TERMS & CONDITIONS

Giraft.io & Giraft LLC Introduction and Terms of Use Agreement

Welcome to Giraft.io: Operated by Giraft LLC, our platform is dedicated to offering a decentralized digital experience with cutting-edge tools and functionalities. While we aim to empower users, it‘s essential to recognize and understand the inherent risks involved. This document delineates your rights, obligations, and the comprehensive terms governing your interaction with Giraft.io and its services. We advise a thorough review of these terms, as using our platform signifies your acceptance and agreement to these conditions and any future modifications.

By engaging with our website or utilizing our services, you acknowledge, accept, and agree to be bound by these terms and conditions, including any future amendments. Giraft LLC reserves the right to modify these terms at any time. Non-substantial amendments may be made without prior notice. However, for significant changes, we will provide you with advance notification and may require your re-acceptance of the revised terms before they take effect. Should you disagree with any changes, it is imperative that you discontinue using our services immediately. The termination policies outlined below will then apply. Your continued use of our services following any amendments signifies your consent to be bound by the modified terms and conditions. All engagements not concluded before the implementation of revised terms will be governed by the terms in effect prior to the change.

This agreement establishes the legal framework of your interaction with Giraft LLC and the use of the Giraft.io website. Access to and use of our website is conditioned upon your acceptance of all terms, conditions, and notices contained herein. These terms serve as a legal contract between you and Giraft LLC. Please ensure you understand and agree to these terms before using our website. Should you not accept these terms (“Terms of Use”), you must cease using our website immediately.

By proceeding to use Giraft.io and any services provided by Giraft LLC, you confirm your understanding, acceptance, and compliance with these terms, embracing the innovative journey we offer while acknowledging the responsibilities it entails.

Agreeing to Our Terms

By engaging with Giraft LLC (“Company,” “we,” “our,” “us”) through the use of our website, https://Giraft.io/, including all its sub-pages and the user interface available at https://Giraft.io/sports/ (referred to collectively as the “Website” or individually as the “Interface”), you (“you” or the “User”) are entering into an agreement bound by these Terms of Use, along with our Privacy Policy and any other documents we incorporate by reference (together, this “Agreement”). It‘s crucial that you thoroughly review these Terms before navigating the Website or interacting with the Interface. Your decision to use the Website signifies your acceptance of this Agreement and our Privacy Policy. If you‘re not in agreement with these Terms or any part of this Agreement, you should refrain from accessing or using the Website.

Our Website is accessible to individuals who are at least 18 years old or have reached the age of majority required to enter into a binding contract in their jurisdiction, whichever is higher. By using our Website, you affirm that you meet these age requirements and that you are not a citizen or resident of, nor located in, any country facing sanctions or embargoes from the United States or where engaging with our Website is prohibited or restricted by law. This includes adhering to all applicable laws and regulations (“Applicable Laws”) relevant to you, the Website, the Interface, and any associated protocols or activities. If you do not fulfill these criteria, you are prohibited from accessing and using the Website.

Understanding Our Services and the Underlying Protocol; Dealing with Blockchain Fees

Our website offers a range of services (“Services”) designed to provide users (“Participants”) with tools and insights necessary for interacting with or contributing to Giraft‘s decentralized, autonomous financial market system. This system operates on blockchain technology and is powered by smart contracts (referred to as the “Protocol”). The Protocol is decentralized, which means once transactions or interactions are initiated, Giraft LLC has no control over them—this includes any ability to modify, halt, or reverse these actions, whether initiated via our website‘s interface or not. It‘s important to understand that there are multiple ways to engage with the Protocol beyond our interface.

Thus, while our Services, including the website and its interface, facilitate access to the Protocol, they are separate from the Protocol itself. Any products or offerings emerging from the Protocol are not to be considered as provided by Giraft LLC. Before you interact with the Protocol, we urge you to become well-acquainted with it and the associated risks, such as the potential loss or forfeiture of your crypto-assets under the Protocol‘s rules. YOU ACKNOWLEDGE AND ACCEPT THAT ANY INTERACTION WITH THE PROTOCOL IS DONE AT YOUR OWN RISK, AND GIRAFT LLC DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTIES REGARDING THE PROTOCOL, WHETHER ACCESSED THROUGH OUR SERVICES OR OTHERWISE.

Utilizing our Services fully, whether through the interface or not, may necessitate the payment of transaction fees. These fees are imposed by the blockchain or distributed ledger technology underlying the Protocol, not by Giraft LLC, and are meant to promote the Protocol‘s intended use among participants (“Blockchain Fees”). The amount and application of these fees are determined by the broader blockchain community and the specific rules of the Protocol, not by Giraft LLC. We want to make it clear that Giraft LLC has no influence over these Blockchain Fees—including their determination, collection, or operational efficacy—and cannot be held responsible for any aspect of these fees related to your use of our Services.

For a deeper understanding of blockchain technology, crypto-assets, and the inherent risks, we encourage you to further explore the nature of blockchain technology and the assumption of risks involved.

Betting Guidelines

• Understanding & Responsibility: You acknowledge your understanding of how our betting services operate. You commit not to engage in actions that could harm the reputation of Giraft LLC (“DAO”).
• Accuracy of Transactions: You bear full responsibility for verifying the accuracy of your bet details before confirming your wager.
• Risk Acknowledgement: You recognize the risk of financial loss in betting and accept full responsibility for any such losses. Your decision to use our platform is made at your own discretion and risk, without recourse to the DAO for your betting outcomes.
• Transaction Acceptance: Bets are officially accepted once they‘re recorded on the blockchain, indicated by a unique transaction hash. If a transaction fails to process, review your steps or contact support. Be aware that high blockchain traffic or technical issues outside our control might affect transactions.
• Time Zone: All times on the official website are in GMT. This applies to all promotions and betting activities.
• Pre-Betting Checks: Ensure you‘re familiar with the terms of bet acceptance and how winnings are calculated before placing a bet.
• Consent to Terms: By placing a bet, you affirm your understanding and agreement with the DAO‘s terms and these betting guidelines.
• Timing of Bets: Bets can be placed up until the official start time of the event. Late bets may be voided.
• Finality of Bets: All bets are final. If a bet is deemed invalid by the smart contract, for reasons like event changes or cancellations, the wagered amount will be returned to your cryptocurrency wallet.
• Event and Odds Information: Bets are based on pre-match information and odds from the Azuro protocol. Despite the event‘s scheduled start time, bets are valid if placed before the actual start. Incorrect dates do not invalidate bets.
• Event Postponement: Bets on events postponed for less than 24 hours remain active; beyond that, bets may be refunded unless stated otherwise by the smart contract. The DAO‘s data providers determine the outcome of such postponements.
• Cancellations Due to Errors: Bets are refundable if errors due to human or software issues occur, including obvious odds mistakes.
• Settlement Despite Technical Errors: Bets are settled at original odds unless a technical glitch directly impacts the event‘s outcome.
• Name Accuracy: The DAO isn‘t liable for the accurate translation of players, teams, or event locations. Such inaccuracies don‘t invalidate bets.
• Winnings Cap: The maximum win per bet is unlimited, except for express bets, which are capped at 250,000 xDAI/USDt.
• Minimum Bet: The smallest bet accepted is 1 xDAI/USDt.
• Bet Acceptance: A bet is considered official once recorded on the blockchain. Bets cannot be canceled post-registration.
• No Credit Bets: Bets are placed directly from your wallet to the Azuro Protocol Smart contracts, generating an NFT receipt in your wallet. Winnings are claimed through another on-chain transaction.
• Winning Conditions: A bet is won if all specified outcomes occur, determined by the event‘s recorded results and data oracles.
• Result Finality: Initial event results stand, despite any later cancellations. Outcomes are based on official reports or, in their absence, alternative credible sources.
• Payouts: Winning bets are generally redeemable within an hour of finality. However, there are rare circumstances in which it can take 24 hours to resolve.

Website Access and User Responsibilities

We reserve the right to modify or discontinue the website, including any services or content we offer, at our discretion without prior notice. We won‘t be liable if, for any reason, the website or any part of it becomes unavailable for any duration. Occasionally, access to certain sections of the website or the entire site may be limited to users.

As a user, you‘re responsible for:

• Making the necessary arrangements to access the website and its services.
• Ensuring that anyone accessing the website through your internet connection is aware of these Terms of Use and adheres to them.

To use certain services or access specific resources on the website, you might need to provide registration details or other information. Accessing other services or resources (like the interface) may require Web3 functionalities, such as a compatible crypto-asset wallet that can interact with your web browser or relevant blockchain networks (“Web3 Utilities”). By using the website and its services, you agree to operate such Web3 Utilities only with private keys you own or have explicit permission to use. You commit to providing accurate, current, and complete information for all interactions with the website, interface, or services, in line with our Privacy Policy. You also consent to our handling of your information as outlined in our Privacy Policy.

If using a Web3 Utility involving a username, password, private key, or any other security details, treat this information as confidential. Do not share it with others. Acknowledge that your Web3 identity is personal and should not be accessed by others. Ensure the security of your Web3 Utility, especially when using public or shared devices, to prevent others from accessing your personal details. If your Web3 credentials are compromised, understand that your crypto-assets might also be at risk, and you release the company from any liability for losses incurred.

We reserve the right to disable any user account, password, or identifier, including those linked to Web3 Utilities, or block any IP address from accessing the website at our discretion, for any reason, particularly if there‘s a breach of these Terms of Use.

Restrictions on Use

You are permitted to access and use the website and its services strictly for legitimate purposes and in line with these Terms of Use. Specifically, you agree not to:

• Violate any applicable laws or regulations, whether local, state, national, or international, including those related to data and software exportation.
• Exploit or harm minors in any manner, including through exposure to inappropriate content or solicitation of personal information.
• Send or facilitate unsolicited advertising or promotional material like spam or junk mail.
• Impersonate the Company, its staff, another user, or any entity, or misuse email addresses or blockchain identities to deceive.
• Engage in behavior that limits others‘ use or enjoyment of the website, potentially harms the Company or its users, or exposes them to liability.
• Access the website from, or if you are a resident or citizen of, countries where such access is prohibited by the US or other relevant laws, including but not limited to countries under US sanctions. If they are a citizen of or otherwise accessing the website from the United States and its territories or from the nations of Belarus, Burma, China, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe (collectively, “Prohibited Jurisdictions”), or if the User is otherwise listed as a Specially Designated National by the United States Office of Foreign Asset Control (OFAC).
• Undertake any action deemed illegal or not permitted by applicable laws.
• Misuse any of the website‘s services, its underlying technologies, or interact with the website in a way other than intended.
• Commit or encourage fraudulent actions or manipulations.
• Damage the Company‘s reputation or infringe upon its legal rights.

Furthermore, you agree not to:

• Deceive, defraud, or attempt such actions against anyone, including providing false or misleading information.
• Manipulate or defraud any decentralized exchange (DEX), oracle system, blockchain network, or their users.
• Promote or assist illegal activities.
• Cause annoyance, inconvenience, or needless anxiety to others.
• Falsely represent your identity or affiliation with any entity or person.
• Engage in activities that breach laws or harm the integrity of the website and its services.
• Misrepresent your content as endorsed by the Company or others when it is not.
• Overload, damage, or impair the website or hinder others‘ use of it.
• Use automated methods like bots or scrapers to access the website for unauthorized purposes.
• Circumvent any geographic restrictions placed by the Company.
• Introduce harmful software or materials to the website or its services.
• Attempt unauthorized access to the website‘s systems or disrupt its operations.
• Infringe on the rights of others or engage in actions leading to civil or criminal liability.
• Launch attacks against the website, its services, or associated technologies.
• Incite others to violate these terms.
• Interfere with the proper functioning of the website or its services in any way not outlined here.

Violating these restrictions may lead to consequences including but not limited to access limitations or legal action, in accordance with these Terms of Use and our Privacy Policy.

Updating Our Terms of Use

We may periodically revise and update these Terms of Use at our discretion. All changes become effective immediately upon posting and apply to all subsequent access and use of the website. Changes to dispute resolution terms won‘t affect disputes notified to us before posting the changes.

Your continued engagement with the website or services after updates signifies your acceptance of the new terms. We recommend reviewing this page regularly to stay informed of any changes, as they are binding.

Intellectual Property Rights

The website and its entire contents, including software, text, images, video, audio, and the overall design, are owned by the Company, its licensors, or material providers, protected by copyright, trademark, patent, and other laws. You‘re allowed to:

• Temporarily store materials in RAM as part of viewing the content.
• Cache files automatically through your browser for better display.
• Print or download a reasonable number of pages for personal, non-commercial use only.
• Download a single copy of any downloadable software we provide, subject to the terms of any applicable license agreement.

You may use open-source materials on the website or through our services as permitted by the relevant open-source licenses.

You must not:

• Alter or modify any materials from the website.
• Use any media content separately from accompanying text.
• Remove or change any copyright or trademark notices.

Breaching these terms may result in immediate revocation of website access. You may need to return or destroy any copied materials at our discretion. No rights to the website content are transferred to you beyond what is explicitly granted, and we reserve all other rights.

Open-source materials provided under their specific licenses can be used freely within those license constraints.

Unauthorized use of the website may infringe on copyright, trademark, and other laws.

Oversight and Consequences; Account Termination

We reserve the right to:

• Take any necessary legal actions, including reporting to law enforcement, against any illegal or unauthorized usage of the Website.
• End or pause your access to the Website, wholly or partly, for any reason at all, especially if there‘s a breach of these Terms of Use.

We may cooperate fully with law enforcement or any court order that requires us to reveal the identity or other details of anyone who posts content on the Website. BY ENGAGING WITH THE SERVICES, YOU RELEASE THE COMPANY, ITS PARTNERS, LICENSORS, AND SERVICE PROVIDERS FROM ANY LIABILITY ARISING FROM ANY ACTIONS TAKEN IN THE COURSE OF INVESTIGATIONS BY THEM OR LAW ENFORCEMENT.

However, it‘s not possible for us to preview all interactions or actions before they happen on the Website, and due to the decentralized nature of blockchain and the functionalities of our Services, we can‘t guarantee immediate correction or removal of undesirable actions once they‘ve occurred. Thus, you acknowledge that we are not liable for any actions taken or not taken regarding content, transactions, or communications on the Website by users or third parties. We are also not responsible for any issues, inaccuracies, or damages arising from interactions with the blockchain used by our Services or the reliance on information available on the Website.

Understanding Information on Our Website

The content and information offered on our website, including any interfaces, are provided primarily for informational and educational purposes. We do not guarantee the accuracy, completeness, or utility of this information. Information shared via our website or services is not intended to form a contract nor should it be interpreted as an offer by the company to buy, sell, or trade crypto-assets. Users should exercise caution and assess risks when relying on any information found on the website, as engaging with blockchain technology and our services inherently carries significant risks, including technical issues or risks posed by other users. We are not liable for any consequences that may arise from your reliance on content from our website or the actions of others within the blockchain environment or any associated technologies.

Our website and services may also feature content from third parties, including contributions from other users, bloggers, licensors, and various blockchain participants. Opinions, claims, and all other content from third-party sources are the responsibility of the respective contributors and do not necessarily represent our company‘s views or reflect reality. We accept no responsibility for the accuracy or reliability of any third-party content. It is up to you to critically assess and decide on engaging with any third-party services or content accessed through our services.

Information about our Privacy Policy

Our collection of information through this Website is governed by our Privacy Policy. By accessing the Website, you agree to our use of your information as outlined in the Privacy Policy.

Restricted Actions on the Website

• Engaging in the use of abusive or hostile language, images, swear words, threats, or any form of aggression towards other users and the DAO is strictly prohibited.
• You are not permitted to upload information that could disrupt the Website‘s operations or engage in activities detrimental to its functionality. The introduction of malware, viruses, sending spam, or mass emails is not allowed. Altering or removing website information is also forbidden.
• The Website is intended for personal and entertainment use only. Replicating the Website or any of its content without our explicit written permission is not allowed.
• By using our Website, you commit not to breach or attempt to breach our security measures. Should we have grounds to believe you are attempting to compromise our security infrastructure, we reserve the right to terminate your access, block your account, and report the incident to law enforcement agencies.
• We shall not be held accountable for any loss or damage arising from technical glitches, including those caused by software issues, viruses, or other malicious entities, encountered while using the Website, downloading content from it, or following any links to it.
• The sale or transfer of user accounts among users is strictly prohibited.

Disclaimer of Warranty

The Company, as a developer of open-source software, does not directly offer or manage the Protocol or any blockchain network. Our services are designed to facilitate user participation in the Protocol and blockchain networks for DeFi activities. However, we do not oversee or control any specific crypto-assets, blockchain networks, or the Protocol itself. Users are entirely responsible for their engagement with our services, including transactions made and information used from the Website or Interface. This responsibility extends to adhering to all relevant laws, such as those regulated by the U.S. Commodity Futures Trading Commission (CFTC) and the U.S. Securities and Exchange Commission (SEC), among others. It‘s important to note that the Company is not registered with or licensed by the CFTC, SEC, or any financial regulatory body.

We do not assure that downloads from the internet, our Website, or services will be free of viruses or other harmful components. Users should implement adequate measures to protect against viruses and ensure data integrity and security, including using suitable Web3 Utilities and maintaining external data backup solutions.

To the maximum extent allowed by law, we will not be liable for any loss or damage resulting from cyber-attacks, viruses, or other harmful elements that may affect your devices or data due to the use of our Website, services, or any downloaded materials.

The use of the Website, Interface, Protocol, and our services is at your own risk. We provide these on an “AS IS” and “AS AVAILABLE” basis without any warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not guarantee the Website, Interface, or services will be secure, uninterrupted, error-free, or free from defects.

We make no warranties regarding the accuracy, reliability, or completeness of the information provided. We expressly disclaim any responsibility for the content, accuracy, or reliability of any third-party services or information linked to or from our Website.

This disclaimer does not negate any warranties that cannot be excluded or limited under applicable law.

Restrictions on Our Liability

• You acknowledge that your decision to use the services offered by the Website is made independently and at your own risk.
• Unless mandated by law, the DAO, including its members and partners, shall not be liable for any indirect, incidental, special, or consequential damages, or for any loss of profits, usage, or data. This limitation applies to damages arising from your use of, or inability to use our Website, including but not limited to damages resulting from reliance on information obtained from the Website, or from errors, interruptions, system failures, deletion of files or emails, defects, viruses, delays in operation, or any other type of failure, regardless of whether these arise from acts of God, communications breakdown, theft, destruction, or unauthorized access to the Website‘s records, programs, or services.
• The applicability of certain disclaimers or limitations of liability may vary based on local laws, and therefore, may not apply to some users.
• To the fullest extent allowed by law, the total liability of the DAO (including its directors, members, employees, and agents) for any claims arising from or related to the Website‘s use or inability to use, regardless of the form of action, will not exceed 100 xDAI.
• The DAO shall not be liable for any failure or delay in fulfilling its obligations where such failure or delay results from any cause beyond its control, including natural disasters, strikes, power failures, acts of war, acts of God, actions of government authorities, or any other circumstances considered as Force Majeure under legal standards.

Understanding Blockchain Risks and Your Responsibilities

Blockchain technology, decentralized exchanges (DEXs), decentralized finance (DeFi), crypto-assets, the Protocol, vaults, and associated technologies are cutting-edge innovations that come with both predictable and unpredictable risks from security, financial, technical, political, social, and personal safety perspectives. Engaging with blockchain technology demands significant expertise and knowledge to navigate safely and effectively. The inherent volatility of crypto-assets is influenced by various factors, including but not limited to adoption rates, market speculation, manipulation, technology developments, and changes in legal and regulatory landscapes. Transaction speeds and costs on blockchain networks, such as those the Protocol operates on, can fluctuate widely. Additionally, the transparent nature of many blockchain transactions means that interactions with the Protocol or any blockchain could be publicly visible and interpretable.

By using our Website or Services, you acknowledge these risks and confirm that you understand and are prepared to accept the challenges associated with blockchain technology, DeFi, crypto-assets, and related innovations. You assert that you possess sufficient knowledge to engage with these technologies safely and are aware of both known and unknown risks. You also understand the potential for inaccuracies in information provided through the Website, Interface, or Services, which could result from malicious activities and lead to significant harm. We are not responsible for any risks associated with blockchain technology, nor do we own or control any blockchain network, DEX, or the Protocol. We cannot assure the uninterrupted or error-free operation of our Services and will not be liable for any harm, loss, or damage you may suffer from using our Website or Services.

By proceeding to use our Website and Services, you acknowledge the risks mentioned and agree to take full responsibility for these and other potential risks. You also explicitly waive any claims against us related to your use of the Website and your interactions with our Services.

Disclaimer on Advice, Fiduciary Duties, and Insurance

Information provided on our Website, including any interfaces, is purely for general knowledge and should not be considered as professional guidance on matters such as taxes, legal issues, or financial advice. You should not base any actions solely on the information found on our Website or through our services. Instead, seek advice from qualified professionals for significant financial, legal, or other decisions.

Furthermore, engaging with our Website and services does not establish any fiduciary relationships. We do not assume control, ownership, or responsibility for any crypto-assets or other properties transacted through our services. By using our Website and services, you acknowledge that no fiduciary obligations are owed to you or any third party by us. Any potential fiduciary duties are fully disclaimed and waived to the maximum extent permitted by law, and we, along with any participants, are absolved from such liabilities.

It‘s also important to note that your crypto holdings are not equivalent to bank accounts and do not receive insurance protections against losses, whether from asset value decline, cybersecurity breaches, or errors and misconduct by you or others. In many jurisdictions, crypto-assets are not recognized as legal tender and are generally not government-backed. Consequently, balances and transactions involving crypto-assets on our platform are not protected by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or any analogous schemes.

User Obligations and Legal Considerations

Indemnification: By using our Website and services, you agree to defend, indemnify, and hold the Company, along with its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents, harmless from any claims, damages, liabilities, or expenses (including attorneys‘ fees) that arise from your breach of these Terms of Use, your interactions with the Website, Services, or Protocol, your reliance on information obtained from the Website, or any access to the Website or Services facilitated by you or through your devices or accounts.

Governing Law: The laws of Serbia will govern these Terms of Use and your use of the Website, without regard to its conflict of laws principles. Any disputes or claims related to these Terms or the Website, including non-contractual issues, will be subject to the exclusive jurisdiction of Serbia‘s laws.

Dispute Resolution: Disputes related to your use of the Website, Services, or these Terms will be resolved through binding arbitration by the American Arbitration Association, following its arbitration rules. The arbitration panel has the authority to decide on its jurisdiction and the validity of the arbitration agreement. Arbitration will occur on an individual basis, excluding class actions or class arbitration. The Terms prohibit class arbitration, and if this clause is found unenforceable, the rest of the arbitration agreement remains in effect.

Claims, Waivers, and the Agreement

Claims Time Limit: You must initiate any legal action or claim related to these Terms of Use or your use of the Website within one year from when the claim arises. Failure to do so within this timeframe will result in the permanent forfeiture of the claim.

Waiver and Severability: The Company‘s failure to enforce any right or provision in these Terms does not waive the right to enforce such provision in the future. Similarly, a waiver of any specific term or condition does not imply a waiver of any other terms. Should any part of these Terms be deemed invalid or unenforceable by a court, the offending provision will be modified to the minimum extent necessary, allowing the rest of the Terms to remain effective and enforceable.

Entire Agreement: The Terms of Use, our Privacy Policy, and any documents referenced within, form the complete agreement between you and the Company concerning the Website. This agreement replaces all previous discussions, agreements, and understandings, whether oral or written, about the Website.