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Terms & Conditions

TERMS AND CONDITIONS

Last updated: January 25, 2022

 

Welcome to Humble! These Terms and Conditions (“Terms”) are entered into by and between you and HumbleFi Ltd. (“HumbleFi”, “we”, “us” and “our”). HumbleFi owns, controls, and operates the platform known as “HumbleSwap”, a decentralized peer-to-peer protocol that lets people create liquidity and trade tokens (the “Protocol”). People can use HumbleSwap to swap tokens or provide assets for swappers in the form of liquidity pools. Swappers typically want to exchange tokens for another, and poolers wish to deposit their assets to earn revenue/fees. HumbleSwap is available at our website, https://www.humble.sh (including all subdomains and related websites owned and operated by HumbleFi, collectively the “Platform”). 

 

Acceptance of Terms

By accessing and using the Platform and/or creating any type of User profile account on the Platform in any manner, including, but not limited to, visiting or browsing the Platform, connecting a wallet to the Platform, swapping or pooling tokens on the Platform, or providing backend development, serving, discovery or governance services for the Platform, you agree to abide by these Terms and Conditions and to comply with all applicable laws and regulations. 

 

If you do not agree with these Terms and Conditions, you are prohibited from using or accessing our Platform or using any other services provided by us. 

 

Your access to and use of the Platform is also conditioned on your acceptance and compliance with the Privacy Policy of HumbleFi. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Platform and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Platform, available here.

 

HumbleFi reserves the right to review and amend any of these Terms at our sole discretion. By continuing use of the Platform after any amendments to these Terms, you agree to abide by the amendments. We encourage you to review these Terms and Conditions carefully and to check these Terms and Conditions periodically for any updates or changes. 

 

User Eligibility 

To access or use the Platform, you must be able to form a legally binding contract with us. Accordingly, you represent that you have the full right, power, and authority to enter into and comply with the terms and conditions of a contract on behalf of yourself and any company or legal entity for which you may access or use the Platform.

 

Furthermore, you represent that you are (i) at least the age of majority in your jurisdiction (e.g., eighteen years old) or (ii) thirteen to seventeen years of age (or any greater age that would still be under the age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) who access and use the Platform with parental/legal guardian permission. 

 

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 (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) 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 the Platform will fully comply with all applicable laws and regulations, and that you will not access or use the Platform to conduct, promote, or otherwise facilitate any illegal activity.

 

Account and Registration 

While you may browse the public-facing portions of the Platform without registering with us, in order to enjoy the full benefits of the Platform, you must first register for and create an account. By creating an account with us, you represent and warrant that you have provided accurate and updated information and you will keep your account password confidential.

 

We reserve the right at our discretion to disable and/or delete your account, if you fail to comply with our Terms or may cause damage to our Platform, infringe or violate the rights of any third party, or violate any laws or regulations.  

 

We do not allow persons under the age of 18 to register on the Platform absent parental consent. 

 

Swapping and Liquidity Tokens; Fees

 

Token swapping is a simple way to trade one token for another. When you select two tokens to swap, one token to input and one token for output, the protocol calculates how much of the token you will receive relative to the token you put in. Once executed, the swap will deposit the output token directly to your wallet.

 

When you swap tokens, you are accessing the pools, which hold balances of the two tokens and also enforce rules around deposits and withdrawals. The rule is the standard constant product formula, x * y = k, where any token withdrawal must be in proportion to the other token deposits in order to maintain the constant, k.

 

When you add liquidity into a pool, you receive pool tokens, or liquidity tokens, which are minted from the contract and sent to your address. These pool tokens represent your share of the contribution to the pool. The proportion of the assets added to the pool are calculated and then sent. 

 

There is a 0.30% total fee for swapping tokens, which consists of 0.25% for poolers and 0.05% for the HumbleSwap Protocol. The 0.25% fee is split by liquidity providers pro-rata for their investment in the pool based on the fees accrued after the liquidity tokens are received.  When a swap is made, the 0.30% fee is immediately deposited into the liquidity pool, which increases the value of the liquidity tokens and functions as the payout to the pool providers.

 

Fees are collected by redeeming liquidity tokens, effectively burning them, which removes a proportional share of the initial pool deposits. When you burn your liquidity pool tokens, you redeem your earned 0.25% fees pro-rata and also the 0.05% protocol fee is paid.

 

Fee percentage is subject to change at the discretion of HumbleFi. 

 

Platform Access

Access to and use of the Platform requires a compatible mobile device/web browser and internet connection. It also requires that HumbleFi have access to your device identifier and location information. HumbleFi cannot guarantee that the Platform will work with all devices.

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. 

 

Your access to the Platform may be interfered with by numerous factors outside of HumbleFi’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. HumbleFi is not responsible for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Platform. In addition, perfect security does not exist on the Internet; HumbleFi cannot and does not guarantee that any registration data or other personally identifiable information submitted to the Platform and selected by you to remain private (as applicable) will not become public under any circumstances.

 

HumbleFi may in the future update the Platform for repair or maintenance purposes or to release and/or change any tools, products, services, functionalities, or features thereof (the “Update”), which will be subject to these Terms and Conditions, and any additional terms and conditions as may apply to such additional versions, tools, products, services, functionalities, or features. Additionally, as a decentralized protocol, users of the Platform may from time to time allow users to become node operators, develop and create new tools, products, services, functionalities, and/or features for the Platform, which will also be subject to these Terms and Conditions, and any additional terms and conditions that may be established in connection therewith.

 

HumbleFi shall not be liable to any user in any way as a result of any temporary or permanent suspension of the Platform or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, HumbleFi is under no obligation to undergo an Update of the Platform to the extent any Platform elements, content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. 

 

Notifications; Contact

By providing HumbleFi with your email address and using the Platform, you hereby affirmatively consent to the use of your email address for notifications from HumbleFi regarding important Platform announcements and other administrative communications related to your use of the Platform, various services and functionalities offered thereon, as well as certain marketing and other advertising communications from HumbleFi and from our third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Platform, your only way to opt out of such messages is to stop using and delete the Platform.

 

Intellectual Property Rights 

The Platform and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of HumbleFi and its licensors. The Platform is protected by copyright, patent, trademark, trade secret and other proprietary rights and laws . Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HumbleFi. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform. You further agree not to engage in or use any data mining, robots, scraping or similar data gathering method on the Platform. All rights not expressly granted are reserved by HumbleFi.  

 

Limitations of Use

By using the Platform, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

 
  • Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Platform;
  • Remove any copyright or other proprietary notations from any materials and software on the Platform;
  • Transfer the materials to another person or “mirror” the materials on any other server;
  • Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service HumbleFi provides;
  • Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • Use the Platform or its associated services in violation of any applicable laws or regulations;
  • Use the Platform in conjunction with sending unauthorized advertising or spam;
  • Harvest, collect, or gather user data without the user’s consent; or
  • Use the Platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

 

You further agree that you are solely responsible for your interactions with other users of the Platform. We reserve the right, but have no obligation, to become involved in your dispute with other users of the Platform.

 

Feedback 

You agree that any questions, comments, suggestions, ideas, feedback, or other information you provided to us are not confidential information and you hereby grant to HumbleFi a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such information as it deems appropriate, for any and all commercial or non-commercial purposes.

 

Suspension or Termination of Access

We reserve the right to investigate complaints or reported violations of the Terms and to take any action HumbleFi deems appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to users’ Account, username, e-mail addresses, usage history, uploaded content, IP addresses, and traffic information.

 

You may terminate these Terms at any time by canceling your Account on the Website and discontinuing your access to and use of the Website. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Platform. You agree that any suspension or termination of your access to the Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. 

 

Notwithstanding the foregoing, all sections of these Terms which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.

 

Open Source Software; Third Party Content and Communications

The Platform may contain certain open source software. Each item of open source software is subject to its own applicable license terms. Some services offered through the Platform (i.e., purchase and use of cryptocurrency-based tokens) may be subject to third party terms and conditions adopted by HumbleFi. Your use of those services is subject to those third party terms and conditions.

 

Furthermore, the Platform may contain links to third-party web sites or services that are not owned or controlled by HumbleFi. HumbleFi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that HumbleFi 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit and/or encounter.

 

Limitation of Liability

HumbleFi and its parents, subsidiaries, affiliates, officers, directors, agents or employees are not liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Platform, whether under a theory of breach of contract, tort, negligence, strict liability, malpractice, any other legal or equitable theory or otherwise, even if HumbleFi has been advised of the possibility of such damages. You hereby release HumbleFi and hold it and its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Platform. You waive the provisions of any state or local law limiting or prohibiting a general release.

 

You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the app, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) the amounts you actually paid us under these Terms in the 12 month period preceding the date the claim arose, or (b) $100.

 

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability also applies with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than HumbleFi and received through the Platform or any linked sites.

 

Indemnification

To the fullest extent permitted by Applicable Law, You will indemnify, defend and hold harmless HumbleFi and its past, present and future employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the Platform or any services, (ii) your responsibilities or obligations under these Terms, (iii) your violation of these Terms, or (iv) your violation of any rights of any other person or entity.

 

We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and HumbleFi.

 

Disclaimers

You expressly understand and agree that your access to and use of the Platform is at your sole risk, and that the Platform is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, HumbleFi, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, HumbleFi provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither HumbleFi nor any of its provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of HumbleFi are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.

 

We will not be responsible or liable to you for any losses you incur as the result of your use of the HumbleFi network or an electronic wallet, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the Platform, the HumbleFi network, or an electronic wallet.

 

We are not responsible for losses due to blockchains or any other features of the HumbleFi network or an electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the HumbleFi network, including forks, technical node issues, or any other issues having fund losses as a result.

 

All smart contracts are conducted and occur through our code, and all transactions are recorded on the decentralized ledger within the blockchain network. For clarity, we have no control over and make no guarantees or promises with respect to the functionality of the blockchain and/or the execution of smart contracts and/or transactions.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Assumption of Risk

Your use of the HumbleSwap Protocol involves various risks, including but not limited to losses while digital assets are being supplied to pools and losses due to the fluctuation of prices of tokens in a trading pair or liquidity pool. By accessing and using the Platform, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens. In particular, you understand that blockchain-based transactions are irreversible. 

 

By using our Platform, you accept and acknowledge each of the following:

 
  • The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your token or other items, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of any tokens or other items on the Platform will not lose money.
  • You are solely responsible for determining what, if any, taxes apply to your HumbleSwap-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Platform or any blockchain.
  • HumbleFi does not store, send, or receive any tokens. This is because any tokens on the Platform exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain in the HumbleFi network. Any transfer of tokens occurs within the supporting blockchain in the HumbleFi network, and not on the Platform.
  • 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, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the HumbleFi network, however caused.
  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of our ecosystem, and therefore the potential utility or value of any tokens on the Platform.
  • The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the ecosystem, and therefore the use of the Platform and any potential utility or value of any tokens on the Platform. 
  • Upgrades by HumbleFi to the HumbleSwap Platform or a change in how transactions are confirmed on the HumbleSwap Platform may have unintended, adverse effects on the platform, including our ecosystem. 
 

Non-Solicitation; No Investment Advice

You agree and understand that all trades and swaps you submit through the Platform are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades and that we do not conduct a suitability review of any trades you submit.

 

All information provided by the Platform is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the Platform. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

 

Non-Custodial; No Fiduciary Duties 

The Platform is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. These Terms are not intended to, and do not, create or impose any fiduciary duties on HumbleFi. 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 these Terms.

 

Accuracy of Materials

The materials appearing on our Platform are not comprehensive and are for general information purposes only. HumbleFi does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

 

Governing Law

The laws of the British Virgin Islands, excluding its conflicts of law rules, shall govern these Terms and your use of the Platform. 

 

European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

 

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT HUMBLEFI AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

 

Waiver And Severability of Terms

Failure by HumbleFi to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right. If any provision of these Terms is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms incorporate by reference any notices contained on the Platform and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Platform and your and other users’ Content.

 

Assignment

HumbleFi may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to anyone else.

 

Contact Us

If you have any questions about these Terms and Conditions, you may contact us:

 
  • By email: support at humble dot sh