THORChain.org Terms of Use

Introduction

THORChain is a decentralized protocol. No single company or legal entity owns or operates the THORChain protocol. These Terms of Use (the "Terms") are intended to govern your use of the thorchain.org website (the "Site") and swap.thorchain.org user interface (the "Interface") that display or facilitate access to the THORChain protocol. The Site and Interface, as well as any related channels that link to the Terms, are collectively referred to as the "Services".

The Terms do not apply to the THORChain protocol itself, public blockchain networks, wallets, nodes, or other third-party services that you may use in connection with the THORChain protocol. Those services are operated independently and may have separate terms of use.

In the Terms, "we", "us", and "our" refer to the maintainers and promoters of the Services (a community of contributors) and any service providers or affiliates used to operate the Services. This is not a statement that any single entity controls the THORChain protocol.

Please read the Terms carefully. By accessing or using the Services, you acknowledge that you have read, understood, and agree to the Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Eligibility

1.1 Age Requirements

To access or use the Services, you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater). If you are under the applicable age of majority, you may not access or use the Services under any circumstances.

If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that:

• You have the authority to bind that entity to these Terms
• The entity is duly organized and validly existing under applicable law
• You and the entity accept these Terms on behalf of that entity

1.2 Legal Compliance

You are solely responsible for adhering to all laws and regulations applicable to you and your use of the Services. Your use of the Services must not:

• Violate or facilitate the violation of any applicable laws or regulations
• Contribute to or facilitate any illegal activity
• Be used in connection with any criminal or fraudulent activity

1.3 Restricted Persons

By using the Services, you represent and warrant that you are not:

• A citizen, resident, or person located in, or using the Services from, any jurisdiction where such use would be illegal or otherwise violate applicable law
• Subject to economic sanctions or designated on any list of prohibited or restricted parties, including but not limited to lists maintained by the United Nations Security Council, any government authority, or any relevant sanctions body
• Using the Services from a jurisdiction where such use is prohibited

1.4 Prohibited Jurisdictions

The Services are not offered to persons or entities who reside in, are located in, are incorporated in, or have a registered office in any jurisdiction where the Services would be prohibited or restricted. This includes, but is not limited to:

• Jurisdictions identified by the Financial Action Task Force (FATF) as having strategic deficiencies in anti-money laundering (AML) or counter-terrorist financing (CTF) measures
• Jurisdictions subject to comprehensive sanctions programs
• Any jurisdiction where offering, accessing, or using the Services would violate applicable law

We reserve the right to restrict access to the Services from certain jurisdictions at our discretion.

If you are located in or a resident of any restricted jurisdiction, you must not access or use the Services.

1.5 Prohibited Use of Technology to Circumvent Restrictions

You agree not to use any technology, including but not limited to Virtual Private Networks (VPNs), proxies, or other means, to circumvent any geographic, technical, or eligibility restrictions in these Terms.

2. Description of Services

2.1 The THORChain Protocol

THORChain is a decentralized open source protocol that facilitates cross-chain cryptocurrency swaps without the need for wrapped or pegged assets. The protocol operates through:

• Autonomous smart contracts
• Decentralized liquidity pools
• A network of independent pseudonymous node operators
• Cross-chain communication protocols

2.2 Interface Services

The Services provide a user interface that allows you to:

• View and access the THORChain protocol
• Initiate cross-chain swap transactions
• Monitor transaction status and history
• View liquidity pools and pricing information
• Access protocol documentation and information

2.3 Non-Custodial Nature

The Services are non-custodial. This means:

• We do not hold, control, or have access to your funds at any time
• All transactions are executed through your own wallet
• We cannot reverse, cancel, or modify your transactions
• You are solely responsible for the security of your wallet, private keys, and seed phrases

2.4 No Account or Sign Up Required

There is no KYC needed to use the Services.

• We will never ask for a picture ID, phone number, or home address
• We will never ask for your private keys or seed phrases
• Never trust anyone who requests this information

3. Assumption of Risk

3.1 Acknowledgment of Risks

By using the Services, you acknowledge and accept the following risks:

Blockchain and Technology Risks:

• Smart contract vulnerabilities or bugs may result in loss of funds
• Blockchain networks may experience congestion, delays, or failures
• Cross-chain communication protocols may fail or experience errors
• Software bugs or errors may cause unexpected behavior or loss of funds
• Third-party infrastructure may be unreliable or compromised

Market and Financial Risks:

• Cryptocurrency markets are highly volatile and unpredictable
• Digital asset prices can fluctuate dramatically in short periods
• Slippage may occur, resulting in prices different from those displayed
• Liquidity may be insufficient for your desired transaction size
• Impermanent loss may occur when providing liquidity
• Gas fees and transaction costs can be high and unpredictable

Security Risks:

• Cyberattacks, hacking, or malicious activity may target the Services or protocol
• Your wallet or device may be compromised
• Phishing attacks may attempt to steal your credentials or assets
• Transaction data on public blockchains is transparent and permanent

Regulatory and Legal Risks:

• Regulatory frameworks for cryptocurrencies are evolving and uncertain
• Future regulations may restrict or prohibit use of the Services
• Tax obligations related to cryptocurrency transactions are your responsibility
• Legal status of cryptocurrencies varies by jurisdiction

Operational Risks:

• The Services may be unavailable due to maintenance, upgrades, or technical issues
• Third-party services relied upon may fail or become unavailable
• User error may result in irreversible loss of funds
• Technical support cannot reverse transactions or recover lost funds

3.2 No Guarantees

We do not guarantee:

• Continuous, uninterrupted, or secure access to the Services
• That the Services will be free from errors, bugs, or vulnerabilities
• The accuracy, completeness, or timeliness of information displayed
• Successful execution of transactions
• Any particular outcome or result from using the Services
• Protection against losses or risks described in these Terms

3.3 Assumption of Full Responsibility

You understand and agree that:

• You assume all risks associated with using the Services
• You are solely responsible for any losses, damages, or consequences
• You have the knowledge and experience necessary to evaluate the risks
• You will not hold us liable for any losses or damages
• You have conducted your own research and due diligence

4. User Responsibilities and Conduct

4.1 Your Obligations

When using the Services, you agree to:

• Maintain the security and confidentiality of your wallet private keys and seed phrases
• Use the Services only for lawful purposes and in compliance with these Terms
• Provide accurate information when required
• Monitor your transactions and wallet activity
• Accept responsibility for all activities conducted through your wallet
• Comply with all applicable tax obligations

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, rules, or regulations
• Infringe on intellectual property rights or other proprietary rights
• Use the Services for any illegal or fraudulent purposes
• Use the Services to launder money or finance terrorism
• Engage in market manipulation, including wash trading or spoofing
• Attempt to manipulate prices or otherwise interfere with the protocol
• Submit false, inaccurate, or misleading information
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems (bots) to abuse or exploit the Services
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Introduce viruses, malware, or other malicious code
• Reverse engineer, decompile, or disassemble any software
• Extract or scrape data from the Services without permission
• Use the Services in any way that could damage our reputation
• Assist or encourage others to engage in prohibited activities

4.3 Transaction Responsibility

You understand and acknowledge that:

• All transactions initiated through the Services are your sole responsibility
• Transactions on blockchain networks are generally irreversible
• You must verify all transaction details before confirming
• We cannot cancel, reverse, or modify transactions once submitted
• You are responsible for ensuring sufficient funds for transactions and fees
• Errors in recipient addresses may result in permanent loss of funds

4.4 Wallet Security

You are solely responsible for:

• Selecting and maintaining a secure wallet provider
• Safeguarding your private keys, seed phrases, and passwords
• Implementing appropriate security measures for your devices
• Monitoring your wallet for unauthorized activity
• Any loss resulting from unauthorized use of your wallet

5. Intellectual Property Rights

5.1 Interface Code - MIT License

The source code for the Interface is released under the MIT License. You are free to fork, modify, and deploy your own version of the Interface. The complete license terms are available at https://github.com/thorchain/swap.thorchain/blob/main/LICENSE.

5.2 Branding

If you fork the interface:

• Remove or replace all THORChain branding (logos, name, styling) with your own
• Do not imply official endorsement by or affiliation with THORChain
• You may factually state that your interface connects to the THORChain protocol

5.3 Liability for Forks

When deploying a forked version of this interface:

• You are solely responsible for your deployment and compliance with all applicable laws
• You must provide your own Terms of Use and Privacy Policy
• THORChain contributors assume no liability for your modified version or how you operate it

6. Privacy

6.1 Privacy Policy

Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By using the Services, you consent to our collection and use of information as set forth in the Privacy Policy.

6.2 Blockchain Transparency

You acknowledge that:

When you use the THORChain protocol, your transaction data is broadcast to public blockchain networks and becomes permanently accessible to anyone. We have no control over this data once it is recorded on a blockchain.

7. Third-Party Services and Links

7.1 Third-Party Services

The Services may integrate with or rely upon third-party services, including:

• Wallet providers
• Blockchain networks and node operators
• Price data providers and oracles
• Analytics and monitoring tools
• Infrastructure and hosting services

You acknowledge that:

• We do not control third-party services
• We are not responsible for the availability, accuracy, or reliability of third-party services
• Third-party services have their own Terms of Use and Privacy Policies
• We are not liable for any issues arising from third-party services
• Third-party service failures may affect your ability to use the Services

7.2 Third-Party Links

The Services may contain links to third-party websites or resources. We provide these links for your convenience only and do not:

• Endorse or assume responsibility for third-party content
• Make any representations about third-party websites
• Have control over third-party practices or policies

Your interactions with third parties are solely between you and such third parties. We are not liable for any loss or damage arising from third-party interactions.

8. Disclaimers

8.1 "AS IS" and "AS AVAILABLE"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.2 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties of title
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected
• Warranties regarding results or outcomes

8.3 No Financial or Investment Advice

THE SERVICES DO NOT PROVIDE FINANCIAL, INVESTMENT, TRADING, OR LEGAL ADVICE.

• All information is for informational purposes only
• We do not recommend or endorse any particular transaction, asset, or strategy
• You should consult qualified professionals before making financial decisions
• We are not financial advisors, brokers, or investment advisors
• Past performance is not indicative of future results

8.4 No Fiduciary Duty

To the fullest extent permitted by law:

• These Terms do not create any fiduciary relationship
• We do not act as your agent, trustee, or fiduciary
• We owe you no fiduciary duties or obligations
• Any such duties that might exist are hereby disclaimed and waived

8.5 Accuracy of Information

• Pricing and other information displayed may not be accurate or current
• Information may contain errors, omissions, or inaccuracies
• You should verify all information before relying on it
• We are not responsible for information provided by third parties

8.6 No Control Over Protocol

• THORChain is a decentralized protocol not controlled by any single entity
• Protocol behavior is determined by code, smart contracts, and network consensus
• We cannot control, modify, or reverse protocol operations
• Protocol upgrades and changes are determined by community governance

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, CONTRIBUTORS, DEVELOPERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or exemplary damages
• Loss of profits, revenue, data, or use
• Loss of cryptocurrency or digital assets
• Loss of business opportunities or goodwill
• Damages resulting from unauthorized access or use
• Damages resulting from errors, bugs, or vulnerabilities
• Damages resulting from third-party actions or services
• Damages resulting from regulatory or legal actions
• Damages resulting from market volatility or price fluctuations
• Any other losses or damages of any kind

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amount of fees you paid to us in the twelve (12) months preceding the claim, if any; or
• $100.00 USD

9.3 Basis of the Bargain

You acknowledge that:

• These limitations of liability are a fundamental element of the agreement between you and us
• We would not provide the Services without these limitations
• These limitations will apply even if any limited remedy fails its essential purpose

9.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

10. Indemnification

10.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless THORChain and its contributors, developers, affiliates, partners, and service providers, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any applicable laws, rules, or regulations
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights
• Any content or information you submit or transmit through the Services
• Your negligence or willful misconduct
• Any transactions you conduct using the Services
• Any dispute between you and another user
• Your failure to maintain the security of your wallet or private keys

10.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims and not to settle any matter without our prior written consent.

11. Modifications to the Services and Terms

11.1 Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time. Changes will be effective when:

• The revised Terms are posted with an updated "Last Updated" date, and
• You access or use the Services after the posting date

Material changes will be communicated by notice posted on the Services.

11.2 Your Acceptance

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.

11.3 Changes to the Services

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Services at any time
• Impose limits on certain features or restrict access to parts of the Services
• Change, remove, or add fees related to the Services
• Update, upgrade, or alter the functionality of the Services

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

12. Termination

12.1 Termination by You

You may stop using the Services at any time. Due to the decentralized nature of blockchain technology, your transaction history will remain permanently recorded on public blockchains.

12.2 Termination by Us

We reserve the right to:

• Restrict, suspend, or terminate your access to the Services at any time
• Refuse to provide the Services to any person or entity
• Take any of the above actions without prior notice or liability

Grounds for termination or suspension include, but are not limited to:

• Violation of these Terms
• Suspected illegal activity
• Suspected fraudulent activity
• Ineligibility to use the Services
• Risk to the security or integrity of the Services
• Extended periods of inactivity
• For any other reason in our sole discretion

12.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• Provisions of these Terms that by their nature should survive termination will remain in effect
• We are not liable to you or any third party for termination of access
• You remain liable for any obligations incurred prior to termination

12.4 Survival

The following provisions shall survive termination: Assumption of Risk, Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, the parties should attempt to resolve the dispute informally. This informal process is a prerequisite to bringing any formal claim.

You agree that any claim arising out of or related to the Services or these Terms must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

13.2 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, any tribunal may not:

• Consolidate more than one person's claims
• Preside over any form of consolidated, representative, or class proceeding
• Award relief to anyone other than the individual bringing the claim

13.3 Individual Disputes

Any dispute arising out of or relating to these Terms or the Services shall be resolved on an individual basis. Each party waives its right to participate in a class action or class-wide arbitration.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.

14.2 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative.

14.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable or, if that is not possible, shall be severed from these Terms.

14.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction. Any attempted assignment in violation of this provision is void.

14.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Nothing in these Terms shall be deemed to confer any rights or remedies upon any person or entity not a party to these Terms.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather
• War, terrorism, or civil unrest
• Government actions, laws, or regulations
• Network or blockchain failures or disruptions
• Cyberattacks or security breaches
• Labor disputes or shortages
• Pandemics or public health emergencies

14.7 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, employment, or franchise relationship between you and THORChain. You have no authority to bind or represent THORChain.

14.8 Interpretation

• Headings are for convenience only and do not affect interpretation
• "Including" means "including without limitation"
• Singular includes plural and vice versa
• "Or" is not exclusive
• Any ambiguity shall not be construed against the drafter

14.9 Language

These Terms are prepared and executed in the English language. Any translation is provided for convenience only. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.

14.10 Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These communications may include notices about the Services, transactional information, and other information. You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

15. Support

For technical support questions about using the Interface, visit our community support channels linked on the Interface.

Please note: Support is provided on a best-effort basis for technical assistance only. We cannot reverse transactions, recover lost funds, or provide legal, financial, or investment advice.

16. Acknowledgment

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms in their entirety
• You agree to be bound by these Terms
• You understand the risks associated with using the Services
• You are eligible to use the Services under these Terms
• You will comply with all applicable laws and regulations
• You have consulted legal, financial, and tax professionals as appropriate