These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the products and services provided by FumeX AG ("Fume", "we", "our", or "us"). The products and services provided by Fume shall include but not be limited to app.fume.finance (the "Interface" or "App") and any other related services that link to this Agreement (together with the Interface and App, the "Products").
By accessing or using any of the Products, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use our Products.
To access or use any of our Products, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement.
You further represent that your use of our Products will comply with all applicable laws and regulations, and that you will not use our Products to conduct, promote, or otherwise facilitate any illegal activity.
1.1 The Interface
The Interface provides access to a decentralized platform that operates on public blockchains, allowing users to interact with smart contracts for fund management and other blockchain-based functions. Fume does not control or operate the underlying smart contracts. Fume merely provides a user interface for accessing blockchain protocols.
1.2 Wallet Integration
To access the Interface, you must use a non-custodial wallet software that allows you to interact with public blockchains. Fume does not have custody over the contents of your wallet and cannot retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by this Agreement.
2.1 Modifications of this Agreement
We may modify this Agreement at any time. If we make any material modifications, we will update the date at the top of this Agreement and notify you by posting a notice on our website. All modifications will be effective when posted, and your continued use of our Products constitutes acceptance of those changes.
2.2 Modifications to Products
We reserve the right to modify, substitute, or eliminate any of our Products at our discretion, with or without notice.
3.1 Ownership
All rights, title, and interest in the Products and their respective contents (including but not limited to software, text, images, trademarks, service marks, copyrights, and patents) are owned by Fume or its licensors. Subject to this Agreement, Fume grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Products.
3.2 Restrictions
You agree not to use, copy, modify, distribute, tamper with, reverse engineer, disassemble, or decompile any part of our Products for any purpose other than as expressly permitted by this Agreement.
4.1 Prohibited Activities
You agree not to engage in or attempt to engage in any of the following prohibited activities:
4.2 Compliance
Your use of our Products may be subject to tax or regulatory obligations in your jurisdiction. You are solely responsible for compliance with applicable laws and for reporting and remitting any applicable taxes.
5.1 Assumption of Risk
You acknowledge that using blockchain and cryptographic systems, including those supported by Fume’s Products, involves various risks, including but not limited to high volatility, hacking, and loss of digital assets. Fume is not responsible for any losses you may incur as a result of using the Products.
5.2 No Warranties
Our Products are provided "as is" and "as available," without warranties of any kind. Fume disclaims all warranties, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Under no circumstances will Fume or its affiliates be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or use, arising out of your use of the Products.
You agree to indemnify and hold harmless Fume and its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Products or your violation of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Locarno, Switzerland.
For any questions or concerns about this Agreement, please contact us at:
FumeX AG (CHE-342.025.757)
c/o Constance Grimaud SA, Casella Postale 763, Passaggio del Naviglio Vecchio
46600 Locarno, Switzerland