Terms of Use
Effective Date: August 6, 2026
These Terms of Use (the "Terms") provide the terms and conditions under which you, whether personally or on behalf of the entity that you represent (“you” or “your”) are permitted to use, interact with or otherwise access TAO.com’s website at https://www.TAO.com, (“Website”) and the tools, products, and services (provided through the Website, mobile applications, browser extensions, or otherwise), including any and all content, features, functionality and all information submitted through them (together with the Website, the “Functionalities”) provided by TAO.com Inc. (“TAO.com,” “we,” “us,” or “our”).
Your viewing, access and use of, or interaction with, the Functionalities constitutes your agreement to these Terms and our Privacy Policy, and any other additional terms and conditions and policies referenced herein or made available by us or through our Functionalities. You understand that these Terms govern all aspects of your relationship with TAO.com. If you do not agree to be bound by these Terms, you must not access, view, interact with, or otherwise use the Website or the Functionalities.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TAO.COM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
CHANGES TO THESE TERMS.
TAO.com reserves the right, in its sole discretion, to change or modify portions of these Terms at any time. TAO.com will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Your continued access and use of any of the Functionalities following such changes to the Terms shall constitute your acknowledgement of and your agreement to be bound by them. You should periodically visit this page to review the current Terms, so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Functionalities.
ELIGIBILITY.
In order to be eligible to access and use the Functionalities, you represent and warrant that you: (i) are at least eighteen (18) years old and capable of forming a binding legal relationship with TAO.com; and (ii) have the requisite capacity, power, and authority to accept these Terms on behalf of yourself or the entity that you represent and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid, and binding obligation enforceable against you in accordance with these Terms.
THIRD PARTY SERVICES.
By using the Website or the Functionalities, you may also be using the resources, including products, services or content and links of one or more third parties (collectively, “Third-Party Service(s)”). Third Party Services are provided for your convenience only and the availability of Third-Party Services does not constitute an endorsement by TAO.com of the same. Third Party Services are not under TAO.com’s control and, as such, are not considered part of our Functionalities. TAO.com makes no representation or warranty regarding any Third-Party Service, including its availability, security, or suitability for use with or in conjunction with TAO.com’s Functionalities and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access Third-Party Services integrated with or linked to the Website or any Functionalities, you do so entirely at your own risk and subject to the terms and conditions of use, privacy policies, or other agreements with those third parties that are applicable to those Third-Party Services. You may also incur fees for the use of or access to a Third-Party Services, and you are solely responsible for paying such fees. Those fees are not charged by TAO.com nor are you paying TAO.com those fees. TAO.com will not be liable for your failure to pay any third-party fees in connection with Third-Party Services.
Please review any applicable terms, policies or agreements of Third-Party Services prior to engaging with them. We reserve the right to withdraw linking permission without notice. We have no control over and are not responsible for such Third-Party Services, including the accuracy, availability, reliability, verification or completeness of information or content shared by or available through Third Party Services, or the privacy practices of such services. Your use of Third-Party Services is directly between you and that third party, and you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services.
INTELLECTUAL PROPERTY.
You acknowledge and agree that all legal right, title and interest in the Functionalities and their contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and the design, selection, and arrangement thereof) and other third-party content, are owned by TAO.com, its licensors, or other providers of such material and are protected by British Virgin Island and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive, nontransferable, non-assignable, non-sublicensable, revocable license to use the Functionalities for the limited purpose it is provided to you, solely in accordance with these Terms. This license is effective until terminated. We may terminate or suspend any or all portions or features of the Functionalities at any time and for any reason or for no reason with no liability to you. Except for the limited license provided in this Section, nothing in these Terms grant you any right, title, or interest in or to any intellectual property rights in or relating to the Functionalities. There are no implied licenses granted under these Terms unless expressly stated in these Terms.
By using the Functionalities, you grant us a limited, non-exclusive, sublicensable, worldwide royalty free license to use, copy, modify and display any content you provide to us or that you post on or through any of the Functionalities solely for our business purposes, including but not limited to the purpose of providing the Functionalities for so long as is necessary to do so.
TAO.com’s name, and all trademarks, logos, taglines, service names, designs, and slogans on the Functionalities are trademarks of TAO.com or its affiliates or licensors. You must not use such marks without our prior written permission. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
FUNCTIONALITIES.
The Functionalities may provide you access to Bittensor Native Swaps. A “Bittensor Native Swap” is a swap of TAO for a subnet token (“Alpha Token”), of an Alpha Token for TAO, or between Alpha Tokens of different subnets, executed by the native protocol of the Bittensor network. TAO.com provides the software through which you access Bittensor Native Swaps; the swaps themselves are executed and settled by the autonomous native Bittensor protocol, and not by TAO.com. This Section supplements, and does not limit, the other provisions of these Terms, including the disclaimers and limitation of liability below.
Non-Custodial; No Custody or Counterparty. Bittensor Native Swaps are non-custodial. You perform a Bittensor Native Swap yourself by signing and submitting an on-chain instruction with your Wallet (as defined below), and the native protocol autonomously executes, prices, and settles the swap. TAO.com does not take custody, possession, or control of your digital assets, cannot access, move, freeze, or reverse them, is not your counterparty, or broker, and does not operate an order book or matching engine or execute your swaps.
No Guarantee; Price Impact and Slippage. A Bittensor Native Swap may fail or execute only in part, and the amount you receive is determined by the protocol and on-chain liquidity and may differ materially from any displayed estimate. Larger swaps may cause significant price impact and slippage. Bittensor Native Swaps are also subject to insufficient liquidity, insufficient funds or gas, network congestion or reorganization, front-running, and other maximal extractable value (MEV) activity, none of which TAO.com controls or is responsible for.
Subnet and Alpha Token Risk. Alpha Tokens are highly volatile and may be illiquid, and their price and liquidity depend on the performance, emissions, and continued registration of the relevant subnet. A subnet may be de-registered, and its emissions or tokenomics may change, at any time through protocol operation or governance, which may materially reduce or eliminate an Alpha Token’s value or liquidity. TAO.com does not control the Bittensor network or protocol.
No Advice; No Exchange, Brokerage, or Best Execution. Bittensor Native Swaps, and any default or suggested parameters or displayed prices, are provided as tools only and are not investment advice, a recommendation, or a solicitation; all swaps you perform are unsolicited. TAO.com is not a securities exchange, alternative trading system, broker-dealer, or dealer, does not broker or execute swaps on your behalf, and does not guarantee best execution, best price, or any particular outcome.
NO RESPONSIBILITY FOR CRYPTOGRAPHIC KEYS; NO FIDUCIARY DUTIES.
You may be required to connect your self-custodial, self-hosted digital asset wallet (“Wallet”) in order to access the Functionalities. You acknowledge and agree that we cannot control, provide guarantees for, or access your Wallet, crypto assets, or its private keys and that you are solely responsible for your Wallet security and familiarizing yourself with it and its safety and security features, including any private keys and passwords associated therewith. You should consult the terms of service provided by your Wallet provider to understand your rights and responsibilities as they relate to your Wallet. This also means that we are unable to assist with transactions: please be vigilant in interacting with Bittensor, Subtensor, or any other immutable blockchain technology. You are solely responsible for transactions involving your own crypto assets, and we expressly disclaim any liability for any losses or changes in value of your crypto assets in connection with your use of the Functionalities. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
REPRESENTATIONS.
You acknowledge and agree that (i) you are solely responsible for properly configuring and using the Functionalities and for taking appropriate action to secure your data when doing so, including without limitation, financial information, tokens, and private keys; (ii) you have the financial and technical sophistication to properly use, access and interact with the Functionalities and that you understand the inherent risks of blockchain technology, tokens, and smart contracts, among other related technologies; (iii) you are using and accessing the Functionalities on your own initiative and are responsible for compliance with all laws, including your local laws; (iv) all use and interaction of the Functionalities is entirely at your own risk; and (v) the Functionalities may not be available without interruption or for any particular duration, and we shall not be responsible for any losses, damages, costs, expenses, lost opportunities or other harm suffered by you in connection with any interruption or termination of the Functionalities.
You further:
acknowledge and agree that blockchains and their attendant technologies involved in using any Functionalities are novel, technologically complex, and involve inherent risk, protocol upgrades and other technological mechanisms may contain bugs or security vulnerabilities that may result in loss of functionality and ultimately of funds, and the Functionalities involve technological innovations such that the results of usage of or interaction with them depend on factors beyond our control, including but not limited to network health, congestion, latency, incentives, user configuration settings, operation of third party software or hardware, wallet or account compatibility, protocol upgrades or forks, the activities of searchers, block builders and others. You should also familiarize yourself with the risks associated with transacting on blockchain networks, including but not limited to smart contract vulnerabilities, front end vulnerabilities, hacks, phishing attacks, social engineering attacks, cryptoasset volatility and transaction irreversibility. You understand that like any other software, the Functionalities could be at risk of third-party malware, hacks or cybersecurity breaches. You agree that it is your responsibility to monitor your assets and wallet regularly and confirm their proper use and deployment consistent with your intentions. We do not and cannot guarantee the security, performance, or reliability of the protocol, or any associated blockchain networks, protocols or tools. As part of your knowledge relating to the use of blockchain technology, you acknowledge and agree that you are solely responsible for any fees relating to transactions on any blockchain as it relates to the protocol, including any transaction (or "gas") fees relating to any blockchain. A transaction presented as “gasless” or fee-sponsored may still require the payment of a fee to be processed on the relevant network;
acknowledge and agree that transactions entered into in connection with the Functionalities are not refundable. You are solely responsible for ensuring that you have adequate funds (including the relevant network token for gas) to complete a transaction, and TAO.com will not be liable for any failed or unsuccessful transaction, including, but not limited to, any resulting from insufficient funds or gas, slippage, or network congestion.
acknowledge and agree that your access to the Functionalities is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over us, you, the Functionalities, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity. You represent and warrant that you will comply with all Applicable Laws, and you will not use the Functionalities if the laws of your country, or any Applicable Law, prohibit you from doing so;
represent and warrant that you and for the duration of the time that you use the Functionalities, (I) will not be the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; (II) will not be in contravention of any laws and regulations pertaining to anti-money laundering or terrorist financing; (III) will not be included on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or on any sanctions list of the United Kingdom Foreign, Commonwealth & Development Office (“FCDO”) and/or pursuant to the European Union (“EU”) regulations; (IV) will not be located, ordinarily resident, organized, established, operationally based, or domiciled in Cuba, Iran, North Korea, the Crimea, Donetsk, and Luhansk Regions of Ukraine, or any other country or territory in which sanctions imposed by the United Nations (whether through Security Council or otherwise), OFAC, the EU or FCDO apply, or otherwise pursuant to sanctions imposed by the U.N., OFAC, FCDO, or the EU; (V) will not be engaged in the business of offering illegal or controlled products or services including, without limitation, firearms, explosives, dangerous materials, drugs, pornography, illegal gambling, human trafficking, wildlife trade, products and services derived from endangered or threatened species or other activities which may be considered illegal, dangerous or harmful; and (VI) shall not and will not allow restricted persons to use a virtual private network (e.g., a VPN) or other means to inappropriately/evasively access any of the Services. If you do not meet the aforementioned requirements, you must immediately cease accessing or using the Functionalities; and
acknowledge and agree that use of the Functionalities may carry financial risk. You acknowledge and understand that blockchains and the applications built thereon are inherently risky and highly experimental by their nature and could result in the loss of the full amount supplied. Transactions entered into in connection with the Bittensor, Subtensor, or other blockchains are irreversible and final. You acknowledge and agree that you will access and use the Functionalities at your own risk. The risk of loss in transacting in cryptoassets can be substantial.
ACCESS AND USE; PROHIBITED CONDUCT.
To access the Functionalities, you may be asked to provide certain registration or other information. It is a condition of your use of the Functionalities that all of the information you provide in connection with the Functionalities is correct, current, and complete. You also agree to pay us any applicable fees we may charge in connection with your use of the Functionalities. Fees may change at any time without notice. If you choose or are provided with a username, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Functionalities or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other breach of security. We may suspend or terminate your account and your ability to use the Functionalities or portions thereof for failure to comply with the Terms.
You agree to access, use or otherwise interact with the Services only in an authorized, proper and appropriate manner and in accordance with these Terms and with all Applicable Laws. You agree, in connection with the Functionalities, not to:
violate the Terms;
violate any Applicable Laws or regulations through your access to or use of the Functionalities;
share any information with us or through the Functionalities in violation of any law;
exploit the Functionalities for any unauthorized purpose, or use them in a malicious way that is either illegal or causes negative impact to the network;
modify, distribute, transmit, reuse, report, or use the content or materials of the Functionalities for commercial purposes without the express written consent of TAO.com;
harvest or otherwise collect information from the Functionalities for any unauthorized purpose;
making copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or the Functionalities or any material information contained therein;
use the Functionalities in any manner that could disable, damage or impair them or otherwise interfere with them in any way;
sublicense, sell, or otherwise distribute the Functionalities, or any portion thereof; use any data mining tools, robots, crawlers, or similar data gathering and extraction tools to scrape or otherwise remove data from the Functionalities;
use any manual process to monitor or copy any of the material on the Website or that is included in the Functionalities or for any unauthorized purpose without our prior written consent;
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, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Functionalities, attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Functionalities; or attack the Functionalities via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Functionalities;
seek to circumvent a usage or capacity limit of any of the Functionalities;
defraud any person or entity, including but not limited to providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
violate any applicable law, rule, or regulation concerning the trading of securities, derivatives, or commodities or violates any applicable sanctions or trade embargo laws;
violate any applicable laws or regulations through your access to or use of the Functionalities;
allow restricted persons to use a virtual private network (e.g., a VPN) or other means to inappropriately/evasively access Functionalities;
offer illegal or controlled products or services including, without limitation, firearms, explosives, dangerous materials, drugs, pornography, illegal gambling, human trafficking, wildlife trade, products and services derived from endangered or threatened species, or other activities which may be considered illegal, dangerous or harmful;
use the Functionalities for any purpose that is unlawful;
violate any other applicable law, contract, intellectual property right or other third-party right or commit a tort;
attempt to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any component of the Functionalities, in whole or in part; or
engage in, or attempt to engage in, any manipulative, deceptive, or abusive trading or order-entry practice in connection with any Advanced Order Type (as described above), any token swap accessed through the Functionalities, or other order, including spoofing, layering, quote stuffing, wash trading, or entering orders without a bona fide intent to trade.
In the event that you use a Functionalities in a prohibited manner or for any other reason we determine, in our sole discretion, we may investigate or take any other action we deem necessary, including but not limited to taking action to terminate your ability to use or access the Functionalities or bringing legal action against you if your use or access of the Functionalities results in harm or damage to us, to rectify the prohibited conduct or any consequences resulting therefrom and we may consult and cooperate with law enforcement authorities where and when we deem appropriate or necessary, in our sole discretion.
TERMINATION.
We may, at any time and at its sole discretion, suspend, terminate, deactivate, and delete your access to all or any part of the Functionalities with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; or (ii) you infringe any intellectual property rights of TAO.com or any third party.
We do not have any maintenance, update, or support obligations with respect to any of the Functionalities. You agree that our updates to any of the Functionalities may change the requirements necessary to use such Functionalities, and you agree that in such an event you are responsible for any necessary actions, including but not limited to updating software or hardware to access and use such Functionalities. We are not responsible for any loss or harm related to your inability to access or use any of the Functionalities.
FEEDBACK.
You may voluntarily post, submit or otherwise communicate to us through any means, including through the Website and third-party channels, with questions, comments, suggestions, ideas, original or creative materials or other information in connection with the Functionalities (collectively, “Feedback”). By posting or submitting any Feedback to us, you hereby irrevocably grant to TAO.com a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media and to incorporate the Feedback into other works in any format or medium now known or later developed. You understand that TAO.com may treat Feedback as nonconfidential.
NON-SOLICITATION AND NO PROFESSIONAL ADVICE.
You agree and understand that: (i) transactions that you submit through the Website or the Functionalities are considered unsolicited. You have not received any financial or investment advice from us in connection with such transactions; (ii) all information provided on the Website or the Functionalities is for informational purposes only and should not be construed as legal, financial, investment or tax advice. You should not take, or refrain from taking, any action based on any information contained in any the Functionalities; and (iii) any Bittensor Native Swap you perform, and any transaction you submit through the Functionalities, is likewise unsolicited, and that the availability of the Functionalities and any default or suggested parameters do not constitute investment advice, a recommendation, or a solicitation by us.
SOFTWARE PROVIDER; INFORMATION.
We may provide information about tokens in our Functionalities, including but not limited to warning labels for certain tokens. The provision of informational materials does not constitute an endorsement or solicitation of any tokens. We are not attempting to induce you to make any purchase as a result of information provided to you. All such information provided by us or through any of our functionalities is for informational purposes only and should not be construed as financial or investment advice or a recommendation to purchase any token of any kind. You should not take, or refrain from taking, any action based on any information contained in any of our functionalities. We are a software provider and do not endorse any tokens that are displayed or otherwise made available through the Functionalities. Any fee figure presented before confirmation is an estimate and may vary from the amount actually paid.
DISCLAIMERS AND NO WARRANTIES..
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND THE FUNCTIONALITIES IS AT YOUR SOLE RISK, AND THAT ACCESS TO THE WEBSITE AND THE FUNCTIONALITIES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEITHER TAO.COM NOR ANYONE ASSOCIATED WITH TAO.COM REPRESENTS OR WARRANTS THAT THE FUNCTIONALITIES OR INFORMATION OBTAINED THROUGH THE FUNCTIONALITIES WILL BE ACCURATE, RELIABLE, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR FUNCTIONALITIES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FUNCTIONALITIES OR INFORMATION OBTAINED THROUGH THE FUNCTIONALITIES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET. YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK OR ANY WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, BLOCKCHAIN NETWORK, OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES INCLUDING POTENTIALLY HAVING FUND LOSSES AS A RESULT.
YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU ARE SOLELY RESPONSIBLE FOR STORING, OUTSIDE OF THE WEBSITE AND THE FUNCTIONALITIES, A BACKUP OF ANY ACCOUNT INFORMATION, VERIFICATION INFORMATION, OR OTHER CREDENTIALS, INCLUDING YOUR DIGITAL ASSET WALLET PRIVATE KEYS; AND (II) IF YOU DO NOT MAINTAIN A BACKUP OF YOUR CREDENTIALS AND/OR PRIVATE KEYS OUTSIDE OF THE WEBSITE AND FUNCTIONALITIES, YOU MAY NOT BE ABLE TO ACCESS THE WEBSITE AND THE FUNCTIONALITIES OR THIRD PARTY SERVICES INTEGRATED THROUGH THE WEBSITE OR AVAILABLE THROUGH THE FUNCTIONALITIES INCLUDING, BUT NOT LIMITED TO, CANCELLATION, SUSPENSION, OR TERMINATION OF YOUR ACCESS TO THE WEBSITE OR THE FUNCTIONALITIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES ARISING FROM ANY BITTENSOR NATIVE SWAP OR YOUR USE OF THIRD-PARTY APPLICATIONS OR SERVICES MADE AVAILABLE THROUGH THE FUNCTIONALITIES, INCLUDING ANY NON-EXECUTION, DELAYED EXECUTION, OR PARTIAL EXECUTION, ANY EXECUTION AT A PRICE DIFFERENT FROM ANY EXPECTED OR DISPLAYED PRICE, AND ANY LOSS ARISING FROM PRICE IMPACT, SLIPPAGE, VOLATILITY, LACK OF LIQUIDITY, NETWORK CONGESTION, NETWORK REORGANIZATION, INACCURATE FEE ESTIMATES, FRONT-RUNNING, MEV ACTIVITY, SUBNET DE-REGISTRATION OR TOKENOMICS CHANGES, SMART-CONTRACT FAILURE OR EXPLOIT, OR THE OPERATION OF, OR ANY ERROR, DELAY, OR FAILURE IN, THE BITTENSOR PROTOCOL, OR ANY OTHER BLOCKCHAIN, PROTOCOL, OR THIRD-PARTY SOFTWARE.
You acknowledge and agree that Bittensor Native Swaps may be subject to fees and to network or “gas” fees, including in respect of swaps that do not execute or executes only in part, and that fees for Advanced Order Types and for the other swap functionalities are governed by third-party terms and conditions. To the fullest extent permitted by law, TAO.com shall not be liable for any such fees or for any swap that fails or executes on unfavorable terms as a result of insufficient funds or gas.
INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TAO.com and our licensors, and each of our and their respective employees, officers, directors, agents and representatives (individually and collectively, the “TAO Parties”) from and against all liability for monetary damages, contractual claims of any nature, economic loss (including direct, incidental or consequential damages), loss of income or profits, fines, penalties, exemplary or punitive damages, and any other injury, damage, or harm, including reasonable attorney's fees (collectively, “Damages”) that relate in any way to any demand, claim, regulatory action, proceeding or lawsuit, regardless of the cause or alleged cause, whether the allegations are groundless, fraudulent, false or lack merit and regardless of the theory of recovery (“Claims” and each, a “Claim”) arising out of or relating to: (i) your access to or use of the Functionalities; (ii) violation or§ breach of the Terms or violation of applicable law by you, your customers, users, employees, agents and other associated persons; (iii) a dispute between you and any third party; (iv) your alleged or actual infringement or misappropriation of any third party's intellectual property or other rights; and (v) your Feedback. In the event we receive a third-party subpoena or other compulsory legal order or process associated with Claims described in (i) through (v) above, then, in addition to the indemnification set forth above, you will reimburse us for the time, effort and expenditures we expended responding to such matters at our then-current hourly rates as well as our reasonable attorneys' fees.
If you are obligated to indemnify us, then you agree that we will have the right in our sole discretion, to control any action or proceeding and to determine whether we wish to settle and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of such Claim.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAO.COM AND THE OTHER TAO PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE FUNCTIONALITIES, ANY WEBSITE LINKED TO THEM, ANY CONTENT MADE AVAILABLE IN CONNECTION WITH THE FUNCTIONALITIES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND LOSS OF OTHER ASSETS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TAO.COM AND THE OTHER TAO PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE TOTAL AMOUNT YOU PAID TAO.COM TO USE THE FUNCTIONALITIES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF AN INITIAL CLAIM MADE AGAINST US. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Release.
To the fullest extent permitted by applicable law, you hereby release TAO.com and the other TAO Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, responsibility, liability, claim, controversy, demand, right, action or cause of action of every kind and nature and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), that arises directly or indirectly to, the Functionalities (including any user content, interactions with, or act or omission of, other users of the Functionalities or any third-party websites, links, ads, and advice or feature alerts provided). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
GOVERNING LAW AND FORUM CHOICE.
The Terms – and your use of the Website and the Functionalities – are governed by the laws of the British Virgin Islands, without regard to conflict of laws rules. Any arbitration commenced against us is subject to the Arbitration Rules of the BVI International Arbitration Centre.
DISPUTE RESOLUTION.
Any dispute, claim or controversy arising out of or relating to the Terms, Functionalities, or the breach, termination, enforcement, interpretation or validity of the Terms, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in the British Virgin Islands before one arbitrator. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, THE PARTIES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
NOTICES.
TAO.com may provide any notices to you under these Terms using commercially reasonable means, including public communication channels. Notice provided by using public communication channels will be effective upon posting. You agree that communications and transactions between us may be conducted electronically.
RELATIONSHIP OF THE PARTIES.
Nothing in these Terms shall be construed to create any association, partnership, joint venture, employment, agency relationship, or any other fiduciary relationship between you and TAO.com for any purpose.
ASSIGNMENT.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TAO.com’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. TAO.com may freely assign, transfer, or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.
SEVERABILITY.
Should any part or provision of these Terms be held invalid by any competent court, governmental or administrative authority having jurisdiction, the other provisions of these Terms shall nonetheless remain valid. In this case, you and TAO.com shall endeavor to negotiate a substitute provision that best reflects the economic intentions of you and TAO.com without being enforceable, and shall execute all agreements and documents required in this connection. The same shall apply if and to the extent that these Terms are found to contain any gaps or omissions.
NO WAIVER.
No failure on the part of you or TAO.com to exercise any power, right, privilege or remedy under these Terms, and no delay on the part of you or TAO.com in exercising any power, right, privilege or remedy under these Terms, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Neither you nor TAO.com shall be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of you or TAO.com; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
FORCE MAJEURE.
The failure of TAO.com to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, pandemic, actions of governmental authorities outside of the control of TAO.com (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Terms.
SURVIVAL.
Any provisions of these Terms that by their nature should survive termination (including, without limitation, provisions regarding intellectual property, indemnification, disclaimers, limitation of liability, release, dispute resolution, and feedback) will survive termination.
ENTIRE AGREEMENT.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and TAO.com with respect to the subject matter of these Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warrants, both written and oral, regarding such subject matter.
CONTACT INFORMATION.
If you have any questions or concerns please contact: support@tao.com.