Effective date: 6 July 2020
Fountain GmbH, registration number FL-0002.637.321-6, domiciled at Landstrasse 40, 9495 Triesen, Principality of Liechtenstein (the "Company") is an operator of a website under the address Fountain.li (the "Website") where it is providing certain Services (as defined in Section 2 below).
These Terms of Service and any terms expressly incorporated herein (the "Terms") apply to any access to, or use of, any Services (as defined in Section 2 below).
By clicking a check box presented with these Terms, or by signing the acceptance of these Terms with your Ethereum address, or by accessing or using any Services, you ("you" or the "User") agree to be bound by these Terms, as changed from time to time.
The Company provides certain services related to graphical presentation of data from the public Ethereum blockchain as well as technical formatting of transaction data, which primarily includes:
(collectively, the "Services").
The Company DOES NOT provide any of the following services and DOES NOT engage in any of the following activities:
The Company is also NOT an operator of the OasisDEX Protocol, which is an independent smart contract-based order book and matching engine deployed on the public Ethereum blockchain. The Website is one of many front-end user interfaces to the OasisDEX Protocol. The OasisDEX Protocol is deployed in a decentralized environment wherein it can be autonomously and directly or indirectly accessed by the users (including the Website Users) without any involvement or actions taken by Company or any third-party.
The Company DOES NOT display all the crypto-assets from the public OasisDEX Protocol order book.
If you do not accept these Terms, you may not use the Website and the Services.
The Company may modify these Terms by providing notice of such changes along with the updated Terms by providing notice through the Services. By clicking a checkbox presented with the modified Terms, or by signing the acceptance of these Terms with your Ethereum address, or by continuing to access the Website or use of the Services, you signify your consent and confirm your agreement to the modified Terms, which become effective immediately after such acceptance by you. If you do not agree to any modification to these Terms, you must stop using the Website and the Services. The Company encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Website and Services.
The Services are intended solely for Users who satisfy the criteria described in these Terms.
You represent and warrant that:
While the Company has made steps to ensure compliance with the applicable local and EU law, the Services are not intended to be used by Users from other jurisdictions.
You may not use the Services if you are located in, domiciled in, tax resident in, or a citizen or resident of the following jurisdictions (the "Non-Supported Regions"):
The Company has implemented and is maintaining sophisticated technical solutions and geographical restriction mechanisms to not allow any persons located in Non-Supported Regions to use the Services. You acknowledge and accept that it is illegal to try to circumvent these solutions and mechanisms. You will comply with this Section 4 even if the Company’s methods to prevent use of the Services are not effective or can be bypassed.
By utilizing the Services or interacting with the Website in any way, you represent that you understand the inherent risks associated with a technical infrastructure that visualizes offers and enables you to send binding declarations of acceptance to issuers on the decentralized OasisDEX Protocol; and warrant that you have an understanding of the risks of using an independent smart contract-based order book and matching engine deployed on the public Ethereum blockchain.
The Company does not own or control any of the underlying software through which blockchain networks are formed. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (i) that Company is not responsible for operation of the underlying software and networks, including the OasisDEX Protocol, that there exists no guarantee of functionality, security, or availability of such software and networks; and (ii) that the underlying protocols are subject to sudden changes in operating rules (known as " Forks "), and that such Forks may materially affect the Services. It might be discretionarily decided not to support (or cease supporting) the Forked network entirely. You acknowledge and agree that Company assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
Underlying networks use public/private key cryptography. You alone are responsible for securing your private key(s). Company does not have access to your private key(s). Losing control of your private key will permanently and irreversibly deny you access to funds on the Ethereum blockchain or other network. Neither Company nor any other person will be able to retrieve or protect your funds. Once your private key(s) is lost, you will not be able to transfer your crypto-assets to any other address or wallet. If this occurs, you will not be able to realize any value or utility that you may hold now or in future.
Both use of the Services, as well as use of the OasisDEX Protocol, involves significant risks and potential for financial losses, including without limitation the following:
Although it is intended to provide accurate and timely information on the Website, the Website or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website or relevant tools are your sole responsibility and Company shall have no liability for such decisions. Links to third-party materials (including, without limitation, websites) may be provided as a convenience but are not controlled by any entity. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Website or available via other relevant tools.
No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed via the Website. In particular, the Website does not display all the crypto-assets from the OasisDEX Protocol order book.
The Company does not assume any liability for the completeness and correctness of the data displayed via the Website, which is a front-end web interface. OasisDEX Protocol is a permissionless marketplace on Ethereum that enables person-to-person trades with an on-chain order book which anybody can verify. You acknowledge that you are solely responsible for verifying the on-chain order book displayed on the OasisDEX Protocol.
You acknowledge that the Services are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Site. This warning and others provided in this Terms by Company in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Services or accessing the Website.
The OasisDEX Protocol, which is an independent smart contract-based order book and matching engine deployed on the public Ethereum blockchain, is beyond any control of the Company. Any malfunctioning, errors, or security breaches of the OasisDEX Protocol may result in unavailability or malfunctioning of the Website or Services. The Website is one of many front-end interfaces to the OasisDEX Protocol. The OasisDEX Protocol is deployed in a decentralized environment wherein it can be autonomously and directly or indirectly accessed by the users (including the Website Users) without any involvement or actions taken by Company or any third-party. Therefore, the Company is not able to control or enforce any activity on the OasisDEX Protocol.
The Services, the OasisDEX Protocol, crypto-assets and ETH could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Company to continue to develop, or which could impede or limit your ability to access or use the Services or Ethereum blockchain via the Website, including access to your crypto-assets.
The Services facilitate the access to the OasisDEX Protocol which requires a comprehensive understanding of applied cryptography and computer science, as well as finance, in order to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of crypto-asset on the Site does not indicate our approval or disapproval of the underlying technology regarding such type of crypto-asset, nor its financial characteristics, and should not be used as a substitute for your own understanding of the risks specific to each type of crypto-asset. The Company makes no warranty as to the completeness and suitability of the crypto-assets referenced on the Website and assume no fiduciary duty in our relations with you.
Use of the Services facilitate the access to the OasisDEX Protocol which may carry financial risk. Crypto-assets are, by their nature, highly experimental, risky, volatile and transactions carried by you on the OasisDEX Protocol are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Website and the Services at your own risk. The risk of loss in crypto-assets can be substantial. You should, therefore, carefully consider whether the access to the OasisDEX Protocol is suitable for you in light of your circumstances and financial resources. By using the Services, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of using the OasisDEX Protocol. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted by you. You accept all consequences of using the Services, including the risk that you may lose access to your crypto-assets indefinitely. All transaction decisions, and transactions themselves, are made solely by you. Notwithstanding anything in these Terms, the Company accepts no responsibility whatsoever for, and will in no circumstances be, liable to you in connection with the use of the Services for formatting transaction data. Under no circumstances will the operation of all or any portion of the Website or the Services be deemed to create a relationship that includes the provision or tendering of investment advice.
You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your use of Services, including tax laws. In case taxes arise, you are solely responsible for reporting and paying them from your use of the Website and Services.
You are aware of and accept the risk of operational challenges. The Website may experience sophisticated cyberattacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Website. You agree to accept the risk of the Services failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third-parties may make unauthorized alterations to the Website or the software underlying the Services. Accordingly, you should verify all information on the Website before relying on it, and all decisions based on information contained on the Website are your sole responsibility and the Company will have no liability for such decisions.
At this point the Company does not charge any trading fees and does not collect any fees from Users reviewing data and information made available on the Website, or using the transaction formatting service.
However, in connection with your use of the Services, you agree to bear all costs necessary to conduct a transaction, such as gas cost. Note that any transactions are performed by you directly, and not by the Company nor through the Services. The Company may attempt to provide accurate gas costs information, but this information is highly volatile and can change quickly without Users necessarily being aware of these changes.
Fees may apply to Users who have their crypto-asset-related information displayed on the Website. In such a case, applicable conditions and fees are determined in bilateral agreements.
There are no accounts on the Website. As long as you comply and agree with these Terms, and especially with the eligibility criteria set forth in Section 4 above, you can use the Services.
Before you can access the Services, you have to explicitly consent to these Terms (by reviewing them, confirming your acceptance by clicking a checkbox, as well signing a Terms with your Ethereum address) and aforementioned eligibility criteria. In order to use the Services, you have to continuously comply with the Terms.
As you remain solely responsible for your own assets, and we have no control whatsoever over your assets, there are no deposits or withdrawals. You submit any blockchain transactions by yourself, and the Company cannot interfere with your transactions in any way, including their revocation, which usually is not possible on the Ethereum public blockchain.
Please review carefully the data you review and provide, especially for the purpose of formatting the transaction. You are solely responsible for any consequences of providing wrong or mistaken data. The Company assumes no warranty whatsoever for the content of the data, its completeness and accuracy.
Each your transaction is submitted by you to the independent OasisDEX Protocol smart contract on the public Ethereum blockchain. Its operations are autonomous and are beyond the Company’s control. You are solely responsible for submitting binding offers to sell or submitting binding declarations of acceptance to buy crypto-assets by using the OasisDEX Protocol.
The Company is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Services. No communication or information provided to you by the Company is intended as, or shall be considered or construed as, advice. Please refer to Section 5 for a summary of some of the risks you should consider when choosing whether to use the Services.
The Company retains the right, in its sole discretion, to determine whether to start, continue, or stop displaying the data and information, related to any OasisDEX Protocol crypto-asset, on the Website. The Company may discontinue doing so at any time for any or no reason, and will not be liable to you for any losses, liability or expenses related to its decision.
You are responsible for complying with all applicable laws related to your use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to any transactions you complete with the help of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. The Company does not have access to any of your assets at any point of time, and is not responsible for collecting, reporting, withholding, or remitting any taxes arising from any of your activities.
You will not:
The User takes note that the Consumer Protection Law of Liechtenstein (Konsumen-tenschutzgesetz, KSchG) stipulates in its Article 4 that a consumer has the right to with-draw from an agreement with a company without giving reasons within fourteen days, beginning the day after their accepting the agreement, if the consumer’s contractual declaration was not made in rooms used by the company for business purposes.
The User also takes note that, pursuant to Article 12 of the Distance Selling Act of Liechtenstein (Fern- und Auswärtsgeschäfte-Gesetz, FAGG), a consumer has the right to withdraw from any contract agreed with a company at distance or off-premises (=online) without giving reasons within fourteen days, beginning the day after conclusion of the contract.
The right to withdrawal from these Terms pursuant to the KSchG is not applicable to the User as a consumer if: (i) the User has initiated the business relationship with the Company for the purpose of concluding these Terms (Art. 4 para. 3 lit. a KSchG); (ii) the conclusion of these Terms was not preceded by discussions between the parties or their agents (Art 4 para. 3 lit. b KSchG); (iii) the Terms are not subject to the Distance Selling Act (FAGG).
The User takes note that they have no right to withdraw from any service stipulated in this Agreement pursuant to the KSchG, because the Distance Selling Act (FAGG) is applicable.
The User may withdraw from any the Service without giving any reason within fourteen days of concluding of these Terms. To exercise the right of withdrawal from these Services, the User must notify the Company by means of a clear statement in written form (including but not limited to a letter sent by post, fax or e-mail). It is sufficient for the User to send the notification of exercise of their right of withdrawal before the expiry of the withdrawal period.
In case of withdrawal from these Services both parties must reverse their respective consideration which has been given to conclude these Services including interest.
Conclusion of contract takes place after acceptance of these Terms by both parties.
You acknowledge that the Company may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services. The Company will not be liable for any losses suffered as a result of any modification or termination of the Services, or of any suspension or termination of your right to access the Services caused by slight negligence of the Company.
You hereby acknowledge that your right to use the Services is limited by these Terms, and, if you violate them or if, at any point, you do not agree to any of the Terms set forth herein, your right to use the Services shall immediately terminate, and you shall immediately refrain from using the Services. Any use of the Services that violates these Terms is strictly prohibited and can, at the Company’s sole discretion, result in the immediate revocation of your limited rights granted by these Terms.
Notwithstanding the foregoing, you acknowledge that the Company has the right to discontinue the Website and the Services (but not the independent OasisDEX Protocol) in its entirety, or any part thereof, at any time, at the Company’s sole discretion. The Company will not be liable for any losses suffered as a result of any modification or termination of the Services (whether pursuant to this Section or for any other reason), or of any suspension or termination of your right to access the Services, unless the damages are due to a grossly negligent or intentional breach of duties under these Terms by the Company.
In the event of discontinuation of all Services or other termination of your right to access all Services: (a) any amounts payable by you to the Company will immediately become due; (b) The Company may deactivate your Access and all related information without liability to you.
The terms of Sections 5,7,10 through 18 will survive any termination of your access to the Services.
To the maximum extent permitted under applicable law, the Services or other items provided by or on behalf of the Company are provided on an "as is" and "as available" basis and the Company expressly disclaims, and you as a business (B2B) waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from using this Website. Without limiting the foregoing, the Company does not represent or warrant that the Website or the Services are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third-party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
You as a business (B2B) will defend, indemnify, and hold harmless the Company and its respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, the Company (or, at the Companies’ discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms.
In no event will the Company and its respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable to you as a business (B2B) for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the Website, the Services, any performance or non-performance of the Services, or any other product, service or other item provided by or on behalf of the Company, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of Company), even if the Company has been advised of the possibility of any such damages.
The liability of the Company and its respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with Website, the Services, any performance or non-performance of the Services, or any other product, service or other item provided by or on behalf of the Company, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of the Company) will not exceed the amount of any fees paid by you as a business (B2B) to the Company under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.
You as a consumer (B2C, unless otherwise mentioned) understand that there is no warranty, implied or statutory, for the Services provided by the Company. Except when otherwise stated in writing, the Services are provided "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, the Company does not represent or warrant that the Website or the Services are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third-party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
By using the Services you acknowledge that the entire risk as to the quality and performance of all Services is with you.
Owing to a lack of influence, the Company will in no event be liable to you for any damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Services, including but not limited to:
The Company shall be liable only in cases of malicious intent (B2B) and towards consumers (B2C) only in cases of gross negligence or malicious intent for any type of damages.
The "Fountain" and "Fountain.li" names, the Fountain logo, other related trademarks, and the web domains and URLs, as well as the Website and Services software copyrights are property of the Company. Using our Services does not give you ownership of any proprietary intellectual property rights in our Services or the Website content you access. You may not use proprietary content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
Company respects the privacy of the Users.
These Terms shall be governed by and construed in accordance with the laws of the Principality of Liechtenstein, without regard to any conflict of law rules or principles or the provisions of the UN Convention on Contracts for the International Sale of Goods that would cause the application of the laws of any other jurisdiction, unless mandatory provisions for the protection of consumers of the law of another country contradict this.
The Courts of Liechtenstein have exclusive jurisdiction over any and all disputes resulting out of or in relation to these Terms and its enforcement.
You acknowledge that any dispute arising out of or related to these Terms or the Services is personal to you and the Company and that any dispute will be resolved solely through individual litigation and will not be brought as a class litigation, class action or any other type of representative proceeding.
Company’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, inoperative or unenforceable for any reason, the parties shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible. The invalidity, inoperability or unenforceability of any term of these Terms will not adversely affect the validity, operability or enforceability of the remaining terms.
We will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, drought, heat, extraordinary weather conditions, earthquake, or other act of God, epidemic, fire, war, insurrection, riot, labour dispute, accident, action of any government or public institution, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Headings of sections and the table of contents are for convenience only and shall not be used to limit or construe such sections.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between you and the Company regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with the Company, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.