Earn SUP

TERMS OF USE

Version: 2

Latest Reviewed on: 23 April 2025

These Terms govern your access to and use of the Site. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Site, you are agreeing to these Terms. If you do not understand or agree to these Terms, you must immediately discontinue use of the Site.

Definitions

  • "Dashboard" means app.superfluid.org – a user interface for Users to manage asset streaming and activities on the Superfluid Protocol.
  • "Foundation" means the Superfluid Foundation.
  • "Site" means superfluid.org and the Dashboard.
  • "Smart Contract" means a self-executing software program with the terms of an agreement between two or more parties being directly written into lines of code and executed by a blockchain network or private network. The code controls its execution autonomously, and transactions are usually publicly trackable and irreversible by nature.
  • "Superfluid Protocol" means the 'Superfluid' asset streaming protocol enabling real-time transfers of digital assets which is decentralised, permissionless, self-operational and comprises non-custodial blockchain. For the avoidance of doubt, the Superfluid Protocol, is not owned or operated by the Foundation.
  • "Superfluid DAO" means the decentralised autonomous organisation comprised of SUP Token holders who are responsible for governing certain aspects of the Superfluid Protocol.
  • "Terms" means these Terms of Use.
  • "Token" means any digital token or asset which is made available for transfer, wrapping or exchange using the Site.
  • "Transaction" means the transfer of Tokens or data through the use of Smart Contracts or other means.
  • "User", "you" or "your" means a user of the Site.

Eligibility and Acceptance of the Terms

The Site is intended for use only by individuals and entities who are legally permitted to send and receive digital assets under the laws applicable to them. The Foundation makes no claims or representations that the Site (or any part thereof) is appropriate in your country or jurisdiction.

By accessing, browsing or using the Site, you represent and warrant that:

  1. you have read, understood and agreed to these Terms in their entirety;
  2. if you are an individual, that you are at least 18 years old and have capacity to form a binding contract under applicable laws;
  3. if you are a corporation, legal entity or other organization, that you have full power, authority and validly existing under the applicable laws to enter into these Terms;
  4. you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or excluded or denied persons, including but not limited to the lists maintained by:
    • the United States' Department of Treasury's Office of Foreign Assets Control;
    • the United Kingdom's Office of Financial Sanctions Implementation;
    • the United Nations Security Council;
    • the European Union or its Member States; or
    • any other government authority (a "Prohibited Person");
  5. you will not use the Site on behalf of any Prohibited Person;
  6. you have not been previously suspended or removed from accessing the Site or any other associated site or service; and
  7. your access and use of the Site does not violate any applicable law or regulation in your jurisdiction or in any other relevant jurisdiction.

The Foundation reserves the right, in its sole discretion, to determine your eligibility to use the Site. The Foundation may require you to provide additional information or documentation to verify or confirm your eligibility, including on a periodic or ongoing basis.

Site Use Representations and Obligations

In accessing and/or using the Site, you agree, represent, warrant and covenant that:

  1. you will not use the Site for any purpose that does not comply with applicable law or infringes the rights (including intellectual property rights) of the Foundation or any other user;
  2. you will not use a virtual private network or similar tool to circumvent any geo-blocking and/or other restrictions that we have implemented in connection with the Site. Any such deliberate circumvention, or attempted circumvention, of our controls may permanently disqualify you from accessing the Site, as determined in our sole discretion;
  3. you will provide accurate, complete, and current information as reasonably requested for any applicable know your customer, anti-money laundering, sanctions checks, or other compliance purposes, and promptly update any such information if it becomes outdated;
  4. you will not use any device, process, or software to manipulate or disrupt anyone else's use of the Site, including but not limited to:
    • posting or distributing commercial spam;
    • attempting to artificially inflate your engagement with the Site;
    • engaging in coordinated harmful activity to encourage or promote violations of these Terms; or
    • mass-registering for accounts related to or provided by the Site;
  5. you will not access, or to attempt to access, another user's wallet, private key or other security information on any third party service that provide access to such user's wallet or private key on the Site; and
  6. you will not use the Site in such a way which is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

No Ownership or Rights Granted

Use of the Site, and any services provided therein, do not confer upon you any ownership interest, equity, governance rights, or any other rights in the Foundation, its affiliates, or any associated entities. Additionally, possession or transfer of Tokens, in and of itself, does not entitle you to any such rights.

Transactions

To use the Site, you must already have a digital wallet that can store and transfer Tokens that are supported by the App ("Wallet").

When you request to make a Transaction via the Dashboard, you will be required to initiate a transfer from your Wallet's interface (a "Transfer Initiation"). The Foundation is entitled to rely on the Transfer Initiation and has no duty to inquire into or investigate the validity or accuracy of any Transfer Initiation.

The Foundation will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid Transfer Initiation. You will be responsible for:

  1. keeping secure your hardware devices secure (including your phone);
  2. any activity associated with such hardware devices; and
  3. your Wallet when using the Site.

Compliance & Restrictions

Users must comply with all applicable laws, regulations, and restrictions when using the Site. Users are strictly prohibited from using the Site for any unlawful, fraudulent, or malicious activities, including but not limited to money laundering, terrorism financing, or any activity that violates sanctions laws or financial regulations.

Fees & Taxes

Users acknowledge and agree that they are solely responsible for:

  1. any applicable transaction fees, including where applicable blockchain network fees ("gas fees"), associated with using the Site; and
  2. determining, reporting, and paying any applicable taxes arising from their receipt or use of the Tokens.

Intellectual Property Rights

All intellectual property rights in or arising out of or in connection with the Site, and all trademarks of the Foundation shall remain the property of the Foundation. Subject to your compliance with these Terms, the Foundation grants you a limited, non-transferable, non-exclusive licence to use the Site.

You may not:

  • modify, publish, transmit, participate in the transfer or sale of;
  • reproduce (except as necessary to use the Site); or
  • create derivative works based on the Site.

You acknowledge and agree that:

  • the Site may use, incorporate, or link to certain open-source components available on open-source licences; and
  • your use of the Site is subject to, and you will comply with any applicable open-source licenses that govern any such open-source components.

Nothing in these Terms will be construed to limit any rights granted under such open-source licences with respect to the components specifically covered by such licences.

No Warranties & Availability

The Site is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. The Foundation does not guarantee uninterrupted, secure, or error-free access to the Site and reserves the right to modify, suspend, or terminate the Site at any time without notice.

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation:

  • the malfunction of equipment;
  • periodic updating;
  • maintenance or repair of the Site; or
  • other actions that the Foundation and/or the Superfluid DAO, in its and/or their sole discretion, may elect to take.

Limitation of Liability

To the maximum extent permitted by law, the Foundation, its affiliates, officers, directors, employees and agents, the Superfluid DAO, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of any aspect of the Site, including but not limited to losses due to:

  • smart contract vulnerabilities;
  • blockchain network failures;
  • cyberattacks; or
  • user errors.

Indemnification

Users agree to indemnify, defend, and hold harmless the Foundation and its affiliates, and the Superfluid DAO, from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:

  • their use of the Site;
  • the violation of these Terms; or
  • the infringement of any third-party rights.

Disclosure of Certain Risk Factors

You accept that your use of the Site involves substantial risk, including, without limitation, the following:

  1. the Foundation is not presently subject to oversight by any financial services regulator. As a result, the services offered through the Site (and your use of those services), do not benefit from regulatory protections that might apply to regulated financial products or services;
  2. any Smart Contract that you and any third party interact with is a private arrangement between you and that third party. The Foundation is not a party to any Smart Contract, does not act as an intermediary in relation to any Smart Contract or any Transaction, has no responsibility for verifying the identity of any party to any Smart Contract or Transaction and has no responsibility in relation to any disputes relating to any Smart Contract or Transaction;
  3. the Site may have defects or other errors or malfunctions;
  4. the Tokens may be subject to severe constraints on liquidity;
  5. the Tokens may not have not been registered under any securities laws and their resale may be subject to significant transfer restrictions;
  6. the Tokens do not represent or confer any ownership rights, equity, or governance rights in the Foundation;
  7. you are solely responsible for informing yourself about the operation of the relevant software protocols that underpin any Tokens that you choose to use in Transactions;
  8. there are risks associated with decentralization, including:
    • fraud;
    • high volatility;
    • anonymity;
    • theft;
    • hacking; and
    • regulation;
  9. the regulatory status and activities of the Foundation, the Superfluid Protocol, the Superfluid DAO and decentralised autonomous organisations may be unclear or unsettled in many jurisdictions;
  10. the software and hardware underlying the Tokens and Site may be vulnerable to technical flaws or attacks;
  11. Tokens are accessed using private keys, and loss of private keys results in permanent loss of Tokens;
  12. Tokens may be ascribed value by third parties (either by way of a cash valuation, or a valuation expressed in other Tokens). The Foundation has no control over any cryptocurrencies and is not responsible for any fluctuations in value, stability or liquidity of any Tokens;
  13. blockchain networks rely on independent validators and may be vulnerable to consensus attacks;
  14. decentralized governance systems could lead to decisions that adversely impact the value of tokens and the operation and/or composition of the Site;
  15. Users may be required to pay taxes related to transactions occurring on the Site;
  16. the content and materials available when using the Site are for informational purposes only and do not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and is not intended to be relied upon by you in making any specific investment or other decisions; and
  17. where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by the Foundation or our affiliates of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Data Retention and Deletion

We may retain data for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will process deletion requests in accordance with applicable laws and our internal policies, including the Privacy Policy located at the following webpage: https://www.iubenda.com/privacy-policy/61169802.

Confidentiality

You may be given access to the Foundation or our affiliates confidential information in connection with your use of the Site. Where this happens, you shall:

  1. hold such confidential information in confidence; and
  2. not make our confidential information available to any third party, or use our confidential information for any purpose other than the use of the services provided on the Site.

This clause does not apply to disclosure of confidential information to the extent the disclosure is required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Amendments

The Foundation reserves the right to amend these Terms at its sole discretion. Any changes will take effect immediately upon posting on the Site. Users are responsible for reviewing the Terms periodically, and continued use of the Site constitutes acceptance of the revised Terms.

Entire Agreement

The Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Waiver and Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision under these Terms will not constitute a waiver of such right or provision.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Cayman Islands. Any disputes arising from or related to these Terms shall be resolved through binding arbitration in the Cayman Islands, unless otherwise required by applicable law.

Amendment to the Terms

The Foundation reserves the right to amend these Terms at any time for any reason, and continued use of the Site constitutes acceptance of such amendments.

Contact

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at legal@superfluid.org.