, shall be referred to and finally resolved by arbitration under the LCIA rules, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of this arbitration agreement shall be the law of England and Wales.
Unless the parties agree otherwise, the arbitrarily tribunal may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The rules of, and additional information about, the LCIA are available on the LCIA website athttps://www.lcia.org, as may be updated from time to time. By agreeing to be bound by this Agreement, you either: (a) acknowledge and agree that you have read and understand the LCIA Rules; or (b) waiver your opportunity to read the LCIA Rules and any claim that the LCIA rules are unfair or should not apply for any reason.
This Agreement, any Dispute arising under or in relation to it, and the relationship between you and Company shall be governed by the laws of England and Wales without regard to conflict of law provisions.
You may not use the Site and Services to engage in the following categories of activity ("Prohibited Uses "). The specific types of uses listed below are representative, but not exhaustive. If You are uncertain as to whether or not Your use of the Services involves a Prohibited Use, or have questions about how these requirements apply to You, please contact us at legal@summer.fi. By using the Site or Services, you confirm that You will not use the Site or Services to do any of the following:
This Agreement (and any additional terms, rules and conditions of participation, and the Privacy Policy and the Cookies Policy that may be posted on the Site) constitute the entire agreement with respect to the Services and supersedes any prior agreements, oral or written. In the event of a conflict between this Agreement and the additional terms, rules and conditions of participation, the latter will prevail over the Agreement to the extent of the conflict, except for the following provisions: INDEMNITY; REPRESENTATIONS, WARRANTIES AND RISKS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; ARBITRATION AND CLASS ACTION WAIVER; USE OF SERVICES.
The failure of any entity to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, the Program or the Site must be filed in arbitration consistent with section 12, above, within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Company respects the privacy of the Users.
The Services are being autonomously performed on blockchains, which are inherently transparent and available to Company and any third parties. This includes blockchain addresses, records of current and historical transactions, their volume, prices, and other data and information related to Digital Assets and the Services.
The Company will treat any information about you in accordance with its Privacy Policy, which is incorporated herein by reference. The Privacy Policy provides an outline of the types of data and information about you we may collect or process, which you authorize by agreeing to these Terms of Service.
You are asked to read the Privacy Policy before you use the Site or Services or participate in the Programs. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use or immediately discontinue use of the Site and the Services.
In the event of any conflict or inconsistency between this Terms of Service and any non-English language translation thereof, the terms and provisions of this Terms of Service shall control.
Company may utilize collected data and information about you, addressed above and in the Privacy Policy, to communicate with you regarding the Services. By agreeing to these Terms of Service or availing yourself of the Services, you acknowledge the Company's communications with you.
You acknowledge that you do not provide Company with contact details when accessing the Site or Services, that Company does not routinely hold information that would enable it to connect specific users, including you, to specific contact details, and that Company is under no obligation to contact you in relation to your specific User transactions, User digital assets, or anything else related to your specific use of the Site or Services.
As stipulated in the Privacy Policy, incorporated herein by reference, data provided by you in an email to Company will be used only to answer the contact question or to reply to the email in the best possible manner. To the extent Company does, voluntarily and as a gesture of goodwill, use your contact details that you have provided in correspondence with Company in order to contact you, Company does so without creating any obligation to contact you whether specifically regarding your correspondence or more generally.
Users with questions, complaints or claims with respect to the Services may contact us using the relevant contact information set forth above and at legal@summer.fi.
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