Terms of Service

To be eligible to access and use the Website, you must be at least 18 years old (or the age of majority where you reside, whichever is older), and must not be barred from using the Website under applicable law. In addition, you must be able to form a legally binding contract online either on behalf of a company or as an individual.

If you are agreeing to this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or entity to this Agreement, can form a legally binding contract online, and have the full right, power, and authority to enter into and comply with this Agreement.

Additionally, by accessing the Website, you represent and warrant that you are not subject to sanctions administered or enforced by the United States (including OFAC), and you are not a citizen or resident of, located in, incorporated in, or otherwise organized under the laws of, any jurisdiction that is embargoed by the United States, or where your use of the Website would be illegal or otherwise violate any domestic or foreign law, rule, statute, or regulation ("Applicable Law").

We may suspend, restrict, or terminate your access to any or all features of the Website and/or block or bar any transactions if: (a) we are required to do so by subpoena, court order, binding order of a government authority, or Applicable Law; (b) you breach this Agreement, including by conducting prohibited activities; or (c) we determine to do so for legal, regulatory, security, or risk management reasons in our sole discretion.

Certain Index Products, tokens, or networks accessible through the Website may have specific eligibility requirements beyond the general eligibility above. We may publish, update, and maintain lists of restricted products, restricted tokens, restricted jurisdictions, and/or restricted persons (collectively, "Restricted Access Lists") on the Website. Prior to entering any transaction, you agree to review the Restricted Access Lists and monitor them for updates to ensure your compliance with this Agreement and Applicable Law.

You shall not access, purchase, obtain exposure to, or otherwise acquire any restricted Index Products or restricted tokens if you are: a citizen, resident (tax or otherwise), and/or green card holder of the United States, incorporated in, owned or controlled by a person or entity in, located in, or having a registered office or principal place of business in the United States (a "U.S. Person"), or a person in any jurisdiction in which such access, offer, sale, or purchase would be unlawful, prohibited, or unauthorized (together with U.S. Persons, "Restricted Persons"). You shall not resell, transfer, or otherwise make any restricted Index Products or restricted tokens available to any Restricted Person. Any such transfer or resale is not permitted.

Subject to your compliance with this Agreement, DiversiFi owns or is duly authorized to use the intellectual property and other rights in the Website and its contents, including all text, layouts, designs, graphics, and Website software.

Third party token names and logos. The names, symbols, logos, and branding of digital tokens and third party projects displayed on the Website are the property of their respective owners. They are displayed for informational and identification purposes only. No ownership, sponsorship, endorsement, affiliation, or authorization is implied.

Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Website or any of its contents. Provided that you are eligible and in consideration for your compliance with this Agreement, you are granted a single, personal, limited license to access and use the Website. This license is non exclusive, non transferable, and freely revocable by us at any time without notice or cause. Use of the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.

Unlike the Website software, the underlying blockchain protocols and smart contract systems that may be used in connection with transactions are typically open source software and are not DiversiFi proprietary software.

To the maximum extent permitted under Applicable Law, the Website (and any content or functionality) is provided on an "AS IS" and "AS AVAILABLE" basis, and we expressly disclaim, and you waive, any representations, conditions, or warranties of any kind, whether express or implied, legal, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment, and non infringement of third party rights.

Without limiting the foregoing, we do not represent or warrant that the Website (including any related data) will be uninterrupted, available at any particular time, secure, or error free. We do not warrant that errors are correctable or will be corrected.

The Website provides a user interface that may facilitate interactions with third party smart contracts, protocols, decentralized exchanges, aggregators, routers, bridges, blockchains, and other third party services (collectively, "Third Party Services"). DiversiFi does not own, control, or operate Third Party Services and is not responsible for their performance, availability, security, legality, or compliance.

You understand and agree that:

1. No advice. DiversiFi is not acting as your broker, intermediary, agent, fiduciary, investment adviser, commodity trading adviser, financial adviser, or tax adviser. Nothing on the Website constitutes an offer, solicitation, recommendation, endorsement, or advice to buy, sell, or hold any asset or Index Product. You are solely responsible for determining whether any transaction is appropriate for you.
2. No custody. DiversiFi does not custody your assets, does not control your wallet, and does not have access to your private keys. Transactions are initiated by you from your wallet, and you remain solely responsible for safeguarding your wallet, private keys, seed phrase, and signing authority.
3. No regulatory approval. No financial regulatory authority has reviewed, approved, or endorsed the Website or any Index Product. DiversiFi is not registered or licensed with the U.S. Securities and Exchange Commission, U.S. Commodity Futures Trading Commission, Financial Crimes Enforcement Network, or any other financial regulatory authority, and the Website may not be available in certain jurisdictions or to certain persons.
4. Restricted Persons and Restricted Access Lists. You must comply with Section 1 and any Restricted Access Lists posted on the Website. You are solely responsible for ensuring that your access and transactions are lawful in your jurisdiction and for any resale or transfer restrictions that may apply.

DiversiFi shall not be liable for any person or entity's failure to understand, agree to, and comply with these requirements.

The Website may utilize Third Party Services and smart contracts to route, quote, and execute transactions across one or more blockchains (each, "Distributed Ledger Technology"). Transactions that involve Distributed Ledger Technology require you to pay fees, such as network gas fees, protocol fees, liquidity provider fees, bridge fees, slippage, and other charges (collectively, "Charges").

DiversiFi may charge fees for your use of the Website or for certain features. If we impose fees, we will present the applicable fees to you at the time you authorize the transaction or use the feature. You are responsible for paying all Charges, including Charges imposed by Distributed Ledger Technology and Third Party Services, and you acknowledge that Charges may change dramatically and without notice due to network conditions.

You acknowledge and agree that DiversiFi has no control over Distributed Ledger Technology transactions, the method of payment of Charges, or the actual payment of Charges. You must ensure you have a sufficient balance in your wallet to complete any transaction before initiating it.

By accessing and using the Website, you represent that you understand the inherent risks associated with cryptographic and blockchain based systems and digital tokens.

DiversiFi does not control the underlying software protocols of any digital tokens, networks, or Third Party Services accessible through the Website. You agree that we are not responsible for the operation, functionality, security, or availability of those protocols or services and are not liable for any loss of token value you may encounter due to any change, malfunction, exploit, hack, failure, fork, or other event.

You understand and acknowledge, without limitation, that:

• Markets for digital tokens are highly volatile, and meme coins may experience extreme price swings, low liquidity, rapid collapses, and total loss.
• Index Products may rebalance, change composition, experience tracking error, and may not perform as expected.
• Transactions are generally irreversible. If you send assets to the wrong address, interact with malicious contracts, or sign a malicious transaction, you may permanently lose assets.
• Smart contracts may contain vulnerabilities, may be exploited, and may fail to function as intended.
• Network congestion, validator issues, bridging, MEV, frontrunning, reorgs, outages, and other blockchain risks may cause failed, delayed, reverted, or expensive transactions.
• Regulatory changes, investigations, enforcement actions, private litigation, or other legal developments may impact your ability to hold, trade, or use digital tokens and may result in loss, restrictions, or liability.

You assume full responsibility for all risks of accessing and using the Website and interacting with Distributed Ledger Technology. DiversiFi is not responsible for any loss you may experience as a result of these risks.

You should be aware that anyone can create digital tokens and related projects. DiversiFi makes no representation about the nature, quality, legitimacy, safety, or legal categorization of any token or project displayed or accessible through the Website. You are responsible for doing your own research and ensuring you may legally transact in your jurisdiction.

We may, in our sole discretion, at any time and with or without prior notice, modify, suspend, or disable, temporarily or permanently, the Website, in whole or in part, for any reason, including as a result of a security incident.

We will not be liable for any losses suffered by you resulting from any modification, suspension, or termination of your access to the Website. All provisions that by their nature should survive will survive any termination, including Sections 3 through 6, 9 through 23, and any other provisions that by law or by their nature should survive.

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access to or use of the Website:

16.1 Intellectual Property Infringement. Activity that infringes or violates any person or entity's copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights.

16.2 Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including viruses and denial of service attacks.

16.3 Fraud or Misrepresentation. Activity that seeks to defraud us or any other person or entity, including providing false, inaccurate, or misleading information to unlawfully obtain the property of another.

16.4 Market Manipulation. Activity that violates any Applicable Law concerning market integrity, including spoofing and wash trading.

16.5 Gambling. Activity that stakes or risks something of value upon the outcome of a contest, event, or game of chance, including lotteries, bidding fee auctions, political betting, sports forecasting, and sweepstakes.

16.6 IP Address Disguise. Activity that enables non eligible persons to access or transact via the Website by using a VPN, proxy, or similar service with the intent of disguising your IP address or location.

16.7 Any Other Unlawful Conduct. Activity that violates any Applicable Law, including restrictions and regulatory requirements imposed by U.S. law, including U.S. securities laws, commodities laws, sanctions laws, and all other applicable regulatory restrictions or requirements.

To the extent permitted by Applicable Law, in consideration for being allowed to use the Website, you hereby release and forever discharge DiversiFi from, and waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, the Website.

YOU HEREBY WAIVE ANY APPLICABLE PROVISION IN LAW OR REGULATION IN CONNECTION WITH THE FOREGOING, INCLUDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Please read this section carefully because it requires you to arbitrate certain disputes and claims with DiversiFi and limits the manner in which you can seek relief from us, unless you opt out by following the instructions below. Arbitration precludes you from suing in court or having a jury trial.

You and DiversiFi agree that any dispute arising out of or related to this Agreement or the Website, including threshold questions of arbitrability, is personal to you and DiversiFi and will be resolved solely through individual action and not as a class arbitration, class action, or any other type of representative proceeding.

Except for small claims disputes in which you or DiversiFi seeks to bring an individual action in small claims court located in the county or other applicable jurisdiction where you reside, or disputes in which you or DiversiFi seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and DiversiFi waive your rights to a jury trial and to have any dispute resolved in court.

Instead, for any dispute or claim that you have against DiversiFi or relating in any way to the Website, you agree to first contact DiversiFi and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") by email to agivner@givnerlawpc.com. The Notice must include your name, residence address, email address, and telephone number, describe the nature and basis of the claim, and set forth the specific relief sought. Our notice to you will be similar in form.

If you and DiversiFi cannot reach an agreement to resolve the claim within ninety (90) days after such Notice is received, either party may submit the dispute to binding arbitration administered by JAMS. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Delaware, unless the parties agree otherwise, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the "JAMS Rules"), which are incorporated by reference.

You and DiversiFi agree that the enforceability of this arbitration section will be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by Applicable Law. As limited by the FAA and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions and to grant any remedy that would otherwise be available in court, including determining arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims or preside over any class or representative proceeding.

The arbitrator, DiversiFi, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered or presented for purposes of arbitration, unless disclosure is required by law or judicial decision, or is necessary to prepare for or conduct the arbitration hearing, a court application for preliminary relief, or a judicial challenge to an award.

Fees. For any arbitration you initiate, you will pay all JAMS fees and costs, except where Applicable Law or JAMS Rules require otherwise. For any arbitration initiated by DiversiFi, DiversiFi will pay all JAMS fees and costs, except where Applicable Law or JAMS Rules require otherwise.

Time limit. Any claim arising out of or related to this Agreement must be filed within one (1) year after such claim arose, otherwise the claim is permanently barred.

Opt out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this Agreement by emailing agivner@givnerlawpc.com with your full name and address and a clear statement that you intend to opt out of binding arbitration. If you opt out, disputes will be resolved in accordance with Section 23.

Severability. If any portion of this Section 22 is found unenforceable or unlawful, that portion will be severed and the remainder will remain in full force. If any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.