Yieldly Limited and/or its related entities (“Yieldly”, “we” or “us”) is the operator and owner of this website, app, platform and related services made available under the Yieldly name (together, the “Platform”).
We do not provide any investment, financial, legal, regulatory, accounting, tax or similar professional advice on the Platform. Blockchain, cryptocurrency, tokens, staking and prize game transactions involve a high degree of risk and there is always the possibility of loss, including the loss of digital currency and assets.
You acknowledge that staking, using, buying, selling and trading in blockchain, cryptocurrency and token assets is significantly risky and is unregulated by any central or government authority. You warrant that you understand the risks associated with access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform.
Use of Platform
You may only access and use this Platform if you are at least 18 years old and having the legal capacity to enter into a binding contract. By using the Platform and/or accepting any services, you warrant that you are at least 18 years old and having the legal capacity to enter into a binding contract.
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers”, to access the Platform in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
- Transmitting spam, chain letters, or other unsolicited email;
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Platform;
- Collecting or harvesting any personally identifiable information, including account names, from the Platform;
- Using the Platform for any commercial solicitation purposes;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of the Platform;
- Accessing any content on the Platform through any technology or means other than those provided or authorised by the Platform; or
- Bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.
Assumption of Risk and Responsibility
As part of the Platform, we provide access to a decentralised finance and reward tool on the Algorand blockchain that allows registered users to use Algorand assets (“Assets”) to participate in staking and prize game transactions on the Platform (“Staking Transactions”).
You acknowledge that access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform, including Staking Transactions, is subject to significant risks, including without limitation the following risks:
- That your participation in Staking Transactions is entirely your own responsibility / liability;
- The risk of loss, including the loss of all digital assets;
- At any time, your access to your Assets may be suspended or terminated or there may be a delay in your access or use of your Assets which may result in the Assets diminishing in value or you being unable to complete a Staking Transaction;
- The Staking Transaction may be suspended or terminated for any or no reason, which may limit your access to your Assets; and
- The value of your Assets used in Staking Transactions or used through the Platform may decrease or diminish at any time and for any reason.
Accordingly, by using this Platform you expressly agree that:
- You assume all risk in connection with your access and use of the Platform, your Assets and Staking Transactions; and
We use commercially reasonable physical, managerial, and technical safeguards to preserve the security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Intellectual Property RightsOwnership
All content comprised in, on or relating to the Platform (including all intellectual property comprised in the content) is owned by Yieldly, its related entities and/or our third-party licensors and is protected by copyright, trademarks, service marks, patents, design registrations, and/or other proprietary rights and laws.
As between you and Yieldly and our licensors, Yieldly or our licensors own and retain, solely and exclusively, all rights, title and interest in and to the Platform, and all the content that we or our licensors create and that we make available on or through the Platform, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos, and trade names displayed on or in connection with the Platform are the registered and unregistered trademarks and service marks of Yieldly in Australia and/or other countries.
To the extent permitted by applicable law, the licence is provided on an “as is” basis. Yieldly disclaims all warranties and conditions, express and implied, in relation to the licence, including (without limitation), warranties of merchantability, fitness for a particular purpose, non-infringement and title.Feedback
To the extent permitted by applicable law, Yieldly owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Yieldly or the Platform that you provide or disclose through email, the Platform or in any other manner. You hereby transfer all rights, ownership and interests in and to the Feedback and all related intellectual property rights to Yieldly and waive any request for acknowledgment or compensation based on any Feedback or any modifications based on any Feedback, unless otherwise agreed by us in writing.
Third Party Sites
You acknowledge that when you access or use the Platform, and use or receive any goods, services or products offered or made available or used in connection with this Platform, you do so entirely at your own risk and relying on your own enquiries and judgement.
- The supply of the services again; or
- The payment of the cost of having the services supplied again.
Limit of Liability
Our liability arising in connection with the access to or use of any part of the Platform or any goods, services or products offered or made available or used in connection with this Platform is limited as follows:
- We exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business;
- Our liability is excluded to the extent that you contributed to the liability;
- Our liability is excluded for anything you have been aware of for longer than six months and you have not commenced formal legal proceedings. You waive and release the Released Parties from any such liability or claim; and
- Our liability is subject to you taking reasonable action (or not acting unreasonably) to mitigate your loss.
We provide the Platform on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform.
We are not responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond our control.
Release and Indemnity
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, contractors, subsidiaries, related entities, advisors and partners (together, the “Released Parties”) from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with:
- Access to or use of the Platform;
- Any goods, services or products offered or made available or used in connection with this Platform;
- Your participation in Staking Transactions;
- Your digital assets (including the value of the digital assets or the loss of the digital assets) used on the Platform or in Staking Transactions;
- Your use, misuse, or abuse of the Platform; and
- Your breach or failure to observe any applicable law,
(together, the “Released Matters”).
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
You agree to indemnify, defend and hold harmless the Released Parties from any from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with any Released Matter.