Terms of Use

Welcome, and thank you for your interest in L2FI Foundation Limited (“Affluent” “we”, or “us”) and our website at https://www.affluent.org (the “Site”) together with web and mobile applications (the “Apps”). These Terms of Use are a legally binding contract between you and Affluent regarding your use of theSite or the Apps. Please read the following terms carefully before using the Site or the Apps. By using the Site or the Apps, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (together, the “Terms”). If you are not eligible,or you do not agree to the Terms, then you do not have our permission to use the Site or the Apps.

Eligibility

You shall not be persons, residents or entities of any country where, by law, the services provided by this Site or the Apps are prohibited. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least the age of majority in your jurisdiction (e.g. eighteen years old); and (b) your use of the Site or the Apps is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. Additionally, by using the Site or the Apps, you represent and warrant that you are not subject to sanctions by the United States, and are not a citizen or resident of a state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Site or the Apps would be illegal or otherwise violate any domestic or foreign law, rule, statute, or regulation. We may suspend, restrict or terminate your access to any or all of the features on the Site or the Apps, and/or block or bar any transactions of yours if: (a) we are so required by a subpoena, court order, or binding order of a government authority, or under any applicable laws and regulations; (b) you breach these Terms including without limitation to conducting any prohibited activities under these Terms; (c) we determine to do so for any legal or regulatory reasons at our sole discretion.

Purchases

Payment: Purchases of any merchandise are facilitated through a third-party service provider. We may provide such service providers with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service. Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason. Returns: You acknowledge and agree that goods produced for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final. Waiver: Your purchase of an item constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

Modifications to the Terms

We reserve the right, in our sole discretion, to modify the Terms at any time. If we make changes, we will provide you with notice of such changes by providing a notice through the Site or the Apps or updating the date at the top of these Terms. Unless we say otherwise in our notice, any modifications are effective immediately, and your continued use of the Site or the Apps will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Site or the Apps.

Modifications to the Site or the Apps

We may, at our sole discretion, at any time and with or without prior notice to you, modify, suspend or disable, temporarily or permanently, the Site or the Apps, in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident. We will not be liable for any losses suffered by you resulting from any modification to the Site or the Apps or from any suspension or termination, for any reason, of your access to all or any portion of the Site or the Apps. All of these Terms will survive any termination of your access to the Site or the Apps regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive.

Restrictions

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access to or use of the Site or the Apps: Intellectual Property Infringement - Activity that infringes or violates any person or entity’s copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law. Cyber attack - 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. Fraud or Misrepresentation - Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another. Market Manipulation - Activity that violates any applicable law, rule, or regulation concerning the integrity of markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading. Securities and Derivatives Violations - Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives. Any Other Unlawful Conduct - Activity that violates any applicable law, rule, or regulation of the relevant jurisdiction.

Ownership

The Site and the Apps are owned and operated by Affluent. We or our licensors retain all right, title, and interest in and to the Site, the Apps and their content(the “Content”) and any trademarks, logos, or service marks displayed on the Site, the Apps or in the Content (the “Marks”). The Site, the Apps, the Content, and the Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by Affluent you may not make use of the Site, the Apps, the Content, and the Marks.

Custody and Control of Digital Tokens

You have full custody and control of the digital tokens in your digital wallets at all times. We do not custody your digital tokens and do not have access to, or retain the electronic private key of your digital wallet. As the owner and custodian of the digital tokens in your digital wallets, you shall bear all risk of loss of such digital tokens. You understand that Affluent is not registered or licensed by the Commodity Futures Trading Commission, Securities and Exchange Commission, Financial Crimes Enforcement Network, or any financial regulatory authority, and that no financial regulatory authority has reviewed or approved the Site or the Apps. You further understand that Affluent is not acting as an investment adviser or commodity trading adviser to any person, does not offer securities services, and that the contents of the Site or the Apps do not constitute advice or recommendations concerning any commodity, security or other asset.

Risks Associated with Digital Tokens

Fees and Price Estimates

In connection with your use of the Site or the Apps, you are required to pay all fees necessary including “gas” costs as well as all other fees reflected on the Site or the Apps at the time of your use of the Site or the Apps. Please note that the fee information we provide reflects our estimates of fees and it may vary from the actual fees paid to use the service.

Taxes

It is your sole responsibility to fulfill your tax obligations that apply to your transactions conducted on the Site or the Apps. You should withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We make reasonable efforts to make your transaction history available through your account but we make no representation about the completeness or accuracy of that information.

Privacy

You may upload information to the Site or the Apps. In addition, we may collect registration and other information about your use of the Site or the Apps. You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, transmit, distribute and otherwise exploit all information that you upload and all information that we collect internally or externally in any way in aggregate or anonymous format or otherwise in conformity with our Privacy Policy. We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Interface. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the Interface. We do not retain the information we collect any longer than necessary for these purposes.

Links and Third Party Content

The Site may contain links to third party products, services, websites, web and mobile applications. We exercise no control over the third party products, services, websites, web and mobile applications and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, websites, web and mobile applications. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, websites, web and mobile applications. Additionally, if you follow a link or otherwise navigate away from the Site or the Apps, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party websites to which you navigate to from the Site or the Apps.

Disclaimer of Warranties

Your use of the Site, the Apps and the Content is at your sole risk. The Site, the Apps or the Content is provided on an “AS IS” and “AS AVAILABLE” basis. Affluent expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the Site, the Apps or the Content, and you rely on the Site, the Apps, or the Content at your own risk. Any material obtained through the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the Site. No advice or information, whether oral or written, obtained by you from Affluent or through or from the Site will create any warranty not expressly stated in these Terms. However, Affluent does not disclaim any warranty or other right that Affluent is prohibited from disclaiming under applicable law.

Release of Claims

You expressly agree that you assume all risks in connection with your access and use of the Site. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Site.

Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Site; (b) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Site with your assistance or using any device or account that you own or control.

Limitation of Liability

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Site, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Site; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Site, or US$100.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these TermsTerms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

No Investment Recommendations or Financial Advice Provided

No aspect of the Site or the Apps is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any content on the Site or the Apps to be a substitute for professional financial advice. If you choose to engage in transactions based on content on the Site or the Apps, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility. Affluent does not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever. You are solely and exclusively responsible for determining whether any investment, or strategy, or any other service is appropriate or suitable for you based on your investment objectives and personal and financial situation. Any past performance indicated on the Site or the Apps is not indicative of future results. Anyone investing should be able and prepared to bear a loss of his or her entire investment.

Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to contact@affluent.org so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below. Any claim or controversy arising out of or relating to the Site, these Terms, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ('Dispute'), shall be finally and exclusively settled by arbitration in Singapore in accordance with the Arbitration Rules of The Singapore International Arbitration Centre and under the law of Singapore. The language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding upon both parties concerned.

Class Action and Jury Trial Waiver

You shall bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

General Terms

These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Affluent regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Site, will be governed by and construed and enforced in accordance with the laws of the Singapore, as applicable, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

Privacy Policy

This Privacy Policy describes the manner in which L2FI Foundation Limited (“Affluent”, “we”, or “us”) and our website at https://www.affluent.org (the “Site”) or our Apps use and collect data from individuals. This Privacy Policy, which is incorporated into and is subject to the Affluent Terms of Use, describes the information that we gather from individuals on the Site or the Apps, how we use and disclose such information, and the steps we take to protect such information.

The only information we collect from individuals is blockchain wallet address, transaction data, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens that you execute any type of transaction, and the information agreed to provide in advance. We do not collect any personal information from individuals. We may, however, use third-party service providers which may receive or independently obtain individuals’ personal information. We do not control how these third parties handle individuals’ data and individuals should review their privacy policies to understand how they collect, use, and share personal information.

We implement a variety of security measures to maintain the safety of personal information when individuals enter, submit, or access personal information.

We use cookies to understand and save preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Site or Apps visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

We use cookies to understand and save preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Site or Apps visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

We do not sell, trade, or otherwise transfer to outside parties personally identifiable information. This does not include trusted third parties who assist us in operating our Site or Apps, conducting our business, or servicing, so long as those parties agree to keep this information confidential. We may also release individuals’ information when we believe release is appropriate to comply with the law, enforce our Privacy Policy, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Occasionally, at our discretion, we may include or offer third party products or services on our Site or Apps. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

This Privacy Policy applies only to information collected through our site and not to information collected offline.

By using our Site or Apps, you consent to our Privacy Policy.

If we decide to change our Privacy Policy, we will post those changes on this page.