Sanko Terms of Use
Last Updated: 08/28/2024
Please review these Terms of Use (“Terms”) carefully, as they set forth the legally binding terms and conditions that govern your use of our website located at https://www.sanko.xyz/ (“Website”), access to our website-hosted user interfaces located at https://sanko.xyz/bridge, https://tools.sanko.xyz, https://swap.sanko.xyz, https://sanko.pet, https://app.camelot/exchange, https://sudoswap.xyz/#/sanko, https://mainnet.sanko.xyz/ (the “Apps”), including related trademarks, software code, and other intellectual property, and our Platform (defined below) (together, the “Platform”). These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Platform.
The Platform is a copyrighted work belonging to Sanko Development DAO Foundation (“Sanko,” “Company,” “us,” “our,” and “we”), a Cayman Islands foundation. Your submission of information, including personally identifiable information or personal data (“Personal Data”), through or in connection with the Platform is governed by the terms of our privacy policy as updated from time to time, available at https://LINK (“Privacy Policy”). All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these Terms.
* * *
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM. BY CLICKING “I AGREE” TO THESE TERMS OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), INCLUDING, WITHOUT LIMITATION, THE MANDATORY ARBITRATION PROVISION IN SECTION 17. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
* * *
Please carefully review the disclosures and disclaimers set forth in Section 15 in their entirety before using any software initially developed by Sanko. The information in Section 15 provides important details about the legal obligations associated with your use of the Platform.
Description of the Platform
The Platform is a non-custodial, peer-to-peer platform that allows users to automate certain transactions and access various Apps and data by utilizing Sanko’s algorithms, smart contracts and customizing parameters. While Sanko has admin control and is the creator of the Platform, Sanko does not and cannot take custody of digital assets which you trade or send utilizing the tools available on the Platform.
In order to use certain features of the Platform, you must connect an Ethereum network address to the Platform utilizing browser-based wallet software (“Wallet”). You represent and warrant you are the exclusive owner and controller of the network address generated by the Wallet. You are responsible for maintaining the confidentiality of any financial information related to your network address and Wallet.
You may sign out of the Platform by disconnecting your Wallet at any time, for any reason. You can do this by going onto the App, clicking “Connect to a wallet” and “Disconnect”.
Sanko Apps
Sanko Bridge and Interface.
Using the Sanko Bridge App, you may transfer, or “bridge”, a token to another network or protocol (“Bridged Network”), and vice versa using the Sanko Bridge interface (“Bridge Interface”). The Bridge Interface is a graphical user interface allowing users to interact with certain bridge smart contracts, but the Bridge Interface is not required to interact with those underlying smart contracts comprising the bridge (the “Bridge”) or the Bridged Network.
Bridging is performed through the utilization of smart contract applications provided by a third party, Arbitrum. These smart contracts constitute the Bridge, and they work by allowing a user to deposit tokens on a certain network and receive on the Bridged Network a version of the same token that is native to the Bridged Network, and vice-versa.
The Bridge may not be the exclusive means of accessing the Bridged Network, as there may be alternative bridges relying on different smart contracts and interfaces deployed by third parties which support the bridging of similar digital assets. While use of the Bridge Interface would result in access to the Bridge, the Bridge may also be accessed directly using these other third-party interfaces or even through command line instructions.
[The Sanko Bridge may impose a volume limitation of tokens flowing into and out of the Bridged Network. All users of the Sanko Bridge may be subject to the limitation, which may impact the time it takes you to bridge in or out of the Bridged Network while using the Sanko Bridge. That volume limitation may or may not be disclosed on the Platform. The volume limitation is a security measure to limit harm in the event of a malicious third party-act, and it may be changed without notice. Additionally, you acknowledge the risk that the volume limitation may not be technically effective, or may even be compromised. You accept the risk that it will not function as intended and assume any losses, direct, indirect, or consequential, stemming from the volume limitations.]
Sanko Tools. Sanko Tools is a block explorer for the various Apps, smart contracts and digital assets within the Sanko ecosystem.
Sanko Swap. Sanko Swap is a front-end user interface that provides access to smart contracts and liquidity pools comprising the third party decentralized exchange, Camelot (“Camelot”). The Sanko Swap interface is not required to interact with Camelot. Sanko Swap may not be the exclusive means of accessing Camelot, as there may be alternative interfaces deployed by third parties which support the access to Camelot. While use of Sanko Swap would result in access to Camelot, Camelot may also be accessed directly using these other third-party interfaces or even through command line instructions.
Sanko Pets. Sanko Pets is an application for hatching, raising and swapping digital pets on Sanko.
Use of the Platform
As a condition to accessing or using the Platform, you represent and warrant to Sanko the following:
if you are entering into these Terms as an individual, then you are at least 18 years old or of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
you are the exclusive beneficial and/or legal owner of any digital asset used or to be used for the purchase or sale of any digital asset on the Platform;
you are not a resident, national, or agent of Cuba, Iran, North Korea, Russia, Ukraine regions – Crimea, Donetsk and Luhansk, Venezuela or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
you have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State (collectively, “Sanctions Lists Persons”); and you will not use our Platform to conduct any illegal or illicit activity;
you do not intend to transact with any Restricted Person or Sanctions Lists Person;
you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Platform; and
your access to the Platform is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Sanko, you, the Platform, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity.
As a condition to accessing or using the Platform, you acknowledge, understand, and agree to the following:
from time to time, any part of the Platform may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Sanko or any of its suppliers or contractors may undertake from time to time; (c) causes beyond Sanko’s control or that Sanko could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
we reserve the right to disable or modify access any part of the Platform at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Platform being inaccessible to you at any time or for any reason;
the Platform may evolve, which means Sanko may apply changes, replace, or discontinue (temporarily or permanently) any part of the Platform at any time in its sole discretion;
the pricing information provided on the Platform does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Sanko;
Sanko does not act as an agent for you or any other user of the Platform;
you are solely responsible for your use of the Platform, including all of your transfers of digital assets;
to the fullest not prohibited by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
you are solely responsible for reporting and paying any taxes applicable to your use of the Platform; and
we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in digital assets using the Platform, then you bear the entire risk.
Fees and Price Estimates
In connection with your use of the Apps, you are required to pay all fees necessary for interacting with the Ethereum blockchain, including “gas” fees, as well as all other fees reflected on the Apps. The value of the gas fee changes, often unpredictably, and is entirely outside of the control of Sanko. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the Apps and interact with the Ethereum blockchain. You acknowledge that under no circumstances will a transaction be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the gas fee for the given transaction was unknown, too high, or otherwise unacceptable to a user. You also acknowledge and agree that the gas fee is non-refundable under all circumstances.
No Professional Advice or Fiduciary Duties
All information provided in connection with your access and use of the Platform is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Website or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the Platform, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
Prohibited Activity
You may not use the Platform to engage in the categories of activity set forth below (“Prohibited Uses”). The specific activities set forth below are representative, but not exhaustive, of Prohibited Uses. By using the Platform, you confirm that you will not use the Platform to do any of the following:
violate any Applicable Laws including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as, without limitation, the Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls;
engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Law, including but not limited to use of Sanko’s intellectual property, name, or logo, including use of Sanko’s trade or service marks, without express consent from Sanko or in a manner that otherwise harms Sanko; any action that implies an untrue endorsement by or affiliation with Sanko;
use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any manner;
circumvent any content-filtering techniques, security measures or access controls that Sanko employs on the Platform, including, without limitation, through the use of a VPN;
use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Platform or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Platform;
provide false, inaccurate, or misleading information while using the Platform or engage in activity that operates to defraud Sanko, other users of the Platform, or any other person;
use or access the Platform to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
use the Platform in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
use the Platform from a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Platform is prohibited;
harass, abuse, or harm of another person or entity, including Sanko’s employees and service providers;
impersonate another user of the Platform or otherwise misrepresent yourself; or
encourage, induce or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 5 or any other provision of these Terms.
Proprietary Rights
Subject to these Terms, Sanko grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform for your own personal and noncommercial use.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Website; (b) you shall not (directly or indirectly) modify, decipher, disassemble, reverse compile or reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; (d) translate, or otherwise create derivative works of any part of the Website; (e) rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; (f) frame or mirror any part of the Platform without Sanko’s express prior written consent; (g) create a database by systematically downloading and storing Website content; (h) use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, harvest, index, “scrape,” “data mine” or in any way gather Website or reproduce or circumvent the navigational structure or presentation of the Website without Sanko’s express prior written consent and (i) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms.
Sanko reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Sanko will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform, or any part thereof.
You acknowledge and agree that Sanko will have no obligation to provide you with any support or maintenance in connection with the Platform.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by Sanko. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Sanko and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
The Platform does not take custody of any of your assets, and as such is “self-custodial” or “non-custodial.” When you deposit digital assets into any smart contract initially developed by Sanko, you are not depositing funds with Sanko, and you retain control over those digital assets at all times. The private key associated with the Ethereum network address from which you transfer digital assets is the only private key that can be used to control the digital assets you transfer into any aforementioned smart contracts. In some cases, you may only be able to withdraw digital assets from any smart contract initially developed by Sanko to the Ethereum network address from which you initially deposited the digital assets.
Third-Party Links
The Website may provide links to other World Wide Web or accessible sites, applications, or resources. You acknowledge and agree that Sanko is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sanko 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 site or resource.
Modification, Suspension, and Termination
We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Platform, in whole or in part, for any reason whatsoever.
You acknowledge and agree that Sanko will have no obligation to provide you with any support or maintenance in connection with the Platform.
Upon termination of your access, your right to use the Platform will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to the Platform or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Platform.
Subject to this Section, these Terms will remain in full force and effect while you use or access the Platform. We may suspend or terminate your rights to use or access the Platform at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Platform will terminate immediately. The following sections of these Terms will survive any termination of your access to the Platform, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 6 through 17.
Accuracy of Information
We attempt to ensure that the information that we provide on the Platform is complete, accurate and current. Despite our efforts, the information on the Platform may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Platform.
Digital Millennium Copyright Notice
Sanko respects the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Platform who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users, through the use of our Platform, is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our Platform that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) ("DMCA"), Sanko’s designated copyright agent for notice of claims of copyrights infringement can be contacted at the addresses below.
Designated Agent for Claimed Infringement: [insert]
Sanko DAO Development Foundation
Postal Address: [insert]
E-mail address: [insert]
You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Platform without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Please note that this procedure is exclusively for notifying Sanko and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to [EMAIL]. Sanko may, in its sole discretion, delete the infringing material and any posts made by those who are accused of copyright infringement or other intellectual property rights.
Assumption of Risks
By accessing or using the Platform in any way, you represent and warrant that you understand:
that bridging is an extremely novel technical area and is subject to material risks which may lead to total loss of user assets. All bridges, including the Sanko Bridge, involve the use of smart contracts that are subject to many known and unknown risks, including smart contract exploits of the actual smart contract code to produce outcomes different than those the Sanko Bridge was designed to achieve, and cyberattacks intended to gain unauthorized control of the smart contracts or associated systems.
that you accept all risks associated with using the Bridge Interface and Sanko Swap (“Sanko Interfaces”). All interfaces, including the Sanko Interfaces, are subject to many known and unknown risks. You are not required to use the Sanko Interfaces, nor are we advising you in any way to use them. Each interface is subject to many risks, including the interface domain becoming compromised, and you interact with interfaces, including the Sanko Interfaces, at your own risk.
that Sanko will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, however caused. Sanko takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Platform including, but not limited to, any losses, damages or claims arising from:
passwords being "Bruteforced",
server failure or data loss,
forgotten passwords,
corrupted wallet files,
incorrectly constructed transactions or mistyped Ethereum addresses; or
unauthorized access to mobile applications,
“phishing," viruses, third-party attacks or any other unauthorized third-party activities.
the inherent risks associated with cryptographic systems and blockchain-based networks; digital assets, including the usage and intricacies of native digital assets, like ETH; smart contract-based tokens, such as those that follow the Ethereum Token Standard; and systems that interact with blockchain-based networks. Sanko does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it.
(i) that Sanko is not responsible for the operation of the software and networks underlying the Platform, (ii) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (iii) that the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Platform.
that blockchain networks use public/private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the Ethereum blockchain or other blockchain-based network. Neither Sanko nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the digital assets that you may hold.
the Platform and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Sanko to continue to make available any portion(s) of the Platform which rely on any Sanko proprietary software and, thus, could impede or limit your ability to access or use the Platform.
that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the Platform, and could result in the theft or loss of your digital assets. To the extent possible, we intend to update the smart contracts related to the Platform to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements. We may also freeze the platform in the event of a critical security problem, but this does not guarantee or otherwise ensure full security of the Platform.
that the Ethereum blockchain remains under development, which creates technological and security risks when using the Platform in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the Ethereum blockchain is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain, which may result in price fluctuations or increased costs when using the Platform.
that the Platform is subject to flaws and that you are solely responsible for evaluating any code provided by the Platform. This warning and others Sanko provides in these Terms is in no way evidence of, and nor does it represent an on-going duty to alert you to all of the potential risks of using or accessing the Platform.
that although we intend to provide accurate and timely information on the Platform, the Platform and other information available when using the Platform may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the Platform. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.
that any use or interaction with the Platform requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the Platform does not indicate our approval or disapproval of the technology on which the digital asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of digital asset.
that transactions entered into in connection with the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.
that you have been, are, and will be solely responsible for making your 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 evaluation of the merits and risks of any transaction conducted in connection with the Platform or any digital asset. 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, your use of the Platform for performing digital asset transactions.
That we must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests.
You hereby acknowledge and agree that Sanko will have no responsibility or liability for, the risks set forth in this Section 12. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Sanko, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section 12.
Personal Data
Consent to access, processing and storage of your personal data. You consent to us accessing, processing and retaining any Personal Data you provide to us when accessing our Platform. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your Personal Data for other purposes. Please see our Privacy Policy, which is incorporated herein by reference and available here at LINK for further information about how we process your Personal Data, and the rights you have in respect of this.
Indemnification
You will defend, indemnify, and hold harmless Sanko, its affiliates, and its and its affiliates’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Platform; (b) digital assets associated with your Ethereum address; (c) any feedback or user content you provide to Sanko, if any, concerning the Platform; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Sanko (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Sanko wishes to settle, and if so, on what terms, and you agree to corporate with Sanko in the defense.
Disclosures; Disclaimers
Sanko does not operate a digital asset or derivatives exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning your transactions using the Platform. All transactions between users of open-source software initially developed by Sanko are executed peer-to-peer directly between the users’ Ethereum addresses through a smart contract. You are responsible for complying with all Applicable Laws that govern your use of the Platform, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”) and all foreign Applicable Laws.
Digital assets currently face an uncertain regulatory landscape in the United States and many foreign jurisdictions. In the U.S., digital assets are subject to varying levels of federal regulatory oversight and may be regulated by one or more state regulatory bodies. In addition, many digital asset derivatives are regulated by the CFTC, and the SEC has cautioned that many initial coin offerings are likely to fall within the definition of a security and subject to U.S. securities laws. One or more jurisdictions may, in the future, adopt laws, regulations or directives that affect digital asset networks and their users. Such laws, regulations or directives may impact the price of digital assets and their acceptance by users, merchants and service providers.
You understand that Sanko is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the open-source software. The Platform and the open-source software initially developed by Sanko do not constitute advice or a recommendation concerning any commodity, security, or other digital asset or instrument. Sanko is not acting as an investment adviser or commodity trading adviser to any person or entity, nor is it registered with the SEC as either a broker-dealer or investment adviser.
Sanko does not own or control the underlying software protocols that are used in connection with the Platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. Sanko is not responsible for the operation of the underlying protocols, and Sanko makes no guarantee of their functionality, security, or availability.
Sanko shall not be responsible in any way for any transactions you enter into with other users. You agree that Sanko will not be liable for any loss or damages of any sort incurred as the result of any interactions between you and other users.
You acknowledge that your data on the Platform may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.
The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which you reside.
THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND SANKO (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SANKO DOES NOT ENDORSE ANY OTHER THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT SANKO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SANKO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAY IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF SANKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF PLATFORM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Dispute Resolution & Arbitration
Please read this Arbitration Agreement carefully. It is part of your contract with Sanko and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) between Sanko and any user that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Sanko, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Sanko made to you prior to the initiation of arbitration, Sanko will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Sanko, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Sanko.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND SANKO IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Small Claims Court. Notwithstanding the foregoing, either you or Sanko may bring an individual action in small claims court.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the Cayman Islands, for such purpose.
Governing Law
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Platform, will be governed by and construed and enforced under the laws of the Cayman Islands, as applicable, without regard to conflict of law rules or principles (whether of the Cayman Islands or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the courts located in Cayman Islands will have exclusive jurisdiction. You waive any objection to venue in any such courts.
General Information
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective one (1) day following the earlier of our dispatch of an e-mail notice to you (if applicable) or one (1) day following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website and App. Continued use of our Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms or the use of the Platform. You agree that we may provide our Communications to you by posting them on the Website or by emailing them to you at the email address you provide in connection with using the Platform, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact us with questions, complaints, or claims concerning the Platform at [EMAIL], our Discord channel at [DISCORD], or Telegram at [TELEGRAM].
Any right or remedy of Sanko set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of Sanko in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
We will have no responsibility or liability for any failure or delay in performance of the Platform, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Platform, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
These Terms contain the entire agreement between you and Sanko, and supersede all prior and contemporaneous understandings between the parties regarding the Platform.
In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to the Agreement other than the Indemnified Parties.
A waiver by Sanko of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Sanko and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
Copyright © 2024 Sanko Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
For any questions, comments, or feedback, you may contact us via email at info@sanko.xyz.
Last updated