From bfa0e8a527d08586246d83bc59e20c1b2a0fcb6c Mon Sep 17 00:00:00 2001 From: moebius <0xmoebius@protonmail.com> Date: Thu, 27 Feb 2025 16:55:05 -0700 Subject: [PATCH] docs: add terms of use --- docs/docs/toc.md | 558 +++++++++++++++++++++++++++++++++++++++++++++++ docs/sidebars.ts | 1 + 2 files changed, 559 insertions(+) create mode 100644 docs/docs/toc.md diff --git a/docs/docs/toc.md b/docs/docs/toc.md new file mode 100644 index 0000000..055f062 --- /dev/null +++ b/docs/docs/toc.md @@ -0,0 +1,558 @@ +--- +title: Terms of Use +--- + +Effective Date: March 1st, 2025 + +PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS", "TERMS OF +USE"), WHICH ALONG WITH OUR [PRIVACY +POLICY](https://docs.google.com/document/d/1JhQ_6U39GXau6os9tRKMHc8LPPXd3-diTqGFbXqPieQ/edit?tab=t.0) 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. diff --git a/docs/sidebars.ts b/docs/sidebars.ts index 366fa2d..7c901f5 100644 --- a/docs/sidebars.ts +++ b/docs/sidebars.ts @@ -68,6 +68,7 @@ const sidebars: SidebarsConfig = { items: ["reference/contracts", "reference/circuits", "reference/sdk"], }, "dev-guide", + "toc", ], };