Acceptance of Terms
Please note the following:
Scope of Use
Modifications to Services
Enzyme may change or modify the Services at any time, without notice. Enzyme will use its best efforts to not materially reduce or eliminate any of the core functionalities of the Services, unless for scheduled maintenance or if we notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of maintenance or changes on our Telegram & Twitter channels.
License Grant from Enzyme
License Grant to Enzyme
Unless otherwise agreed upon by you and Enzyme, any communications or material of any kind that your e-mail, post, or otherwise transmit through the Service, including data, performance, graphs, charts, prices, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant to Enzyme a license to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Enzyme website or elsewhere with no liability or obligation to you. Enzyme is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
Use of the Services
- You agree that while using the Service, You will not engage in any activities that are in violation of any applicable laws of any jurisdiction that applies. You further agree to not offer any interests, tokens, or equity in any fund owned or managed by You to a person who does not qualify to participate or purchase such interests, tokens, or equity in the applicable jurisdiction.
- You agree that you will not: (i) use any electronic communication feature of the Services or any third-party electronic communication provider used by Enzyme for communication purposes, for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the Services for any commercial purpose not expressly approved by Enzyme in writing; (iv) use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such use of the Services. The foregoing provisions of this section are for the benefit of Enzyme, its subsidiaries, affiliates, and agents (which term includes but is not limited to Enzyme’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Enzyme reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever, and you agree that Enzyme will not be liable to your or to any third party for any termination, suspension, or modification to your account.
- Enzyme reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. Enzyme does not control or endorse the third-party content, messages, or information found in the Services. Enzyme disclaims any liability regarding the Services, and any actions resulting from your participation in the Services. Managers and hosts are not authorized Enzyme spokespersons, and their views do not necessarily reflect those of Enzyme.
- You may not license, sublicense, sell, lease, rent or otherwise make the Services available to any third-party.
- You will only invest in a vault or other financial instrument offered through the Services after carefully reviewing and assessing the terms of the investment, including any related private placement memorandum, subscription agreement and organizational documents as well as any information provided through the Services. In connection with any such investment, you will be solely responsible for complying with applicable law regarding any transaction, including without limitation the determination of whether any investor is qualified to invest in the offering, and whether any investment complies with the terms of local law (whether the law of England & Wales or of any foreign government with jurisdiction over you or any investor). You understand that you must retain your own professional counsel as is appropriate to protect your interests, including legal, tax, accounting and other advice.
User Account, Password, Private Key and Security
Electronic (including wired and wireless) communications through the Services may not be encrypted. You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.
You have the option to complete a registration process by providing Enzyme with current, complete, and accurate information as prompted by the applicable registration form. As part of this registration process you may be required to create a password and a username. If you wish to interact with the Services you will be required to connect a digital asset wallet and you represent that You have the requisite authority to connect the digital asset wallet to the Services. You are entirely responsible for maintaining the confidentiality of your digital asset wallet and password and account, if any. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify Enzyme immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD ENZYME LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR DIGITAL ASSET WALLET OR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by Enzyme or another party due to someone else using your digital asset wallet, account, or password. You may not use anyone else’s account at any time, without the permission of the account holder.
If you choose to invest in certain vaults through the Services, you may be required to demonstrate your identity, that you are an “accredited investor” or that you are otherwise qualified to invest in such vaults. In connection with your investment and such a vault, you authorize Enzyme and/or it’s representatives to collect any required information, representations, or supporting documentation and evidence as required by the vault in question, and disclose it in connection with our provision of the Services. This includes, without limitation, disclosure to investment funds or prospective investments you designate, government agencies, or otherwise to comply with applicable law.
By agreeing to these Terms, you warrant that you are at least 18 years old. If you are under 18 years old, you may neither open an account with Enzyme, nor use the Services provided by Enzyme. If Enzyme is notified of the existence of an account for a person under 18 years old, Enzyme will, in its sole discretion, close that account.
Charges and Fees
The Service may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Services may require a one-time payment, continuous subscription payments, or payments based on performance of your fund. You may also be granted limited-functionality or limited-access to certain features, capabilities, functions, or services offered through or by the Services by participating in a trial, demo, or beta test. In no way are you guaranteed access to any part of the Services by participating in any trial, demo, or beta test.
During the course of using the Service you may be required to pay a fee, such as gas charges on the Ethereum network, to perform a transaction. You acknowledge and agree that Enzyme has no control over any transactions, the method of payment of any transactions, or any actual payments of such fees.
In addition to any payments or fees required to access certain features, capabilities, functions, or services offered through or by the Services (“Charge(s)”), you are responsible for paying all applicable taxes and for all third-party hardware, software, service and/or other costs you may incur in order to access or use the Services. Many third-party service providers, such as an Application Programming Interface (“API”) service providers, may charge additional fees for the use of such API which may be required for you to use the Services provided by Enzyme. Enzyme is not responsible for any payments or fees that you may be responsible for by these API third-party service providers, other than what is contained within the payments you make to Enzyme for the Services.
You may terminate your account at any time. You will not receive full or partial refunds for subscription periods that you have purchased. Terminating a subscription for one Charge does not necessarily terminate the right(s) you may have for another Charge or other portion of the Services.
You are solely responsible for any content (e.g., questions or comments or any other information or data) you submit to the Website (“User Content”) or in connection to your use of the Services. To the extent you submit User Content to the Website, you grant to us and to all other users a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such User Content worldwide without restriction or compensation. Any User Content you contribute to the Website becomes public upon your submission of the information. User Content posted in the public areas of the Website may appear in public search results and may be accessed by everyone on the Internet, which you should take into consideration before submitting User Content to the public areas of the Website.
Third Party Service Providers
Enzyme make no representations or warranties about:
a) the uptime, reliability or availability of the Services, or about our Services being completely error-free, as they might go offline or be unreliable for a variety of reasons, including reasons related to updates, problems with communication networks, hardware problems, software problems, bugs, external attacks or other reasons;
b) the correctness of information displayed on our website or through our API, including, but not limited to information about available third party services, information about fees applicable to such third party services, and information about network fees, as such conversion ratios and fees may be subject to changes for a variety of reasons (such as transaction delays, market volatility and sudden network congestion) outside of Enzyme’s control, before, during or even after transactions have been initiated;
c) the legitimacy, availability, suitability for purpose, security or reliability of third party services, as we have no control over such services.
Fiat to Crypto Conversion Services
Use of services provided by Onramper and accessed via Enzyme may allow you to interact and transact with various third parties that offer fiat-to-cryptocurrency conversion services (“Fiat Gateways”).
Onramper is solely a provider of technical infrastructure allowing supply and demand for fiat-to-crypto conversion services to find each other and does not sell cryptocurrencies, does not convert fiat currencies into cryptocurrencies and never acts as a Fiat Gateway itself in any way whatsoever. Neither Enzyme or Onramper are party to any transactions which may occur between End-Users and third-party Fiat Gateways, and Onramper does not take custody of End-User funds at any stage.
Neither Enzyme or Onramper do not and cannot provide customer support of any kind for transactions between Enzyme Users and Fiat Gateways, including, but not limited to, customer support regarding identification procedures and transaction monitoring (Know-Your-Customer and Anti-Money-Laundering procedures), cancellations, refunds and transaction limits. Any contractual agreements, terms, and conditions applicable to transactions between End-Users and third-party Fiat Gateways are governed by the relevant agreement(s) in place between End-Users and third-party Fiat Gateways.
As neither Onramper or Enzyme are a party to transactions between End-Users and Fiat Gateways, neither Onramper or Enzyme can not and do not make any representations or warranties of any kind with regards such transactions or the services provided by Fiat Gateways.
Links to Other Websites
The Website may contain links or other connections to websites operated by third parties. We are not responsible for such websites. Our inclusion of such links should not be construed as an endorsement of the material on such websites. You agree that your use of the Website to link to a third-party website is at your own risk, and that you will review and comply with any terms or privacy policies that pertain to such third-party websites.
You are solely responsible for your interaction with other Users on the Website. While we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, then you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with such dispute.
No Investment Advice or Recommendations
The information provided on the Enzyme website does not constitute investment advice, financial advice, trading advice, or any other sort of information a User should rely on before making an investment decision. Enzyme does not conduct any due diligence on behalf of Users with respect to any investment funds, related offering materials, or underlying investment instruments available through the Services. Users should not treat the information contained on the Enzyme website as such. Users must conduct their own due diligence and research prior to making an investment.
Although Enzyme may provide information relating to potential investments and opportunities to buy or sell securities, you should not construe any market information, features, tools, or other content available through the Enzyme Service as legal, tax, investment, financial or other advice. Nothing contained in the Enzyme Service or any other content on the Enzyme website constitutes a solicitation, recommendation, endorsement, or offer by Enzyme to buy or sell any securities or other financial instruments. You understand that Enzyme is not the source of the market information, offering materials, or other such information and does not warrant its accuracy, and does not recommend or endorse any fund using the Services. You understand that the information available is to be used at Your own risk.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Enzyme Service, the Enzyme website, or any related service before making any decisions based on market information or content. In exchange for using the Enzyme Service, you agree not to hold Enzyme, its agents liable for any possible claim for damages arising from any decision you make based on information made available to you through the Enzyme Service, the Website, or any related service.
Unless pursuant to a separate agreement with a particular fund offered through the Services, are not responsible for verifying that that any User is accredited, is qualified to invest in a particular or any, or otherwise authorized or appropriate to invest in you, or for determining whether any use of the Services constitutes a general solicitation of securities under the securities laws of the United States, or the laws of any state or other jurisdiction, including foreign jurisdictions.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, LOSS OF ACCESS, UNAVAILABILITY, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE SERVICES AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Governing Law; Arbitration
Limitation of Liability
IN NO EVENT SHALL ENZYME BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL ENZYME BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ENZYME OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SERVICES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ENZYME. ENZYME AND ITS AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD-PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ENZYME AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD ENZYME RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Enzyme and its agents, council members, distributors and other partners is limited to the greatest extent allowable under applicable law in those jurisdictions.
Digital Millennium Copyright Act
If you believe that any content infringes any of your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information in writing as outlined in 17 U.S.C 512(c)(3).
You acknowledge that if you fail to comply with all of the requirements of 17 U.S.C. 512 (c)(3), your DMCA notice may not be valid.
The term Enzyme, along with any associated logos, are trademarks of Enzyme, all rights reserved. All other trademarks appearing on the Enzyme Website or within the Services are the property of their respective owners.