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---
title: Privacy Policy
---
# Privacy Policy and Cookies Statement
This **Privacy Policy and Cookies Statement** ("**Policy**") describes how **0xbow Ltd**. and its affiliated companies (referred to in this document as "**0xbow**," "we," "us" or "our") collects, uses, shares and otherwise processes Personal Data (defined below) including:
Visitors to our website(s), mobile applications, and other online properties ("**Site**" or "**Sites**"); and
Any other individual about whom 0xbow may obtain Personal Data.
In this Privacy Policy, "Personal Data" means information that (either in isolation or in combination with other information held by 0xbow) enables you to be identified as an individual or recognized directly or indirectly. We may collect Personal Data when you use our Sites.
## Overview
Unless we specifically state otherwise, 0xbow is the data processor of the Personal Data we process, and is therefore responsible for ensuring that the systems and processes we use are compliant with data protection laws, to the extent applicable to us. 0xbow personnel are required to comply with this Privacy Policy and complete data protection training, where appropriate.
## Collection of Personal Data
0xbow collects information that you provide directly or indirectly to us when you use our functionalities or browse our Site. We also collect data provided by job applicants or others on our Sites or offline means in connection with employment or consulting opportunities, which may also be subject to other Policies. We may also collect Computer Internet Protocol ("**IP**") address, unique device identifier ("**UDID**"), cookies, web beacons, web server logs and other technologies and other data linked to a device, and data about usage of our Sites ("**Usage Data**"). A "cookie" is a text file that websites send to a visitor's computer or other Internet-connected device to identify the visitor's browser or to store information or settings in the browser. A "web beacon," also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.
Other types of information we may collect include your name, email address, username, password, phone number, location and any other information you choose to provide. We may use these automated technologies to collect information about your equipment, browsing actions, and usage patterns. The information we obtain in this manner may include your device IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Site.
0xbow may require certain information from time to time for purposes of meeting its due diligence requirements specifically to comply with anti-money laundering and countering financing of terrorism obligations.
## Use of Personal Data
We use the Personal Data that we collect:
**To make our products and Sites more intuitive and easier to use** we use device data, cookies and other information that you may provide. This data is necessary for our legitimate business interests in monitoring how our products and Sites are used to help us improve these products and Sites, and the information and tools available on these products and Sites.
To provide **relevant marketing** including providing you with information about events or services that may be of interest to you. It is necessary for our legitimate business interests to process this information in order to provide you with tailored and relevant marketing, updates and invitations.
To **consider individuals for employment and contractor opportunities and manage on-boarding processes** we use job applicant data. The processing is necessary for the purposes of recruitment and on-boarding.
To carry out any other legitimate purpose for which the information was collected.
We may also use automated technologies to sense, detect or collect information about your equipment, browsing actions, and usage patterns. The information we obtain in this manner may include your device IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Site. The information we collect through cookies and similar technologies helps 0xbow (1) remember your information so you will not have to re-enter it; (2) understand how you use and interact with our products and website; (3) measure the usability of our products and website and the effectiveness of our communications; and (4) otherwise manage and enhance our products and website, and help ensure they are working properly. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our website.
## How we share your information
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of us or any third-party;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company;
With your consent or at your direction; and
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
## Legal Bases For Processing (For EEA and other Users)
**Specific provisions for EU-residents:** This Section 6 applies to you, if you are from the European Union. 0xbow adopted the following provisions, to comply with the EU 2016/679 Directive General Data Protection Regulation ("GDPR"), pursuant to which 0xbow will be considered as a "Data Controller" with respect to our use of Personal Information of resident of the European Union.
**Legal Basis**. We base our processing of any personal data as "Data Controllers" based on the following lawful grounds: 0xbow relies, primarily, on your consent to the terms of this Policy and the terms set forth under our [Terms of](https://www.dynamic.xyz/terms-conditions) Use, as a legal basis for processing:
any Personal Information related to you or communicating any other promotional material
may collect and use your Personal Information when it is necessary for one of the legitimate uses set out in Section 3 above, which we believe are not overridden by your fundamental rights.
may process your Personal Information to comply with a legal obligation and to protect our users' vital interests. If, at any time, you wish to exercise your rights in accordance with the provisions provided by law (including as provided under Section 12 of this Policy) you may send us an email to via support@0xbow.io and request: to access your Personal Information together with information about how, and on what basis, such information is being processed. Should you desire to receive such information in a different format than the one that was provided to you, you can contact us via support@0xbow.io and we shall use commercially reasonable efforts to accommodate your request, if applicable; rectify any of the Personal Information being held when such information is inaccurate; to delete or restrict access to your Personal Information in limited circumstances as described under the GDPR. Please note that if we need to delete any Personal Information related to you, as per your request, it can take time until we completely delete residual copies of such data from our servers and backup systems.
to withdraw your consent to the processing of your Personal Information. However, please note that exercising this right will not affect the lawfulness of any previous processing activities based on consent that was lawfully obtained before its withdrawal.
to obtain and reuse your Personal Information for your own purposes across different services, as part of your right to data portability.
Please note that you have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA). If you have any concerns with respect to our methods of processing any Personal Information related to you, or if you wish to withdraw your consent, for any reason, kindly let us know by sending an email to support@0xbow.io. If you reside in a country from the European Economic Area, then, by agreeing to the terms of this Policy, you agree to 0xbow sharing your Information outside of the European Economic Area. These transfers are subject to special rules under data protection laws. If this happens, we will ensure that the transfer will be compliant with data protection law and all personal data will be secure. Our standard practice is to use 'standard data protection clauses' which have been approved by the European Commission for such transfers. We shall not charge you for requesting to exercise any of the aforementioned rights.
## Specific provision for California residents.
This Section 7 applies to you only if you reside in the State of California, United States. 0xbow adopted the following provisions to comply with the California Consumer Privacy Act ("CCPA") and any terms defined in the CCPA have the same meaning when used in this Section 7.
The following categories reflect the type of personal information which 0xbow has collected within the last twelve (12) months:
Identifiers and Personal information as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), for example, first names, surnames, telephone numbers, address, online Identifier, Internet Protocol address, business or private email addresses, account usernames, as well as Personal Information as such term is defined in this Policy.
Electronic network activity information, including, but not limited to, browsing history and any additional information related to your interaction with our Service.
0xbow has obtained such information as set forth in Section 7.1 above and Personal Information as provided under Section 1.1 above (for the purpose of this Section 7, the "Personal Data").
0xbow may use the Personal Data it collects or receives for its legitimate interests (as set out in Section 3 above), which 0xbow believes are not overridden by your fundamental rights. 0xbow may also disclose such Personal Data to third parties for its legitimate purposes as described in Section 5 above.
In the preceding twelve (12) months, 0xbow has disclosed the following Personal Data for our business purposes:
Identifiers (including your name, email address, profession).
Personal Data's categories as listed in the California Customer Records statute).
Inferences.
Identifiers and Personal information as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), for example, first names, surnames, telephone numbers, address, online Identifier, Internet Protocol address, business or private email addresses, account usernames, as well as Personal Information as such term is defined in this Policy.
Electronic network activity information, including, but not limited to, browsing history and any additional information related to your interaction with our Service.
0xbow has obtained such information as set forth in Section 7.1 above and Personal Information as provided under Section 1.1 above (for the purpose of this Section 7, the "Personal Data").
0xbow may use the Personal Data it collects or receives for its legitimate interests (as set out in Section 3 above), which 0xbow believes are not overridden by your fundamental rights. 0xbow may also disclose such Personal Data to third parties for its legitimate purposes as described in Section 5 above.
In the preceding twelve (12) months, 0xbow has not sold any of your Personal Data.
Your rights as a California Resident. You are entitled to request the following specific rights under the CCPA, solely with respect to Personal Data related to you:
Request to know (a) what categories and specific components of Personal Data we collect about you and from which sources; (b) categories of Personal Data that we disclosed for the purpose described in Section 5 above, and the categories of third parties with whom we have shared any particular category of your Personal Data. If we disclose any of your Personal Data to a third-party, we will provide you, after authenticating your identity, with a list that will identify the specific category of your Personal Data which was disclosed.
Request that we delete any Personal Data we collect about you. After authenticating your identity, we will delete (and direct our service providers to delete) any Personal Data related to you from our records, unless an exception applies. Please note that if we need to delete any Personal Data related to you following your request, it can take time until we completely delete residual copies of Personal Data from our servers and backup systems.
Instruct us not to sell any Personal Data related to you that was collected by us.
You have the right not to be discriminated against by 0xbow, for exercising your rights under the CCPA.
If you have any concerns about how we process Personal Data related to you, or if you wish to withdraw your consent, for any reason, kindly let us know by sending an email to support@0xbow.io. Please note that exercising this right will not affect the lawfulness of any previous processing activities based on consent that was lawfully obtained before its withdrawal. Also, please note that 0xbow shall not charge you for requesting to exercise any of the rights set forth in this Section 3.
## Transfer of Personal Data To Other Countries
We may transfer your Personal Data to countries outside of your country of residence, including, but not limited to the European Economic Area ("EEA") and the United States. Personal Data is not processed outside of the countries listed in this Privacy Policy.
## How We Protect Your Information
Protecting your information is important to us. We maintain administrative, technical and physical safeguards designed to protect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use of Personal Data.
## How Long We Retain Your Information
We strive to only keep your Personal Data only for the period of time needed for legitimate business purposes. In certain circumstances, however, legal or regulatory obligations may require us to retain records for longer than we otherwise would.
## Children's Information
Our Services are not directed to children under the age of 18. If you learn that a child under the age of 18 has provided us with personal information without consent, please contact us.
## Your Rights
If you are resident in countries with applicable data privacy laws you have the right, subject to certain exceptions, to request a copy of the Personal Data we are processing about you, to require that any incomplete or inaccurate Personal Data is amended, to request that we delete your Personal Data (although we may not be able to delete certain data due to legal or other obligations), to object to the use of your Personal Data or to withdraw consent. You may also have a right to lodge a complaint with the local data protection authority if you believe that we have not complied with the applicable data protection laws. You may also contact us to address and resolve concerns you may have about our use of your Personal Data. Please contact us at support@0xbow.io.
## Changes To This Privacy Policy
We reserve the right to change and update this Privacy Policy from time to time. If we make changes, you will be notified of the change by the date at the top of Privacy Policy, which will reflect the last date updated.
## Third-Party Services, Applications, and Websites
Certain third-party services, websites, or applications you use, or navigate to from our Services may have separate user terms and privacy policies that are independent of this Policy. This includes, for example, websites owned and operated by our customers or partners. We are not responsible for the privacy practices of these third-party services or applications. We recommend carefully reviewing the user terms and privacy statement of each third-party service, website, and/or application prior to use.

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---
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.

View File

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