Terms of Use

Date Last Updated: 07.02.2025

Please review these Terms of Use of Javsphere (the “Terms”) carefully, as they set forth legally binding terms and conditions between you and the Company that govern your undertaking of Javsphere Activities (as defined below) and your access and/or use of the Javsphere Smart Contracts (as defined below); including related trademarks, and other intellectual property, whether such access and/or use is via (i) the website located at https://app.javsphere.com/ (“Javsphere Website”) (“Javsphere Website Access”); (ii) the website located at https://app.leveragex.trade/ (“LeverageX Website”) (“LeverageX Website Access”) (Javsphere Website Access and LeverageX Website Access, collectively, “Website Access”) or (iii) command line, locally installed programs, Software Development Kits, software code and blockchain and smart contract explorers (collectively “Direct Access”).

For purposes of these Terms, the Javsphere Website, LeverageX Website (Javsphere Website and LeverageX Website, collectively, “Websites”) and Javsphere Smart Contracts (as defined below) shall be collectively referred to as “Javsphere”.

By accessing and/or using Javsphere (including connecting a wallet address controlled by you to Javsphere Smart Contracts (as defined below) in connection with such access and/or use), you (“you” or the “User”) agree to these Terms on behalf of yourself and any entity you represent, and you represent and warrant that you have the right and authority to do so.

Javsphere is offered and available only to individuals who are at least 18 years of age or the age of majority in their jurisdiction of residence, whichever is greater, and possess full legal capacity to enter into binding contracts whether for himself/herself or for entities which they represent.

Javsphere (which includes the Websites and the Javsphere Smart Contracts (as defined below)) are not intended for (a) access and/or use by Excluded Persons (as defined below); or (b) access and/or use by any person or entity in, or accessing or using Javsphere from, an Excluded Jurisdiction.

Accordingly, Excluded Persons (as defined below) should not access and/or use Javsphere (which includes the Websites and the Javsphere Smart Contracts (as defined below)).

The Website is owned and operated by Zero to Three Inc. (“Company” or “us”), an entity formed under the laws of the British Virgin Islands and the Javsphere Smart Contracts (as defined below) are copyrighted works belonging to the Company and/or its Affiliate(s) (each of User and Company, a “Party”, and collectively, the “Parties”).

You acknowledge that you will be deemed to have accepted these Terms by accessing and/or using Javsphere – whether by Website Access or Direct Access.

Company reserves the sole right to change these Terms from time to time. The “Date Last Updated” specified on these Terms indicates the date on which the Terms were last changed. You will be notified of those changes and given the opportunity to review and accept the updated Terms when you next access and/or use Javsphere. Your acceptance of and/or your continued access and/or use of Javsphere following notice of the updated Terms will indicate your acknowledgement of and agreement to be bound by the updated Terms.

Overview of Javsphere
1. Javsphere has been developed by Company to enable Users to undertake any one or more of the following (“Javsphere Activities”):
  1. access to products developed as part of the Javsphere ecosystem and information relating thereto, via the Websites;
  2. LeverageX Trading: User (such User, “Trader”) can deposit sufficient approved assets as collateral (“Collateral Assets”) in order to conduct peer-to-peer leverage trades (“LeverageX Trades” or “LeverageX Trading”) of synthetic digital assets supported by Javsphere (“LeverageX Trading Supported Tokens”) on the Base Chain and such other blockchains as the Javsphere Smart Contract(s) may be deployed from time to time (collectively, “Javsphere Supported Chains”), as further described at Section 2.1 below;
  3. Liquidity Provision: User (such User, “Liquidity Provider”) can provide liquidity for LeverageX Trades (“Liquidity Provision”) by:
    depositing such amount of Coinbase Wrapped Bitcoin (cbBTC), Wrapped Ether (wETH), USD Coin (USDC) and/or such other digital assets as may be supported by Javsphere from time to time (“LeverageX Supported Liquidity Tokens”) (such deposited LeverageX Supported Liquidity Tokens, collectively, “Deposited Liquidity Tokens”) into a Javsphere Smart Contracts address designated by Javsphere as the “LeverageX Liquidity Pool”, as further described at Section 2.2 below; and
    in return, mint such amount of fungible cryptographic tokens known as “LLP Tokens” (as defined below) representing the proportion of Deposited Liquidity Tokens contributed by such User (“Contributed Proportion”) to the LeverageX Liquidity Pool, which LLP Tokens may be burned in order for such User to redeem (“Redemption”) such amount of Deposited Liquidity Tokens corresponding to such User’s Contributed Proportion of the Deposited Liquidity Tokens comprising the LeverageX Liquidity Pool at the prevailing time, denominated in the same asset-type as the Deposited Liquidity Tokens initially contributed by such User. Further details of the Redemption process are set out at Section 2.2 below;
  4. StakeX: Users can Stake (as defined below) their JAV Tokens (and/or such other digital assets as may be supported by Javsphere from time to time) (“Staked Tokens”) with Javsphere in order to obtain potential rewards (“Staking Rewards”) in the form of additional JAV Tokens , in accordance with the procedures for the “StakeX” feature further described at Section 2.3 below. User’s Staked Tokens can be withdrawn at any time. For purposes hereof, the term “Stake” involves a transfer of tokens to a designated Javsphere Smart Contracts address and thereafter not transferring such tokens from that designated address, and the term “Staking” shall be construed accordingly;
  5. CryoVault: User can deposit their JAV Tokens into a Javsphere Smart Contracts address designated by Javsphere as the “CryoVault” and leave such JAV Tokens deposited for a specified period of time (such period of time, “CryoVault Freezing Period”) (“CryoVault Freezing”), and in return, obtain potential rewards (“CryoVault Rewards”) in the form of additional JAV Tokens, in accordance with the procedures for the “CryoVault” feature further described at Section 2.4 below;
  6. Governance: User (being an Eligible JAV Tokenholder, as defined at Section 2.5 below) can participate in Javsphere’s governance matters (“Governance Participation”), including voting on key changes and initiatives affecting Javsphere (“Governance Voting”), in accordance with the “Governance” feature accessible via the Websites as further described at Section 2.5 below; and
  7. participate in trading competitions as may be organised by the Company and/or its Affiliate(s) from time to time, in accordance with such terms and requirements set out in the Javsphere Documentation.
2. Javsphere enables Users to undertake Javsphere Activities through the use of smart contracts comprising computer code written based on various blockchain standards and programming languages (collectively, “Javsphere Smart Contracts”), developed by Company and/or its Affiliate(s) (as defined below).
3. For purposes of these Terms:
  1. “Affiliates” of an entity means the owners, directors, officers, employees, advisors, agents of such entity and companies in which such entity has an interest;
  2. “Base Chain” means the Ethereum layer-2 network as described at https://docs.base.org/docs/;
  3. “Collateral Assets” means sufficient approved digital assets deposited by a User in a Javsphere Smart Contracts address designated by Javsphere for receipt of collateral in relation to LeverageX Trades, enabling such User to open a LeverageX Trading position;
  4. “JAV Tokens” means the fungible cryptographic tokens associated with Javsphere, as set out in greater detail in the Javsphere Documentation;
  5. “Javsphere Documentation” means the document repository in relation to Javsphere accessible at https://docs.javsphere.com/; and
  6. “Third-Party Oracles” means the Pyth Network oracle protocol (as further described at https://docs.pyth.network/home) and such other third-party pricing oracle(s) as may be utilised by Javsphere from time to time, through which the Javsphere Smart Contracts obtain pricing data in relation to the LeverageX Trading Supported Tokens and the Represented Assets.
4. Website Access.
  1. The Websites are user interfaces designed by the Company and/or its Affiliate(s) to facilitate use of the Javsphere Smart Contracts, although the Javsphere Smart Contracts are also accessible / can be used via Direct Access. The Websites aggregate and publish information that is publicly available, including:
    the prevailing state of the Javsphere Supported Chains (which are third-party blockchain networks not within the control of the Company);
    the prevailing state of the Javsphere Smart Contracts;
    the amount of LeverageX Supported Liquidity Tokens that have been deposited in the LeverageX Liquidity Pool as Deposited Liquidity Tokens, and the actual or projected amount of fees awarded to Liquidity Providers;
    the prices of LeverageX Trading Supported Tokens as obtained through the Third-Party Oracles; and
    historical data relating to LeverageX Trades.
  2. Company and/or its Affiliates may modify or discontinue support for one or more of the Websites at any time, in its sole discretion.
  3. You are hereby granted a non-exclusive, non-transferable, revocable, limited licence to electronically access and use the Websites in the manner described in these Terms. You do not have the right, and nothing in these Terms shall be construed as granting you the right, to sub-license any rights in connection with the access and/or use of the Websites. Company may revoke or terminate this licence at any time if you use, or attempt to use, the Websites in a manner prohibited by these Terms, or if your rights under these Terms are terminated pursuant to Section 6.
  4. The Websites allows a User to read and display data associated with any Javsphere Supported Chain-compatible wallet address (“Compatible Wallet”) for which such User controls the associated private key and uses to interact with the Javsphere Smart Contracts by generating standardised transaction messages, allowing such User to independently undertake a Javsphere Activity and/or a Javsphere Transaction – including conducting LeverageX Trades, Liquidity Provision, Redemption, Staking, CryoVault Freezing and Governance Participation.
  5. Neither the Company nor its Affiliate(s) is capable of interacting with the Javsphere Smart Contracts to undertake any Javsphere Activity and/or Javsphere Transaction (whether directly or indirectly) on your behalf.
  6. In order to access and/or use Javsphere via the Websites, a User must first connect a Compatible Wallet. User’s relationship with the third-party provider of such Compatible Wallet shall be governed by the terms of service applicable to the use of such Compatible Wallet, as may be imposed by such third-party provider of such Compatible Wallet from time to time. The Company and its Affiliates do not have custody or control over any Compatible Wallet which you connect to the Websites, the private key associated with any such Compatible Wallet and/or the assets you hold using any such Compatible Wallet, and have no ability to retrieve or transfer any such assets. Notwithstanding any connection by you of Compatible Wallets to the Websites, you acknowledge and agree that the connection of such Compatible Wallets does not imply or otherwise suggest any endorsement or recommendation of any such Compatible Wallets by or on behalf of the Company and/or its Affiliates. You assume all responsibility for selecting and evaluating and shall bear all risks of any bugs, defects, malfunctions or interruptions of any third-party wallet applications or devices you directly or indirectly use in connection with Javsphere (which includes the Websites).
5. Direct Access. With the necessary technical expertise, it is possible for a User to generate transaction messages to interact with the Javsphere Smart Contracts via Direct Access directly without use of the Website(s). Company is not involved in and has no oversight of any Direct Access and expressly disclaims all responsibility, and User acknowledges that Company and its Affiliates shall have no responsibility for any loss occasioned to a User by or attributable to Direct Access.
6. Javsphere Smart Contracts.
  1. Company has developed and deployed (“Deployment”) the Javsphere Smart Contracts.
  2. The Javsphere Smart Contracts and its source code are maintained and modifiable by the Company (and/or its Affiliates). You agree that your right to access and/or use the Javsphere Smart Contracts is subject to these Terms. You further agree that you shall not acquire and/or own any legal right, title and/or interest in the Javsphere Smart Contracts or any intellectual property rights associated thereto. You acknowledge and agree that the Websites and all intellectual property rights associated thereto, including but not limited to all information, software, text, displays, images, video and audio, design, selection and arrangement thereof), are wholly owned by the Company (and/or its Affiliates), its licensors or other providers of such material in accordance with applicable copyright, trademark, patent, designs and other intellectual property rights laws.
  3. All transactions carried out by User using the Javsphere Smart Contracts are effected and recorded solely through the interactions of such User with the respective validators of the Javsphere Supported Chain on which such transactions are conducted, whom are not under the control of or affiliated with the Company and/or its Affiliates.
7. Transaction Fees.
  1. A transaction fee (“Transaction Fee”) shall be chargeable to a User for each Javsphere-related transaction (“Javsphere Transaction”) initiated through the Javsphere Smart Contracts – whether conducting LeverageX Trades, Liquidity Provision, Redemption, Staking or CryoVault Freezing. Such Transaction Fees are separate and distinct from any other amount(s) payable in the execution of specific transactions via the Javsphere Smart Contracts, if any, and may include (but are not limited to) the following:
    network fees for each transaction executed on the Base Chain or such other Javsphere Supported Chain;
    fees applicable to LeverageX Trades, including opening fees and closing fees for the initiation and closing of each LeverageX Trade, respectively, fees payable to the LeverageX Liquidity Pool and liquidation fees (“Liquidation Fee”) in the event of Liquidation (as defined below) of a User’s Collateral Assets;
    fees applicable to the Staking of JAV Tokens (collectively, “Staking Fees”), including deposit fees at the time of Staking and withdrawal fees at the time of withdrawing Staked JAV Tokens and any Staking Rewards; and
    fees applicable to CryoVault Freezing of JAV Tokens (collectively, “CryoVault Fees”), including deposit fees at the time of effecting CryoVault Freezing and withdrawal fees at the time of withdrawing JAV Tokens subject of CryoVault Freezing and any CryoVault Rewards.
  2. The Transaction Fee for a specific Javsphere Transaction will be displayed to Users during the initiation of such Javsphere Transaction and must be accepted by a User before executing such Javsphere Transaction.
  3. A User hereby consents to such fees being debited from such User’s Compatible Wallet that such User connects to the Javsphere Website and/or Javsphere Smart Contracts for purposes of effecting a Javsphere Transaction, at the time such Javsphere Transaction is processed. Similar transaction fees may also be levied on Users accessing and using the Javsphere Smart Contracts via Direct Access.
  4. Such Transaction Fees may be subject to variation through on-chain governance with such variation implemented by Company via variations to the Javsphere Smart Contracts.
Using Javsphere
1. LeverageX Trading:
  1. LeverageX Trading Supported Tokens are purely synthetic representations of such cryptocurrencies, foreign currencies, commodities and such other assets as may be supported by Javsphere from time to time (collectively, “Represented Assets”) that, through price indexing obtained through the Third-Party Oracles, are simulated via the Javsphere Smart Contracts. The Represented Assets supported by Javsphere from time to time are set out in further detail in the Javsphere Documentation.
  2. Represented Assets are not purchased, sold, traded, owned, held or otherwise dealt in through Javsphere, and LeverageX Trading Supported Tokens do not entitle any User to obtain or have any ownership or any other interest in or entitlement to any Represented Asset.
  3. Provided that a User deposits sufficient approved Collateral Assets, a User can open a LeverageX Trade, specifying the type of LeverageX Trading Supported Token subject of such LeverageX Trade, User’s desired leverage ratio and the parameters of such LeverageX Trade, as further described in the Javsphere Documentation, in particular, at https://docs.javsphere.com/products/leveragex/trader/open-trade.
  4. A User who has an open LeverageX Trading position can modify the parameters of such LeverageX Trade or close such LeverageX Trading position (subject to Section 2.1(e) below), as further described at https://docs.javsphere.com/products/leveragex/trader/edit-and-close-trade, provided that the Collateral Assets deposited by such User in respect of such LeverageX Trade has not been subject of Liquidation (as defined below).
  5. At the time of closing a LeverageX Trading position, the Javsphere Smart Contract(s) may enable LeverageX Trading Supported Tokens subject of LeverageX Trades to be redeemed for Deposited Liquidity Tokens that have been deposited by Liquidity Providers in the LeverageX Liquidity Pool, where such Deposited Liquidity Tokens subject of redemption by User shall be denominated in the same asset-type as the Collateral Assets deposited by such User at the time of opening such LeverageX Trading position (in this Section 2.1, “Relevant Collateral Assets”). In the event a User initiates closure of a LeverageX Trading position, such LeverageX Trading position may only be closed by User at such time when there are sufficient Deposited Liquidity Tokens of the same asset-type as the Relevant Collateral Assets in the LeverageX Liquidity Pool for the settlement of such LeverageX Trade.
  6. In the event a User’s LeverageX Trading position is under-collateralised pursuant to the applicable liquidation threshold as further described under the heading “Liquidation Thresholds” at https://docs.javsphere.com/products/leveragex/fees-and-spread, the Collateral Assets deposited by such User in respect of such LeverageX Trade (or any part thereof) may be subject of liquidation (“Liquidation”) facilitated by a designated Javsphere Smart Contract and such User’s LeverageX Trading position shall be closed.
  7. In the event of Liquidation of a User’s deposited Collateral Assets (such Collateral Assets subject of Liquidation, referred to in this Section 2.1(g) as “Relevant Collateral Assets”), the Relevant Collateral Assets less applicable liquidation fees, will be transferred to the LeverageX Liquidity Pool.
  8. By initiating a LeverageX Trade, you acknowledge and accept that no notice shall be required to be given to you prior to any Liquidation, which is facilitated by pre-configured Javsphere Smart Contract(s) designated to identify under-collateralised LeverageX Trading positions of Users.
  9. A User accessing and/or using Javsphere to conduct LeverageX Trades:
    is deemed to have read and understood the Javsphere Documentation; and
    acknowledges and accepts all risks and fees payable by such User in connection with LeverageX Trading and/or all risks and fees in the event of any Liquidation as set out in these Terms and the Javsphere Documentation, including but not limited to:
    the risk of User’s deposited Collateral Assets being subject of and liquidated in the event of Liquidation and the Liquidation Fee imposed on such User in such Liquidation;
    any representation or information provided by any third party being incomplete or inaccurate, including inaccuracy of the prices of Represented Assets obtained through the Third-Party Oracles, resulting in inaccurate pricing of LeverageX Trading Supported Tokens;
    any risks arising from the use of third-party systems including any Compatible Wallets, the operation of which the Company and its Affiliates do not control or oversee;
    any risk of inability or delay in the closing of any LeverageX Trading position for any reason including but not limited to there being insufficient Deposited Liquidity Tokens of the same asset-type as the Relevant Collateral Assets in the LeverageX Liquidity Pool for the settlement of such LeverageX Trade; and
    such other risks as may be set out in the Javsphere Documentation.
2. Liquidity Provision:
  1. A User can effect Liquidity Provision in accordance with the procedures for the “LLP Pool” feature accessible via Website Access or Direct Access, subject to User’s fulfilment of such requirements (including the whitelisting of User’s Compatible Wallet for use in connection with Liquidity Provision by such User) as may be imposed from time to time. The process for Liquidity Provision is further described in the Javsphere Documentation, in particular at https://docs.javsphere.com/products/leveragex/earn-llp-pool and illustrated in a step-by-step guide accessible at https://docs.javsphere.com/products/leveragex/earn-llp-pool.
  2. A User who has effected Liquidity Provision and minted LLP Tokens may, subject to there being Sufficient Liquidity (as defined below) in the LeverageX Liquidity Pool, initiate Redemption by transferring such User’s LLP Tokens to a designated Javsphere Smart Contract. At Redemption, such LLP Tokens will be burned in order for such User to receive such amount of Deposited Liquidity Tokens (“Redeemed Tokens”) corresponding to such User’s Contributed Proportion of the Deposited Liquidity Tokens comprising the LeverageX Liquidity Pool at the time of such Redemption. For purposes hereof, “Sufficient Liquidity” in relation to the LeverageX Liquidity Pool at specified time means the LeverageX Liquidity Pool comprising a minimum of such amount of Deposited Liquidity Tokens required for the settlement of all open LeverageX Trades at that specified time, in addition to any requirement for the LeverageX Liquidity Pool to maintain reserves as may be imposed from time to time.
  3. A User accessing and/or using Javsphere to effect Liquidity Provision and/or Redemption:
    is deemed to have read and understood the Javsphere Documentation; and
    acknowledges and accepts all risks and fees relating to Liquidity Provision and Redemption as set out in these Terms and the Javsphere Documentation, including but not limited to:
    any risk of inability or delay in Redemption for any reason including but not limited to the LeverageX Liquidity Pool not having Sufficient Liquidity at the time of User initiating and/or effecting Redemption;
    the risks set out at Section 7.5(a) below, in particular, inherent smart contract risks and security vulnerabilities that may potentially result in Deposited Liquidity Tokens being drained from the LeverageX Liquidity Pool;
    any potential loss of value of any Deposited Liquidity Token or LLP Token and/or any reduction in the amount of Deposited Liquidity Tokens comprising the LeverageX Liquidity Pool for any reason, and the corresponding effect on the amount or value of Redeemed Tokens received by such User at Redemption;
    any risks arising from the use of third-party systems including any Compatible Wallets, the operation of which the Company and its Affiliates do not control or oversee; and
    such other risks as may be set out in the Javsphere Documentation.
3. StakeX:
  1. A User can choose to Stake such User’s JAV Tokens via the “StakeX” feature accessible through Website Access or Direct Access, in order to obtain potential Staking Rewards. Such Staking Rewards shall accrue in Javsphere Smart Contracts address(es) from which such User may initiate claim(s) of such accrued Staking Rewards from time to time, as further described at https://docs.javsphere.com/products/stakex.
  2. A User accessing and/or using Javsphere to Stake JAV Tokens:
    is deemed to have read and understood the Javsphere Documentation; and
    acknowledges and accepts all risks and fees relating to Staking as set out in these Terms and the Javsphere Documentation, including but not limited to:
    the risks set out at Section 7.5(a) below, in particular, inherent smart contract risks and security vulnerabilities that may potentially result in Staked JAV Tokens being drained from the Staking pool(s);
    any risks arising from the use of third-party systems including any Compatible Wallets, the operation of which the Company and its Affiliates do not control or oversee;
    Staking Fees applicable to the Staking of JAV Tokens and withdrawal of Staked JAV Tokens; and
    such other risks as may be set out in the Javsphere Documentation.
4. CryoVault:
  1. A User can effect CryoVault Freezing of such User’s JAV Tokens in order to obtain potential CryoVault Rewards, via the “CryoVault” feature accessible through Website Access or Direct Access, in accordance with the procedures further described at https://docs.javsphere.com/products/cryovault.
  2. In initiating CryoVault Freezing using JAV Tokens, a User will be required to select such User’s desired CryoVault Freezing Period, during which period such User will not be able to withdraw such User’s JAV Tokens that are subject of CryoVault Freezing (notwithstanding any adjustments to the rate or amount of CryoVault Rewards applicable to such JAV Tokens subject of CryoVault Freezing, as further described at Section 2.4(c)(ii) below). The available options for the CryoVault Freezing Period that a User can select shall be as set out at https://docs.javsphere.com/products/cryovault.
  3. A User accessing and/or using Javsphere to effect CryoVault Freezing:
    is deemed to have read and understood the Javsphere Documentation;
    acknowledges and accepts that the rate or amount of CryoVault Rewards resulting from such User’s deposit of JAV Tokens in the CryoVault may be subject to changes or adjustments from time to time, and such changes or adjustments shall take effect immediately, notwithstanding that the CryoVault Freezing Period applicable to such JAV Tokens subject of CryoVault Freezing has not expired;
    acknowledges and accepts that all JAV Tokens subject of CryoVault Freezing cannot be withdrawn prior to the expiry of the applicable CryoVault Freezing Period, notwithstanding any potential changes to the CryoVault Rewards applicable to such CryoVault Freezing, as described in the foregoing Section 2.4(c)(ii);
    acknowledges and accepts all risks and fees relating to CryoVault Freezing as set out in these Terms and the Javsphere Documentation, including but not limited to:
    the risks set out at Section 7.5(a) below, in particular, inherent smart contract risks and security vulnerabilities that may potentially result in JAV Tokens subject of CryoVault Freezing being drained from the CryoVault;
    any risks arising from the use of third-party systems including any Compatible Wallets, the operation of which the Company and its Affiliates do not control or oversee;
    CryoVault Fees applicable to CryoVault Freezing of JAV Tokens and withdrawal of JAV Tokens subject of CryoVault Freezing and any CryoVault Rewards; and
    such other risks as may be set out in the Javsphere Documentation.
5. Governance:
  1. A User holding JAV Tokens and who fulfils certain requirements as set out at https://docs.javsphere.com/jav-token/governance (such person, an “Eligible JAV Tokenholder”) shall have Governance Participation rights and may opt to participate in Governance Voting by voting on governance matters pertaining to the key changes and initiatives affecting Javsphere. Each Eligible JAV Tokenholder’s voting power is determined based on the amount of JAV Tokens held by such Eligible JAV Tokenholder, in addition to any applicable voting multipliers as detailed under the heading “Voting Multipliers” at https://docs.javsphere.com/jav-token/governance.
  2. A User accessing and/or using Javsphere for Governance Voting is deemed to have read and understood the Javsphere Documentation, and acknowledges and accepts all risks and fees relating to Governance Voting as may be set out in the Javsphere Documentation.
Representations & Warranties
1. You make the following representations and warranties regarding your access and/or use of Javsphere:
  1. THAT you are legally permitted to access and/or use Javsphere in your jurisdiction and your access and/or use of Javsphere is in compliance with the laws of your jurisdiction, and you acknowledge that Company is not liable for your compliance or non-compliance with any such laws;
  2. THAT your agreement to these Terms and your access and/or use of Javsphere does not constitute, and that you do not expect it to result in, a breach, default, or violation of any applicable law or any contract or agreement to which you are a party or are otherwise bound;
  3. THAT you are not an Excluded Person and are not in an Excluded Jurisdiction, and are not accessing or using Javsphere from an Excluded Jurisdiction and for purposes hereof:
    “Excluded Jurisdiction” means any of the following jurisdictions: (1) the United States of America and its territories and possessions (collectively, the “United States”); (2) the British Virgin Islands; (3) Singapore; and (4) a jurisdiction identified by the Financial Action Task Force (FATF) for strategic AML/CFT deficiencies and included in FATF’s listing of “High-risk and Other Monitored Jurisdictions” accessible at https://www.fatf-gafi.org/en/publications/High-risk-and-other-monitored-jurisdictions/increased-monitoring-october-2024.html or “Jurisdictions Subject to a Call for Action” accessible at https://www.fatf-gafi.org/en/publications/High-risk-and-other-monitored-jurisdictions/Call-for-action-october-2024.html; (5) a jurisdiction in which Javsphere would be subject of licensing; and/or (6) a jurisdiction which the Company (whether directly or through third-party service providers engaged by the Company for purposes of Internet Protocol address identification and monitoring) does not permit access and/or use of the Websites for any other legal or regulatory reason from time to time; and
    “Excluded Persons” refers to the following person(s): (1) a person who is a citizen, domiciled in, resident of, or physically present / located in an Excluded Jurisdiction; (2) a body corporate: (a) which is incorporated in, or operates out of, an Excluded Jurisdiction, or (b) which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction; (3) an individual or body corporate included in United Nations Consolidated List (accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list); (4) an individual or body corporate which is otherwise prohibited or ineligible in any way, whether in full or in part, under any laws applicable to such individual or body corporate from accessing and/or using Javsphere; (5) a U.S. person; and/or (6) a person which the Company (whether directly or through third-party service providers engaged by the Company for purposes of Internet Protocol address identification and monitoring) does not permit access and/or use of the Websites for any other legal or regulatory reason from time to time. For purposes of these Terms, a “U.S. person” means:
    any natural person resident in the United States;
    any partnership or corporation organised or incorporated under the laws of the United States;
    any estate of which any executor or administrator is a U.S. person;
    any trust of which any trustee is a U.S. person;
    any agency or branch of a foreign entity located in the United States;
    any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;
    any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organised, incorporated, or (if an individual) resident in the United States;
    any partnership or corporation if:
    organised or incorporated under the laws of any foreign jurisdiction; and
    formed by a U.S. person principally for the purpose of investing in securities not registered under the Securities Act of 1933 of the United States of America, unless it is organised or incorporated, and owned, by accredited investors (as defined in Regulation D of that Act) who are not natural persons, estates or trusts; and
    any citizen of United States who is a military personnel of United States who is not resident in or outside of the United States, but does not include:
    any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-U.S. person by a dealer or other professional fiduciary organized, incorporated, or (if an individual) resident in the United States;
    any estate of which any professional fiduciary acting as executor or administrator is a U.S. person if:
    an executor or administrator of the estate who is not a U.S. person has sole or shared investment discretion with respect to the assets of the estate; and
    the estate is governed by foreign law;
    any trust of which any professional fiduciary acting as trustee is a U.S. person, if a trustee who is not a U.S. person has sole or shared investment discretion with respect to the trust assets, and no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. person;
    an employee benefit plan established and administered in accordance with the law of a country other than the United States and customary practices and documentation of such country;
    any agency or branch of a U.S. person located outside the United States if:
    agency or branch operates for valid business reasons; and
    the agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where located; and
    The International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans;
  4. THAT you will not, and will not attempt to, authorise anyone other than you to access and/or use Javsphere using a wallet owned by you or for which you control the private keys, or otherwise engage in Prohibited Use (as defined below) using such wallet;
  5. THAT you will not disrupt, interfere with, or otherwise adversely affect the normal flow of Javsphere or otherwise act in a manner that may negatively affect other Users’ experience when accessing and/or using Javsphere including taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of Javsphere;
  6. THAT:
    you have read and understood the Javsphere Documentation and accept all risks as may be set out therein or associated with the use of Javsphere, including smart contract risks, market volatility risks and risks associated with hacks, exploits, malfunctions, modifications of transaction data (whether in connection with Website Access or Direct Access of Javsphere) that could affect or result in unsuccessful Javsphere Transactions or misuse of smart contracts and oracles, which may result in a loss of digital assets. Notwithstanding that you may be using a Compatible Wallet to undertake a Javsphere Activity and/or Javsphere Transaction, you acknowledge that you bear all risks arising from and/or in connection with any modification of transaction payload data which you may procure or cause, in connection with your use of such Compatible Wallet in undertaking such Javsphere Activity and/or Javsphere Transaction;
    you are sophisticated in using and evaluating blockchain technologies and related blockchain-based digital assets, including the Javsphere Supported Chains and the third-party systems you use in connection with your access and/or use of Javsphere, as well as smart contract systems, leverage trading, automated market making protocols, liquidity pools, the concept of pricing slippage and Staking of digital assets; and
    you have evaluated and understand all functions of and all risks associated with your access and/or use of Javsphere and your undertaking of any Javsphere Activity and/or Javsphere Transaction using Javsphere and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of Company with respect to the access and/or use of Javsphere and your undertaking of any Javsphere Activity and/or Javsphere Transaction using Javsphere.
2. All of the above representations and warranties are true, complete, accurate and not misleading from the time of your acceptance of these Terms and are deemed repeated each time you access and/or use Javsphere.
Prohibited Use
1. You may not, directly or indirectly, engage in any of the following activities in connection with your access and/or use of Javsphere (“Prohibited Uses”):
  1. A violation of any law, rule, or regulation of any jurisdiction that is applicable to you;
  2. Violations or breaches of these Terms or any other document from time to time governing the access and/or use of Javsphere;
  3. Permit others to access and/or use Javsphere or otherwise undertake any Javsphere Activity and/or Javsphere Transaction using a wallet address (including any Compatible Wallet) that you control;
  4. Perform, or attempt to perform, any actions that would interfere with the normal operation of Javsphere or affect the access and/or use of Javsphere by other Users;
  5. Engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulative transaction activity in any digital asset using Javsphere, including by engaging or participating in “front-running”, “wash trading”, “pump and dump schemes”, or similar activities;
  6. Engage in, or knowingly facilitate, any money laundering, terrorist financing, or other illegal activities;
  7. Engage in, or knowingly facilitate, any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks;
  8. Buy, sell or transfer any stolen assets, fraudulently obtained assets, assets taken without authorisation, and/or any other illegally obtained assets;
  9. Engage in, or knowingly facilitate, any activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from Javsphere;
  10. Access or attempt to access non-public systems, programs, data, or services;
  11. Copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content or any part of Javsphere, except as expressly permitted by applicable laws; and
  12. Reverse engineer or attempt to reverse engineer Javsphere except as expressly permitted by applicable law.
Waivers
1. You agree and acknowledge that Company and its Affiliates shall not be liable for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of fund, asset, revenue, income or profits, and loss of use or data), arising out of or in connection with your access and/or use of Javsphere (whether via Website Access or Direct Access) or your undertaking of any Javsphere Activity and/or Javsphere Transaction, or use of your wallet (including any Compatible Wallet) in connection thereto.
2. You undertake not to initiate or participate, and waive the right to participate in, any class action lawsuit or a class-wide arbitration against Company and/or its Affiliates in respect of your access and/or use of Javsphere (whether via Website Access or Direct Access) or your undertaking of any Javsphere Activity and/or Javsphere Transaction.
3. By accepting these Terms, you waive all rights, claims and/or causes of action (present or future) under law (including any tortious claims) or contract against Company and its Affiliates in connection with your access and/or use of Javsphere (whether via Website Access or Direct Access) or your undertaking of any Javsphere Activity and/or Javsphere Transaction.
Termination
1. These Terms will remain in full force and effect for so long as you access and/or use Javsphere (whether via Website Access or Direct Access) or undertake any Javsphere Activity and/or Javsphere Transaction. Company may suspend or terminate your rights to access and/or use Javsphere at any time for any reason at Company’s sole discretion, including for any access and/or use of Javsphere in violation of these Terms.
2. Upon termination of your rights under these Terms, your right to access and/or use Javsphere will terminate immediately.
3. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including blacklisting any blockchain address you may have used to access Javsphere. Even after your rights under these Terms are terminated, Sections 5, 6.3, 7 and 8 of these Terms will remain in effect.
Disclaimers and Limitation of Liability
1. Disclaimer.
  1. THE JAVSPHERE SMART CONTRACTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT JAVSPHERE 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 JAVSPHERE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF FIRST USE.
  2. COMPANY DOES NOT ENDORSE ANY THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY INTERACTIONS OR TRANSACTIONS YOU ENTER INTO WITH ANY OTHER THIRD PARTY, OR FOR ANY LOSS ARISING FROM YOUR RELIANCE ON ANY REPRESENTATION MADE BY OR ANY INFORMATION PROVIDED BY ANY OTHER THIRD PARTY (INCLUDING ANY ORACLE PROVIDERS). YOU AGREE THAT COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF ANY INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY WALLET PROVIDERS) AND/OR ANY ACT UNDERTAKEN BY YOU USING THIRD-PARTY SOFTWARE.
2. Limitation of Liability.
  1. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES 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 OUT OF YOUR USE OF JAVSPHERE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, JAVSPHERE 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, OR LOSS OF FUND RESULTING THEREFROM.
  3. COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO KEEP YOUR PRIVATE KEYS OR LOGIN CREDENTIALS TO YOUR WALLET SECURE OR ANY OTHER UNAUTHORISED ACCESS TO OR TRANSACTIONS INVOLVING YOUR WALLET.
  4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF COMPANY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNT OF TRANSACTION FEES PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND/OR USE OF JAVSPHERE DURING THE PRECEDING TWELVE (12) MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
3. Indemnification. You agree to indemnify and hold Company and its Affiliates (each an “Indemnified Party”, and collectively “Indemnified Parties”) harmless from any loss, claim or demand made, including costs and attorneys’ fees, due to or arising out of:
  1. your access and/or use of Javsphere (whether via Website Access or Direct Access) or your undertaking of any Javsphere Activity and/or Javsphere Transaction (including conducting LeverageX Trades, Liquidity Provision, Redemption, Staking, CryoVault Freezing and/or Governance Participation);
  2. your non-observance of these Terms; and/or
  3. your violation of applicable laws or regulations. The relevant Indemnified Party reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to provide indemnification, and you agree to cooperate in the defense of these claims. You agree not to settle any matter without the prior written consent of the relevant Indemnified Party or Indemnified Parties. The relevant Indemnified Party will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4. Taxes. You are solely responsible for determining the tax implications and tax reporting requirements associated with your access and/or use of Javsphere and/or associated with any Javsphere Activities and/or Javsphere Transactions you undertake, and for paying any applicable taxes in each applicable jurisdiction in relation thereto. Company is not responsible for determining whether there are tax implications or tax reporting in connection with your access and/or use of Javsphere and/or associated with any Javsphere Activities and/or Javsphere Transactions you undertake, or for paying any applicable taxes in relation thereto.
5. Potential Risks Associated with Access and/or Use of Javsphere.
  1. Like all software, Javsphere (which includes the Javsphere Smart Contracts) may be subject to exploits. Company is not responsible for exploits of any kind. While Company has taken a number of precautions to ensure the security of Javsphere (which includes the Javsphere Smart Contracts), the technology is relatively new and it is not possible to guarantee that the code is completely free from bugs or errors. Users accept all risks that arise from access and/or use of Javsphere (which includes the Javsphere Smart Contracts), including, and not limited to, the risk of any digital assets being lost due to a failure, malfunction or exploit of Javsphere (whether in relation to the Javsphere Smart Contracts, the LeverageX Liquidity Pool, StakeX and/or CryoVault).
  2. You are solely responsible for securing the private keys associated with any wallet (including any Compatible Wallet) you may use when accessing and/or using Javsphere. You understand that anyone who obtains your private keys and access to your device may access such wallet controlled with those private keys with or without your authorisation and may transfer out any digital assets from the blockchain address associated with such wallet.
  3. The value of any digital asset, where value is attached to such an asset, may fluctuate. Company makes no guarantees as to the price or value of any digital asset on any secondary market, and/or the yield attributable to any Javsphere Activity and/or Javsphere Transaction that you undertake.
  4. The following risks are associated with blockchain-based digital assets involved in connection with your access and/or use of Javsphere and your undertaking of Javsphere Activities and/or Javsphere Transactions: the risk of losing private keys, theft resulting from third parties discovering your private key, value fluctuation of digital assets on the secondary market, disruptions to the Javsphere Supported Chains connected to Javsphere caused by network congestion, lack of usability of, or loss of value with respect to, digital assets due to a hard fork or other disruption to the Javsphere Supported Chains connected to Javsphere, or errors or vulnerabilities in the smart contract code associated with a given digital asset or transactions involving digital assets. Transfers on the Javsphere Supported Chains are irreversible. Once an instruction, signed by the required private key(s), to transfer a digital asset from one blockchain address to another has been executed, it cannot be undone.
  5. Support for your access and/or use of Javsphere (which includes the Javsphere Smart Contracts) whether via Website Access and/or Direct Access or for your undertaking of any Javsphere Activity and/or Javsphere Transaction (including conducting LeverageX Trades, Liquidity Provision, Redemption, Staking, CryoVault Freezing and/or Governance Participation) may be modified or discontinued at any time, and the Company reserves the right, at any time, in its sole discretion, to modify any offering of Javsphere (which includes the Javsphere Smart Contracts and the Websites).
  6. In the event of a change or other network disruption to a Javsphere Supported Chain connected to Javsphere, whether resulting in a fork of a Javsphere Supported Chain connected to Javsphere, Javsphere may halt and stop functioning and you may not be able to undertake or complete any Javsphere Activity and/or Javsphere Transaction. In addition, in the event of a fork, Javsphere Activities and/or Javsphere Transactions on that Javsphere Supported Chain may be disrupted.
  7. The Javsphere Supported Chains connected to Javsphere charge a fee for engaging in a transaction on the applicable network. Those network transaction fees fluctuate over time depending on a variety of factors. You are solely responsible for paying network transaction fees associated with any Javsphere Activity and/or Javsphere Transaction you undertake using Javsphere on the applicable Javsphere Supported Chain connected to Javsphere. You are also solely responsible for any other third-party fees that may be incurred in connection with your access and/or use of Javsphere.
Dispute Resolution
1. The Parties shall use best efforts to resolve any potential disputes through informal, good faith negotiations. In the event a potential dispute arises, you agree that you shall contact us by sending an email to legal@javsphere.com in order for the Parties to attempt resolving such potential dispute without resorting to formal dispute resolution processes. In the event an informal resolution is not reached within sixty (60) days of your above-mentioned email, the Parties agree to resolve the potential dispute in accordance with the process set forth below.
2. Subject always to Sections 5 and 7 of these Terms, any claim, suit, or dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, or any other acts or omissions for which you may contend that we are liable (“Dispute”), shall be finally and exclusively settled by arbitration under BVI Arbitration Act, 2013. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator. The arbitration will be held in the British Virgin Islands, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a court located in the British Virgin Islands.
Electronic Communications with Company The communications between you and Company use electronic means, either through the Websites or electronic mail, whether Company communicates by posting notices made accessible via the Websites, or communicates with you via email. For contractual purposes, you: (i) hereby consent to receive communications from Company in any electronic form; and (ii) hereby agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that would also be satisfied if such communications were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights under any applicable law.
Governing Law and Jurisdiction
1. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the British Virgin Islands, without regard to principles of conflict of laws.
2. Javsphere may not be available or permitted by laws for use in some jurisdictions (including the Excluded Jurisdictions). Company and its Affiliates do not represent or warrant that Javsphere or any part thereof is available or permitted by laws for use in any particular jurisdiction. In choosing to access and/or use Javsphere, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable local laws, rules and regulations.
General
1. Entire Terms. These Terms (read together with such other terms and conditions expressly referred to herein) constitute the entire agreement between you and Company regarding your access and/or use of Javsphere. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
2. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
3. Relationship of the Parties. Nothing contained in these Terms will be deemed to be construed by the Parties or any third party as creating a partnership, an agency relationship or joint venture between the Parties or any of their respective employees, representatives, or agents.
4. Third party rights. Save for the Company’s Affiliates who shall have rights and benefits to the extent accorded thereto under these Terms, any person who is not a Party to these Terms shall have no right to enforce any provisions of this Terms.
5. Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
6. Changes. Company reserves the right to change these Terms in its sole discretion from time to time. The “Date Last Updated” specified on these Terms indicates the date on which the Terms were last changed. You will be given the opportunity to review and accept the updated Terms when you next access and/or use Javsphere. These changes will be effective upon your acceptance of the updated Terms. In addition, continued access and/or use of Javsphere 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.
7. Waiver. A waiver by Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorised representative of Company and shall apply only to the circumstances for which it is given. The failure of Company 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.

Last updated 15 days ago

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