Threely Dimensions Inc (“Tria”) Earn Product Terms
1. Introduction
These Earn Product Terms and Conditions (“Earn Terms”) constitute a binding legal agreement between you (“User”, “You” or “Your”) and Tria Systems Inc. (as defined below) (“Tria”, "we", "us" or "our"). concerning your access to and use of our website located at Tria Website, our mobile application, and the services provided by Tria related to the Earn product(s) and services, described herein (collectively, the “Earn Products”).
It is your responsibility to read these Earn Terms together with the provisions set forth in our website Terms of Service, and our Privacy Policy (collectively referred to herein as the “General Terms”) carefully before using our website and the Earn Products. By accessing, registering, downloading, using, clicking on information pertaining to or purchasing the Earn Products, tools and information made available through our website and mobile application in any capacity, you agree that you have read, understood, accepted and agree to be bound by the Terms when using this website, mobile application, or Earn Products. These EarnTerms are subject to the governing law, dispute resolution, and arbitration provisions set forth in the Terms of Service. If you do not agree to the Terms, you should immediately stop using this website, mobile application, or the Earn Products. In addition, when using some features of the Earn Products, you may be subject to specific additional terms and conditions applicable to those features and services provided by Third Party Service Providers and you agree to be bound by the additional terms and conditions with such providers. In the event of any conflict between these Earn Terms and our Terms of Service or Privacy Policy, these Earn Terms shall control.
We reserve the right to modify or amend the Terms, the website or any Content on the website, the mobile application or any Content on the mobile application, from time to time, including for security, legal or regulatory reasons, to reflect updates or changes to the service or functionality of the website or mobile application. We may indicate on our web page or on our mobile app that the Terms have changed. You accept that by doing so, we have provided you with sufficient notice of such change. Notwithstanding the foregoing, you should regularly review the Terms to ensure that you are aware of and are complying with the current version of the Terms. Changes are binding on all Users of the website or mobile application and will take effect immediately from the posting of the revised documentation. You agree to be bound by such variation and your continued use of the website, mobile application, tools and information made available shall constitute your acceptance of such variation.
2. Definitions
a. “Applicable Laws” means any acts, statutes, regulations, ordinance, treaties, guidelines, policies issued by any governmental organizations, intergovernmental organizations or regulatory bodies.
b. “Content” means all contents of Tria’s Platform, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, and requirement, product, services, advertising material, software, code as well as any data, files, archives, folders or downloads available on Tria’s Platform.
c. “Digital Assets" means stablecoins and other crypto assets and/or cryptographic tokens which are offered and provided by you to obtain an Earn Product and accepted by Tria.
d. "Earn Products" means the products or services provided on the Tria Platform, as a specific Tria Service, including without limitation the products listed on the Earn Product Schedule (appearing below these Earn Terms). The Earn Product Schedule is incorporated herein by reference.
e. "Fiat" or "Fiat Currency" means government issued currency that is designated as legal tender in its country of issuance through government decree, regulation or law.
f. "Interest" means the indicated interest rates in accordance with these Terms and subject to revision at any time at the sole discretion of Tria.
g. "Investment Asset" means the Digital Asset which a User selects to invest and which the Redemption Amount may be paid out in, based on the Settlement Formula.
h. "Investment Amount" means the amount of the Investment Asset that Users used to, or intends to use to, purchase an Earn Product. The type, amount and other features of Investment Amount are subject to the requirements and limits set by Tria.
i. "Linked Asset" means the Digital Asset in which the Redemption Amount may be paid out in, based on the Settlement Formula.
j. "Maturity Date" means the date when the Earn Product matures as agreed by you and Tria through the Tria Platform.
k. "Order Page" means the interface page on the Tria Platform which allows Users to place a Purchase Order.
l. "Order Status Page" means the interface page on the Tria Platform which shows the status of the Purchase Order.
m. "Product Page" means the interface page on the Tria Platform which sets out the details of the Earn Product and permits you to subscribe for an Earn Product.
n. "Purchase Order" means an order to purchase an Earn Product.
o. "Redemption Amount" means the amount that Users shall receive when a fixed term Earn Product matures. The Redemption Amount shall be calculated according to the Settlement Formula.
p. "Settlement Formula" means the formula that determines the Linked Asset and calculates the Redemption Amount.
q. "Third-Party Service Provider" means a third party selected by Tria and retained to act on our behalf to provide, or to assist us in providing, the Earn Products, including but not limited to infrastructure and strategy providers.
r. "Wallet" means a third-party service provided digital custodian wallet, for distributing and holding Digital Assets
s. "Tria Account" means a virtual account which is opened by Users to use the Earn Products, execute transactions, asset swaps and to record basic user information. Tria Accounts serve as the basis for Users to exercise their rights on the Platform.
t. "Tria Platform" means the website, any mobile application and any other official Tria communication channels made available for access to use the Earn Products and being subject to revision periodically.
u. "Tria Platform Rules" means all rules, interpretations, announcements, statements, letters of consent and other Contents that have been and will be subsequently released by Tria, as well as all regulations, implementation rules, product process descriptions, and announcements published in this website or within products or services, including all information available on the Tria website.
v. "Tria Services" refer to various services provided to you by Tria or Tria’s Third-Party Service Providers that are based on Internet and/or blockchain technologies and offered via the Tria Platform, website, mobile applications, and other forms (including new ones enabled by future technological development).
w. "Tria Website Support" may be contacted by email at the following address [email protected].
3. Your Tria Account and Your Digital Assets
a. Your Tria Account is not a bank account, deposit account, savings account or any other type of asset account and should not be treated or characterized as a banking product or service. Tria is not providing an investment-based or loan-based crowdfunding platform. Tria does not take custody of user assets, does not receive or rehypothecate funds, and does not act as a borrower or counterparty. Assets move from your wallet directly into on-chain vault contracts operated by Third-Party Service Providers.
b. When you transfer Digital Assets they will be held in your Wallet in accordance with these Terms, unless and until you designate such assets for use through the Tria Platform.
c. Tria is under no obligation to issue any replacement Digital Assets in the event that any Digital Assets, password or a User’s private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.
d. No Tria service or entity is authorized or regulated by the U.S. Securities and Exchange Commission or the U.S. Commodity Futures Trading Commission for the purposes of crypto asset exchange, crypto asset custody, broader crypto asset services or for making payments in crypto assets. Your Digital Assets are not protected by any consumer protections, investor protections, or similar schemes in any jurisdiction.
e. As part of Tria’s services, Tria may engage various Third-Party Service Providers which may be regulated and authorized in respect of the services they provide. You acknowledge and agree that our providing access to services with Third-Party Service Providers shall not be deemed to confer any requirement for authorization on the part of Tria, or constitute Tria being regulated or authorized to provide the services that are provided by the Third-Party Service Providers.
4. Regulation and Risk
a. The Earn Product is not a product or service registered with any government or regulatory authority. Tria acts solely as a platform provider in relation to Earn Products and does not exercise any discretionary authority or management over the underlying Digital Assets. Your assets will be managed by third parties, which may or may not hold the applicable licenses in the jurisdictions where you are based in. Tria does not act as a fund manager, fiduciary, advisor, or trustee for Users in relation to Earn Products, and no fund interest, trust or pooled investment arrangement is created by using the Earnt Products.
b. Regulatory Framework. The regulatory framework governing Digital Assets remains unsettled and laws, regulations, or guidelines may be significantly revised and amended which may materially and adversely affect the value of Digital Assets and our services on the Platform. Tria may be required to obtain licenses, permits, and/or approvals in any jurisdiction where it seeks to offer the Earn Products. If Tria is unable to obtain such regulatory approvals or if such regulatory approvals are not renewed or are revoked for any reason, the Users in such jurisdictions may be unable to access or use the Earn Products or may be restricted to use part of the Earn Products. In the case where Tria may be requested or forced to suspend or discontinue or to change the operation of the Earn Products in any jurisdiction required by law or authorities, your Tria Account may be restricted for an indefinite period of time until the matter is solved. You shall be responsible for determining whether the use of the Earn Products is legal in your jurisdiction, and you shall not access or use the Earn Products if, to the best of your knowledge, they are illegal in your jurisdiction.
c. Digital Asset Valuation. The values of Digital Assets are affected by several factors, including but not limited to, the total number of Digital Assets in existence, the continued willingness of market participants to exchange Fiat Currencies for Digital Assets, purchasers’ expectations with respect to the rate of inflation of Fiat Currencies, purchasers’ expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies, or news of such theft from digital wallets, investment and trading activities of large investors, monetary policies of governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Any of these factors may affect the value of Digital Assets, which may result in the permanent partial or total loss of the value of a particular Digital Asset. No one shall be obliged to guarantee the liquidity or the market price of any of the Digital Assets deposited by you into a Tria Account. The volatility and unpredictability of the value of Digital Assets relative to Fiat Currencies may result in a significant loss over a short period of time.
d. You may not have any oversight or control over the Digital Assets that you use through our Platform. However, if any entity or third party that Tria has a relationship with defaults on obligations to Tria then we may impose limits on your ability to use Tria or reduce the interest rates we are willing to pay. If our losses are large, we may become unable to meet our obligations to you. Although we cannot remove this risk entirely, to reduce it we perform due diligence on all entities and third parties we deal with. If Tria were to become unable to pay its debts as they fall due, you would become a general unsecured creditor of Tria.
e. Forks and Airdrops. The underlying protocols of Digital Assets may be subject to substantial changes in their operating rules ("Forks"), and these may alter the value or function of a Digital Asset. A Fork may result in multiple versions of a Digital Asset, leading to volatility as one version becomes dominant over another, which may lose its value. There may be distributions made to holders of a particular Digital Asset, for example of a new variant of a Digital Asset (an "Airdrop"). We will assess at our sole discretion whether we support a Fork or Airdrop. If we support a Fork or Airdrop, we may, but are not obligated to, make an announcement through the Tria Platform. If we do not support an Airdrop or Fork, we will not claim it for our own benefit (unless this is unavoidable or impractical), and you acknowledge and agree that we will not claim it on your behalf either.
f. Taxation. The tax treatment of Digital Assets is uncertain, and it is your responsibility to determine whether taxes arise from your use of the Earn Products. You acknowledge and agree that Tria does not provide investment, legal or tax advice and that you shall be solely responsible for reporting and paying any applicable taxes arising from your use of the Earn Products. You understand and acknowledge that Tria may be required by Applicable Laws to report information to a tax or governmental authority regarding the transactions, payments, swaps, transfers or distributions made to you or by you. Tria may also withhold or add taxes applicable to your transactions on the Platform to the extent that they are required by Applicable Laws.
5. Earn Service Terms and Conditions
a. Upon successful completion of the registration and identity verification for your Tria Account, and before you are able to use the Earn Products, you will be asked to provide a one-time, comprehensive consent to our Terms, which applies to all current and future vaults, providers, strategies, assets, and deposits (including repeat deposits into the same vault or deposits into newly introduced vaults). You will not need to provide additional consents each time you use the Earn Products.
b. Tria does not guarantee principal protection or returns and may pause, restrict, or disable deposits and/or withdrawals for risk management, operational, regulatory, or security reasons.
c.Fees/Interest/Rewards. Our fees, interest rates and rewards are as published on the Tria Platform and may be revised at any time at the sole discretion of Tria. We will provide notice of changes to these rates via the Tria Platform. You will be treated as accepting any prospective change to the interest rate, unless you inform us you do not agree to the change, in which case you may withdraw your Digital Assets from the applicable vault contract. Unless you opt-out through the Tria Platform, all interest is automatically re-transferred to Tria. Our interest rates and rewards are paid in the same Digital Assets as those transferred to a vault contract. Any change in the value of Digital Assets is at your risk.
d. Withdrawals. Subject to these Earn Terms, you have the right to demand a withdrawal of the Digital Assets from the applicable vault contract to your Wallet pursuant to the withdrawal rights and procedures outlined herein and in the Earn Product Schedule, which appears below and is incorporated herein by reference. Withdrawal of any Digital Assets prior to the Maturity Date of a fixed term Earn Product may result in forfeiting accrued interest and/or rewards, penalty fees, and potential denial of withdrawal given third-party technical and/or legal constraints.
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Tria will facilitate the transfer of an amount equal to the withdrawn Digital Assets, subject to reasonable slippage, from the applicable vault contract to your Wallet within thirty (30) days of your withdrawal demand (or Maturity Date for a fixed term Earn Product). Once transferred to your Wallet, you may transfer the Digital Assets to a third-party wallet or swap them for other Digital Assets to acquire another Earn Product. You acknowledge and agree that, in the case of a fixed term Earn Product, Tria shall not be required to process any withdrawal of the Digital Assets prior to the Maturity Date.
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If the wallet address details you provide for withdrawal are inaccurate, incomplete or misleading, your Digital Assets may be permanently lost. If your Digital Assets are sent to the wrong deposit address or chain, these Digital Assets may or may not be recoverable and could incur additional fees depending on the recovery process. A minimum threshold of USD $500 per Digital Asset must be met before we will investigate the required recovery process. Notwithstanding the foregoing, we will not be liable for any loss that results from inaccurate, incomplete, or misleading details that you may provide for transferring your assets outside the Tria Platform. If the transfer address you specify is one to which we are unable to process transfers to, we will have no liability for any resulting failure or delay in processing your request to withdraw.
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Withdrawal limits based on amount and/or frequency may apply from time to time as determined by Tria which may be based on legal, regulatory, and/or security considerations. Our policies and procedures may require additional security and/or compliance checks that may need additional time to complete. Any individual request to increase withdrawal limits set by Tria must be sent via email to [email protected].
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Every withdrawal request shall be deemed pending until processed. We may terminate such transfer or delay the processing of a withdrawal for any reasonable reason, including but not limited to inaccurate or misleading information provided by you, or any doubt or suspicion of fraud, misrepresentation, a sanctioned transaction, money laundering, terrorism financing or other financial crime related to your Tria Account or if requested to do so by a regulator, enforcement agency or regulatory body.
6. Earn Product(s)
Tria’s Earn product enables Users to deposit supported Digital Assets into on-chain yield vault contracts powered by third-party infrastructure and strategy providers. Initially, vault infrastructure will be provided by Upshift and strategies will be managed by Sentora (each, a “Third-Party Service Provider”); however, Tria may onboard additional Third-Party Service Providers, infrastructure providers, strategy providers, vaults, and assets over time.
Tria may make available to you one or more Earn Products through the Tria Platform. Earn Products are not insured or guaranteed in any way. Users may lose the full value of their Digital Assets and may not be able to recover anything in the event of an insolvency. For each Earn Product, you shall place the order and specify the Investment Amount with which you intend to purchase the Earn Product. Once your Purchase Order is confirmed by Tria, the Investment Amount will be deducted from your Tria Account for the purchase of the relevant Earn Product. In the case of a fixed term Earn Product, on or around the Maturity Date, you will receive the Redemption Amount calculated based on the Settlement Formula. Where applicable, you authorize Tria to convert any other currency or Digital Assets on your behalf into the denominated currency or Digital Assets at a prevailing rate, and vice versa, in order to make a purchase of or withdrawal from the Earn Product.
7. Staking Terms.
a. General. These Staking Terms and Conditions (“Staking Terms”) constitute a binding legal agreement between you (“User”, “You” or “Your”) and Threely Dimensions, Inc. (“Tria”, “we”, “us” or “our”), concerning your access to and use of our website located at www.tria.so, our mobile application, and the services provided by Tria related to the staking services, described herein (collectively, the “Staking Services”). The Staking Services allow You to connect Your Digital Wallet (as defined below) to stake Your TRIA tokens, the native tokens of the Tria Protocol (the “Protocol”) in order to receive rewards.
By using the Staking Services, You, whether on their own behalf or on behalf of entities, agree to be bound by these Staking Terms. If You do not agree to these Staking Terms, or if You cannot legally bind any company, organization or other entity You represent, You must not access or use the Staking Services.
You also agree that these Staking Terms shall be read together with Our Privacy Policy and Our Terms of Service (together, the “General Terms”), which are incorporated herein by reference. These Staking Terms shall be read to be consistent with the General Terms to the greatest extent possible. In the event of a direct conflict between these Staking Terms and the General Terms, these Staking Terms shall control but only with respect to Your use of the Staking Services.
The staking program is designed to, among other things: (i) reward long-term commitment to the Tria ecosystem; (ii) incentivize higher engagement across products and services, and (iii) keep benefits predictable, transparent, and easy to understand.
b. Staking Services. The Staking Services allow you to initiate a transaction from Your Digital Wallet that transfers your TRIA to a smart contract and receive stTRIA in return. stTRIA tokens certify the staked (deposited) amount of tradeable TRIA tokens and serve solely as a representation of such deposited assets within the Protocol. stTRIA can be transferred from the Digital Wallet to which it was issued.
The Staking Services also allow you to initiate a transaction from Your Digital Wallet to burn your stTRIA and receive TRIA in return following the expiration of any applicable unbonding period. You can also use other front-end interfaces, or initiate a transaction directly from Your Digital Wallet, to do this. The Protocol imposes an unbonding period during which you cannot restake your TRIA or vote your stTRIA.
c. Rewards. Staking Services allow users to lock their Tria Tokens to unlock enhanced rewards across the Tria ecosystem. By staking Tria Tokens, users move into predefined tiers that provide incremental advantages such as higher cashbacks on all transactions and even higher cashbacks on Tria, improved Earn APYs, and fee discounts on trading, and card deposits. Staking tiers are determined by the total number of Tria Tokens staked, and may be modified at any time in Tria’s sole discretion. Tiers will be posted on the Tria website at www.tria.so. Each tier unlocks incremental rewards across multiple Tria products. Staking rewards apply only while the Staking Services are active and may be updated in the future inTria’s sole discretion.
Note that rewards are not automatically distributed or staked. The Staking Services allow you to initiate a transaction from Your Digital Wallet that holds stTRIA in order to claim your accrued rewards at any time after rewards claiming functionality is enabled. In order to stake Your benefits of TRIA tokens, you will need to initiate a transaction to stake those tokens.
d. Disclaimers and Limitation on Liability. Your access to and use of the Staking Services are at Your own risk. You understand and agree that the Staking Services are provided to You on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Tria Labs, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY OR FITNESS OF THE STAKING SERVICES FOR ANY PARTICULAR PURPOSE, OR AS TO THE ACCURACY, QUALITY, SEQUENCE, RELIABILITY, WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN WHETHER LATENT OR PATENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Staking Services; (b) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Staking Services; (c) the operation or compatibility with any other application or any particular system or device, including any Wallets; (d) whether the Staking Services will meet Your requirements or be available on an uninterrupted, secure or error-free basis; and (e) whether the Staking Services will protect Your assets from theft, hacking, cyber attack, or other form of loss caused by third party conduct. The Staking Services are purely technological services, and nothing contained in the Staking Services constitutes, or is meant to constitute, a financial or investment product or investment, financial, legal or other professional advice of any kind. If You require advice in relation to any financial, legal or other professional matter You should consult an appropriate professional. No advice or information, whether oral or written, obtained from the Company Entities or through the Staking Services, will create any warranty or representation not expressly made herein. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE STAKING SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE STAKING SERVICES OR THESE STAKING TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE STAKING SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE STAKING SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
e. Acknowledgement; Assumption of Risks. You acknowledge that Tria makes no representations and warranties regarding, nor is responsible for, the amount of staking benefits received by You from the Tria Protocol as a result of the use of Staking Services.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with any staking benefits. You agree that You will pay or reimburse Us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction.
We reserve the right to disable or modify access to the Staking Services (such as restricting features of the Staking Services) at any time for any reason, including 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 Staking Services being inaccessible to You at any time or for any reason.
The Staking services may evolve, which means We may apply changes, replace, or discontinue (temporarily or permanently) the Staking Services at any time in Our sole discretion.
YOU ACKNOWLEDGE THAT THERE ARE LEGAL REQUIREMENTS IN VARIOUS JURISDICTIONS WHICH MAY RESTRICT THE STAKING SERVICES THAT WE CAN LAWFULLY PROVIDE. ACCORDINGLY, STAKING SERVICES MAY NOT BE AVAILABLE OR MAY BE RESTRICTED IN CERTAIN JURISDICTIONS OR REGIONS OR TO CERTAIN USERS. YOU SHALL BE RESPONSIBLE FOR INFORMING YOURSELF ABOUT AND OBSERVING ANY RESTRICTIONS AND/OR REQUIREMENTS IMPOSED WITH RESPECT TO THE ACCESS TO AND USE OF THE STAKING SERVICES IN EACH JURISDICTION FROM WHICH YOU ACCESS THE STAKING SERVICES.
WE RESERVE THE RIGHT TO CHANGE, MODIFY OR IMPOSE ADDITIONAL RESTRICTIONS WITH RESPECT TO THE ACCESS TO AND USE OF THE STAKING SERVICES FROM TIME TO TIME AT OUR SOLE DISCRETION AT ANY TIME WITHOUT PRIOR NOTIFICATION.
f. Indemnification. In addition to Your indemnification obligations under the General Terms, You agree to indemnify, defend, and hold harmless Tria, its partners, agents, officers, directors, contractors, and employees from and against any losses, costs, expenses, claims, injuries or damages (including, without limitation, judicial, arbitrational, and attorneys’ fees and expenses) incurred due to or arising out of Your use of Staking services and any breach by You of any representation, warranty or provision of these Staking Terms.
g. Miscellaneous. We reserve the right to alter, amend or modify these Staking Terms from time to time, in Our sole discretion, including without limitation in connection with technical developments or any change or improvement of the Staking Services. It is Your responsibility to review these Staking Terms from time to time. By continuing to use the Staking Services, You automatically agree and accept their provisions and give Your consent to be bound by them.
Should any part or provision of these Staking Terms be held to be invalid by any competent court, governmental or administrative authority having jurisdiction, the other provisions of these Staking Terms shall nonetheless remain valid. The same shall apply if and to the extent that these Staking Terms are found to contain any gaps or omissions.
These Staking Terms and the General Terms constitute the entire agreement between You and Us with respect to the subject matter hereof. These Staking Terms supersede any and all prior or contemporaneous written and oral agreements, communications, and other understandings relating to the subject matter of the Staking Terms.
8. Representations and Warranties.
You hereby agree to make the following representations and warranties to Tria:
a. You are the exclusive owner of the Digital Assets (whether or not transferred to a vault contract);
b. You validly undertake any actions or enter into any transaction with regard to these Terms;
c. The Digital Assets, which you may transfer in accordance with these Terms shall not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable law;
d. You shall provide only accurate, complete, and up-to-date information and documents, including but not limited to, identification documents issued by applicable government authorities, for the purpose of accessing or using the Earn Products on the Tria Platform;
e. You understand and are aware of risks associated with accessing or using the Earn Products and you are fully liable for any liabilities derived from transacting in Digital Assets at your own risk;
f. You acknowledge and agree that the Tria Platform is solely as a product interface facilitating your access to third-party protocols and that Tria does not provide investment advice;
g. You shall use the Earn Products in good faith and shall not use the Earn Products for the purpose of concealing, or disguising the origin or nature of the proceeds derived from illegal or criminal activities;
h. You acknowledge and agree that you are subject to tax regulation in your jurisdiction and are fully responsible for any filing/reporting and paying any tax as required by the Applicable Laws. Tria shall not be responsible to compensate you for your tax obligations or advise you in relation to your tax issues. Any uncertainties and unpredictable matters in tax legislation with respect to Digital Assets may expose you to any unknown or unforeseeable tax implications associated with your holding of Digital Assets and the use of the Earn Products, for which Tria shall have no liability. Also, you shall hold Tria harmless from any expenses and losses, resulting from the unknown or unforeseeable tax implications;
i. You shall not breach any terms stipulated in the Terms, and the Privacy Policy, or any Applicable Laws in any relevant jurisdictions;
j. You shall not interfere, intercept, or expropriate our network system, data, or information;
k. You shall not transmit, or upload any virus or other malicious software program, or try to gain unauthorized access to other accounts, websites, networks or systems relating to the Earn Products;
l. You shall not decompile, reverse engineer, or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property rights;
m. You shall not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products;
n. You shall inform Tria about any changes in your information and documents, if any, provided or submitted to Tria, particularly your contact details, as soon as reasonably practicable following such change; and
o. You shall defend, indemnify, and hold harmless Tria, and its related parties, relating to any third-party claim concerning your use of the Earn Products in violation of the Earn Terms and Applicable Laws, pursuant to Tria’s Terms of Service available at Tria Website.
Each of these representations and warranties shall survive and continue to have full force and effect after the execution of these Terms. Tria makes no representation, warranty, or guarantee to you of any kind. The Tria Platform and the Tria Services are offered strictly on an as-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.