Terms and Conditions for perps.dev

Last Updated: 2024/03/25

TERMS AND CONDITIONS OF USE FOR PERPS.DEV

Welcome to perps.dev, an analytics platform that analyzes perpetual futures transactions from the Jupiter Platform on the Solana network in real time ("Platform"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you and perps.dev ("we," "us," or "our") governing your access to and use of the website at https://perps.dev, including any content, functionality, and services offered on or through the website (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

1. ACCEPTANCE OF TERMS

1.1 By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (available at https://perps.dev/privacy-policy), which is incorporated herein by reference.

1.2 We reserve the right to modify these Terms at any time without prior notice, and such modifications will be effective immediately upon posting the modified Terms on the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. You are responsible for regularly reviewing these Terms.

2. ELIGIBILITY

2.1 You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Platform.

2.2 You represent and warrant that your use of the Platform does not violate any applicable law or regulation in your jurisdiction.

2.3 We reserve the right to refuse access to the Platform to anyone at any time for any reason.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 To access certain features of the Platform, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. FINANCIAL DISCLAIMER - NOT FINANCIAL ADVICE

4.1 IMPORTANT NOTICE: PERPS.DEV IS STRICTLY AN ANALYTICS PLATFORM ONLY. WE DO NOT OFFER ANY TRADING FUNCTIONALITY OR SERVICES. WE ARE NOT FINANCIAL ADVISORS, INVESTMENT ADVISORS, BROKERS, OR DEALERS.

4.2 All information, data, and content provided on the Platform is for informational and analytical purposes only. The Platform solely analyzes and displays data from perpetual futures transactions occurring on the Jupiter Platform on the Solana network. Nothing contained on the Platform constitutes financial advice, investment advice, trading advice, or any other advice.

4.3 Before making any investment or trading decision, you should conduct your own research and consult with professional financial advisors. Trading perpetual futures and other financial instruments involves substantial risk, including the potential loss of principal, and is not suitable for all investors.

4.4 Past performance is not indicative of future results. The Platform does not guarantee any specific outcome or profit.

4.5 You acknowledge and agree that you are solely responsible for determining the nature, potential value, and suitability of any particular trading strategy, transaction, or investment. You assume full responsibility for any investment decisions or transactions you make based on information obtained through the Platform.

5. PLATFORM USE AND ANALYTICS

5.1 The Platform provides analytics related to perpetual futures transactions on the Jupiter Platform on the Solana network. These analytics are provided "as is" and "as available" without any warranties of any kind, either express or implied. THE PLATFORM DOES NOT FACILITATE OR EXECUTE ANY TRADES - IT IS SOLELY AN ANALYTICAL TOOL.

5.2 We do not guarantee the accuracy, completeness, or timeliness of the information presented on the Platform. The data may be delayed, inaccurate, or contain errors or omissions.

5.3 We are not responsible for any actions you take based on the information or analytics provided on the Platform, including any trading decisions you might make on third-party platforms.

5.4 Technical issues, including but not limited to system failures, network errors, or delays, may impact the accuracy or availability of the Platform's analytics. We are not liable for any consequences resulting from such technical issues.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 The Platform and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by perps.dev, its licensors, or other providers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Platform without our express written consent.

6.3 Any feedback, comments, or suggestions you may provide regarding the Platform is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

7. USER CONTENT AND CONDUCT

7.1 You are solely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Platform ("User Content").

7.2 You represent and warrant that: (i) you own or control all rights to the User Content you provide, or have received all necessary permissions from the rightful owners; and (ii) your User Content does not violate any third party's rights or any applicable laws.

7.3 We have the right but not the obligation to monitor and edit or remove any User Content. We do not take responsibility or assume liability for any User Content posted by you or any third party.

7.4 You agree not to use the Platform to:
   a) Upload or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
   b) Impersonate any person or entity;
   c) Engage in any activity that interferes with or disrupts the Platform;
   d) Attempt to gain unauthorized access to the Platform, other users' accounts, or computer systems;
   e) Engage in any fraudulent or deceptive activity;
   f) Harvest or collect user information without consent;
   g) Transmit any viruses, worms, defects, Trojan horses, or other destructive code.

8. THIRD-PARTY LINKS AND SERVICES

8.1 The Platform may contain links to third-party websites or services that are not owned or controlled by perps.dev. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8.2 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 DISCLAIMER OF WARRANTIES: THE PLATFORM AND ALL CONTENT, FUNCTIONS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERPS.DEV, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.3 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE PLATFORM.

9.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. INDEMNIFICATION

10.1 You agree to defend, indemnify, and hold harmless perps.dev, 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 or your use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

11.2 Any dispute arising from or relating to these Terms or your use of the Platform shall be resolved exclusively through binding arbitration in accordance with the American Arbitration Association's rules, except that you may assert claims in small claims court if your claims qualify.

11.3 Any arbitration will be conducted on an individual basis; class arbitrations and class actions are not permitted. By using the Platform, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. TERMINATION

12.1 We may terminate or suspend your access to all or part of the Platform, without notice, for any reason, including, without limitation, breach of these Terms.

12.2 Upon termination, your right to use the Platform will immediately cease, but all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. MISCELLANEOUS

13.1 Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and perps.dev regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

13.2 Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.4 Assignment: You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

14. CONTACT INFORMATION

14.1 If you have any questions or concerns about these Terms or the Platform, please contact us at [email protected].

BY USING PERPS.DEV, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU UNDERSTAND THAT PERPS.DEV IS SOLELY AN ANALYTICS PLATFORM THAT DOES NOT OFFER OR FACILITATE ANY TRADING FUNCTIONALITY. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE PLATFORM.