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Terms Of Use

Please read these Terms of Use for User(s) (“you/your”) as it contains important information about your legal rights, remedies and obligations. By accessing or using the Website and Application, you agree to comply with and be bound by this Agreement. This Agreement constitutes a legally binding agreement between you and GainPool Labs Ltd., a company having its registered office at Bel Ombre Road, P.5057, 00000 Beau Vallon, Mahe, Seychelles, (“GainPool”), governing Your access to and use of the website including any subdomains thereof and the Application available on the Google Play Store and Apple Apps Store, and any other websites through which GainPool makes its Services available, or mobile, tablet and other smart device applications, and application program interfaces and all associated services provided by GainPool (“website”).

Our collection and use of personal information, in connection with your access to and use of the GainPool website and Application, is described in our Privacy Policy.We have tried to make the Agreement accessible, concise, and clear for you. If anything in the Agreement appears to you to be incomprehensible, please contact us via the Help section, and we shall provide you with all the necessary explanations.

If you are not a professional investor and do not have experience in investments, please contact an Independent Financial Advisor prior to making any investment decision based on the information on this website.

1. Content of website
  • a. Whilst considerable care has been taken to ensure the information contained within this website is accurate and up-to-date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions of such information. All products/services referred to on this website are subject to change without notice. We may amend this website and our products and services at any time with or without notice to you. You agree that we shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of the website or any products or services offered through the website.
  • b. We accept no responsibility for any information contained in any website accessed via a hypertext link from this website. The content, accuracy and opinions expressed in such websites are not checked, analysed, monitored or endorsed by us. Access to any third-party website is at your own risk. You agree that we have no responsibility or liability for third party websites and that we shall not be liable in any way for any damage or loss caused in relation to the content, goods, products or services available through such third-party websites. Users should refresh their browser each time they visit the website to ensure that they access the most up to date version of the website.
2. Website use & Copyright
  • a. Access to the website will not constitute an offer in jurisdictions in which it would be illegal to make such an offer and in such circumstances, it will be deemed to have been sent for information purposes only. In accessing this site from outside of Seychelles, you are responsible for compliance with local laws or regulations and for obtaining your own legal, tax and financial advice.
  • b. Unless otherwise indicated on the Website, the Website and all content and other materials on the Website, including, without limitation, the GainPool logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “GainPool Materials”) are the proprietary property of GainPool.
  • c. You are granted a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use the Website and GainPool Materials subject to these Terms. Except as expressly permitted on the Website, in these Terms or otherwise in writing by GainPool, such license does not include: (a) any resale or commercial use of the Website or the GainPool Materials; (b) the distribution, public performance or public display of any GainPool Materials; (c) modifying or otherwise making any derivative uses of the Website and the GainPool Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the GainPool Materials or any information contained therein; or (f) any use of the Website or the GainPool Materials other than for its intended purpose. Any use of the Website or the GainPool Materials other than as specifically authorized herein, without the prior written permission of GainPool, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. GainPool Services
  • a. GainPool will provide tokens to you to be stored in a device known commonly as a Wallet (“wallet”) which allows you to transfer the ownership of digital assets, or other cryptographically secured Tokens (“Tokens”) over blockchain or distributed ledger technology (“DLT”) - For the avoidance of doubt these are sometimes colloquially referred to as “cryptocurrencies.” The User wishes to use their Wallet to receive, change ownership of Tokens, or alternatively use any of the other services provided by GainPool (“Services”).
  • b. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your wallet. You must never send messages signed with your wallet associated with an address used with GainPool to any unauthorized party. You must keep your wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Tokens associated with the wallet.GainPool cannot assist with password retrieval. GainPool stores your wallet address but does not receive or store your wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your wallet. We cannot, therefore, assist you with wallet password retrieval. We cannot generate a new password for your wallet if you fail to remember your original password. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any Tokens you have associated with such a wallet address will become inaccessible if you do not have your wallet password.
  • c. In order to be completed, all proposed Token transactions must be confirmed and recorded in the Token’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Ethereum Networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using GainPool, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Ethereum Networks. GainPool does not store or transmit Tokens. We do not store, send, or receive Tokens. Any transfer that occurs in any Tokens occurs on the Ethereum-based blockchains and not on a network owned by us. We therefore do not guarantee that GainPool can affect the transfer of title or right in any Token.
  • d. From time to time to use GainPool’s Services, you must create a wallet by connecting an existing Ethereum wallet. When you create a wallet, you will be assigned a private key. You will be responsible for maintaining the confidentiality of your private key, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong password that you do not use for any other website or online service; (b) using the backup functionality provided by the wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $100,000 USD in assets, are encouraged to do even if they are utilizing the services’ backup functionality; (c) maintaining the security of your wallet by protecting the private key and mnemonic (backup) phrase associated with your wallet by, for example, limiting access to your computer and your wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your wallet. GainPool charges transaction fees for use of its services. Any applicable fees will be displayed prior to you using any service to which a fee applies.
  • e. Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. GainPool has no control over any Ethereum-based blockchain and does not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your Wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your account. It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Ethereum-based transactions or for collecting, reporting, withholding, or remitting any taxes arising from any cryptocurrency related transactions.
  • f. Staking the Tokens shall take place on a separate third-party application like Uniswap and you shall be bound by the relevant terms of use or conditions for staking applicable on the third-party application. GainPool is not liable for any of your activities on these third-party applications, nor is GainPool liable for any failure of transaction on these third-party applications, unless the default is either in whole or in part, on account of GainPool.
  • g. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Token transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Token.
4. No offer or recommendation

The website is for informational purposes only and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment/product/service or to engage in any other transaction in any jurisdiction. The information provided shall not be binding on us

5. No reliance

While GainPool uses reasonable efforts to obtain information from reliable sources, we make no representations or warranties as to the accuracy, reliability or completeness of any of information or documents on this website. The information contained on this site is subject to change without notice. You acknowledge that any reliance on any information or other material posted on the website is entirely at your own risk. You must in any event conduct your own due diligence and investigations rather than rely on any of the information on this website

6. No warranty

We publish the website “as is” without any warranty of any kind, express or implied, as to the operation of the website, the accuracy of the information on the website (in so far as such warranties may be excluded under any relevant law) and we shall not be liable for any losses or damage that may result from use of the website as a consequence of any inaccuracies, in or any omissions from, the information which they may contain.

7. Advice
8. Links from the Websites

GainPool and its users may provide third party content on the Website and may provide links to web pages and content that are not owned or controlled by GainPool, including but not limited any third-party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. GainPool does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that GainPool is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. GainPool is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on the Site.

9. Modifications to the Website

GainPool reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that GainPool will not be liable for any modification, suspension or discontinuance of the Website or any part thereof.

10. Limitation of liability
11. Indemnification

You agree to defend, indemnify and hold harmless GainPool, 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 your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

12. Sanction Compliance

In connection with this Terms of Use, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that may apply. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Services. You may not use any Service if you are the subject of any sanctions or of sanctions consistent with any law imposed by the governments of the country where you are using the Service.

13. Waiver and Severability
14. Jurisdiction and governing law

The Terms and any and all contracts concluded under them are governed by and shall be construed in accordance with the laws of Republic of Seychelles and all references in these Terms to laws and regulations are references to Republic of Seychelles laws and regulations unless otherwise specified. You agree that any dispute/s arising out of the Terms or otherwise between us shall be subject to the exclusive jurisdiction of the Courts of Mahe, Republic of Seychelles

15. Notice