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dOTC Protocol Disclaimer
Please read this Disclaimer carefully before accessing, interacting with, or using the dOTC Protocol software, consisting of the dOTC Protocol technology stack (in particular its smart contracts) as well as any other dOTC technology such as e.g. the launch kit for frontend operators or information shown under the website dOTC.eth (together the “dOTC Protocol Software”).
This disclaimer relates to the use of the dOTC Protocol Software. The dOTC Protocol Software enables its users (“User”) to create peer-to-peer token by depositing tokens towards autonomous smart contracts. For the use of the functions of the dOTC Protocol Software, the involved smart contracts automatically and autonomously deduct technical fees, which are deposited into a non-governed smart contract, which any users can then trigger to automatically purchase SMT tokens from decentralized smart contracts and subsequently burned said tokens (if any). Any and all functionalities of the dOTC Protocol Software are of purely technical nature and there is no claim towards any private individual or legal entity in this regard.
While Swarm Markets GmbH developed the dOTC Protocol Software, the dOTC Protocol Software runs as a public common good in a fully decentralized and autonomous manner on the Ethereum and Polygon network. Swarm Markets GmbH, SwarmX GmbH or any of it’s affiliates are neither involved as a contractual counterparty, nor in any way responsible for the operation, running or functioning of the dOTC Protocol Software and/or any of the interactions, collaborations or factual relationships between Users and the smart contracts of the dOTC Protocol Software. Swarm Markets GmbH, SwarmX GmbH or any of it’s affiliates have neither access to nor any other possibility to control and/or influence the corresponding transactions, deposits and/or allocations made by the Users and the involved smart contracts using the dOTC Protocol Software. Swarm Markets GmbH or SwarmX GmbH do not operate any part of the frontend, does not own any frontend, nor has it entered in any relationship towards the frontend operators.
In particular, Swarm Markets GmbH, SwarmX GmbH or any of it’s affiliates have not and will not enter into any legal or factual relationship with any User of the dOTC Protocol Software. CONSEQUENTLY, SWARM MARKETS GMBH, SWARMX GMBH OR ANY OF IT’S AFFILIATES ARE NOT LIABLE TO ANY USER FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, IN CONNECTION WITH THE USE OR INABILITY TO USE THE dOTC PROTOCOL SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF ANY CRYPTO ASSETS, NON-ALLOCATION OF TECHNICAL FEES TO SMT HOLDERS, LOSS OF DATA, BUSINESS INTERRUPTION, DATA BEING RENDERED INACCURATE OR OTHER LOSSES SUSTAINED BY A USER OR THIRD PARTIES RELATED TO THE dOTC PROTOCOL SOFTWARE AND/OR ANY ACTIVITY OF A FRONTEND OPERATOR OR A FAILURE OF THE dOTC PROTOCOL SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE).
The dOTC Protocol Software has been developed and published under the GNU GPL v3 open-source license, which forms an integral part of this Disclaimer.
As the dOTC Protocol Software is of experimental nature it may contain bugs, defects, or errors (including any bug, defect, or error relating to or resulting from the display, manipulation, processing, storage, transmission, or use of data) that may materially and adversely affect the use, functionality, or performance of the dOTC Protocol Software or any product or system containing or used in conjunction with the dOTC Protocol Software.
THE dOTC PROTOCOL SOFTWARE HAS BEEN PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE dOTC PROTOCOL SOFTWARE IS HIGHLY EXPERIMENTAL AND ANY REAL CRYPTO ASSETS SENT, SWAPPED OR DEPOSITED TO THE dOTC PROTOCOL SOFTWARE ARE AT RISK OF BEING LOST INDEFINITELY, WITHOUT ANY KIND OF CONSIDERATION.
There are no official frontend operators, and the use of any frontend is made by User at its own risk. To assess the trustworthiness of a frontend operator lies in the sole responsibility of the User and must be made carefully.
Further, as the dOTC Protocol Software is built on the Ethereum and Polygon network its proper functioning is depending on the Ethereum and Polygon network and any transaction requires ETH or MATIC as gas.
There are also general risks associated with purchasing, owning and using cryptographic Token (hereinafter “Token”) In order to access and make use of certain features of the dOTC Protocol Software, a User may need Token (in particular, ETH, MATIC and/or SMT).
Token such as ETH, MATIC and SMT are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks. The cost of transacting on the Ethereum and Polygon network or related blockchain technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum and Polygon network.
User is solely responsible for transacting and holding Token like ETH, MATIC and/or SMT while accessing and/or interacting with the dOTC Protocol Software.
SMT does represent or constitute any ownership right or stake, shares or security or equivalent rights nor any rights to receive future revenues or shares or any other form of participation or governance rights in or relating to any private individual or legal entity. In particular, SMT does not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to any private individual or legal entity.
User is responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism used to receive and hold ETH, MATIC and/or SMT or any other Token, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If User’s private key(s) or other access credentials are lost, User may lose access to its Token.
The dOTC Protocol Software could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit User’s ability to access or use the dOTC Protocol Software.
User is solely responsible for complying with applicable law when interacting (in particular, when using ETH, MATIC and/or SMT) with the dOTC Protocol Software whatsoever.
The information contained on the dOTC website is not intended to solicit any financial product. You may only use the dOTC Protocol if you qualify as a “Qualified Investor” and are not a US-Person.
Qualified Investor according to article 2(e) of the Regulation (EU) 2017/1129 (EU-Prospectus Regulation) if located in a member country of the European Union (EU) or the European Economic Area (EEA), OR Professional Client as defined in article 4(3) and 5(1) of the Swiss Financial Services Act (FinSA), OR (ii) if located in any other jurisdiction, an equivalent status to the above mentioned EU/EEA Qualified Investor status, OR Swiss Professional Client, such as qualified/professional/accredited/classified/sophisticated investor/client, according to the applicable laws in the jurisdiction.
Should the dOTC Protocol be used with tokens that represent securities, they may have not been be registered under the U.S. Securities Act of 1933, as amended or with any securities regulatory authority of any State or other jurisdiction of the United States and (i) may not be offered, sold or delivered within the United States to, or for the account or benefit of U.S. Persons, and (ii) may be offered, sold or otherwise delivered at any time only to transferees that are Non-United States Persons (as defined by the U.S. Commodities Futures Trading Commission). The following information on the dOTC website may not be distributed outside of jurisdictions where prospectus will be approved and/or passported, in particular not in the United States or any other restricted jurisdiction. Important Notice: NOT available for UK Clients. The products are not promoted or offered to clients based in the UK. The offering or sale of the securities in certain jurisdictions may be restricted by law including because of the underlying(s). For a description of certain restrictions on offers and sales of the securities and on the distribution of this refer to the product documentation. The information does not constitute, and may not be used in connection with, an offer or solicitation in any place where offers or solicitations are not permitted by law. If the laws or regulation of a jurisdiction require that an offering of securities described herein be made by a licensed bank, securities firm or insurance company or any of its affiliates, the offering shall be deemed to be made by such other party or such affiliate on behalf of the Issuer or holders of the applicable securities in such jurisdiction. Some of the information published on the dOTC website contains forward-looking statements. The information contained on the dOTC website may not be considered as being a substitute for economic, legal, tax or other advice and users are cautioned to base investment decisions or other decisions solely on the content of the dOTC website. An investment decision with respect to tokens or even tokenized financial assets on the dOTC website must only be made on the basis of the official documents published in accordance with applicable securities laws. Users should consult their investment advisers or other advisers prior to making any decisions.
(1) to the Terms and acknowledge that you are aware of the existing risk and knowingly accept it,
(2) that you have read, understood and accept the legal information and terms of service and privacy note presented in the Terms, and
(3) that you are neither a US person nor a person subject to international sanctions (in particular as imposed by the European Union, Switzerland, the United Nations, as well as the USA). If you do not meet these requirements, please refrain from using the dOTC Protocol.