// DAPITAL :: LEGAL :: Terms of ServiceLast updated: July 20, 2026
Terms of Service
01 // 1. Introduction; Agreement to Terms
These Terms of Service, together with our Privacy Policy, any terms or disclosures that we post publicly or make available through the Services, and any documents they expressly incorporate by reference (collectively, these Terms), constitute an agreement between you and Meatspace Industries, Inc., a Delaware corporation doing business as Dapital (Dapital, Company, we, us, or our).
These Terms govern your access to and use of the Dapital mobile application, websites (including https://dapital.xyz), software, wallet interfaces, social and community features, content, tools, and related products and services that link to these Terms (collectively, the Services). Third-party materials, networks, protocols, applications, smart contracts, products, and services are not part of the Services.
The Dapital Parties are Dapital and its parents, subsidiaries, affiliates, licensors, service providers, and each of their respective directors, officers, employees, agents, representatives, contractors, successors, and assigns.
If you use the Services for or on behalf of another person or entity, you includes that person or entity, and you represent that you have authority to bind that person or entity to these Terms. You are responsible for the acts and omissions of any person who uses the Services through your account, devices, credentials, authentication methods, or wallets.
By clicking to accept these Terms, creating an account or wallet, or accessing or using any part of the Services, you agree to these Terms. If you do not agree, you must not access or use the Services.
NOTICE
ARBITRATION NOTICE. SECTION 19 PROVIDES THAT EITHER PARTY MAY ELECT, WITH LIMITED EXCEPTIONS, TO REFER A DISPUTE BETWEEN YOU AND DAPITAL TO BINDING INDIVIDUAL ARBITRATION. SECTION 20 CONTAINS A CLASS-ACTION WAIVER AND A JURY-TRIAL WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.
02 // 2. Eligibility; Restricted Persons and Jurisdictions
The Services are not developed for or offered to any person who:
is under 18 years old or under the legal age required to enter into these Terms;
is barred from using the Services under applicable law;
is located, organized, incorporated, ordinarily resident, or has a registered office or principal place of business in a jurisdiction where use of the Services or transactions in Digital Assets are prohibited or restricted;
is subject to sanctions, an asset freeze, an embargo, or a similar restriction administered or enforced by the United States, United Nations, United Kingdom, European Union, or another applicable authority;
is identified on an applicable sanctions or restricted-party list;
is owned or controlled by, acting for, or providing a benefit to a person described above; or
would violate applicable law by accessing or using the Services
(each, a Restricted Person, and each applicable jurisdiction, a Restricted Jurisdiction).
If you are a Restricted Person, you must not use or attempt to use the Services. You may not use a virtual private network, proxy, false information, nominee, remote access tool, or other technology or arrangement to circumvent or attempt to circumvent a restriction.
By using the Services, you represent and warrant throughout your use that:
you are not a Restricted Person and are not using the Services from a Restricted Jurisdiction;
your funds and Digital Assets are not derived from or connected to illegal, unauthorized, or restricted sources;
you have the right and authority to engage in each transaction or activity you initiate; and
you will not use the Services for illegal, illicit, or prohibited activity, including money laundering, terrorist financing, sanctions evasion, fraud, market manipulation, or other financial crime.
We may require identity, business, wallet, source-of-funds, tax, sanctions, or other information at any time. We may restrict or block access in any jurisdiction or for any person at any time in our sole discretion.
03 // 3. Changes to These Terms
We may revise these Terms at any time in our sole discretion. Changes are effective immediately when posted or otherwise made available through the Services and apply to access and use thereafter.
Your continued access to or use of the Services after revised Terms are posted means that you accept the revised Terms. You are responsible for checking the Terms periodically.
A change to Section 19 or Section 20 will not apply to a dispute for which the parties had actual notice on or before the date the change was posted.
04 // 4. Changes to and Availability of the Services
We may add, remove, modify, suspend, restrict, replace, or discontinue any part of the Services, any feature, supported asset, network, provider, or content, at any time, in our sole discretion, with or without notice.
The Services or any material made available through them may be unavailable, delayed, inaccurate, or out of date at any time. We have no obligation to maintain, support, update, or continue any part of the Services.
To the fullest extent permitted by law, the Dapital Parties will not be liable for losses or damages arising from changes to, restrictions on, suspension of, discontinuation of, or unavailability of any part of the Services.
05 // 5. Accounts, Wallets, Authentication, and Security
The Services may allow you to create an account and to create, access, connect, or use a self-custodial digital-asset wallet (a Wallet) through technology provided by Dapital or third parties.
You are responsible for:
providing accurate and complete information when requested;
securing your account, devices, passwords, passkeys, biometrics, email, Apple or Google account, private keys, seed phrases, recovery materials, and other credentials or authentication methods;
all activity associated with your account, devices, credentials, authentication methods, and Wallets; and
establishing and maintaining any recovery method available to you.
Anyone with access to your credentials, authentication method, private keys, seed phrase, device, or connected account may be able to access your account or Wallet and transfer your Digital Assets. Loss or compromise may result in permanent loss of access or assets.
Dapital is not responsible for securing, recovering, replacing, or restoring your account, Wallet, credentials, authentication method, private keys, seed phrase, recovery materials, or Digital Assets. We are not liable for losses arising from their loss, theft, disclosure, compromise, transmission, use, or misuse.
We make no representation regarding the security or safety of your account, Wallet, Digital Assets, or any authentication or recovery method. You release and hold harmless the Dapital Parties from losses and damages arising in connection with them to the fullest extent permitted by law.
We may suspend, restrict, or terminate your account or access to the Services at any time in our sole discretion. Dapital may not be able to freeze, cancel, modify, or reverse transactions occurring through a blockchain network or Third-Party Service.
06 // 6. Usernames, Profiles, and Account Content
Your username, display name, handle, biography, profile image, banner, badges, and other account-identifying content (collectively, Account Content) are licensed to you on a revocable, non-exclusive, non-transferable basis. You do not acquire a property right, goodwill, or other ownership interest in Account Content through its selection or use.
We may, in our sole discretion and without prior notice or liability:
reclaim, reassign, rename, restrict, or modify Account Content for any reason;
remove, edit, or require modification of Account Content we consider objectionable, misleading, infringing, unlawful, inactive, impersonating, or inconsistent with these Terms; or
suspend or terminate an account associated with Account Content.
You may not sell, rent, auction, trade, transfer, license, or otherwise commercialize or assign Account Content. Any attempted transfer is void and may result in suspension or termination.
Account Content, Wallet addresses, posts, Metrics, and other profile information may be publicly visible.
07 // 7. Use of the Services; Third-Party Services
The Services may allow you to view information, use a Wallet, and initiate or instruct transactions involving cryptocurrencies, tokens, stablecoins, tokenized interests, blockchain-based instruments, or other digital representations of value (Digital Assets).
When you initiate or engage in a transaction through the Services:
the transaction may occur through independent blockchain networks, protocols, decentralized exchanges, liquidity providers, aggregators, smart contracts, issuers, counterparties, custodians, Wallet providers, payment providers, or other third parties (collectively, Third-Party Services);
the Services act as an interface or conduit to Third-Party Services;
unless expressly stated otherwise in a separate written agreement, Dapital does not execute, clear, settle, custody, guarantee, reverse, or cancel the transaction; and
your use of each Third-Party Service is governed by that third party's terms, policies, disclosures, eligibility requirements, and fees.
You are solely responsible for locating, reviewing, accepting, and complying with third-party terms. We do not control Third-Party Services and provide no guarantee regarding their content, identity, legitimacy, quality, accuracy, availability, security, reliability, liquidity, solvency, performance, or results.
Before initiating a transaction, you are solely responsible for checking the asset, token mint or contract address, network, recipient, amount, price, slippage, leverage, margin, fees, settlement asset, and all other transaction details. Blockchain transactions may be irreversible, and Dapital may have no ability to recover assets or correct an error.
You release and hold harmless the Dapital Parties from losses and liabilities arising from Third-Party Services, blockchain networks, smart contracts, protocols, transactions, transaction failures, transaction details, loss or compromise of credentials or keys, and actions or omissions of third parties.
Dapital is a developer and supplier of software. Unless expressly stated otherwise in a separate written agreement, Dapital is not a bank, broker, dealer, exchange, futures commission merchant, swap dealer, commodity trading advisor, investment adviser, transfer agent, custodian, clearing organization, money transmitter, virtual asset service provider, counterparty, or fiduciary.
08 // 8. Fees
We may charge fees in connection with the Services, including transaction, swap, routing, builder, spread, subscription, withdrawal, or other fees. We may offer reduced or alternative fee rates in our sole discretion.
We may make information about our fees available through the Services or elsewhere, but we do not guarantee that we will provide fee information before you engage in a transaction.
Our fees and fee methodology are subject to change at any time in our sole discretion, with or without notice, including after an estimate has been provided.
You may also incur fees charged by Third-Party Services or blockchain networks, including trading, gas, funding, liquidation, bridge, custody, payment-processing, on-ramp, or off-ramp fees. We may not disclose third-party fees, and they may change at any time.
Under no circumstances will a Dapital Party incur liability arising from or relating to Dapital fees, third-party fees, network fees, fee estimates, pricing changes, or the failure to disclose a fee before a transaction. You release and hold harmless the Dapital Parties from related losses and damages to the fullest extent permitted by law.
09 // 9. Referral, Reward, Points, and Promotional Programs
We may offer referral, creator, reward, points, rebate, challenge, leaderboard, or promotional programs (collectively, Programs). Program details may be made available through the Services or elsewhere and may change at any time in our sole discretion, with or without notice.
All Program eligibility decisions, attribution decisions, calculations, rewards, credits, payouts, and disputes will be determined by Dapital in its sole discretion. Program descriptions, displayed balances, estimated rewards, points, rankings, badges, and other Program information do not create a property right or a guarantee of payment, value, availability, or continued participation.
You may not refer yourself, refer an account you own or control, create or coordinate duplicate accounts, engage in sybil activity, wash trade, create artificial volume, use unauthorized automation, or otherwise manipulate or attempt to manipulate a Program.
We may, in our sole discretion, delay, withhold, deny, adjust, void, reverse, cancel, expire, or claw back any reward, credit, fee reduction, point, payout, or other Program benefit. We may suspend or terminate any Program or account at any time, with or without notice.
You agree to be bound by Dapital's decision concerning a Program and release and hold harmless the Dapital Parties from losses and damages arising from a Program, a Program decision, or Program information, even if inaccurate.
10 // 10. Leaderboards, Rankings, and Performance Metrics
The Services may display profit-and-loss information, returns, balances, transactions, rankings, badges, strategy results, win rates, follower activity, Wallet activity, leaderboards, or other performance indicators (collectively, Metrics).
Metrics may be incomplete, delayed, estimated, inaccurate, or affected by transfers, deposits, withdrawals, external activity, fees, funding, leverage, liquidity, pricing, missing data, assumptions, or methodology. Metrics are not audited and do not constitute a complete financial record.
You may not manipulate, game, or artificially inflate Metrics, including through selective transfers, concealed Wallets, wash trading, coordinated accounts, artificial activity, or exploitation of a feature or methodology.
We may, in our sole discretion and without prior notice:
disqualify, adjust, reverse, void, recalculate, reset, or remove any Metric, ranking, or position;
change any methodology;
void or claw back a reward, prize, recognition, or benefit associated with Metrics; or
suspend or terminate an account.
Dapital will determine in its sole discretion whether activity constitutes manipulation or gaming.
11 // 11. Perpetuals and Other Leveraged Products
The Services may provide access to perpetual futures, perpetual swaps, or other leveraged or derivative products (Leveraged Products) offered and settled through independent Third-Party Services.
Unless expressly stated otherwise in a separate written agreement, Dapital does not offer, issue, operate, match, intermediate, margin, custody, clear, or settle Leveraged Products and is not your counterparty, broker, dealer, futures commission merchant, swap dealer, commodity trading advisor, exchange, or clearing organization.
All Leveraged Product transactions occur through Third-Party Services under their terms. We make no representation regarding the performance, reliability, liquidity, solvency, security, operation, or continued availability of any Third-Party Service.
A Leveraged Product references the price or value of another asset. Trading a Leveraged Product does not constitute the purchase, sale, or ownership of the referenced asset and does not confer voting, dividend, information, redemption, delivery, or other ownership rights unless the product's binding terms expressly state otherwise.
Leveraged Products involve a high degree of risk and are not suitable for all persons. You acknowledge and accept that:
leverage can result in rapid loss, total loss of deposited funds, and, depending on the product, losses exceeding initial margin;
positions may be liquidated automatically and without notice;
profitable positions may be reduced or closed through auto-deleveraging or similar mechanisms;
mark prices, index prices, funding rates, margin requirements, fees, and liquidation thresholds are determined by third parties and may change rapidly;
volatility, low liquidity, price gaps, protocol malfunctions, oracle failures, network congestion, third-party action, or other events may cause slippage, failed transactions, or inability to open or close a position;
some markets may lack insurance funds, backstop liquidity, or other protections; and
Dapital does not guarantee execution, settlement, availability, profit, loss limits, or any particular outcome.
You are solely responsible for understanding the mechanics, risks, and costs of each Leveraged Product. You release and hold harmless the Dapital Parties from losses, damages, and claims arising from or relating to Leveraged Products, including liquidation, leverage, market movements, protocol failures, or third-party actions.
12 // 12. Tokenized, Stock-Referenced, Pre-IPO, and Similar Products
The Services may provide access to products described as tokenized stocks, equities, foreign stocks, pre-IPO exposure, real-world assets, receipts, notes, interests, or similar products (Tokenized Products) offered or issued by independent third parties.
A Tokenized Product may be a security, an interest in a vehicle or entitlement, a receipt or note, a token backed by or referencing another asset, or a derivative or synthetic instrument. Its name or presentation in the Services does not determine its legal or economic nature.
Unless the binding third-party terms expressly provide otherwise, a Tokenized Product does not give you legal or beneficial ownership of a referenced share, company, fund, commodity, or other asset and does not confer voting, dividend, inspection, redemption, delivery, or other ownership rights.
Unless expressly stated otherwise in a separate written agreement, Dapital does not issue, offer, custody, clear, settle, guarantee, or redeem Tokenized Products and is not your counterparty, broker, dealer, exchange, transfer agent, custodian, or fiduciary with respect to them.
You are solely responsible for locating and reviewing the current issuer, product, offering, custody, and risk disclosures. Dapital does not author or control third-party disclosures and has no obligation to update the Services or these Terms to reflect changes to them.
Tokenized Products may involve substantial risk, including total loss, and may be subject to issuer, custodian, vehicle, counterparty, collateral, valuation, liquidity, transfer, redemption, insolvency, corporate-action, market-hours, price-gap, oracle, blockchain, tax, legal, and regulatory risks.
You release and hold harmless the Dapital Parties from losses, damages, and claims arising from or relating to Tokenized Products, their issuers, referenced assets, disclosures, insolvency, default, market movements, protocol failures, or third-party actions.
The Services and their contents, features, and functionality, including information, software, text, displays, images, video, audio, designs, selection, and arrangement, are owned by Dapital, its licensors, or other providers and are protected by intellectual-property laws.
Subject to these Terms, Dapital grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal use only.
Except as expressly permitted by the Services or applicable law, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, or otherwise exploit any part of the Services.
You may not:
modify copies of materials from the Services;
use images, video, audio, or graphics separately from accompanying text; or
delete or alter copyright, trademark, or proprietary-rights notices.
If you breach this Section, your right to use the Services ends immediately. No right, title, or interest in the Services or their content is transferred to you. All rights not expressly granted are reserved.
14 // 14. Trademarks
Dapital's name, logos, product and service names, designs, and slogans are trademarks of Dapital or its affiliates or licensors. You may not use them without our prior written permission. Other names, logos, product names, designs, and slogans displayed through the Services belong to their respective owners.
15 // 15. Feedback and User Content
If you provide feedback, recommendations, ideas, or suggestions concerning the Services (Feedback), you acknowledge that we may use them without restriction. Feedback is non-confidential and non-proprietary.
You grant Dapital, its service providers, licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide, transferable, sublicensable, fully paid, royalty-free license to use, reproduce, modify, adapt, create derivative works from, perform, display, distribute, commercialize, and otherwise disclose or exploit Feedback for any purpose.
Posts, comments, messages, images, videos, audio, profile materials, links, trading ideas, strategies, reactions, and other content you submit or make available through the Services are User Content.
You grant Dapital, its service providers, licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide, transferable, sublicensable, fully paid, royalty-free license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, perform, display, distribute, commercialize, and otherwise disclose or exploit User Content in connection with the Services or Dapital's business, subject to our Privacy Policy.
You represent and warrant that you own or control all rights necessary to provide Feedback and User Content and grant the rights above, and that your Feedback and User Content comply with these Terms.
You release and hold harmless the Dapital Parties from losses and damages arising from Feedback, User Content, or our or another person's use of them.
16 // 16. Community Conduct and Content Moderation
You may not post, upload, transmit, or otherwise make available content that:
is obscene, pornographic, sexually explicit, exploitative, or otherwise indecent;
harasses, threatens, intimidates, bullies, abuses, or promotes hatred, discrimination, or violence;
impersonates another person or misrepresents an affiliation;
discloses another person's personal, confidential, financial, authentication, Wallet, or security information without authorization;
is fraudulent, deceptive, false, misleading, or likely to deceive;
infringes intellectual-property, privacy, publicity, confidentiality, or other rights;
constitutes an unlawful or misleading financial promotion, conceals a material connection, or guarantees a profit, return, yield, liquidity, safety, or outcome; or
is otherwise objectionable as determined by Dapital in its sole discretion.
We may, but are not obligated to, monitor, review, preserve, disclose, edit, label, remove, or refuse to display User Content. We may issue warnings and suspend or terminate accounts in our sole discretion, without prior notice or liability.
Dapital is not responsible for User Content, another user's conduct, or any action or inaction concerning moderation. You release and hold harmless the Dapital Parties from related losses and damages.
17 // 17. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You must not, and must not permit another person to:
violate applicable law, regulation, sanctions, export controls, these Terms, or third-party terms;
exploit or harm a minor;
access, tamper with, or use nonpublic areas of the Services or related systems;
probe, scan, test, bypass, remove, deactivate, impair, or circumvent a vulnerability, security measure, authentication measure, content filter, access control, restriction, or rate limit;
use a bot, script, scraper, crawler, spider, data-mining tool, unauthorized application, or other automated means to create accounts, post content, send messages, execute transactions, control account activity, or extract or collect data;
overload, disrupt, damage, or interfere with the Services, infrastructure, networks, or another user's access, including through denial-of-service activity;
forge headers or transmit deceptive or false source-identifying information;
reverse engineer, decompile, disassemble, translate, adapt, or attempt to derive source code, except to the extent applicable law prohibits this restriction;
introduce, transmit, or distribute malware or harmful code;
collect, harvest, reverse look up, track, or store information about another user without authorization;
impersonate Dapital, a Dapital representative, another user, or another person;
use the Services for unauthorized commercial purposes or for the benefit of an unauthorized third party;
use the Services for money laundering, terrorist financing, sanctions evasion, fraud, tax evasion, or other illicit financial activity;
engage in market manipulation, including pump-and-dump activity, wash trading, self-trading, front-running, quote stuffing, spoofing, layering, circular trading, artificial volume, or fabricated transactions;
manipulate a Metric, ranking, Program, reward, attribution method, or account system;
disguise or misrepresent your identity, authority, location, affiliation, or source of funds;
use another person's account, Wallet, credentials, funds, or Digital Assets without authorization;
raise funds, market a financial product, solicit an investment, or provide regulated financial services through the Services without Dapital's written approval and any required authorization; or
encourage, assist, or enable another person to do any of the foregoing.
We may investigate and prosecute violations to the fullest extent permitted by law and may cooperate with third parties, law enforcement, regulators, courts, and other authorities.
18 // 18. Reliance on Information; No Advice; No Offer
Information made available through the Services is for general informational and educational purposes. It may include prices, quotes, rates, news, social-media content, filings, research, posts, rankings, Metrics, summaries, alerts, analytics, translations, automated outputs, or artificial-intelligence inferences (Information).
We do not guarantee the accuracy, completeness, timeliness, reliability, usefulness, availability, or results of Information, including Information we create. Information may contain errors, omissions, outdated material, technical inaccuracies, bias, unreliable source material, or incorrect automated output. You rely on Information strictly at your own risk.
Dapital is not registered with or licensed by any financial regulatory authority unless expressly stated otherwise. Dapital does not act as your financial adviser, investment manager, investment adviser, commodity trading advisor, broker, dealer, arranger, introducer, tax adviser, legal adviser, accountant, or fiduciary.
Nothing in the Services constitutes financial, investment, legal, regulatory, accounting, tax, trading, or other professional advice. The Services do not provide a recommendation, suitability assessment, or appropriateness assessment. All decisions to enter or not enter a transaction are solely yours.
Unless expressly stated otherwise in binding product documents, Information is not an offer to sell or a solicitation to buy a security, commodity, derivative, Digital Asset, or other financial product and is not an endorsement or recommendation of any product, person, strategy, or transaction.
You are solely responsible for understanding the assets, products, transactions, risks, and costs involved and for seeking independent professional advice. Past performance does not guarantee or predict future results.
You release and hold harmless the Dapital Parties from losses and damages arising from Information, User Content, Metrics, trading decisions, or reliance on any material made available through the Services.
19 // 19. Governing Law and Binding Arbitration
These Terms are governed by and construed under the laws of the State of New York, without regard to conflict-of-law principles. The Federal Arbitration Act governs the arbitration provisions in these Terms.
19.1 Initial dispute resolution
Before initiating arbitration, a party must provide notice of the dispute. You may notify Dapital at support@dapital.xyz. The parties will first attempt in good faith to resolve the dispute through informal negotiations.
19.2 Arbitration election
If the dispute is not resolved within 60 days after notice is provided, either party may elect to submit the dispute to final and binding arbitration administered by National Arbitration and Mediation (NAM) under its applicable rules and conducted in English before one arbitrator.
The arbitration will be seated in New York, New York and may be conducted remotely by video conference.
The arbitrator has exclusive authority to resolve a dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, including a claim that any part is void or voidable. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court with jurisdiction.
The negotiations, arbitration proceeding, submissions, evidence, hearing, and award will be confidential except as required by law.
19.3 Injunctive and equitable relief
This arbitration agreement does not prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction, including relief concerning alleged unlawful use, infringement, or misappropriation of intellectual property.
20 // 20. Class-Action Waiver and Jury-Trial Waiver
NOTICE
YOU AND DAPITAL AGREE THAT CLAIMS AND DISPUTES WILL BE LITIGATED OR ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE BASIS.
NOTICE
YOU WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
NOTICE
YOU AND DAPITAL WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.
21 // 21. Limitation on Time to File Claims
NOTICE
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, IT IS PERMANENTLY BARRED.
22 // 22. Termination
We may suspend, restrict, or terminate your account or access to all or part of the Services at any time, in our sole discretion, without prior notice, for any reason, including suspected violation of these Terms or applicable law.
Upon termination, your right and license to use the Services end immediately. Dapital and the Dapital Parties will not be liable to you or any third party for suspension, restriction, or termination.
Sections that by their nature should survive will survive, including provisions concerning intellectual property, Feedback and User Content, prohibited conduct, disclaimers, releases, limitation of liability, indemnification, taxes, dispute resolution, and general terms.
23 // 23. Disclaimer of Warranties
NOTICE
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, CONTENT, INFORMATION, METRICS, PROGRAMS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND.
NOTICE
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DAPITAL PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, QUIET ENJOYMENT, COURSE OF DEALING, AND USAGE OF TRADE.
NOTICE
WE DO NOT GUARANTEE THAT THE SERVICES OR ANY NETWORK, WALLET, AUTHENTICATION METHOD, PROVIDER, PROTOCOL, ASSET, PRODUCT, CONTENT, INFORMATION, METRIC, PRICE, TRANSACTION, OR OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, AVAILABLE, UNINTERRUPTED, ERROR-FREE, PROFITABLE, OR FREE OF HARMFUL COMPONENTS, OR THAT A DEFECT OR LOSS OF ACCESS WILL BE CORRECTED.
Some jurisdictions do not allow certain disclaimers, so some of this Section may not apply to you.
24 // 24. Limitation of Liability
NOTICE
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DAPITAL PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SERVICES.
NOTICE
THIS EXCLUSION INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES; PERSONAL INJURY, PAIN AND SUFFERING, AND EMOTIONAL DISTRESS; LOSS OF PROFITS, REVENUE, OPPORTUNITY, DATA, GOODWILL, BUSINESS, ANTICIPATED SAVINGS, OR USE; TRADING LOSSES; DIMINUTION IN ASSET VALUE; LOSS OF OR INABILITY TO ACCESS DIGITAL ASSETS; AND THE COST OF SUBSTITUTE SERVICES, EVEN IF FORESEEABLE OR A DAPITAL PARTY WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
This exclusion applies regardless of the legal theory and even if a remedy fails of its essential purpose. It does not exclude liability that cannot lawfully be excluded.
25 // 25. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Dapital Parties from and against claims, investigations, proceedings, damages, judgments, penalties, fines, liabilities, losses, costs, and expenses, including reasonable attorneys' and accountants' fees, arising out of or relating to:
your access to or use of the Services;
your account, Wallet, transactions, Feedback, User Content, promotions, or interactions;
your violation of these Terms, applicable law, or another person's rights;
Third-Party Services; or
use or misuse of the Services by a person using your devices, account, credentials, authentication methods, or Wallets.
Dapital may control the defense and settlement of an indemnified matter. You will cooperate and may not settle a matter in a way that admits liability by, imposes obligations on, or fails to release a Dapital Party without our written consent.
26 // 26. Assumption of Risk; Release
Digital Assets, decentralized finance, blockchain networks, smart contracts, Wallets, Leveraged Products, Tokenized Products, and Third-Party Services involve substantial risk and may result in partial or total loss.
Risks include volatility, illiquidity, slippage, inaccurate pricing, failed or irreversible transactions, malicious or counterfeit assets, loss or compromise of credentials or keys, hacks, phishing, malware, smart-contract vulnerabilities, protocol changes, governance attacks, oracle failures, bridge failures, network congestion, forks, reorganizations, validator or sequencer failures, stablecoin depegging, issuer or counterparty default, insolvency, liquidation, auto-deleveraging, regulatory change, taxation, and loss of access.
The Services and Digital Assets may not be covered by deposit insurance, investor-compensation schemes, securities-customer protection, chargebacks, or other protections.
You acknowledge that you understand and accept the risks of using the Services and each transaction you initiate. You are solely responsible for your decisions and should not use assets you cannot afford to lose.
To the fullest extent permitted by law, you release and hold harmless the Dapital Parties from claims, losses, damages, and liabilities arising from or relating to the Services, your decisions and transactions, Digital Assets, Third-Party Services, User Content, Information, Metrics, Wallets, authentication methods, networks, protocols, products, providers, or other users.
27 // 27. Taxes
You are solely responsible for determining what taxes, duties, withholdings, reporting obligations, or governmental charges apply to your Digital Assets, transactions, rewards, income, gains, losses, or use of the Services.
Dapital does not calculate, collect, report, or remit taxes for you except where Dapital determines it is required to do so. Dapital does not provide tax advice.
28 // 28. Privacy
Personal information collected through the Services is subject to our Privacy Policy, available at https://dapital.xyz/privacypolicy. By using the Services, you consent to the collection, use, disclosure, and other handling of information as described in the Privacy Policy.
No security measure is perfect, and communications and data may be intercepted, lost, altered, disclosed, or compromised.
29 // 29. Waiver, Severability, Assignment, and General Terms
No failure by Dapital to enforce a term is a waiver. A waiver by Dapital is effective only if in writing and does not constitute a continuing waiver or a waiver of another term.
If a provision is invalid, illegal, or unenforceable, it will be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
You may not assign or transfer these Terms without Dapital's prior written consent. Dapital may assign or transfer these Terms to an affiliate or successor in connection with a merger, acquisition, reorganization, or sale of assets.
Headings are for convenience only and do not affect interpretation.
These Terms are written in English (U.S.). A translation is provided only for convenience. If a translation conflicts with the English version, the English version controls.
30 // 30. Entire Agreement
These Terms, the Privacy Policy, and any other agreement or terms expressly incorporated by reference constitute the entire agreement between you and Dapital concerning the Services and supersede prior or contemporaneous communications and proposals, whether oral or written, concerning the Services.
31 // 31. Contact
Questions, comments, requests for technical support, and other communications concerning the Services or these Terms should be directed to: