The Gotchi Vault

Thank you for participating in the Gotchi Vault! The following terms and conditions (the “Terms”) govern your participation in staking your digital assets, including, but not limited to, Aavegotchis, the GHST token, and your acceptance and use of vGHST and VLT (the “Tokens”). By using this site, you hereby confirm that you understand the Terms and expressly agree to be bound by and comply with the Terms.

Limitation of Representations

NO STATEMENTS MADE ON THIS WEBSITE OR BY ANY OF THE VAULT MANAGERS IS MEANT TO BE TAX OR FINANCIAL ADVICE. Always do your own research. Blockchain protocols are complicated and cutting edge, and your own laws may treat this protocol differently.

The stated APR or APY for vGHST is denominated in terms of a specific relevant token, not in terms of U.S. Dollars or other fiat currencies. This rate is a forward-looking projection based on a good faith belief of how to reasonably project results over the relevant period, but such belief is subject to numerous assumptions, risks and uncertainties (including smart contract security risks and third-party actions) which could result in a materially different (lower or higher) token-denominated APR or APY. Rates are not offers, promises, agreements, guarantees or undertakings on the part of any person or group of persons, but depend primarily on the results of operation of smart contracts and other autonomous or semi-autonomous systems (including third-party systems) and how third parties interact with those systems after the time of your deposit. Even if a particular projected rate is achieved, you may still suffer a financial loss in fiat-denominated terms if the fiat-denominated value of the relevant tokens (your deposit and any tokens allocated or distributed to you pursuant to the rate) declines during the deposit period. APRs and APYs are not interest rates being paid on a debt.

Limited Purpose Tokens

The tokens distributed through this protocol, the vGHST token and the VLT token are utility tokens expressly intended to facilitate your participation in the Gotchi Vault protocol. These tokens are not intended to be sold, transferred or converted into any value for any other purposes. By participating in the staking program and receiving vGHST and VLT, you hereby agree and acknowledge that you are receiving the Tokens with the sole intention of using them to participate in the Gotchi Vault protocol, and to engage in the governance of the protocol.

Restricted Jurisdictions.

You are not located, incorporated or otherwise established in, or a citizen or resident of any state, country or other jurisdiction that is designated by the U.S. Secretary of State as a country supporting international terrorism, or to which U.S. nationals cannot lawfully engage in transactions as designated by the Office of Foreign Assets Control (“OFAC”), including Cuba, Crimea region of Ukraine, Democratic People’s Republic of Korea, Iran and Syria, Venezuela and you are not a person found on the OFAC Specially Designated Nationals, Blocked Persons List, or any other consolidated prohibited persons list as determined by any applicable governmental authority.

Use of Wallet

You assume full responsibility and liability for any losses resulting from any intentional or unintentional misuse of your Tokens including, without limitation, any loss resulting from designating a non-Ethereum compliant wallet for the receipt of the Tokens, any unauthorized third party access to your wallet, depositing one type of digital asset to a wallet intended for another type of digital wallet, or any errors, typos or inaccuracies in providing a valid Ethereum Wallet address controlled by you for receipt of the Tokens. None of the Vault Managers nor any other individuals involved in this project assume any responsibility or liability in connection with any such errors or misuses.

Waiver of Warranties; Assumption of Risks

THE VAULT MANAGERS DO NOT MAKE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE TOKENS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY THE VAULT MANAGERS OR ANY OTHER PERSON ON THEIR BEHALF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISKS AND LIABILITIES FOR THE RESULTS OBTAINED BY THE USE OF ANY TOKENS AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THE VAULT MANAGERS, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE TOKENS.

Indemnity

THE VAULT MANAGERS SHALL NOT BE LIABLE TO YOU, AND YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE VAULT MANAGERS, AND THE SUCCESSORS AND ASSIGNS OF THE FOREGOING, FROM AND AGAINST, ALL OR ANY PART OF ANY THIRD PARTY CAUSES OF ACTION, CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) (COLLECTIVELY “CLAIMS”) FOR DAMAGES TO OR LOSS OF PROPERTY ARISING OUT OF OR RESULTING FROM THE STAKING PROGRAM, EXCEPT TO THE EXTENT SUCH CLAIMS ARISE FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE VAULT MANAGERS.

Limitation of Liability

Your use of the Gotchi Vault protocol involves various risks. Before using the Gotchi Vault protocol, you should review the relevant documentation to make sure you understand how the Gotchi Vault protocol works. Additionally, just as you can access email protocols such as SMTP through multiple email clients, you can access this protocol through different web or mobile interfaces. You are responsible for doing your own diligence on those interfaces to understand the fees and risks they present.

THE GOTCHI VAULT PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. No developer or entity involved in creating the Gotchi Vault protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Gotchi Vault protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.

THE VAULT MANAGERS SHALL NOT BE LIABLE TO YOU IN ANY ACTION OR CLAIM FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR STATUTORY DAMAGES ARISING OUT OF OR RELATED TO THE STAKING PROGRAM, WHETHER THE ACTION IN WHICH RECOVERY OF DAMAGES IS SOUGHT IS BASED UPON CONTRACT, TORT, STATUTE OR OTHERWISE EVEN IF SUCH PARTIES HAS BEEN ADVISED OF SUCH POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR LIABILITY ARISING FROM THE VAULT MANAGERS’ FRAUD OR INTENTIONAL MISCONDUCT, THE VAULT MANAGERS’ AGGREGATE LIABILITY FOR ANY CLAIM OF AKIND, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE TRANSACTION HEREIN SHALL IN NO CASE EXCEED THE FAIR MARKET OF THE TOKENS TRANSFERRED TO YOU. ANY ACTION RESULTING FROM ANY CLAIM ARISING UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

Taxes

You are solely responsible for the payment of all applicable taxes, if any, to which it might be subject in connection with the receipt of Tokens. You agree to indemnify and hold the Vault Managers harmless against any and all liabilities, costs and expenses (including reasonable legal and accounting fees) in connection with any such taxes, including penalties, duties, and interest levied by any tax authority on your staking rewards. YOU HEREBY REPRESENT THAT YOU ARE NOT RELYING ON THE VAULT MANAGERS OR ANY REPRESENTATIONS MADE ON THIS WEBSITE FOR ANY TAX ADVICE.

Class Action Waiver

Any claim or dispute arising from your receipt, transfer, use or disposition of the Tokens will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM. Notwithstanding anything to the contrary, the validity and effect of this Class Action Waiver may be determined only by a court or referee and not by an arbitrator, and you acknowledge that this Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from any additional terms of the transaction described herein.