TERMS AND CONDITIONS OF USE

1.1. These Terms and Conditions ("T&Cs") govern the use of the Dera Protocol ("the Protocol"), which comprises smart contracts, software, interfaces, and related services (collectively, "Services"). By accessing or interacting with the Protocol, you ("User" or "You") acknowledge and agree to be bound by these T&Cs in their entirety, including those related to the Protocol and any of its subsidiaries or future affiliates.

1.2. If you do not agree with these T&Cs, you must cease using the Protocol immediately. Continued use constitutes an irrevocable and unconditional acceptance of these T&Cs.

1.3. Modification of T&Cs: The Protocol reserves the right to modify these T&Cs at any time. Users will be notified of material changes, and continued use of the Protocol constitutes acceptance of those changes. Notifications will be made via a website banner or email if applicable. Users are encouraged to review these T&Cs periodically to stay informed of any updates.

2.1. The Protocol is a non-custodial DeFi protocol that facilitates user interactions through self-executing smart contracts. The Protocol does not take possession of, control, or manage User funds at any point. Transactions occur autonomously on the blockchain, and Users retain full control over their assets.

2.2. Transparency: To enhance user awareness, the Protocol provides a technical documentation repository containing details on smart contract interactions and fund allocations. Users may refer to the technical documentation and audit reports available on the official Protocol website for additional transparency. However, such information is subject to updates, and the Protocol does not guarantee its accuracy. Users are responsible for verifying the latest contract details before interacting.

2.3. Users acknowledge and agree that the Protocol is not responsible for:

• The loss, theft, misplacement, unauthorized transfer, freezing, or any inability to access digital assets.
• Vulnerabilities, exploits, bugs, errors, or failures in smart contracts.
• Financial losses arising from market fluctuations, third-party interactions, liquidity failures, hacks, regulatory actions, or other external risks.

2.4. All risks associated with the use of the Protocol rest solely with the User. The Protocol shall bear no responsibility for any loss, damage, or liability incurred.

2.5. Smart Contract Verification: Users must verify the authenticity of smart contract addresses through official Protocol channels. Smart contract addresses may change due to upgrades or security enhancements, and Users are solely responsible for ensuring that they interact with the correct contracts.

2.6. Phishing and Frontend Security: Users acknowledge the risk of malicious actors replicating the Protocol front-end to deceive users. It is the sole responsibility of the User to verify the authenticity of the website URL and ensure they are interacting with the correct smart contract addresses. The Protocol bears no responsibility for losses incurred due to phishing or fraudulent websites.

3.1. The Protocol’s smart contracts have undergone independent security audits by external security auditors. However, subsequent modifications have been made, and therefore, the deployed smart contracts may differ from the audited version.

3.2. Users acknowledge that no audit guarantees security, and smart contracts may still contain vulnerabilities. Users assume full responsibility for risks related to smart contract interactions.

4.1. The Protocol does not implement IP blocking, geolocation restrictions, or KYC verification unless required by the applicable law. Users accessing the Protocol from restricted jurisdictions do so at their own risk, liability and cost.

4.2. It is the sole responsibility of the User to ensure that participation in the Protocol complies with their local laws, regulations, and tax obligations.

4.3. The Protocol is not intended for use in jurisdictions where DeFi services are restricted, prohibited or subject to legal limitation. Access to the Protocol for Users located in, residing in, or accessing from prohibited/sanctioned jurisdictions is strongly discouraged and shall not be entertained so long as it is in contravention with local laws.

5.1. These T&Cs shall be governed and construed in accordance with the laws of the United Kingdom.

5.2. Any disputes, claims, or controversies arising out of or relating to these T&Cs shall be resolved through Mediation and/or through binding arbitration under the rules of the London Court of International Arbitration (LCIA).

5.3. The User irrevocably waives any right to a trial by jury, class-action lawsuit, or any other form of collective legal proceeding against the Protocol.

6.1. THE PROTOCOL IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.

6.2. The Protocol makes no representations or warranties regarding the accuracy, functionality, security, reliability, or continuous availability of the Protocol.

7.1. Users agree to indemnify, defend, and hold harmless the Protocol, its developers, affiliates, employees, and partners from any claims, liabilities, damages, costs, and expenses arising from:

• Any loss or damage resulting from a security breach, bug, or exploit in the Protocol.
• Legal or regulatory actions related to the User's participation in the Protocol.
• User's failure to comply with applicable laws, regulations, or tax obligations.
• Any disputes arising from the User's interactions with third parties via the Protocol.
• Any costs or losses related to system failures, data breaches, or unauthorized access that occurs while interacting with the Protocol.
• Any harm or loss resulting from phishing attacks, social engineering, or other fraudulent activities targeting the User or the Protocol.
• Any other claims, liabilities, or damages arising out of or in connection with the use, operation, or provision of the Protocol, or any actions or omissions related thereto.

7.2. Users acknowledge and accept that the Protocol is not responsible for any financial losses, security breaches, or unforeseen risks.

8.1. The Protocol reserves the right to suspend, modify, or terminate access to the Protocol at any time without prior notice.

8.2. Users acknowledge that the Protocol is under no obligation to provide uninterrupted access, continued support, or compensation in the event of termination or discontinuation of services.

For inquiries, Users may contact the Protocol at: ian@derafoundation.com (for informational purposes only; no guarantee of response)