Contact us
Medium Twitter Telegram Discord

Terms of Use

Last Modified: [February, 2024]

The Following Terms of Use govern user access to and use of [https://inkhk.app.inkfinance.xyz] (collectively, the “Platform” or the “Site”).

 

  1. Acceptance of the Terms of Use

These Terms of Use (the “Agreement”) are entered into by and between you (the “User”) and [INK.HK TECHNOLOGIES LIMITED] (“Company,” “we,” or “us”). This Agreement, along with any documents expressly incorporated by reference, collectively referred to as the “Terms of Use,” govern the User’s access to and use of the Site located at [https://inkhk.app.inkfinance.xyz], including any content, functionality, subpages, and services offered on or through the Site. The Site provides access to the interface that facilitates a loan service for peer-to-peer crypto-assets lending (the “Service”).

The User is required to carefully read the Terms of Use before commencing the use of the Site. By using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to the User, the User acknowledges and agrees to be legally bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. In the event that the User does not wish to agree to these Terms of Use, the Privacy Policy, or any documents applicable to them that are incorporated herein by reference, the User must refrain from accessing or using the Site. In cases where a conflict arises between these Terms of Use and any applicable additional terms, these Terms will prevail unless expressly stated otherwise. Failure to agree with these Terms of Use prohibits the User from visiting or using the Site.

This Site is provided and made available to users who are 18 years of age or older. By utilizing this Site, the User represents and warrants that they have reached the higher of the legal age required to form a binding contract with the Company in the User’s applicable jurisdiction or eighteen (18) years of age and comply with all the foregoing eligibility requirements. Should the User fail to meet these requirements, they are prohibited from accessing or using the Site.

User and Company shall engage in good faith with respect to each other’s rights and undertake mutually to perform all actions reasonably necessary or desirable to give effect to the spirit and intent of this Agreement.

 

  1. Changes to the Terms of Use.

We reserve the right to revise and update these Terms of Use at our sole discretion. All modifications become effective immediately upon posting and are applicable to all access to and use of the Site thereafter. However, any alterations to the dispute resolution provisions outlined herein will not affect disputes for which the parties have received actual notice before the date the modification is posted on the Site.

The User’s continued use of the Site subsequent to the posting of revised Terms of Use indicates the User’s acceptance and agreement to the changes. It is the User’s responsibility to review this page each time they access the Site to stay informed of any modifications, as such changes are legally binding on the User.

Notwithstanding the above, we will seek the User’s consent to future modifications to the Terms of Use to the extent required by law.

 

  1. Electronic Communication

We may be obligated or opt to furnish certain communications to the User in written form. Through the acceptance of the Terms of Use, the User provides consent to the delivery of such communications in electronic form, including via e-mail or other electronic messaging. The User acknowledges that all terms and conditions, disclosures, or agreements presented by the Company electronically fulfill any legal requirement such communications would satisfy if provided in non-electronic writing. The User relinquishes any rights to demand an original, wet, non-electronic signature, to the extent that such waiver is not prohibited under applicable law.

 

  1. Accessing the Site and User Security.

We reserve the right to withdraw or modify this Site, as well as any service or material provided on the Site, at our sole discretion without prior notice. We shall not be held liable if, for any reason, all or any part of the Site becomes unavailable at any time or for any period. Periodically, we may restrict access to certain parts of the Site, or the entire Site, to those who access the Site (“Participants”).

The User is responsible for both:

  • Making all necessary arrangements for the User to access the Site.
  • Ensuring that all persons who access the Site through the User’s internet connection are aware of and comply with these Terms of Use.

To access the Site or some of the resources it offers, the User may be required to utilize certain Web3 capabilities, such as MetaMask or another crypto-asset wallet capable of interacting with the User’s web browser (“Web3 Utilities”). It is a condition of the User’s use of the Site that all information be operated through such Web3 Utilities with private key(s) that the User created or has the direct, explicit permission of the party who created the relevant private key(s). The User agrees that all information provided to interact with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and the User consents to all actions we take with respect to the User’s information consistent with our Privacy Policy.

If the User utilizes a Web3 Utility that relies on a username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential and must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity while using this Site or portions of it using its Web3 Utility. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Site at the end of each session. The User should use particular caution when accessing the Site from a public or shared computer so that others are not able to view or record the User’s password, private key, or other personal information.

We have the right to disable any identity associated with a Web3 Utility (such as that represented by a public address) on the Site or to block any IP address from accessing the Site at any time at our sole discretion for any or no reason, including if, in our opinion, the User or that identity has violated any provision of these Terms of Use.

 

  1. Intellectual Property Rights.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are the proprietary assets of the Company, its licensors, or other providers of such material, and are protected by any applicable law, including international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to the terms and conditions of the Terms of Use, we hereby grant the Users a limited, non-transferable, non-sublicensable, non-exclusive, and revocable license to use the Site for personal use until such time as the Terms of Use terminate or expire, or the User’s right to use or access the Site is terminated.

The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
  • The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
  • The User may print or download one copy of a reasonable number of pages of the Site for its own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by our end user license agreement or other similar applicable agreement for such applications.
 

The User must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
  • Frame or embed Site on another https://inkhk.app.inkfinance.xyz without our express written permission.
  • If the User wishes to make any use of material on the Site other than that set out in this section, it should request to us.

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Site in breach of the Terms of Use, the User’s right to access the Site will cease immediately, and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Site or any content on the Site is transferred to the User, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

  1. Trademarks.

The INK.HK Technologies Limited and all related names, logos, product and service names, designs, and slogans are recognized as trademarks owned by the Company or its affiliates or licensors. Any use of such marks without the prior written permission of the Company is strictly prohibited; however, the User is hereby granted permission and a license to use the terms INK.HK and any related names (excluding the INK.HK Technologies Limited), logos (excluding the Company logo), product and service names, designs, and slogans in any manner they deem appropriate, provided that such usage is not conducted in a manner that: (1) is deceitful, fraudulent, or manipulative, (2) implies any relationship between the User and the Company beyond that reasonably typical of the administrator of an Site and its users, or (3) causes confusion in any way to gain assets or crypto-assets of, or personal information about, another party other than that intended by the Service (for example, the User may not use the foregoing marks to execute phishing attacks, spearphishing attacks, social engineering, or in any way that may cause a party to transmit assets or crypto-assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, product and service names, designs, and slogans on the Https://inkhk.app.inkfinance.xyz and Site are the trademarks of their respective owners.

 

  1. Prohibited Uses.

The User may access or use the Site only for lawful purposes and in accordance with these Terms of Use. The User agrees not to use or access the Site:

  • In any way that violates any applicable Hongkong law or regulation, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Hongkong).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or blockchain identities associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or Participants, or expose them to liability.
  • If they are a citizen or resident of or are otherwise accessing the Site from Forbidden Jurisdictions.
  • If doing so is in violation of any laws or regulations according to the User’s applicable jurisdiction(s).

For the purpose of this Agreement, the term “Forbidden Jurisdictions” shall refer to:

  • Cuba
  • Iran
  • North Korea
  • Syria
  • The Crimean, Donetsk, and Luhansk Regions of Ukraine
  • Iraq
  • Sudan
 

PLEASE NOTE THAT SUCH LIST OF FORBIDDEN JURISDICTIONS IS SUBJECT TO CHANGE AT ANY TIME BY THE COMPANY TO ENSURE COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO SANCTIONS, EXPORT CONTROLS, SECURITIES, FINANCIAL REGULATIONS, OR ANY OTHER PERTINENT LEGAL REQUIREMENTS. THE COMPANY RESERVES THE RIGHT TO UPDATE OR MODIFY THIS LIST AT ITS DISCRETION AND WITHOUT PRIOR NOTICE TO ACCOMMODATE CHANGES IN APPLICABLE LAWS AND REGULATORY REQUIREMENTS. USERS ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS OF USE TO ENSURE THEIR CONTINUED COMPLIANCE WITH ANY SUCH ADJUSTMENTS.

 

Additionally, the User agrees not to:

  • Attempt to deceive or defraud any person, or actually deceive or defraud any person, including (without limitation) provide any false, inaccurate, or misleading information with the intent to unlawfully obtain the property of another.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, misrepresent the User’s identity, or misrepresent its affiliation with any person or organization.
  • Engage in any activity or behavior that violates any applicable law, rule, or regulation concerning, or otherwise damages, the integrity of trading markets or the Service, including (without limitation) tactics commonly referred to as spoofing, pump-and-dump schemes, and wash trading.
  • Give the impression that they emanate from or are endorsed by the Company or any other person or entity if this is not the case.
  • Use the Site to execute any transactions that may be considered a securities transaction or otherwise requires registration with the Hong Kong Securities and Futures Commission (SFC), or any other global regulator or agency or applicable self-regulatory organization.
  • Use the Site in any manner that could disable, overburden, damage, impair, or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, malware, Trojan horses, worms, logic bombs, malicious code, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, including any underlying blockchain.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
 
  1. Monitoring and Enforcement; Termination.
 

We reserve the right to:

  • Initiate appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend a User’s access to all or part of the Site for any reason, with or without cause, including, but not limited to, any violation of these Terms of Use.
 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or accessing the Site. THE USER WAIVES AND HOLDS HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AGENTS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we are unable to review interactions or activities before their execution through the Site, and, given the nature of blockchain and smart contract activity, cannot ensure the prompt removal or rectification of objectionable interactions or activities after their execution. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, transactions, blockchain operations, or content provided by any Participant or third party. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR THE PERFORMANCE OR NON-PERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION, NOR FOR ANY HARMS OR DAMAGES CAUSED BY OTHERS’ INTERACTIONS WITH ANY BLOCKCHAIN UNDERLYING THE SITE.

 

  1. Reliance on Information Posted.

The information presented on or through the Site is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Users should not take or refrain from taking any action based on any information contained on the Site or any other information available, including but not limited to community calls, social media posts, articles, links to third-party content, Discord communications, or tutorials. All community communications from contributors to the ecosystem around the Company are independent of the Company, and we will not have and do not assume any responsibility for their actions or omissions. Any reliance the User places on such information is strictly at the User’s own risk, and as is common in the blockchain space, the User is assuming a high amount of risk related to others or technical harms when operating via the Site. We disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other visitor to the Site, by anyone who may be informed of any of its contents, or by the actions (or omissions) of others interacting with any underlying blockchain.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties.

 

  1. Changes to the Site.

We reserve the right to update the content, design, or functionalities of this Site periodically; however, the Site may not be consistently complete or up-to-date. Any material on the Site may become outdated at any given time, and we are not obligated to update such material.

 

  1. Information About The User and The User’s Visits to the Site.

All information collected on this Site is governed by our Privacy Policy. By using the Site, the User consents to all actions taken by us with respect to the User’s information in accordance with the Privacy Policy.

 

  1. No Professional Advice.

All information or content provided or displayed by the Site is intended for informational purposes only and should not be considered professional advice, including, but not limited to, tax, legal, or financial advice. The User should not take, or refrain from taking, any action based on any information or content displayed or provided on the Site. The User should seek independent professional advice from an individual licensed and qualified in the relevant area before making any financial, legal, or other decisions involving the Site. The User acknowledges and agrees that, to the fullest extent permissible by law, it has not relied on the Company or any other Participant for any professional advice related to its use of the Site or interactions with the Service.

 

  1. WARRANTY DISCLAIMER.

The User acknowledges that we cannot guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to meet the User’s specific requirements for (1) an appropriate Web3 Utility; (2) anti-virus protection and accuracy of data input and output; and (3) maintaining a means external to our site for the reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER’S USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO THE USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY https://inkhk.app.inkfinance.xyz LINKED TO IT.

THE USER’S USE OF THE SITE, ITS CONTENT, AND ANY OF ITS SERVICES IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, WE, NOR ANY PERSON ASSOCIATED WITH THE COMPANY, MAKES, AND WE EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SITE (AND THE SERVICE), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. THE COMPANY AND ANY PERSON ASSOCIATED WITH THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (1) ACCESS TO THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE SITE IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (3) THAT THE SITE WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, PRIVATE, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR THAT THE SITE WILL MEET THE USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR OUR PRIVATE COMMUNICATIONS, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SITE (OR AS A REPRESENTATION REGARDING THE SERVICE). WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING OR THROUGH THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, THE SITE, THE SERVICE, ANY https://inkhk.app.inkfinance.xyzS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER https://inkhk.app.inkfinance.xyzS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY OR ANY FAILURE OF THE SERVICE OR THE UNDERLYING BLOCKCHAINS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Nature of Blockchain; Assumption of Risk; Waiver of Claims.

Blockchains and smart contracts are evolving technologies that entail a substantial amount of foreseeable and unforeseeable risks from security, financial, technical, political, social, and personal safety perspectives. The mere access to and interaction with blockchains and smart contracts require a high degree of skill and knowledge to operate with a relative degree of safety and proficiency. Crypto-assets exhibit high volatility due to various factors, including use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and applications. Additionally, the speed and cost of transacting with cryptographic technologies, such as blockchains, are variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the User has with the Service may be publicly visible and readable in human form.

By accessing and using the Site, the User acknowledges the foregoing and agrees and represents that it understands such and other risks involved with blockchains and the Service. The User further represents that it has all knowledge sufficient to work and is informed of all foreseeable risks, and the possibility of unforeseeable risks, associated with blockchains, crypto-assets, crypto mining, Web3 Utilities, smart contracts, and the Service. The User further acknowledges that any crypto-assets the User places or uses within the Service may increase or decrease in value rapidly while they are involved with the Service, or be obtained by other parties or otherwise lost in ways the User may or may not currently foresee (possibly to the User’s severe harm or detriment). The User agrees that the Company is not responsible for any of these (or related) risks, does not own or control the Service, and cannot be held liable for any resulting harms, damages, or losses incurred by or against the User experiences while accessing or using the Site. Accordingly, the User acknowledges the foregoing, represents its understanding of the foregoing, and agrees to assume full responsibility for all of the risks of accessing and using the Site and interacting with the Service, whether mentioned in this section or otherwise. The User further expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User’s use of the Site and the User’s interaction with the Service.

 

  1. No Fiduciary Duties.

This Agreement and the provision of the Site are not intended to create any fiduciary duties between us and the User or any third party. To the fullest extent permissible by law, the User agrees that neither the User’s use of the Site nor the Service causes us or any Participant to owe fiduciary duties or liabilities to the User or any third party. Further, the User acknowledges and agrees that to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other Participant shall be held completely harmless in relation thereto. The User further agrees that the only duties and obligations that we or any Participant owes the User, and the only rights the User has related to this Agreement or the User’s use of the Site or the Service, are those set out expressly in this Agreement.

 

  1. Provisions Specific to Certain Types of Participants.

The Site and the Service enable Participants to serve in certain capacities or perform certain functionalities when interacting with the Service. In order to serve in some of these capacities or otherwise perform these functionalities, the User may have been required to enter into other agreements or documents, each of which is hereby incorporated for reference. The types of Service capacities or functionalities available to Participants, and the provisions and restrictions applicable to Participants serving in such capacities or performing such functionalities via the Site, include the following, and the User expressly agrees to be bound by any such applicable provisions and restrictions if it serves in any such capacity and/or performs any such functionality:

  • If the User is a Lender:
 

There are risks to serving as a Lender. The User acknowledges the potential harm to its position as a Lender, including the possibility of a complete loss of crypto-assets due to actions or omissions of Borrowers, Intermediaries, or other Participants. Loans made via the Site may be undercollateralized or uncollateralized, leading to a potential loss of crypto assets in case of default. Even in fully-collateralized loans, the User may lose crypto-assets due to liquidation expenses, shifts in collateral prices, or other factors. The absence of a constant liquidity pool may delay Lender withdrawals until Borrower repayment or interest payments. The User agrees to assume full responsibility for all risks related to its status as a Lender, including any associated functionalities on the Site, whether explicitly mentioned or not. Additionally, the User agrees not to engage in harmful, fraudulent, illegal, or prohibited activities related to its status as a Lender and waives liability, holding the Company and other Participants harmless for harms not caused by gross negligence, recklessness, or intentional misconduct. The User reiterates that its use of the Site does not create fiduciary duties between the User and the Company or any other Participant.

In case of default, Users will be reimbursed in the following order until funds are depleted: enforcement costs to the Company per the related legal agreements; principal balance owed to Lenders on a pro-rata basis as of the date of default; accrued interest owed to Lenders on a pro-rata basis as of the date of default; fees owed to the Company.

  • If the User is a Borrower:
 

The User agrees to abide by the terms and provisions of the related legal agreements and any Loan agreement executed in relation to the Service (each incorporated by reference). The User agrees not to use or access the Site in any way that would violate those terms and provisions, including manipulating the Site to borrow larger amounts.

 

  1. Compliance.

The availability, appropriateness, or legality of the Site may vary across jurisdictions. By accessing or using the Site, the User agrees to assume sole and entire responsibility for compliance with all laws and regulations in any jurisdiction applicable to them. This responsibility extends to taxes, and the User is solely responsible for any taxes or assessments claimed or imposed by any government authority or regulator associated with their use of the Site.

The User may not use the Site if their use or access would be illegal or violate any applicable law.

 

  1. Links from the Site.

The Site may include links to other sites and resources provided by third parties for convenience only. This encompasses links in advertisements, including banner advertisements and sponsored links. We do not have control over the contents of those sites or resources and assume no responsibility for them or for any loss or damage that may arise from the User’s use of them. If the User chooses to access any third-party https://inkhk.app.inkfinance.xyzs linked to this Site, they do so entirely at their own risk and are subject to the terms and conditions of use for such https://inkhk.app.inkfinance.xyz.

 

  1. Wallet guarantee.

The User acknowledges and agrees that:

  • They are in full control of the Wallet Addresses provided in the Site.
  • All cryptocurrencies lent by the User will be transferred from Wallet Addresses that are fully controlled by the User.
  • They undertake not to transfer any portion of the Tokens representing their loan to any Wallet Address which they do not control in full.
  • The Company does not provide any guarantee or warranty for the security or integrity of the Wallet Addresses used within the Site.
  • They shall take appropriate measures to secure and protect their Wallet and use best practices for Wallet management. The Company disclaims any liability for any loss, damage, or unauthorized access related to their Wallet.
 
  1. Indemnification.

The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, licensors, agents, and service providers, as well as its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims (including those by any government agency or body), liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to: (1) the User’s breach of these Terms of Use; (2) the User’s utilization of the Site, including but not limited to interactions with the Service, reliance on the content, services, and products beyond the scope authorized in these Terms of Use; (3) the User’s use or reliance on any information obtained from the Site; or (4) any third party’s access and use of the Site or Service with the User’s assistance or through any device or account owned or controlled by the User.

 

  1. Governing Law and Jurisdiction.

All matters concerning the Site and these Terms of Use, including any dispute or claim arising therefrom or related thereto (whether contractual or non-contractual), shall be governed by and construed in accordance with the laws of Hong Kong, excluding any choice or conflict of law provision or rule.

 

  1. Arbitration; Class Arbitration Waiver.

Any dispute, controversy, or claim arising out of, relating to, or in connection with the User’s use of the Site or the Service, or in connection with this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be ultimately resolved through binding arbitration under the laws of Hong Kong. The arbitration proceedings shall be conducted in accordance with the arbitration rules of the Hong Kong International Arbitration Centre (HKIAC). The tribunal formed for arbitration shall have the authority to decide on any challenge to its own jurisdiction or the validity and enforceability of any part of the arbitration agreement. The parties agree to arbitrate solely on an individual basis, and these Terms of Use do not allow for class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. If the prohibition on class arbitration is found to be invalid or unenforceable, the remaining portions of the arbitration agreement will remain in effect.

 

  1. Class Action and Jury Trial Waiver.

Without limiting Section 22, any disputes related to the User’s use of the Site or the Service must be brought in an individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to any court action, action in front of a mediator, or class arbitration. The Parties agree to waive the right to demand a trial by jury.

ALL USERS ACKNOWLEDGE AND AGREE THAT THE USER AND COMPANY ACKNOWLEDGE AND AGREE THAT BOTH PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. To opt-out of arbitration, within 30 days of your use of the Site, you must notify us in writing of your intent to opt-out of the Arbitration provisions by providing your first and last name and clear statement of your intent to opt out. The written intent to opt-out should be sent to 10/F China Merchants Building, 303-307 Connaught Road Central, Sheung Wan, Western District, Hong Kong Island, Hong Kong, PRC.

 

  1. Injunctive Relief Waiver.

To the maximum extent permitted by law, the User agrees that the User will not be permitted to obtain an injunction or other equitable relief of any kind, such as any court action that may prevent the development or operation of the Site.

 

  1. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ITS USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. Waiver and Severability.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

  1. Entire Agreement.

The Terms of Use and any documented incorporated by reference herein constitute the sole and entire agreement between the User and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

 

  1. Comments and Concerns

This Site is operated by us.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: ink@inkfinance.hk