---
title: Terms of Use
---

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS", "TERMS OF
USE"), WHICH ALONG WITH OUR [PRIVACY
POLICY](./privacy-policy.md) AND ALL SUPPLEMENTAL TERMS THAT MAY BE PRESENTED TO YOU FOR YOUR
REVIEW AND ACCEPTANCE (COLLECTIVELY, THE "AGREEMENT") CONSTITUTE THE
AGREEMENT BETWEEN YOU OR ANY ENTITY ON WHOSE BEHALF YOU ACCESS OR USE
THE FUNCTIONALITIES AVAILABLE ("USER" OR "YOU"), AND OXBOW LTD.
("OXBOW", "WE", "US"). THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT
CONCERNING THE WEBSITE AND FUNCTIONALITIES BETWEEN THE PARTIES AND IT
SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN
THE PARTIES. OXBOW AND USER ARE HEREINAFTER JOINTLY DEFINED AS THE
"PARTIES" OR INDIVIDUALLY A "PARTY".

BY ACCESSING THE WEBSITE OR USING THE FUNCTIONALITIES, YOU ARE ACCEPTING
AND AGREEING TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. YOU AGREE TO
THESE TERMS PERSONALLY AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL
ENTITY THAT YOU REPRESENT OR THAT YOU NAME AS THE USER WHEN YOU ACCESS
THE WEBSITE OR FOR THE FUNCTIONALITIES. WHEN INTEGRATING OXBOW'S
FUNCTIONALITIES ("FUNCTIONALITIES"). YOU REPRESENT AND WARRANT THAT YOU
HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND
TO BIND ANY SUCH COMPANY OR LEGAL ENTITY TO THIS AGREEMENT. IF YOU DO
NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT
ACCESS AND/OR USE OXBOW'S FUNCTIONALITIES.

0xbow Limited (hereinafter "0xbow", "we", or "us") maintains the website
privacypools.com (the "Website"), our software, data, content,
information, tools, functionality, updates, and similar materials that
may be provided by us from time to time (collectively, the
"Functionality"), subject to your acknowledgement, agreement and
compliance with the conditions set forth in this Agreement. 

This Agreement is subject to change. If this Agreement changes, we will
let you know by posting the revised Agreement on the website and/or
otherwise making you aware of the changes. Your continued access and use
of our Functionalities following our notice of changes to this Agreement
(or other method of legal acceptance) means you accept such changes.
Please refer to the "Effective Date" date above to see when this
Agreement was last updated.

1.  **Right to Access:**

**You must agree and comply** with the conditions of this Agreement, and
we will grant you a limited, revocable, non-assignable,
non-transferrable, non-sublicensable, non-exclusive right to access,
receive, and access the website and use of the Functionalities. No
rights not explicitly listed are granted.

2.  **Overview**

0xbow offers an API for third parties to verify whether a particular
wallet address is or is not identified as associated as high-risk or on
a sanctions list. Access to the Association Set requires the user to
provide certain information for 0xbow to conduct appropriate due
diligence on the user's wallet address ("Proof of Association"). If the
user's wallet address passes 0xbow's due diligence process, the Proof of
Association will be published by 0xbow ("Whitelisted") for Ethereum
privacy pools ("Pools\"). 0xbow will have the discretion to remove any
wallet address from the Proof of Association at any time.

If 0xbow detects that a wallet address was mistakenly added to the
Whitelist, 0xbow will remove the wallet's Proof of Association. User'a
wallet address will undergo 0xbow's due diligence process each time a
deposit is made into the Privacy Pool. A minimum deposit amount will be
required and enforced by the smart contract for all users. For example,
the minimum deposit amount will be 0.1 ETH for the ETH Pool on Ethereum
mainnet. However, the minimum amount may vary for each Privacy Pool
deployment based on the type of asset and chain on which the Pool is
deployed. The deposit amount may be updated from time to time at 0xbow's
discretion.

Users whose wallet address is not Whitelisted may withdraw their deposit
to their deposit address - this process may reveal certain aspects of
the transaction publicly. Users that fail 0xbow's due diligence process
risk their wallet address being associated with other high-risk and/or
sanctioned wallet addresses. In these instances, users will not be
included in the Proof of Association.

3.  **Eligibility:**

    A.  In order to be eligible to access and use the Features, you
        represent and warrant that:

        1.  You are at least eighteen (18) years old and capable of
            forming a binding legal relationship with 0xbow.

        2.  You have the requisite capacity, power, and authority to
            accept these Terms and to carry out and perform its
            obligations under these Terms. These Terms constitute a
            legal, valid, and binding obligation enforceable against you
            in accordance with these Terms.

        3.  You are not and must not be under any sanctions imposed or
            enforced by any **relevant national or international
            authority, nor should you be listed on any roster of
            prohibited or restricted entities, inclusive of, but not
            limited to, those maintained by the United States'
            Department of the** Treasury's Office of Foreign Assets
            (OFAC), including, but not limited to, Cuba, Democratic
            People's Republic of Korea (DPRK), Iran, Syria, or the
            following Russian-occupied regions: Crimea, Donetsk, and
            Luhansk.

        4.  You understand that certain jurisdictions are restricted
            from accessing the Features. These jurisdictions include
            Cuba, Democratic People's Republic of Korea**,** Iran,
            Syria**,** or the following Russian-occupied regions:
            Crimea, Donetsk, and Luhansk. You understand that this list
            of restricted jurisdictions may be updated from time to time
            at 0xbow\'s discretion.

        5.  Prohibited Activity:

            1.  You agree to use the Features for its intended purpose
                and will not engage in, or attempt to engage in,

                a.  hacking, gaining unauthorized access or introducing
                    any kind of malicious code to it;

                b.  reverse engineer or decompile (whether whole or in
                    part) any software available through it that exceeds
                    the terms of this Agreement and the designated Open
                    Source License
                    (https://github.com/0xbow-io/privacy-pools-core,
                    Apache License);

                c.  making copies, modify, reproduce, transmit, alter or
                    distribute all or any part of the Features or any
                    material information contained in it that exceeds
                    the terms of terms of this Agreement and the
                    designated Open Source License
                    (https://github.com/0xbow-io/privacy-pools-core,
                    Apache License);

                d.  use them for any purpose that is unlawful;

                e.  offering illegal or controlled products or services
                    including, without limitation, firearms, explosives,
                    dangerous materials, drugs, pornography, illegal
                    gambling, human trafficking, wildlife trade,
                    products and services derived from endangered or
                    threatened species, or other activities which may be
                    considered illegal, dangerous or harmful;

                f.  shall not and will not allow restricted persons to
                    use a virtual private network (e.g., a VPN) or other
                    means to inappropriately/evasively access it; or

                g.  use them in any manner that disrupts their
                    operation.

4.  **Important Notices**

We do not manage, control, or operate the underlying Privacy Pools
protocol. Users access or use of Privacy Pools is independent of 0xbow.
0xbow takes reasonable efforts to ensure that users may access the
website and Features at all times, we do not represent or warrant that
access will be error-free or uninterrupted, or without defect, and we do
not guarantee that you will be able to access or use the website, or its
features, at all times. 

We do not represent or warrant the accuracy or completeness of any
Content provided by any user.

We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the website or its
functionalities, or any part thereof, with or without notice.

The website may contain typographical errors or inaccuracies, and may
not be complete or current. We reserve the right, but we are not
obligated, to correct any such errors, inaccuracies or omissions and to
change or update information at any time without prior notice.

5.  **Payments and Cancellations**

The risk management and due diligence Features require a payment of 0.5%
of each deposit a user proposes to submit to a Privacy Pool (each, a
"Vetting Fee"). The Vetting Fee may be subject to change at 0xbow's
discretion. Except as otherwise agreed by 0xbow, the user's deposit
would be included in the appropriate Privacy Pool minus the Vetting Fee.

Fees and other charges do not include federal, local, foreign, or
similar transaction taxes ("Taxes") now or hereafter levied, all of
which shall be your responsibility. 0xbow does not provide legal,
regulatory, financial, investment or tax advice. YOU MAY STOP ACCESSING
THE WEBSITE OR USING THE FUNCTIONALITIES AT ANYTIME. HOWEVER, ANY
DETERMINATIONS THAT OXBOW MAKES RELATED TO WHITELISTED ADDRESSES AND/OR
COMMUNICATES TO USERS OR IS REFLECTED ON OUR WEBSITE OR ONCHAIN SHALL
SURVIVE ANY DEPOSIT OR WITHDRAWAL YOU MAKE. All Vetting Fees are
non-refundable.

6.  **Rules of Conduct**

Your access to the Website and use of the Functionalities is conditioned
on your acknowledgement and compliance with the terms of this Agreement,
including but not limited to these rules of conduct.

You represent and warrant:

-   that the information that you provide to 0xbow is complete, accurate
    and true, and agree to update it as necessary or as may be requested
    from time to time at 0xbow's discretion;

-   that you, and if applicable the business or entity that you
    represent, have/has the express, informed consent of any person(s)
    whose personal or contact information that you will provide us;

-   you, and if applicable the business or entity that you represent,
    are/is licensed and qualified to post, upload, communicate with us
    about, and make decisions based upon, the materials or information
    that you make available, or that is otherwise requested by 0xbow, as
    required by applicable law, regulation and best industry standards;
    and

You are solely responsible for any and all of the actions you take, or
decisions that you make, relating to or arising from your access to the
Website or use of the Functionalities available.

You further agree that you will not do any of the following:

-   modify, adapt, translate, copy, reverse engineer, decompile or
    disassemble any portion of the Website or Functionalities;

-   interfere with or disrupt the operation of the Website or
    Functionalities, including restricting or inhibiting any other
    person from using same by means of hacking or defacing;

-   transmit to or make available any denial-of-service attack, virus,
    worm, Trojan horse or other harmful code or activity;

-   attempt to probe, scan or test the vulnerability of a system, a
    network, or to breach security or authentication measures without
    proper authorization;

-   take any action that imposes, or may impose, in our sole discretion,
    an unreasonable or disproportionately large load on our
    infrastructure;

-   harvest or collect the email address, contact information, or any
    other personal information of other users;

-   use any means to crawl, scrape or collect content from the Website
    or the Functionalities via automated or large group means;

-   submit, post or make available false, incomplete or misleading
    information to us, or otherwise provide such information to us;

-   breach any agreements that you enter, or have entered, into with any
    third parties;

-   stalk, harass, injure, or harm yourself or another individual, or
    attempt to do any of the foregoing;

-   direct or encourage another user or individual,to do something that
    is unsafe, or that a similarly situated, reasonable person wouldn't
    have an expectation of safety; or

-   impersonate any other person or business.

We reserve the right, in our sole discretion, to protect our users from
violators and violations of these rules of conduct, including but not
limited to restricting your access to the Website or our
Functionalities, immediately terminating your access to the Website or
use of our Functionalities, blocking certain IP addresses from accessing
the Website or our Functionalities. Notwithstanding the foregoing, our
unlimited right to terminate your access to the Website or our
Functionalities shall not be limited to violations of these rules of
conduct.

7.  **Intellectual Property**

All rights to the Website and Features are either the property of 0xbow
or are open source software:
https://github.com/0xbow-io/privacy-pools-core, Apache License. Any
existing intellectual property rights such as copyrights, trademark
rights and other intellectual property rights are the exclusive property
of 0xbow.

8.  **Data Collection and Use**

You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us in alignment with
these Terms.

9.  **Links and Third-Party Content**

The Website may contain links to third-party websites, services, and
materials. . Such links are provided for informational purposes only,
and we do not endorse any third-party website or services through the
provision of such a link.  All third party websites may have their own
terms and privacy policies which user must adhere to if accessing and
using those third party websites or features.

10. **Limited Warranty**

    a.  You acknowledge and agree that except as set forth in these
        Terms, the Features are provided on an "as is" basis with faults
        and without warranty of any kind.

    b.  We make no representation or warranty that the Features will
        comply with any obligations that User may have under any
        applicable Laws, rules, regulations, or similar obligations and
        we shall not have any liability or be responsible for any
        damages, liabilities, losses, costs, out-of-pocket costs or
        expenses (including attorneys' fees), whether direct, indirect,
        special, incidental, consequential, punitive or otherwise of any
        kind arising out of, in connection with or relating to the
        User's compliance with any obligations under any applicable
        laws, rules, regulations, or similar obligations. Without
        limiting the foregoing, 0xbow does not represent or warrant
        that (i) the Features will be error free, uninterrupted or
        available at all times; or (ii) that the Features will remain
        compatible with, or operate without interruption on, any
        equipment provided by User.

    c.  User acknowledges and agrees that technical problems may prevent
        0xbow from providing all or any part of the Features. 0xbow
        makes no warranties and the User receives no warranties, whether
        express, implied or statutory, regarding or relating to the
        Features and 0xbow hereby specifically disclaims, overrides and
        excludes to the fullest extent permitted by Law, all implied
        warranties of merchantability, satisfactory quality, fitness for
        a particular purpose and all other warranties, conditions, other
        contractual terms, representations, indemnities and guarantees
        with respect to the Features, whether express, implied or
        statutory, arising by Law, custom, prior oral or written
        statements by 0xbow or any of its agents or affiliates or
        otherwise (including but not limited to, as to title,
        satisfactory quality, accuracy, completeness, uninterrupted use,
        noninfringement, timeliness, truthfulness, sequence and any
        implied warranties, conditions and other contractual terms
        arising from transaction usage, course of dealing or course of
        performance).

    d.  User acknowledges and agrees that 0xbow has no control over the
        underlying protocol or privacy pool infrastructure. User further
        acknowledges and agrees that 0xbow has no control or custody of
        user or third party digital assets (or any type of funds). As
        such, User acknowledges and agrees that 0xbow will have no
        liability for any determination made, communicating that
        determination to the User or third party in relation to any
        movement of digital assets, cryptocurrency, funds, etc.
        including User's ability or inability to deposit or withdraw any
        digital asset from the privacy pool or elsewhere.

11. **Indemnification**

 You will indemnify and hold harmless 0xbow, our affiliates and service
 providers, and their respective officers, directors, employees and
 agents (together, the "Released Parties"), from and against any
 claims, disputes, demands, liabilities, damages, losses, and costs and
 expenses, including, without limitation, reasonable legal and
 accounting fees arising out of or in any way connected with (i) your
 access to the Features and (ii) your violation of these Terms.

12. **Limited Liability**

    a.  You acknowledge and agree that 0xbow shall, to the extent
        possible permitted by law, not have any liability in or be
        responsible for any damages, losses, costs, out of pocket costs
        or expenses (including attorneys' fees), whether direct,
        indirect, special, incidental, consequential, punitive or
        otherwise of any kind (including, without limitation, any loss
        of revenue, loss of actual or anticipated profits, loss of
        contracts, loss of the use of money, loss of anticipated
        savings, loss of business, loss of opportunity, loss of
        goodwill, loss of reputation, or loss of, damage to or
        corruption of data), in each case arising under or related to
        claims of breach of contract, tort, including negligence, strict
        liability, negligent mistreatment, restitution, breach of
        statutory duty or any other cause of action whatsoever with
        respect to these Terms, the Features, or any other matter
        contemplated hereby.

    b.  Notwithstanding anything to the contrary herein and without
        limiting the foregoing, User acknowledges and agrees, that 0xbow
        shall not be held liable for: any loss or theft of digital
        assets including, but not limited to private keys; transaction
        errors done by the User; late execution or settlement of any
        transaction whatsoever; the incorrect booking of transactions or
        the presence of an error in ordering the booking of transactions
        in a blockchain; any security breach or weakness, bug, of any
        kind for a digital asset; any security breach or weakness, bug,
        of any kind in the technology stacks used including but not
        limited to programming languages and open-source libraries; any
        configuration or installation errors by the User.

    c.  0xbow makes no warranties or representations, express or
        implied, about linked Third Party Services, assets available
        through them, or the suitability, privacy, or security of their
        products or services. User acknowledges sole responsibility for
        and assumes all risk arising from the use of Third Party
        Services, third-party websites, applications, or resources.
        0xbow shall not be liable under any circumstances for damages
        arising out of or in any way related to software, products,
        services, and/or information offered or provided by
        third-parties and accessed through any of the Features.

    d.  User agrees to indemnify and hold 0xbow harmless from any claim
        or demand, including reasonable attorneys' fees, made by any
        third party due to or arising out of an (a) any application's
        policy and its data protection/privacy practices, (b)
        information provider's implementation of any policy and its data
        protection/privacy practices, and (c) user or third party's
        validation of any transaction.

13. **Dispute Resolution**

    a.  By voluntarily accepting these Terms, User agrees to the fullest
        extent permitted by law to resolve any claims arising out of,
        relating to, or in connection with the Terms or the Features,
        including but not limited to use of the Features, through final
        and binding mediation and arbitration.

    b.  The Parties hereby waive their respective rights to a jury trial
        in any future action or proceeding and agree that any dispute or
        claim arising to or in any way related to this Agreement may be
        settled by arbitration in Delaware. The Parties agree that any
        arbitration will be administered by Judicial Arbitration &
        Mediation Services, Inc. ("JAMS") pursuant to its Comprehensive
        Arbitration Rules & Procedures (the "JAMS Rules") using a single
        arbitrator. The Parties agree that the arbitrator shall have the
        power to decide any motions brought by any Party to the
        arbitration, including motions for summary judgment and/or
        adjudication and motions to dismiss and demurrers, prior to any
        arbitration hearing. The Parties agree that the arbitrator shall
        issue a written decision on the merits. The Parties agree that
        the arbitrator shall administer and conduct any arbitration in a
        manner consistent with the JAMS Rules, and that the arbitrator
        shall apply substantive and procedural Delaware law to any
        dispute or claim, without reference to rules of conﬂict of law.
        To the extent that the JAMS Rules conﬂict with Delaware law,
        Delaware law shall take precedence. In the event the Parties
        agree that the total amount in controversy is not more than
        \$75,000, subject to JAMS\' Streamlined Arbitration Rules and
        Procedures, the Parties agree to conduct such arbitration
        proceeding telephonically or via Zoom. Within reasonable
        limitations and acknowledging each Party\'s desire to have
        limited discovery proceedings, the scope and duration of
        discovery will be within the sole discretion of the arbitrator.
        Subject to liability limitations stated here in this Agreement,
        the arbitrator may grant any remedy or relief available under
        applicable law, including, without limitation, injunctive relief
        and speciﬁc performance. The arbitrator's decision or award
        shall be fully enforceable and subject to an entry of judgment
        by a court of competent jurisdiction. The arbitrator shall not
        have the power to commit errors of law or legal reasoning, and
        the commission of an error of law or legal reasoning shall be
        grounds for vacating or correcting the award. Each Party shall
        pay the fees of their respective attorneys and any other
        expenses connected with the arbitration, but all other costs of
        this arbitration, including the fees of the arbitrator, cost of
        any record or transcript of the arbitration, administrative
        fees, and other fees and costs, shall be shared equally by the
        parties. The party losing the arbitration shall reimburse the
        party who prevailed for all expenses the prevailing party paid
        pursuant to the preceding sentence and for all reasonable
        attorneys' fees (as determined by the Arbitrator) incurred by
        the prevailing party in connection with the arbitration
        proceeding. A demand for arbitration shall be made within a
        reasonable time after the claim, dispute, or other matter has
        arisen, and in no event shall such demand be made after the date
        when institution of legal or equitable proceedings based on such
        claim, dispute, or other matter in question would be barred by
        the applicable statute of limitations. The decision of
        arbitrators shall be rendered within sixty (60) days of
        submission of any claim or dispute, shall be in writing and
        mailed to all the parties included in the arbitration. The
        decision of the arbitrator shall be binding upon the parties and
        judgment in accordance with that decision may be entered in any
        court having jurisdiction thereof.

14. **Governing Law and Jurisdiction**

 These Terms and any action related thereto will be governed by the
 laws of the state of Delaware without regard to its conflict of laws
 provisions. The exclusive jurisdiction for all disputes will be in
 Delaware, and you and 0xbow each waive any objection to such
 jurisdiction and venue.

15. **Force Majeure**

 0xbow shall not incur any liability or penalty for not performing any
 act or fulfilling any obligation hereunder by reason of any occurrence
 that is not within its control (including any provision of any present
 or future law or regulation or any act of any Governmental Authority,
 any act of God or war or terrorism, or the unavailability, disruption
 or malfunction of the Internet, the World Wide Web or any other
 electronic network, the Ethereum Network, or any aspect thereof, or
 any consensus attack, or hack, or denial-of-service or other attack.
 It being understood that 0xbow shall use commercially reasonable
 efforts, consistent with accepted practices in the industries in which
 0xbow operates, as applicable, to resume performance as soon as
 reasonably practicable under the circumstances.

16\. **Severability**

 If any provision of this Agreement is found for any reason to be
 unlawful, void or unenforceable, then that provision will be given its
 maximum enforceable effect, or shall be deemed severable from this
 Agreement and will not affect the validity and enforceability of any
 remaining provision.

17\. **Revisions**

 In the event that we update this Agreement, you will be notified
 through the Website or other appropriate Functionality and may be
 required to re-affirm the updated Agreement using the method we will
 specify.

18\. **No Partnership**

 You agree that no joint venture, partnership, employment, or agency
 relationship exists between you and us as a result of this Agreement
 or your access or use of the Website or Functionality.

19\. **Assignment**

 We may assign our rights under this Agreement, in whole or in part, to
 any person or entity at any time with or without your consent. You may
 not assign the Agreement without our prior written consent, and any
 unauthorized assignment by you shall be null and void.

20\. **No Waiver**

 Our failure to enforce any provision of this Agreement shall in no way
 be construed to be a present or future waiver of such provision, nor
 in any way affect the right of any party to enforce each and every
 such provision thereafter. The express waiver by us of any provision,
 condition or requirement of this Agreement shall not constitute a
 waiver of any future obligation to comply with such provision,
 condition or requirement.

21\. **Notices**

 All notices given by you or required under this Agreement shall be in
 writing and addressed to support@0xbow.

22\. **Equitable Remedies**

 You hereby agree that we would be irreparably damaged if the terms of
 this Agreement were not specifically enforced, and therefore you agree
 that we shall be entitled, without bond, other security, or proof of
 damages, to appropriate equitable remedies with respect to breaches of
 this Agreement, in addition to such other remedies as we may otherwise
 have available to us under applicable laws.

23\. **Entire Agreement**

 This Agreement, including the documents expressly incorporated by
 reference, constitutes the entire agreement between you and us with
 respect to the Service, and supersedes all prior or contemporaneous
 communications, whether electronic, oral or written.

Copyright © 0xbow Limited. All rights reserved.
