Last Updated: January 9, 2025
BY ACCESSING OR USING TRAILHEAD'S SOFTWARE, SMART CONTRACTS, WEBSITE, OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICES"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
By using Trailhead's Services, you expressly acknowledge and assume all risks associated with decentralized finance ("DeFi") protocols, blockchain technology, digital assets, and smart contracts. These risks include, but are not limited to:
You acknowledge that smart contracts are experimental technology. Smart contracts may contain bugs, vulnerabilities, or errors that could result in the partial or total loss of your funds. Smart contracts are immutable once deployed and cannot be modified to recover lost funds. You assume all risk of loss resulting from any smart contract failure, exploit, hack, or malfunction.
You acknowledge that USD-denominated assets, including but not limited to USDC, USDT, DAI, and any other USD-denominated assets interacted with through Trailhead's Services, may lose their peg to their intended reference value. A depeg event could result in significant or total loss of value. You assume all risk associated with USD-denominated asset price instability, depeg events, or failure of asset issuers.
You acknowledge that the market value of any digital asset, token, or cryptocurrency that Trailhead's smart contracts interact with may decrease substantially or become worthless. Market conditions are volatile and unpredictable. You assume all risk of loss resulting from decreases in market value of any assets held, sent, or interacted with through the Services.
You acknowledge that assets interacted with through Trailhead's Services may experience reduced liquidity or become illiquid. Illiquidity may prevent you from withdrawing, selling, or transferring your assets at desired prices or at all. You assume all risk associated with liquidity constraints, including inability to exit positions.
You further acknowledge and assume all other risks associated with using the Services, including but not limited to:
TRAILHEAD, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OF FUNDS, REGARDLESS OF THE CAUSE OR CIRCUMSTANCES.
Trailhead expressly disclaims all liability for any losses, damages, costs, or expenses arising from or related to:
This disclaimer of liability applies to all claims, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if Trailhead has been advised of the possibility of such damages.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRAILHEAD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Trailhead does not warrant that:
You agree to indemnify, defend, and hold harmless Trailhead, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services or your violation of these Terms.
Nothing in the Services constitutes financial, investment, legal, or tax advice. Trailhead does not recommend any particular investment strategy or course of action. You are solely responsible for evaluating the merits and risks of any transaction and should consult with qualified professionals before making any financial decisions.
Trailhead is a software infrastructure provider. Trailhead does not effect securities transactions, route orders, provide custody, or act as broker, dealer, exchange, or investment adviser. Users interact directly with third-party protocols through smart contracts. Users initiate and sign transactions to interact with smart contracts. Certain smart contract functions, such as redemptions, may be executed by any party but funds are returned only to the user's wallet. No order routing, no execution discretion, no custody.
Trailhead assumes no regulatory responsibility in any jurisdiction in which its clients utilize its software.
There may be additional policies, procedures, and/or licenses that a client would need to obtain in order to lawfully use the Services in their jurisdiction. You are solely responsible for determining and complying with all applicable laws, regulations, and licensing requirements in your jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of Samoa, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Services shall be resolved exclusively in the courts of Samoa.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms constitute the entire agreement between you and Trailhead regarding your use of the Services and supersede all prior agreements and understandings.
BY USING TRAILHEAD'S SERVICES, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES.