Terms of Use

DWELL.FI TERMS OF USE

PLEASE READ THESE TERMS OF USE BEFORE USING THE PLATFORM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED THEREIN, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED AMICABLY, INCLUDING THROUGH MEDIATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT. IF THE CLASS ACTION WAIVER REFERRED TO ABOVE IS FOUND TO BE UNENFORCEABLE, THAT PROVISION WILL BE DEEMED INVALID AND REMOVED FROM THE TERMS, AND THE REMAINING OBLIGATIONS WILL CONTINUE IN FULL FORCE AND EFFECT. 

  1. INTRODUCTION 

DwellFi is a leading provider of AI and tokenization tools that solve the data friction and productivity challenges for PE/RE/VC Funds, Digital Asset Funds, Hedge Funds, Fund Administrators, and LPs.

By accessing the Platform, using, or clicking on the Services, and information made available by the Company via the Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms, and to comply with all applicable laws and regulations, as amended from time to time, and that you comply with the requirements listed herein. The Privacy Policy and other additional terms, guidelines, and rules as set forth on the Platform are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User. If you do not agree to all of these Terms or comply with the requirement herein, please do not access or use the Platform and the Services.

We reserve the right, at our sole discretion, to change or modify portions or the full wording of these Terms at any time, including for security, legal or regulatory reasons, as well as to reflect updates or changes to the Services or functionality of the Platform. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You are strongly advised to check these Terms periodically to ensure that you are cognizant of the current version and comply with them. We shall also notify you about the above-mentioned changes, either through the Platform interface or through other reasonable means. Any such changes will become effective no earlier twenty (20) days after they are posted, except changes addressing new functions of the Platform, which will be effective immediately.

You should seek professional advice regarding any possible legal requirements you must comply within relation to the use of the Platform, the Service or the relevant tools provided by the Company.

By creating your account on the Platform, you are entering into a legally binding contract with Dwell.fi.

  1. DEFINITIONS 

AML – shall mean Anti Money Laundering and Terrorist Financing procedure, that provides a record of the specific actions taken by the Company in the context of prevention of money laundering and terrorist financing.

Applicable laws – shall mean any relevant documents such as acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or supervisory authorities, including, but not limited to, the governing law stipulated under Laws of the State of California and Laws of the United States of America which relate specifically to the Services provided by the Platform.

Blockchain – Distributed ledger of tamper-resistant records linked in a chain-like structure. Each block contains a cryptographic hash of the previous block, making the ledger immutable and providing a high level of security. The decentralized nature of blockchain networks allows for a transparent and trust less system for recording and verifying transactions, without the need for intermediaries.

Company, Dwell.fi, we – shall mean Dwell.fi, a Delaware Corporation.

Content – shall mean all content generated by the Company and provided on the Platform, including among others logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, any written or multimedia materials, services, advertisements, software, code, data, files, archives, folders, or available downloads on the Platform.

Cookie – shall mean piece of data from a website that is stored locally within a web browser that the website can retrieve at a later time.

Digital Assets – shall mean cryptographic tokens, of any standard or type, that can be introduced on the Platform.

Feedback – shall mean any comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform.

KYC – shall mean Know-Your-Customer procedure that Company can carry out itself or by means of third-party services, to identify its customers and beneficial owners and obtain the relevant information required to do business with the party concerned.

Platform – shall refer to the all managed saas environments of the Company, including any third-party services or environments, that are used to provide the Services.

Services – shall mean all the Services provided to the Users through the Platform.

Terms – shall mean this Terms of Use.

Third-Party services – shall mean any services, content, and information owned, made available, or otherwise licensed by a third party.

Users, you – shall mean all the Platform users.

Wallet – shall mean a digital wallet that is linked to the Platform by the User who owns it, and is designed to be compatible with the major Blockchain technology. It allows the User to store, send, and receive major cryptocurrencies or other digital assets on the Blockchain networks. The wallet typically consists of a private key, a public key, and an address that enables the User to access their funds or digital assets on the Blockchain networks.

  1. ABOUT DWELL.FI

Noncustodial

The Company shall provide the Users with tools that they can use in their sole discretion and does not interfere with or participate in their functioning. Noncustodial nature of our Services does not facilitate or provide brokerage, exchange, payment, escrow, remittance or merchant services.

The Company’s technology allows to use the Platform without any middlemen. Digital Assets which are introduced within the Platform ecosystem can only be retrieved by the rightful User, who, depending on the status of the particular transaction, is entitled to use such functionality of the Platform.

The Company does not ever take custody or possession of any Digital Assets which belong to the Users. The Platform facilitates real-time view of the Transactions, but neither the Company nor the Platform are custodians of any Digital Assets introduced or generated within the Platform’s ecosystem. The User understands and acknowledges that any of the functionality available on the Platform does not give the Company custody, possession of any Digital Asset introduced or generated within the Platform at any time for the purpose of facilitating Transactions on the Platform. In this respect, you acknowledge and agree that Dwell.fi is a non-custodial software provider that has developed this distributed and decentralized environment where you can autonomously and directly access the Platform by connecting your individual Wallet.

USERS WILL NOT HAVE TO FORFEIT THEIR RIGHTS TO PRIVACY IN ORDER TO PARTICIPATE IN THE PLATFORM ECOSYSTEM. 

Lack of control

All Digital Assets introduced within the Platform’s ecosystem are managed using Wallets and are subject to many risks and uncertainties. The Company neither own nor control any Blockchain,, external Wallets compatible to the Platform, your browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. The Company will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any such third parties. You understand that your Wallet public address will be publicly visible whenever you initiate or engage in any Transaction on the Platform. As the Platform which only enables the usage of particular Services, Dwell.fi cannot make any representation or guarantee that any User of the Platform will achieve any particular outcome as the result of using the Services.

Your Registration Obligations

You must be at least 18 years old and you must have full legal capacity and authority to agree and bind yourself to these Terms and to use the Platform as well as to use any available Services.

Moreover, by accepting these Terms you confirm that you are responsible for anything that occurs when anyone is using a device on which you enabled the access to the Platform through connecting your Wallet.

Modifications to the Platform 

The Company reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Dwell.fi will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

BY ACCEPTING THESE TERMS YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY AWARE THAT THE COMPANY RESERVES THE SOLE RIGHT TO DECIDE IF, WHEN AND TO WHAT EXTENT IT WILL IMPLEMENT THE SERVICES ON THE PLATFORM AND THAT YOU WILL NOT HELD ANY CLAIMS AGAINST THE COMPANY IN THIS REGARD. 

  1. Rules for using the Platform 

When using the Platform, no User is allowed to:

  • interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
  • violate any Applicable laws (i.e., local, state, national or international) or any regulations having the force of law, or which would involve proceeds of any unlawful activity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other Users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Users for any unauthorized purpose;
  • access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or Services; or
  • as well as to perform any other acts not mentioned above in violation of applicable local, state, national and international laws. Any attempt to intentionally harm Dwell.fi by any person is a violation of criminal and civil laws. Dwell.fi reserves the right to seek damages from such persons to the fullest extent permitted by law.
  1. Intellectual property rights 

The Company owns all legal rights, title, and interest in all intellectual property rights underlying the Digital Assets, including but not limited to copyrights and trademarks. As the copyright owner, the Company has, among the others, the right to reproduce, distribute, and display or perform the Digital Assets.

You acknowledge and agree that the Platform may contain Content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Dwell.fi, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or the Content, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Dwell.fi from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of Dwell.fi, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Content. Any rights not expressly granted herein are reserved by Dwell.fi.

Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Dwell.fi. Nothing in this Terms and Conditions or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dwell.fi’s trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of Dwell.fi’s trademarks will inure to our exclusive benefit.

Third Party Material

Under no circumstances will Dwell.fi be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Dwell.fi does not pre-screen content, but that Dwell.fi and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform.

Without limiting the foregoing, Dwell.fi and its designees will have the right to remove any content that violates these Terms or is deemed by Platform, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Token, including any reliance on the accuracy, completeness, or usefulness of such content.

Copyright Complaints 

Dwell.fi respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Dwell.fi of your infringement claim in accordance with the procedure set forth below.

Dwell.fi will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws of the United States with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to support@dwell.fi (Subject line: “Infringement Notice”).

  1. Risks associated with cryptography 

You accept and acknowledge each of the following risks:

  • The Digital assets represent the underlying real-world assets, and are subject to the same fluctuations in the price and volatility of real-world assets which could materially and adversely affect the value of your Digital Asset. Tokens are tangible digital assets that exist only by virtue of the ownership record maintained in the given Blockchain. All smart contracts are conducted and occur on the decentralized ledger.
  • We will not be liable to you for any losses you incur as the result of your use of the Blockchain. This includes, but is not limited to, losses, damages or claims arising from (i) user error (e.g. forgotten access information (such as private keys, seeds or mnemonics or incorrectly construed smart contracts or other transactions); (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, or other means of attack against the Platform, the Blockchain, the Wallet or any other tool connected to the Platform. We are also not responsible for losses due to Blockchain or any other features of the Blockchain and Wallets or any other tool connected to the Platform, including but not limited to late report (or no report) by developers or representatives of any issues with the Blockchain supporting the Blockchain, including forks, technical node issues or any other issues having fund losses as a result.
  • There are inherent security risks in providing information and dealing online over the internet. Dwell.fi implements appropriate technological and organizational safeguards to reduce the risk of any security breaches which could result in the accidental or unlawful destruction, loss, alteration, disclosure or access to your information. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You accept and acknowledge that Dwell.fi will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Blockchain, however caused.
  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of Dwell.fi ecosystem, and therefore, the potential utility or value of Digital Assets available on the Platform.
  • The Platform, Blockchain and Digital Assets could be impacted by one or more regulatory

inquiries or regulatory action, which could impede or limit the ability of Dwell.fi continue to develop the Platform, or which could impede or limit your ability to access or use the Platform or Blockchain, including access to your Digital Assets or other funds, and new regulations or policies may materially adversely affect the development of the Dwell.fi ecosystem.

  • You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets, and the Platform, which could result in the theft or loss of your Digital Assets. To the extent possible, it is intended to update the protocol underlying the Platform to account for any advances in cryptography and to incorporate additional security measures but does not guarantee or otherwise represent full security of the system. By using the Platform, you acknowledge these inherent risks.
  • Any use or interaction with the Platform requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of Digital Assets on the Platform does not indicate our approval or disapproval of the underlying technology regarding such type of Digital Assets and should not be used as a substitute for your own understanding of the risks specific to each type of Digital Asset. We make no warranty as to the suitability of the Digital Assets referenced on the Platform and assume no fiduciary duty in our relations with you.
  • Use of the Platform, in particular for creating, buying or selling the Digital Assets, may carry financial risk. Digital Asset are, by their nature, highly experimental, risky and volatile. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading the Digital Assets can be substantial. You should, therefore, carefully consider whether such creating, buying, or selling Digital Assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying Digital Assets. You accept all consequences of using the Platform, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Platform for performing transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.
  • You are aware of and accept the risk of operational challenges. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties. We do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Platform or the software underlying the Platform. Accordingly, you should verify all information on the Platform before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we will have no liability for such decisions.
  1. Data Privacy 

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions we take with respect to the information you provide and our collection and use of your personal information as set forth in our Privacy Policy. Our Privacy Policy also details your rights with respect to where you are located. By using the Platform, you consent to our collection and use of personal data as outlined therein.

  1. Third-Party services 

The Services may include Third-Party services or contain links to Third Party Services. You understand that Third-Party services are the responsibility of the third party that created or provided it and acknowledges that the use of such Third-Party services is solely at your own risk.

Dwell.fi makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third-Party services, including its accuracy or completeness.

All intellectual property rights in and to Third-Party services are the property of the respective third parties.

  1.  Prohibited Uses 

Prior to your use of the Services and on an ongoing basis you represent, warrant, and agree that:

You are not located in or you are not a resident of any jurisdiction in which it is prohibited to use the Services, and therefore, you are not permitted to make use of the Services.

KYC and AML Policy 

Dwell.fi expressly prohibits and rejects the use of the Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various Applicable laws, regulations and norms. To that end, the Services are not offered to individuals or entities on any PEP lists, or subject to any United States, European Union or other global sanctions or watch lists. By using the Service, you represent that you are not on any such lists.

ALL USERS ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT DWELL.FI MAY REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. 

Dwell.fi will maintain a stance of cooperation with law enforcement authorities globally and will not hesitate to terminate Users’ access to the Platform on the basis of the legal mandate, if it is technically possible.

  1. Other Legal Terms 

You agree to release, indemnify and hold Indemnitees harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, your connection to the Platform, your violation of these Terms or your violation of any rights of another.

Disclaimer of Warranties

Transactions on the Platform, including but not limited to the presale, token generation event, acceptances, and other operations utilize experimental smart contract and Blockchain, including fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Blockchain, as well as of its forks, which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Tokens, or lost opportunities to buy or sell Tokens.

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DWELL.FI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. 

DWELL.FI MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS. 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DWELL.FI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY DIGITAL ASSET, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DWELL.FI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS RESULTING FROM ANY DIGITAL ASSET, GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL DWELL.FI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DWELL.FI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM. 

Termination Rights

You agree that Dwell.fi, in its sole discretion, may suspend or terminate use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Dwell.fi may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of access to the Platform under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Dwell.fi may immediately deactivate or delete your files related to the Services. Further, you agree that Dwell.fi will not be liable to you or any third party for any termination of your access to the Platform.

We do not get involved with User disputes. You agree that you are solely responsible for your interactions with any other Users in connection with the Platform and Dwell.fi will have no liability or responsibility with respect thereto. Dwell.fi reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.

Legal Disputes

Any claim, dispute or matter arising under or in connection with these Terms shall be governed and construed in all respects by the laws of California. You agree that any action at law or in equity arising out of or relating to these Terms not subject to mediation, will be filed only in California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Mediation

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO MEDIATION DISPUTES WITH DWELL.FI AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Dwell.fi agree to mediation any dispute arising from these Terms or relating to the Platform, except that you and Dwell.fi are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. You and Dwell.fi agree that you will notify each other of any dispute within fourteen (14) days of when it arises, and that mediation will be conducted confidentially by a single mediator. You also agree not to participate in claims brought in as private attorney general or representative capacity, or consolidated claims involving another person, if Dwell.fi is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from the Terms and the remaining obligations relating to arbitration shall continue in full force and effect.

General Legal Terms

These Terms constitute the entire agreement between you and Dwell.fi and govern your use of the Platform, superseding any prior agreements between you and Dwell.fi with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms will be governed by the laws of California without regard to its conflict of law provisions. With respect to any disputes or claims you and Dwell.fi agree to submit to the court of California.

The failure of Dwell.fi to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign this Terms without the prior written consent of Dwell.fi, but Dwell.fi may assign or transfer this Terms, in whole or in part, without any restriction at any time.

The section titles in these Terms are for convenience only and have no legal or contractual effect. The Platform may provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Platform.

  1. No Financial and Legal Advice 

The Company is merely a technology platform and we are not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using or participating on the Platform. No communication or information provided to you by the Company is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services and transactions will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any services are suitable and match your interests according to your judgement, objectives, circumstances and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.

Before executing any transaction you should consult with your independent financial, legal, or tax professionals. The Company will not be liable for the decisions you make through the Platform.

  1. Severability 

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Last updated on: February 1, 2024