Terms of Use

Disclaimer

By accessing and/or using the Services, you acknowledge that you have read, understood and agreed to Terms of Use and Privacy Policy (in particular, the "Disclaimer" and "Risk Warning" sections). The Disclaimer in the Terms of Use is reproduced for your ease of reference: The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Elfa to any registration requirement within such jurisdiction or country. The Services may be subject to varying legal and regulatory treatment depending on your jurisdiction. Access to certain Services may be restricted or prohibited under applicable laws. It is your sole responsibility to ensure that your use of the Services complies with all laws, regulations, and licensing requirements that apply to you. Elfa does not provide legal, financial, or investment advice and makes no representation as to the legality of any Services in any jurisdiction. Elfa operates a technology platform that provides access to data, analytics, insights, summaries, alerts, and other informational content derived from publicly available sources, third-party platforms, and automated or artificial intelligence ("AI")-based analysis ("Information"). All Information is provided for general information and educational purposes only. Elfa does not provide, and nothing on the Site or Platform constitutes financial advice, investment advice, trading advice, legal, tax or accounting advice, or any recommendation, endorsement or solicitation to buy, sell or hold any Digital Asset. Any decisions you make based on the Information provided by Elfa are made solely at your own risk. Elfa is not a bank, financial institution and does not provide regulated financial services. Elfa does not hold customer funds or Digital Assets on a custodial basis.

1Acceptance of the Terms

These terms of use are entered into by and between you and Afle ("Elfa," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of https://elfa.ai (the "Site"), the Platform, all related tools, applications (online, mobile or otherwise), data, software and other services provided by us (collectively with the Site and the Platform, the "Services"), whether as a guest or a registered user.

Please read the Terms of Use carefully (in particular, the "Disclaimer" and "Risk Warning" sections below) before you start to use the Services.

By using the Services, you accept and agree to be bound and abide by these Terms (including any Product Terms) and our Privacy Policy, found at https://elfa.ai/privacy incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use our Services.

The Services are offered and available to users who are 18 years of age or older and located in jurisdictions where the use and access of the Services do not violate any applicable laws. Further, by using the Services, you represent and warrant that you are of legal age to form a binding contract with Elfa and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. In particular, Restricted Persons are prohibited from accessing and/or using the Services.

2Disclaimer

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Elfa to any registration requirement within such jurisdiction or country. The Services may be subject to varying legal and regulatory treatment depending on your jurisdiction. Access to certain Services may be restricted or prohibited under applicable laws. It is your sole responsibility to ensure that your use of the Services complies with all laws, regulations, and licensing requirements that apply to you. Elfa does not provide legal, financial, or investment advice and makes no representation as to the legality of any Services in any jurisdiction.

Elfa operates a technology platform that provides access to data, analytics, insights, summaries, alerts, and other informational content derived from publicly available sources, third-party platforms, and automated or artificial intelligence ("AI")-based analysis ("Information"). All Information is provided for general information and educational purposes only. Elfa does not provide, and nothing on the Site or Platform constitutes financial advice, investment advice, trading advice, legal, tax or accounting advice, or any recommendation, endorsement or solicitation to buy, sell or hold any Digital Asset. Any decisions you make based on the Information provided by Elfa are made solely at your own risk.

Elfa is not an exchange, bank, financial institution and does not provide regulated financial services. Elfa does not hold customer funds or Digital Assets on a custodial basis.

3Description of Services

Elfa operates a decentralized technology platform that:

  • Provides users with access to Information on Digital Assets and Digital Asset markets as generated using aggregator and AI technologies, including through Elfa's AI-powered query and chat functionality ("Ask Elfa", and collectively, the "Information Services")
  • Routes trades or interactions to third-party trading platforms (the "External Platforms") through integrated Application Programming Interfaces ("APIs"), including but not limited to Hyperliquid and certain prediction market platforms (the "Trade Routing Services")
  • Allows users to integrate the Information Services and/or Information made available by Elfa to users' own websites and/or platforms through Elfa APIs (the "API Services")

(collectively, the "Services").

4Accessing the Services and Account Security

We reserve the right to withdraw or amend all or any part of the material we provide as part of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Services or the entire Services.

To access and/or use the Services, you may be required to link a third-party Digital Asset wallet (the "Wallet") which allows you to engage in transactions on blockchains or access and/or use the Services through your social media accounts. You may also be required to use a Digital Asset wallet provided by us (an "Elfa Wallet") to access and/or use some of the Services, which allows you to engage in and sign transactions on blockchains, fund the Elfa Wallet to participate in transactions on the External Platforms, and/or access certain other functions. Additional terms relating to the Elfa Wallet are as specified in Section 13 of these Terms. You are responsible for all arrangements necessary for you to have access to the Services, and for maintaining adequate security over your Wallet and private keys. We do not store or have access to your private keys or seed phrases.

Aside from the above, we may institute other security processes and procedures in relation to your access and/or use of the Platform and/or other Services. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account in relation to the Services is personal to you and agree not to provide any other person with access to the Platform and/or other Services or portions of it using your username, password, Wallet, social media accounts or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any Elfa Wallet, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Additionally, we may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms. In such cases, Elfa, in its sole discretion, may disable your account in connection with the Services and block your ability to access or use the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.

5Representations and Warranties

By accessing and/or using the Platform and Services, you represent, warrant and agree that:

  • You have read and understood these Terms, including the "Risk Warning" section below.
  • You are an individual, corporation, legal person, entity or other organization (including a decentralized autonomous organisation) with the full power, authority and capacity to (1) access and use the Services; and (2) enter into and comply with your obligations under these Terms (including any Product Terms).
  • These Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms.
  • You have not been previously suspended or removed from using the Services.
  • You are not a Restricted Person.
  • You do not intend to use the Services to interact or transact with any Restricted Person.
  • Your access and/or use of the Services will not result in you, us or any third party to breach any applicable laws, decree or judgement of any court, or any award of any arbitrator or those of any governmental or regulatory authority in any jurisdiction.
  • You are fully responsible for all access and use of the Services through your Wallet and/or social media accounts.
  • All documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to access and/or use Services.
  • All decisions made in connection with these Terms were solely and exclusively based on your own judgement and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives.
6Fees and Charges

We may, in our sole discretion and at any time, set or modify the fees for the Services. If we set or modify fees for the Services, the fee schedule may be available on the Site or separately informed to you. Except when required by law, fees are non-refundable.

Additionally, when using the Services, you may also be subject to other third party fees, including:

  • Where you are undertaking blockchain transactions, the payment of transaction fees to the appropriate network miners, validators, or operators ("Blockchain Fees"). You will be solely responsible to pay the Blockchain Fees for any transaction that you initiate via the Services. Blockchain Fees are neither levied directly by Elfa nor paid to or shared with Elfa in any way, but rather are determined by your use of the Services and the rules placed by corresponding blockchain communities at large. You acknowledge and agree that Elfa has no control over Blockchain Fees (including without limitation their applicability, payment, amounts, transmission, intended operation, and effectiveness) whether related to your use of the Services or otherwise, and in no event will Elfa be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.
  • You may be charged fees from Third Party Service Providers if you use Third Party Services in the course of accessing and/or using the Services. You are responsible for doing your own diligence on any Third Party Services to understand any applicable fee or charge that a Third Party Service Provider may charge you. Under no circumstances will Elfa incur any liability, of any kind, to you arising from or relating to such fees charged to you.
7Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable laws, decree or judgement of any court, or any award of any arbitrator or those of any governmental or regulatory authority in any jurisdiction.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or any other similar solicitation.
  • To impersonate or attempt to impersonate Elfa, an Elfa employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Elfa or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Site, the Platform or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Site and/or other Services.
  • Use any manual process to monitor the material on the Site and/or other Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Attack the Services, including via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
8Platform Content

The Site, the Platform, the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the "Platform Content") are owned by Elfa, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Elfa's name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Elfa or its affiliates or licensors. You must not use such marks without the prior written permission of Elfa.

9Third Party Content and Services

As part of certain Services, you may view, have access to, and use the informational content, products, or services ("Third Party Content" and "Third Party Services" respectively) of one or more third parties ("Third Party Service Providers"), including without limitation, the External Platforms. In each such case, you agree that you view, access or use such Third Party Content and Third Party Services at your own election. Your reliance on and use of any Third Party Content and Third Party Services in connection with the Services is governed on one hand by these Terms but, on the other, will also generally be subject to separate terms and conditions set forth by the applicable Third Party Service Providers. Those terms and conditions may involve separate fees and charges or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different than that which Elfa maintains and incorporates into these Terms. It is your responsibility to understand the terms and conditions in respect of the use of Third Party Content or Third Party Services, including how those Third Party Service Providers use any of your information under their privacy policies.

You access, rely upon or use any Third Party Content or Third Party Service at your own risk. Notwithstanding that certain Third Party Content and Services may be integrated into our Services, Elfa does not guarantee, endorse, or recommend such Third Party Content, Third Party Services or Third Party Service Providers to any or all users of the Services, or the use of such content or services for any particular purpose.

10Additional Terms for Information Services

Information provided through the Information Services, Ask Elfa and other AI-enabled features is generated automatically using aggregator and AI systems.

You acknowledge and agree that:

  • AI outputs are probabilistic, not deterministic
  • Information may be incomplete, inaccurate, outdated, misleading, or based on incorrect assumptions
  • Information may not reflect real-time prices, breaking news, market events, or full market context

Elfa makes no representations or warranties as to the accuracy, completeness, reliability, or timeliness of any Information. You should not take, or refrain from taking, any action based on any Information, or any other Information that we may make available at any time. You are solely responsible for verifying the accuracy and relevance of any Information before making any decisions or taking any action. Before you make any financial, legal, technical, operational, or other decisions, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

To the maximum extent permitted by applicable law, Elfa shall not be liable for: (a) any losses, damages, or missed opportunities arising from reliance on Information; (b) errors, omissions, or inaccuracies, whether accidental or otherwise; (c) outcomes resulting from user decisions based on AI-generated or data-driven content.

11Additional Terms for Trade Routing Services

Under the Trade Routing Services, Elfa provides users with access to a trade routing interface that enables users to initiate and route trading instructions to External Platforms. All trades are executed through the respective External Platforms. Elfa does not operate as a trading venue, exchange or order book. Elfa may, from time to time, permit you to provide trading instructions that are subject to pre-set rules. Elfa may require you to create an Elfa Wallet which will be used to access and use the Trade Routing Services.

To enable Elfa to perform the Trade Routing Services, you are required to cryptographically authorize a transaction that grants Elfa limited, revocable authority to submit trade instructions on your behalf by way of an agent wallet or through an Elfa Wallet. The delegated authority granted to Elfa is strictly limited and will only permit Elfa to submit trade instructions to the relevant External Platform subject to such parameters as specified by you under your trading instructions (such as order type, price limits, size or conditions). Elfa cannot withdraw any funds from your Wallet or Elfa Wallet, transfer assets to external wallets and/or accounts, modify delegation permissions or access assets outside the scope of the authorized trading parameters.

By accessing and/or using the Trade Routing Services, you:

  • Expressly authorize Elfa to execute trades on your behalf in accordance with your submitted instructions and pre-set rules
  • Acknowledge that execution is automated and dependent on the infrastructure of the External Platform
  • Agree to and will comply with the terms and conditions of the relevant External Platform
  • Understand that trade execution outcomes are not guaranteed

Elfa does not guarantee that any trades will be executed at the requested price or at all. All trading decisions and associated risks remain solely with you.

12Additional Terms for API Services

Through the API Services, Elfa offers APIs that provide access to certain data, analytics, or platform features, subject to usage limits, rate restrictions, and separate Product Terms relating to the API Services. Elfa reserves the right to modify, suspend, or revoke any API access.

13Additional Terms for Elfa Wallet

The following terms apply where you sign up for an Elfa Wallet and/or utilise any Services relating to the Elfa Wallet:

  • The Elfa Wallet enables you to store, send, receive, and otherwise interact with supported Digital Assets on compatible blockchain networks.
  • The Elfa Wallet is a custodial wallet. This means that the private cryptographic keys associated with your Digital Assets are securely managed and stored by us (or our designated key management service provider) on your behalf. You acknowledge and agree that you do not have direct access to or control over private keys.
  • You may control access to your Elfa Wallet and Digital Assets by way of authentication through your registered email with us, passkey-based authentication, or such other forms of authentication methods as may be introduced by us from time to time. We may access your Elfa Wallets under restricted permissions using session keys in order to perform automated actions on your behalf, in connection with your use of the Services and the Elfa Wallet. By using the Elfa Wallet, you authorise us to perform such actions as may be necessary for the purposes of your access to and/or use of the Services and/or in order for us to fulfil any legal or compliance obligations.
  • We determine, in our sole discretion, which Digital Assets and blockchain protocols are supported. We may add, modify, or remove support for any Digital Asset or protocol at any time without prior notice.
  • Digital Assets held in the Elfa Wallet are custodised by us or our appointed service provider using a secure key management system. You retain beneficial ownership of the Digital Assets in your Elfa Wallet. Title to the Digital Assets remains with you at all times and does not transfer to us. We do not hold, pledge or use your Digital Assets for our own account.
  • We employ industry-standard technical and organizational measures to safeguard your Digital Assets and related data.
  • We may engage reputable third-party custody or key management service providers. By using the Elfa Wallet, you consent to such arrangements.

Because the Elfa Wallet is custodial, you acknowledge that you do not control or possess the private keys to your Digital Assets. In the event our systems or service providers are compromised, inaccessible, or discontinued, access to your Digital Assets may be delayed or, in certain cases, lost.

14Rewards and Promotions

In connection with the Services, you may earn or receive incentives, prizes, points, or rewards that you may receive or earn ("Rewards"), which may be offered under certain rewards and/or promotion programmes implemented by Elfa from time to time. This may include Rewards that are Digital Assets, which may be received by you through the Platform. Any Reward that we may offer or make available to eligible users, from time to time and at any time, is subject to these Terms and any other applicable term or provision directly related to or in connection with the Reward. You hereby unconditionally and irrevocably confirm that you understand and accept any and all risk directly related to or in connection with any and all Rewards.

We expressly disclaim all representations and warranties regarding any Reward including that any: (a) Reward will be received; (b) Reward will occur on a continuous basis; (c) Reward will be on an uninterrupted basis or error-free basis; and (d) any particular Digital Asset will be available in connection with the Reward.

We have no liability for and expressly disclaim any and all loss, liability, or damage that you may incur directly, indirectly, or in connection with the Services, Rewards, or other features we provide including without limitation damage arising from or in connection with interruptions, errors, or defects in the applicable Services associated with the Reward, third party disruptions of or unauthorized access to the Services and suspension, discontinuance, and/or restriction of any Services and/or Rewards.

Some or all of the aggregate amount of the Rewards or other amounts may be programmatically destroyed as a penalty imposed by the applicable underlying blockchain network ("Slashing Penalty"). We will not be responsible or liable for any monetary or equitable damage you incur including any legal or monetary arising directly or in connection with your access, use, or unauthorized access of the Services.

In particular, we make no recommendation and do not provide any advice about the value or utility of a Digital Asset or any other virtual or physical product, good, or service, whether part of a Reward and/or promotion programme or otherwise.

15Monitoring and Enforcement; Termination

We have the right to:

  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
  • Take such other action as we deem necessary or appropriate in relation to and/or in connection with the Services.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement agencies or court order requesting or directing us to disclose your identity or any other information. You waive and hold harmless Elfa and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

You may terminate your access to and/or use of the Services at any time by:

  • With respect to the Information Services and Trade Routing Services, disconnecting your Wallet and/or social media accounts from the Services
  • With respect to the API Services, uninstalling any Elfa API from your website and/or platform, subject to any requirements or procedures as prescribed by us from time to time

All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of our other rights or remedies at law or in equity.

16Reliance on Information Posted

Any information (including any content) presented on or through the Services is made available solely for general information purposes. We make no representations, warranties or guarantees, whether express or implied, that the content presented on or through the Services, including information in relation to the Services, is accurate, complete or up to date. To the maximum extent permitted by applicable laws, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

In particular, the Services include Third Party Content. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Elfa, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Elfa. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third Party Content.

17Disclaimer of Warranties

The Services and any information or content provided on the Site and/or through any Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Site, the Platform, any of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. This could result in the inability to trade on the Platform for a period of time and may also lead to time delays.

You are responsible for obtaining the data network access necessary to use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, Platform and Site and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

These Terms do not affect any warranties that cannot be excluded or limited under applicable law.

18Risk Warning

Please ensure that you read this Risk Warning carefully before you use any of the Services. Note that this Risk Warning does not explain all of the risks that may arise when you use the Services, or how such risks relate to your personal circumstances. It is important that you fully understand the risks involved and seek any independent advice that you consider necessary or desirable before deciding to use the Services.

Volatility of Digital Assets

The value of Digital Assets can fluctuate significantly, and all Digital Asset transactions are speculative and volatile. There is a material risk of economic loss when staking or dealing Digital Assets through the Platform and Services. You should therefore consider whether use of the Platform and Services is suitable for you.

No Financial Services

Nothing contained on the Site or during the provision of the Services can be construed as a solicitation, recommendation or offer to acquire or dispose of any security, commodity, investment or to engage in any other financial transaction. No information set out on the Site or during the provision of the Services, including in particular through the Information Services, can be construed as investment advice, recommendation or representation about the suitability or appropriateness of any Digital Asset, financial product or service.

Not Investment

From time to time, we may offer Digital Assets through the Services. Any Digital Assets offered are primarily for entertainment purposes or for utility within a specified ecosystem or community. Such Digital Assets are not securities or other financial instruments and should not be bought, sold or held for investment purposes. You must not buy, sell or hold Digital Assets created or offered by us with the expectation of obtaining any returns or profits.

Non-Custodial

Our Services are strictly non-custodial in nature, and we do not have custody or control of your Digital Assets at any point. You are solely responsible for safeguarding your cryptographic private keys for your Wallets and should not share your wallet credentials or seed phrase with any unauthorized party. We do not assume any responsibility for or liability to you in connection with your use of a Wallet, and make no representations or warranties regarding how our Services will operate with any specific wallet. Any associated Wallet is your sole responsibility, and we are not liable for any actions or omissions by you resulting from a compromised Wallet.

No Fiduciary Duties

We are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any transactions or other activities you undertake when using the Services. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.

It is your responsibility to determine whether use of the Platform and Services is appropriate for you and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information provided by us, including any losses you incur arising from those decisions.

No Tax, Legal or Regulatory Advice

Using our Services may involve cross-border transactions, which can be subject to additional legal and tax implications. You have sole responsibility for determining what taxes you might be liable to, how and when they apply, and meeting such tax obligations, when using the Services. It is your responsibility to report and pay any taxes that may arise from using the Services, including in relation to any Rewards you may earn. You acknowledge that we do not provide legal or tax advice in relation to these transactions. If you have any doubts about your tax status or obligations when using Services, or with respect to the Digital Assets held by you, you are encouraged to seek independent advice.

Technological and Security Risks

The Services and the Digital Assets rely on emerging technologies, such as cryptographic and blockchain-based technologies. By accessing or using the Services, you understand and agree to the inherent risks associated with cryptographic and blockchain-based technologies, Digital Assets and systems that interact with blockchain-based networks. You agree and understand that Elfa does not own or control any of the underlying software through which blockchain networks (such as the Ethereum or Bitcoin blockchain) are formed. In general, the software underlying blockchain networks, is open source, such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (a) that Elfa is not responsible for the operation of the blockchain-based software and networks underlying the Services, (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying blockchain-based networks are subject to sudden changes in operating rules, such as Forks, which may materially affect the Services.

The nature of Digital Assets exposes them to an increased risk of cyberattack. There can be no guarantee that systems put in place by us to mitigate cybersecurity threats will always be effective to prevent improper access to the Platform and Digital Assets.

Regulatory Risk

You acknowledge and understand that the Services and any relevant Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Elfa to continue to make the Services available to you.

19Limitation on Liability

To the fullest extent provided by law, in no event will Elfa, its affiliates, or their licensors, service providers, employees, contractors, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any Services linked to it, any content on the Services or such other services, or any risks as identified in the "Risk Warning" section (as updated from time to time), including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Without prejudice to the foregoing and notwithstanding any other clause in these Terms, in no event will the liability of Elfa and its affiliates in aggregate exceed US$100. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any of our affiliates' entire liability for any and all losses and claims, howsoever arising, from the relevant events. You acknowledge and agree that neither Elfa nor any of our affiliates is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.

These Terms do not affect any liability that cannot be excluded or limited under applicable law.

20Indemnification

You agree to defend, indemnify and hold harmless Elfa, 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, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Services, including, but not limited to, any use of the Services other than as expressly authorized in these Terms
  • Your use of any information obtained from the Services
21Governing Law and Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the British Virgin Islands.

22Arbitration and Class Action Waiver

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration, following an attempt at mediation, administered by the Singapore International Arbitration Centre in accordance with its procedural rules for the time being in force, which rules are deemed to be incorporated by reference in this clause. All arbitration proceedings will be conducted solely on an individual basis. No dispute may be brought as a class action or representative action, whether in arbitration or any other forum.

The seat of the arbitration shall be Singapore.

The Tribunal shall consist of 3 arbitrators.

The language of the arbitration shall be English.

23Waiver and Severability

No waiver by Elfa of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Elfa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

24Notices

We may give notice to you through the Site or Platform, or by such other commercially reasonable means as we deem appropriate, including by way of email or other electronic means (including but not limited to Telegram or direct message over social media). Notices sent by way of email or other electronic means are deemed to be received by you once sent by us, whether or not a notice of delivery failure is received.

You may give notices to us by way of email at: support@elfa.ai.

25Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We will use commercially reasonable efforts to communicate to you any discontinuation of a Service through the Site or public communication channels. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

26Entire Agreement

The Terms, our Privacy Policy and such other terms and conditions as made available by us by way of the Services from time to time constitute the sole and entire agreement between you and Elfa regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

27Third Party Rights

Other than in relation to our affiliates, nothing expressed or referred to in these Terms will be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any clause or sub-clause of these Terms. The Terms and all of its clauses and sub-clauses are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.

28Survival

All clauses and sub-clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.

29Definitions and Interpretation

In these Terms:

  • Clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of these Terms
  • The words "include" or "including" shall mean including without limitation and include without limitation respectively
  • Any undertaking to do or not do a thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing
  • Words importing the singular include the plural and words importing a gender include any gender
  • Any reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of these Terms or that document

In the event of any inconsistency between these Terms (including any documents referred to in these Terms), the inconsistency shall be resolved by giving such provisions and documents the following order of precedence:

  • Any Product Terms
  • The Privacy Policy
  • These Terms

In addition, except where the context requires otherwise, the following terms shall have the following meanings:

"Digital Assets" means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset.

"Product Terms" means any product-specific terms and conditions that apply to the use of a Service, in addition to these Terms.

"Restricted Person" means any person that is a member of any sanctions list or equivalent maintained by the United States government, the Canadian government, the United Kingdom government, the European Union or the United Nations, or is otherwise restricted or prohibited by any government or regulatory authority from accessing and/or using the Services, including but not limited to any person located, organised or resident in Cuba, Iran, North Korea, Syria, Russia, Belarus, and the Donetsk and Luhansk regions of Ukraine.

30Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@elfa.ai.