DAMM Capital Terms of service

Welcome to Damm Capital! We're committed to making your experience at https://www.dammcap.finance as smooth as possible. To ensure clarity, we've outlined the terms that apply while you're here. Please take a moment to read this carefully.

These Terms of Service (the "Agreement") set forth the terms and conditions for accessing and using the services provided by Damm Labs Ltd., a Cayman Islands company, including its subsidiaries or affiliates ("Damm Cap," "we," "our," or "the Company"). This Agreement covers the services available through our website, https://www.dammcap.finance, as well as any future features, tools or products we may introduce (collectively referred to as "Products").

By using our Products, you confirm that you have read, understand and agree to these Terms of Service. If you do not agree to any part of this Agreement, please refrain from accessing or using our Products.

1. Eligibility and User Responsibilities
This section explains who is eligible to use our Products and outlines your responsibilities when using them.

1.1 Eligibility
To use our Products, you must be legally able to form a binding contract in your jurisdiction. By accepting these terms, you confirm that you: i) You do not belong to a jurisdiction considered high risk by Damm Cap and/or subject to trade sanctions by the US and/or Europe, ii) You have the legal authority to act on your own behalf or on behalf of the entity you represent, and iii) you are not a U.S. citizen or resident, are not subject to economic or trade sanctions, and are not located in a region under broad international sanctions. 

You agree to use our Products only for lawful purposes and to comply with all applicable laws and regulations.

2. Our Services
We offer tools that allow users to participate in decentralized finance through blockchain, primarily using Ethereum networks.

By accessing our Products, you acknowledge and agree that Damm Labs Ltd. limits itself to providing services that allow users to connect with decentralized finance through blockchain Products, primarily on Ethereum Layer 1 and Layer 2 solutions. These may let you be involved in activities like buying, selling, lending, borrowing, staking, providing liquidity and / or creating and / or managing Mutual Fund. Each of these tools and / or protocols operates independently and is subject to its own terms and conditions.
Our Products are intended to provide access to decentralized finance tools and are not intended to offer or solicit investment in any financial instruments. All activities conducted through our platform are initiated by you and at your own discretion

We may develop both web and mobile interfaces to make it easy for users to interact with these tools and / or protocols. While we facilitate access to these decentralized systems, we do not operate on behalf of users and / or hold user funds. We operate non-custodial services.

3. Our Products
This section covers our interface, potential new products, and third party services that you might use alongside our Products.

3.1 The Interface
The Interface provides access to decentralized protocols on several public blockchains, including (but not limited to) Ethereum Layer 1 and Layer 2 networks. This may allow users to trade specific compatible digital assets. The Interface itself is distinct from the underlying protocol and is just one of the ways to access it. The protocol may come in different versions, self-executing smart contracts deployed on various public blockchains.

By accessing and / or using the Interface, you acknowledge that blockchain-based transactions may vary in cost, speed, and security. You are the unique responsible for protecting your private keys and wallet information. By accessing and / or using the Interface, you acknowledge that  Damm Cap does not control or hold the contents of your wallet.

To use the Interface, you’ll need a Whitelisted Virtual Wallet, which will enable you to interact with our services and various public blockchains. Your relationship with your wallet provider is governed by their own terms and conditions. Damm Labs takes no responsibility for third party providers you choose to use alongside our services, nor do we have custody over the contents of your wallet. By connecting your wallet to our Interface, you agree to these terms and all conditions included by reference.

3.2 Other Products
We may introduce additional products over time, such as educational resources, rewards programs, or other blockchain-related tools. These Other Products may be governed by this Agreement unless specified otherwise. We will communicate any updates to users by posting them directly on our web site.

3.3 Third Party Services and Content
When you use our Products, you may also interact with products, services, and / or content provided by third parties. We do not endorse, monitor, or guarantee third party content and / or services, and your interactions with such third party services are solely at your own risk, governed by the applicable terms and fees of those third parties. Damm Labs allows users to freely choose their third party providers. For example, the Mutual Funds contained in the “DAMM Mutual Fund Repository" are exclusive responsibility of their creators and / or administradors. We do not endorse and / or guarantee the accuracy, completeness, or relevance of the information listed in the repository. You agree that the inclusion of any fund in the repository is not an endorsement by Damm Cap, and that you are solely responsible for conducting due diligence before making any investment decisions.
No Constitutes Investment Offer or Advice: Nothing in our Products, including information contained in the DAMM Mutual Fund Repository, constitutes an offer, solicitation, or recommendation to buy or sell any digital asset or other financial instruments. All information is provided for informational purposes only and should not be construed as investment advice.

4. Modifications to This Agreement or Our Products
We may update this Agreement or our Products, and it is your responsibility to review these changes.

4.1 Changes to This Agreement
We may, at our discretion, update or modify this Agreement from time to time without prior notice. If significant changes are made, we’ll notify you by updating the “last updated” date at the top of the Agreement and maintaining the current version on our website at https://www.dammcap.finance/terms. All modifications take effect once posted, and by continuing to access or use our website and / or Products after any changes, you confirm your acceptance of the updated Agreement. When feasible, we will provide at least 10 days’ notice before any major changes take effect. If you do not agree with any modifications, please stop using our web site and / or Products immediately.

4.2 Changes to Our Products
We reserve the right to make changes to our services and Products, including -but not limited to. adding, modifying, or discontinuing any tool or feature, with or without notice. This may include: (a) updating or changing content and information, (b) removing content or information, and (c) revoking access to one or more services Any changes will not constitute an obligation on our part to continue offering the modified or additional tools or features.

5. Intellectual Property Rights
This section outlines the ownership of intellectual property related to our Products.

5.1 General Intellectual Property Rights
We own all intellectual property and other rights associated with each of our tools or Products, including the software, text, images, trademarks, copyrights, patents, and design elements. Subject to this Agreement, we grant You a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use our Products in compliance with these terms. You agree not to reverse-engineer, decompile, or tamper with our Products in any way. It is important to understand that protocol itself is decentralized and therefore isn't operated and / or controlled by Us.

5.2 Third Party Resources and Promotions.
Our Products may sometimes include links or references to third party resources, promotions, and / or services. These are provided strictly for informational purposes, and if you choose to engage with them, you do so at your own risk. We assume no liability for third party links, content or promotions.
The inclusion of any third-party content, mutual funds, or links does not imply endorsement or recommendation by Us. We do not provide investment advice, and any actions taken based on third-party content are at your own risk.

5.3 Additional Rights
In response to a legally and validly issued requirement, We reserve the right to cooperate with law enforcement, courts, or other government authorities in investigations or orders requiring us to disclose content or information You provide to Us.

6. Your Responsibilities
This section covers prohibited activities and your responsibility for managing trades and wallet security.

6.1 Prohibited Activities
You acknowledge that certain activities are strictly prohibited while using our Products. These include, but are not limited to, infringing on intellectual property rights, conducting cyberattacks, engaging in fraud or market manipulation, and participating in any unlawful activities. Engaging in any prohibited activity may result in immediate termination of your access to our Products and could lead to legal action.

You agree not to engage in, or attempt to engage in, any of the following:

• Intellectual Property Infringement: Activities that violate copyright, trademark, patent, or other proprietary rights.

• Cyberattacks: Any attempt to interfere with or compromise the security or proper functioning of any computer, server, network, or device, including deploying viruses or performing denial-of-service attacks.

• Fraud and Misrepresentation: Engaging in deceitful practices to unlawfully obtain property or mislead others.

• Market Manipulation: Conducting actions that undermine market integrity, such as “pump and dump” schemes or wash trading.

• Securities and Derivatives Violations: Engaging in unregistered securities offerings or providing leveraged products to retail customers without proper registration.

• Sale of Stolen Property: Buying, selling, or transferring stolen or fraudulently obtained items.

• Data Mining or Scraping: Using data-gathering or extraction methods such as robots or scraping.

• Any Other Unlawful Conduct: Activities that violate applicable laws or regulatory requirements in any relevant jurisdiction.

6.2 Trading
You understand that all trades you submit through our Products are unsolicited, meaning they are initiated solely by you. We do not endorse investments nor provide investment advice or assess the suitability of any trade decisions. All transactions made through our tools are the sole responsibility of the users who issue them. By using our Products, you acknowledge that:

• (a) All trades are unsolicited.

• (b) You have not received investment advice from Us.

• (c) We do not evaluate the suitability of any trades You make.

• (d) Every order You place using our tools has been assessed by You and aligns with your risk tolerance

6.3 Non-Custodial and No Fiduciary Duties
Our Products are non-custodial, meaning we do not hold or control your digital assets or private keys. You are solely responsible for securing your wallet information, and we are not liable for any loss resulting from wallet breaches, lost credentials, or compromised keys.

This Agreement does not establish any fiduciary duties. You understand and agree that We do not owe you any fiduciary duties and that any such responsibilities are expressly waived and eliminated to the fullest extent permitted by law. We only undertake obligations specified in this Agreement.

6.4 Compliance and Tax Obligations
You are exclusively responsible for ensuring that your use of our Products complies with the applicable laws in your jurisdiction, including any tax obligations related to your blockchain transactions and / or digital investments. This may involve reporting income, capital gains, or other taxes to the appropriate authorities.

Specifically, transactions involving our Products or the Protocol may have various tax implications, including income tax, capital gains tax, VAT, GST, or sales tax in some jurisdictions. It is your sole responsibility to determine whether taxes apply and to ensure correct reporting and remittance to the relevant tax authorities, so we suggest you consult with your tax advisors.

6.5 Gas Fees
Blockchain transactions require “Gas Fees” to complete. Unless otherwise specified in a particular offer, you are solely responsible for paying any Gas Fees for transactions You initiate through our Products. Due to the nature of blockchain transactions, you already know that we may not be able to provide clear information on gas fees before transaction execution.

6.6 Withdrawals
You may request immediate repayment of your participation in Liquidity Pools and / or the Mutual Funds by transferring assets to Your whitelisted Wallet. For your safety, We may require up to 24 hours to process withdrawal requests, depending on network congestion and verification requirements. If details You provide are incomplete or inaccurate, your digital assets may be permanently lost. We assume no responsibility for losses arising from errors or omissions in the information You provide. If the transfer address you specify is one we cannot process, we are not liable for resulting delays or failures in processing your withdrawal.

7. Release of Claims
You agree to release us from any claims or liabilities related to the use of our Products.

By using our Products, you acknowledge and accept full responsibility for any risks involved. You also expressly waive and release us from any and all claims, damages, liabilities, or causes of action related to or arising from your use of our tools and Products.

8. Disclaimers
Using blockchain-based tools involves inherent risks, and We provide Our Products "as-is."

8.1 Assumption of Risk – General
By using our Products, you represent that you understand and accept the inherent risks associated with blockchain and cryptographic technology. These risks include high volatility, irreversible transactions, and potential value loss due to market conditions or security vulnerabilities.

Specifically:

• Blockchain markets can be highly volatile due to factors like adoption rates, speculation, technological developments, and regulatory changes.

• You understand that smart contract transactions are automated and irreversible once confirmed.

• Stablecoins may not always be fully collateralized and could be subject to market panics.

By using our Products, you acknowledge that we do not control these risks and cannot be held liable for any resulting losses.

You acknowledge that blockchain transactions, including investments in decentralized finance (DeFi) protocols, carry inherent financial risks, including but not limited to complete loss of capital, high market volatility, and potential loss of digital assets due to technological vulnerabilities. By using Our Products, you accept all risks associated with these activities and agree to hold Damm Cap harmless from any resulting financial losses.

8.2 No Warranties
Our Products are provided on an “as-is” and “as available” basis without warranties of any kind. We do not guarantee uninterrupted access, accuracy, or security. Use of our Products is at your own risk. Damm Labs disclaims any responsibility for errors, omissions, or inaccuracies. You acknowledge that our Products, and any token-related information provided, are strictly for informational purposes and should not be taken as investment advice.
Our Products are provided strictly on an “as-is” basis, with no warranties, express or implied, including but not limited to warranties of performance, merchantability, or fitness for a particular purpose. Damm Cap disclaims all liability for economic or financial losses of any nature, and by using our Products, you agree to bear full responsibility for any financial risks or losses incurred.
The information provided regarding curated mutual funds is offered “as-is” without any warranties, including but not limited to accuracy, reliability, completeness, or suitability for a specific purpose.

8.3 Informational Use Only
The information contained in the mutual fund repository provided by Damm Labs is intended solely for informational purposes. The inclusion of any fund in this repository does not constitute, in any case, an investment recommendation or suggestion by Damm Cap. It is important to understand that We do not carry out investment analysis, nor does it endorse or support the mutual funds that appear in the repository.
The information contained in the curated mutual fund repository is provided solely for informational purposes and does not constitute investment advice or an offer to invest. We do not endorse or recommend any mutual fund or investment strategy. Investment decisions are made at your own risk and discretion.

8.4 User Responsibility
You acknowledge that You are solely responsible for conducting thorough research and analysis on any curated funds before making investment decisions. We are not liable for any investment decisions You made based on the information contained in the mutual fund repository and / or third party links.
You acknowledge that any investment decision is solely your own. We do not offer any advice or recommendations regarding investments, nor does it endorse any mutual funds or third party content. You should conduct your own due diligence and consult with a qualified financial advisor before making any investment decisions.
All investment decisions and related activities undertaken through our Products are solely your own responsibility. We do not provide investment advice, and we disclaim all responsibility for any outcomes resulting from your use of our Products. By using our Products, you accept full responsibility for any financial losses you may incur and agree that we are not liable for any such losses.

8.5 Investment Risk Statement
Investing in these funds may carry significant risk, including the loss of capital. You should carefully consider your investment goals and risk tolerance and consult with a financial advisor before proceeding with any investment. We do not guarantee returns and are not responsible for any losses due to market volatility or regulatory changes affecting these kind of investments.

9. Indemnification We limit pur liability for losses or damages arising from your use of our Products. We are not liable for indirect, incidental, special, or consequential damages, and total liability will not exceed $1,000 USD or the equivalent in your currency.

9.1 Indemnification
By using our Products, You agree to indemnify, defend, and hold harmless Damm Labs, its officers, directors, employees, agents, affiliates, and subsidiaries from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) Your use of our Products, (b) Any violation of this Agreement, (c) Any claim arising from another party’s use of our Products via your account or device, and (d) Any disputes you may have with other users or with your own clients or users.

You further agree to reimburse us for any damages, legal fees, or costs we incur as a result of such claims, regardless of whether they are initiated by third parties or directly related to your use of our services.

10. Limitation of Liability

In no event shall Damm Labs or any of its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, or consequential damages arising from your use of our Products. This includes, but is not limited to, losses due to inaccurate information, investment losses, or decisions made based on the content on our website, repository, or any third-party links and resources provided.

We, along with our officers, directors, employees, agents, affiliates, and subsidiaries, expressly disclaim liability for any indirect, punitive, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, data, or other intangible assets, arising from or related to your access or use (or inability to access or use) any of our Products.

Furthermore, we assume no responsibility for:

• (a) Errors, inaccuracies, or omissions in any content,

• (b) Personal injury or property damage resulting from access or use of our interface,

• (c) Unauthorized access to any secure server or stored data within our control,

• (d) Disruptions, delays, or errors within our Products,

• (e) Any viruses, trojans, or harmful elements transmitted through our interface,

• (f) Any defamatory, offensive, or illegal conduct of third parties.

No information provided through our Products should be interpreted as an offer or solicitation for investment. Damm Cap shall not be held responsible for any investment decisions based on information provided.

We disclaim all liability for direct, indirect, incidental, special, consequential, or exemplary damages, including economic loss, loss of profits, business interruption, or any financial losses arising from your use of or reliance on our Products, tools, or platform information. All financial decisions made are at your own risk, and any resulting economic outcomes are your responsibility alone.

Where applicable law permits, our total liability to you for all damages will not exceed $1,000 USD, or the equivalent in your local currency.

11. Governing Law, Dispute Resolution, and Class Action Waivers
This Agreement is governed by Cayman Islands law, and disputes will be resolved through arbitration.

11.1 Governing Law
This Agreement is governed by the laws of the Cayman Islands. Although our Products may be available globally, using them does not establish personal jurisdiction in any location outside of the Cayman Islands. Any dispute arising under this Agreement will be resolved under the laws of the Cayman Islands, without regard to conflict-of-law principles.

11.2 Dispute Resolution
We encourage users to reach out to Us directly with any disputes so that we can work together to resolve them in good faith. If we are unable to reach a solution within 60 days, both parties agree to settle disputes through binding arbitration under JAMS Expedited Arbitration Procedures. Arbitration will be held confidentially before a single arbitrator and conducted through Kleros.io unless we mutually agree to an alternative forum.

11.3 Class Action and Jury Trial Waiver
You agree to resolve any disputes with Us on an individual basis and not as part of any class, collective, or representative action. Additionally, both parties waive the right to a jury trial.

12. Miscellaneous
This section includes additional terms regarding the full Agreement, assignments, and notice provisions.

12.1 Entire Agreement
This Agreement constitutes the complete understanding between You and Us regarding your use of our Products , superseding any previous agreements, communications, or understandings (written or oral).

12.2 Assignment
You may not transfer or assign this Agreement without our prior written consent. We may transfer or assign this Agreement freely, and the terms herein will bind and benefit both parties and any successors or permitted assigns.

12.3 Rewards
From time to time, we may offer rewards for completing certain activities, such as reaching a certain number of transactions. Criteria and details regarding rewards will be described within the applicable Product or official Damm Labs documentation. We reserve the right to modify, discontinue, or cancel rewards programs at any time without notice.

12.4 Regulatory Status
We are not registered with the U.S. Securities and Exchange Commission or any other regulatory agency. By using our Products, you acknowledge that we do not broker trades, nor do we facilitate or execute trades on your behalf. All transactions take place on public distributed blockchains like Ethereum, and we cannot guarantee “best price” execution.

12.5 Notice
We may provide notices under this Agreement using commercially reasonable means, including public communication channels, which will be effective upon posting.

12.6 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue in full force, with adjustments as necessary to reflect the original intent.

13. Fees and Monetization
We may charge fees for certain services, and these fees are non-refundable.

13.1 Service Fees
We may charge fees for certain services within our Products, such as transaction fees or access to specific features. Applicable fees will be disclosed in advance or at the time of the transaction.

13.2 Transaction Fees and Protocol Charges
While blockchain transactions incur network fees (Gas Fees), Damm Labs may also charge additional service fees to support the platform’s development, maintenance, and operational costs.

13.3 Revenue from Liquidity Provision and Protocol Participation
If you provide liquidity or participate in DeFi activities through our Protocol, Damm Labs may receive a share of transaction fees or rewards generated from liquidity pools or staking, which will be transparently communicated.

13.4 Affiliate and Partner Revenue
Damm Labs may receive revenue from partnerships, referrals, or affiliate programs, which may include commissions or revenue-sharing arrangements with third party services.

13.5 Changes to Fees
We reserve the right to modify, introduce, or remove fees at any time. Changes to fees will be communicated in advance, either through email, within the Interface, or by updating these Terms of Service.

13.6 No Refund Policy
All fees paid to Damm Labs are non-refundable unless otherwise stated. You are responsible for ensuring the accuracy of transactions, including any applicable fees.

13.7 No Financial Advice

We do not provide legal, tax, or financial advice. All information provided through our Products is general in nature and does not consider your personal objectives, financial situation, or needs. You should consult with professional advisors before making any investment decisions.