The rules and guidelines for using DefiLean's services
These Terms of Service ("Terms") govern your access to and use of the DefiLean website, applications, products, and services (collectively, the "Services"). Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Important Notice: These Terms contain an arbitration provision that requires disputes to be arbitrated on an individual basis, rather than by class actions or jury trials. By using our Services, you agree to these terms.
DefiLean offers innovative decentralized insurance products using blockchain technology. Insurance policies are facilitated through smart contracts, and certain terms, conditions, and limitations apply to each insurance product.
To use our Services, you must:
By using our Services, you represent and warrant that you meet all of the above eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
You may need to create an account to access certain features of the Services. When registering for an account, you must provide accurate and complete information. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
You agree to:
We reserve the right to disable, suspend, or terminate your account if we believe that you have violated any provision of these Terms or if your account has been compromised.
Our Services require you to connect a compatible blockchain wallet. By connecting your wallet, you understand and acknowledge that:
You may disconnect your wallet at any time, but doing so may impact your ability to access and use certain features of the Services.
DefiLean offers various decentralized insurance products facilitated through smart contracts. Each insurance product has its own specific terms, conditions, coverage limits, exclusions, and premium calculations, which are described in the respective product pages and policy documentation.
By purchasing any insurance product through our Services, you acknowledge and agree to the following:
Our insurance products operate through smart contracts deployed on blockchain networks. You acknowledge and understand that:
Insurance claims through our Services are processed as follows:
We reserve the right to investigate suspected fraudulent claims and may deny coverage in cases of fraud, misrepresentation, or violation of the Terms.
In connection with your use of the Services, you agree that you will not:
By using our Services, you agree to pay all applicable fees for insurance premiums and any additional services you purchase. You acknowledge and agree that:
Payment processing times depend on blockchain network conditions. We are not responsible for delays in payment processing due to network congestion or other blockchain-related issues.
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, and the design, selection, and arrangement thereof, are owned by DefiLean, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
This license does not include any right to:
We reserve all rights not expressly granted to you in these Terms.
Some components of our Services may be offered under an open source license. In such cases, the terms of the applicable open source license may expressly override some of these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
WE STRONGLY RECOMMEND THAT YOU RESEARCH AND UNDERSTAND THE RISKS INVOLVED BEFORE USING OUR SERVICES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING:
EACH INSURANCE PRODUCT HAS SPECIFIC TERMS, CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT DETERMINE COVERAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEFILEAN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEFILEAN AND YOU.
You agree to defend, indemnify, and hold harmless DefiLean, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
For any dispute, claim, or controversy arising out of or relating to these Terms or the Services, you and DefiLean agree to attempt to resolve the dispute informally by first contacting each other. If we cannot resolve the dispute informally within 30 days, then either party may commence formal proceedings as set forth below.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, SHALL BE DETERMINED BY BINDING ARBITRATION BETWEEN YOU AND DEFILEAN.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single, neutral arbitrator.
The arbitrator will apply the law of the state of California and federal law, and the arbitrator's award will be final and binding. The arbitration will take place in San Francisco, California, unless you and DefiLean agree to conduct it elsewhere.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, but if you demonstrate that such costs are prohibitively expensive, DefiLean will pay the filing, administration, and arbitrator fees.
YOU AND DEFILEAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void.
Notwithstanding the foregoing, you and DefiLean agree that the following types of disputes will be resolved in a court of competent jurisdiction rather than through arbitration:
You have the right to opt out of this arbitration agreement by sending written notice to legal@defilean.com within 30 days of first accepting these Terms. If you opt out of this arbitration provision, DefiLean also will not be bound by it.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Subject to the Arbitration provision above, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
If we make material changes to these Terms, we will provide notice through the Services or by other means, such as email. If you do not agree to the updated Terms, you should stop using the Services.
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or delete your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Please note that termination of your account does not affect insurance policies that have already been issued through smart contracts deployed on the blockchain, as these operate independently once deployed.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the sole and entire agreement between you and DefiLean regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
No waiver by DefiLean of any term or condition set out in these Terms 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 DefiLean to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without DefiLean's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. DefiLean may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by DefiLean under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms, please contact us at:
Email: legal@defilean.com
Address: DefiLean, Inc., 123 Blockchain Street, San Francisco, CA 94107, USA