All goods or services provided through the Axelar network (the “Protocol”) are provided on an “as is,” “as available” basis. The Protocol is constantly under active development, and it is currently undergoing its “beta” testing phase, meaning that while the core features of the Protocol have been implemented, undetected bugs, errors, and vulnerabilities may remain undiscovered until this phase of testing is complete.
The Protocol may now or in the future contain undetected errors, bugs, or vulnerabilities. It is possible that Axelar, Inc. (the “Company”) or the Axelar Foundation (the “Foundation”) will not detect errors in the Protocol or the underlying technology until after code has been fully released for external or internal use. Any errors, bugs, vulnerabilities, or other design defects discovered in the Protocol’s code after release may result in a negative experience for the Protocol’s users.
Users are responsible for knowing their private key address and keeping such address a secret. Because a private key, or a combination of private keys, is necessary to control and dispose of the digital assets stored in the user’s digital asset wallet, the loss of one or more of a user’s private keys associated with her, his or its digital asset wallet storing the user’s digital assets will result in the loss of the user’s digital assets. Moreover, any third party that gains access to one or more of a user’s private keys, including by gaining access to login credentials of a hosted wallet service a user uses, may be able to misappropriate a user’s digital assets. The Company and its affiliates will never ask a user for her, his or its private key address and a user should never share them with someone the user does not know and trust.
Transactions in digital assets performed via the Protocol may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Once a transaction has been verified and recorded in a block that is added to the blockchain, an incorrect transfer or a theft of digital assets generally will not be reversible. If a party is able to hack a user’s account and initiate a transaction, the user may not be capable of receiving compensation for any such transfer or theft. If there is an error and a transaction occurs with the wrong account, to the extent that the Company is unable to seek a corrective transaction with such third party or is incapable of identifying the third party which has received the digital assets transferred through error or theft, neither the Company nor the Foundation will be able to revert or otherwise recover incorrectly transferred digital assets. The user is solely responsible for providing the Protocol with accurate information with respect to the destination digital asset wallet intended for the receipt of the user’s digital assets. If information provided by a user proves incorrect, and as a result, the digital assets are not delivered to the intended destination digital asset wallet, neither the Company nor the Foundation will have any liability to the user for the loss of such digital assets suffered by the user.
THE USER’S USE OF THE PROTOCOL AND ANY RELATED SERVICES IS AT THE USER’S SOLE RISK. THE PROTOCOL IS PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE COMPANY AND THE FOUNDATION DO NOT MAKE (AND EXPLICITLY DISCLAIM) ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE PROTOCOL, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR THE FOUNDATION (NOR ANY PERSON ASSOCIATED WITH EITHER ENTITY) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PROTOCOL OR ANY RELATED SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, THE FOUNDATION, OR ANY AFFILIATES, OR THEIR 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 PROTOCOL, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE COMPANY’S WEBSITE OR SUCH OTHER WEBSITES, 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 (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIPT, OR MANIPULATION), WHETHER OR NOT A PARTICIPANT, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE PROTOCOL, THE USER’S WEB3 UTILITIES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, THE FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT THE USER HAS PAID DIRECTLY TO THE COMPANY FOR THE USE OF THE PROTOCOL IN THE LAST SIXMONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.