Project type: Onchain Insurance

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Resources & Policiesmode#### Audited by
TwitterDiscordGithubMedium### Terms and Conditions
Last updated: March 7th, 2023
### 1. SCOPE OF APPLICATION
These Terms and Conditions ("T&Cs") of Elusiv Verein, Gotthardstrasse 26, 6300 Zug, Switzerland ("Elusiv") apply to (i) the use of Elusiv's website elusiv.io ("Website"), (ii) the user interface and software made available on the Website as a service ("Software") and (iii) all other services provided via the Website. The provision of and access to Software and Website and all services related thereto are referred to as "Services" of Elusiv.
With the Software, Elusiv provides a user interface (UI) to enable the User to execute privacy friendly Transactions (as defined below) on the Blockchain (as defined below) using the Elusiv Protocol (as defined below). The execution of the Transactions, the operation of the Blockchain and the operation of the Elusiv Protocol are not part of the Services. The provision of the Software by Elusiv is intended to protect the User's privacy for everyday transactions and the Software shall not be used in connection with anti-money laundering, terrorist financing or any other unlawful purposes.
Terms and conditions of the User shall not apply, even if Elusiv has not expressly objected to their application in individual cases.
By clicking the respective button before connecting his/her Wallet to the Website, the User accepts the T&C in a legally binding manner. By using the Services offered via the Website, the User confirms that he/she has read the T&C and fully agrees to them. Should this not be the case, the use of the Website and the Services by the User is not permitted.
In these T&Cs, the following terms shall have the meanings assigned to them herein:
1. "Applicable Law" means all laws, rules, treaties, regulations and administrative orders applicable to the User using the Services.
2. "Blockchain" means the Solana blockchain.
3. "Crypto Assets" means digital assets, representing any kind of digital values that are based on the Blockchain, commonly referred to as tokens or coins.
4. "Elusiv Protocol" means smart contracts, i.e., automated and self-executing computer codes, which hold and transfer Crypto Assets on the Blockchain in a privacy friendly way, which were developed by Elusiv but which are neither operated nor controlled by Elusiv.
5. "Private Key" is a cryptographic key necessary to dispose of Crypto Assets which proves ownership of Crypto Assets.
6. "Transaction" means a transaction on the Blockchain which is executed by the User via his/her Wallet using the Elusiv Protocol and for which the Software prepares transaction data.
7. "User" means a person or legal entity entering into these T&Cs with Elusiv.
8. "Wallet" means software or another system that allows the Users to manage their Private Keys and to dispose of Crypto Assets assigned to them.
### 3. USER REQUIREMENTS
3.1 The User assures and warrants that the User has the right, authority and capacity to enter the T&Cs on behalf of himself/herself or the entity which the User represents.
3.2 The offer of the Software is directed exclusively at and the use of the Services is only permitted to (i) natural persons who have reached the age of eighteen (18) or (ii) legal entities.
3.3 The User requires a state-of-the-art internet browser and an internet connection to use the Software. The User shall be obliged to keep his/her browser and the device used to access the Website up to date.
3.4 The User shall not access or use the Services if the User is prohibited from doing so, whether by Applicable Law or under these T&Cs.
### 4. FUNCTIONALITIES OF THE SOFTWARE
4.1 The Software prepares transaction data in order to enable the User to execute anonymized Transactions on the Blockchain via his/her Wallet using the Elusiv Protocol. The Software does not interact with the Wallet, i.e., the Software does not transfer any Crypto Assets or execute Transactions. The features of the Software are further described on the Website.
4.2 Elusiv does not buy, sell, transfer, hold or receive Crypto Assets from, to or of the User. All Transactions which Users execute by using their Wallets are transactions from or to the Elusiv Protocol to or from the User. The transactions are not routed via the Software and the Software does not play a role in the interaction between the User and the Elusiv Protocol. Elusiv does not control or otherwise influence and therefore is not responsible for the Elusiv Protocol.
4.3 Elusiv makes available the Software, but Elusiv does not itself provide the anonymization of Transactions and assumes no responsibility for the anonymizations.
4.4 The Software does not store or otherwise process any Crypto Assets and does not function as a Wallet.
4.5 Elusiv does not offer or provide any investment advisory or brokerage services in connection with the Services or Software and does not offer or provide any investment advice, tax advice or legal advice.
### 5. PROVISION OF THE SOFTWARE, LICENSES
5.1 The Software is provided as a service (SaaS) via the Internet and Elusiv makes the Software available for use by Users via the Website. The Software is not delivered to the User and no rights to receive Software, whether as source code or object code, are granted. Elusiv grants to the User a simple (non-exclusive), non- transferable, non-sublicensable right to access and use the Software via the Internet in accordance with these T&Cs.
5.2 For the avoidance of doubt: The User does not receive the right to read, receive or edit the Software.
5.3 The entire content of the Services, including but not limited to Elusiv's logo and all designs, texts, graphics, images, information, data, software, sound files, other files as well as their selection and arrangement is and remains the property of Elusiv, affiliated entities, or third-party licensors. Elusiv reserves all rights not expressly granted herein.
5.4 Elusiv reserves the right to adapt, improve, expand, change, modify and delete the Services and/or the Software in whole or in part on an ongoing basis to improve the User's experience or for other business purposes. Elusiv further reserves the right to discontinue the Services, any feature of the Software or any portion thereof at any time at Elusiv's sole and reasonable discretion.
5.5 In the event that the Software is expressly provided for testing and evaluation purposes only, the User acknowledges that the Software may not operate with full functionality.
5.6 The User acknowledges that all enhancements provided by Elusiv are the sole property of Elusiv or third parties, even if they result from requests or reports from the Users, and the User has no rights to any requests or reports made. By submitting feedback, the User agrees that Elusiv is free to use such feedback at its discretion and without additional compensation to the User and to disclose such feedback to third parties (whether on a non-confidential basis or otherwise).
5.7 Elusiv shall enable the use of the Software within the framework of the current state of the art. Elusiv reserves the right to temporarily restrict access to the Software or the possibility of using it in whole or in part if this is necessary due to capacity limits or the security or integrity of the Services or in order to carry out technical measures that serve the proper provision or improvement of the Software (e.g., for maintenance work).
5.8 Elusiv is not obliged to provide updates or upgrades for the Software or to adapt the Software in any other way to possible changes in hardware and/or software (in particular operating systems).
### 6. USER'S WALLET
6.1 The User requires a Wallet for use of the Software. Elusiv does not offer a Wallet to Users and is not obliged to do so. The User must ensure that a Wallet has the necessary compatibility with the Blockchain. Elusiv does not recommend particular Wallets, the User should do his/her own research.
6.2 The use of the Software requires the User to connect the Wallet to the Software.
6.3 The User shall ensure that he/she treats the Wallet, associated passwords, access data, the Private Key and any recovery identifiers (seeds) (together and individually the "Wallet Access Data") confidentially and that the Wallet Access Data, insofar as the User has access to them, are secured against access by third parties by means of appropriate technical and organizational measures.
6.4 The User is aware that anyone who has access to the Wallet Access Data may misuse the Wallet. The User must at any times store Wallet Access Data in a secure manner and shall prevent any exposing of Wallet Access Data while entering the Wallet Access Data. If the User gains knowledge of or could have known that another person has access to Wallet Access Data, the User shall immediately change the Wallet Access Data concerned or secure the respective Crypto Assets.
6.5 The User bears sole responsibility for the Wallet and the Wallet Access Data. The User is aware that the loss of control over the Wallet may lead to the loss of Crypto Assets, or to the rights to a Crypto Asset no longer being able to be proven and that Crypto Assets can no longer be disposed of.
6.6 Elusiv has neither access to nor influence on the Wallet, Wallet Access Data or Crypto Assets of the User. Elusiv therefore bears no responsibility whatsoever for the Wallet and the User's Crypto Assets. In particular, Elusiv is not able to recover access to Crypto Assets if the User loses the Wallet Access Data.
6.7 The User is solely responsible for all actions taken by his/her Wallet connected to the Software, whether authorized by the User or not. Due to the non-custodial and decentralized nature of the Blockchain and the Elusiv Protocol, Elusiv is no intermediary, agent, advisor or custodian, and has no fiduciary relationship or obligation to User regarding any decision or activity of User using the Services.
### 7. OBLIGATIONS OF THE USER
1. reverse engineer, decompile, disassemble or otherwise attempt to discover any source code, object code or underlying structures, ideas, know-how or algorithms relevant to the Services, Software or data associated with the Services, disassemble or otherwise attempt to discover any of its components;
2. make any modifications to the Services or Software, create any translations of the Services or Software, or create any derivative works based on the Services or Software;
3. use the Services or Software for the benefit of any third party in violation of the T&C;
4. take any measures aimed at circumventing technical protection measures of the Software or the Services and to refrain from any form of unauthorized use of the Software or the Services, in particular attempts to overcome or circumvent the security mechanisms of the Software or to disable them in any other way, to use computer programs that enable the automatic reading of data, as well as to use/implement and/or disseminate viruses, scripts, trojan horses, worms, malware, timebombs, brute force attacks, spam, or other harmful components, programs or procedures that are suitable to harm Elusiv, the Software and/or other Users;
5. use the Software or the Services for money laundering, terrorism financing, tax or sanctions evasion or other illegal activities and, in particular breach section 16 (Prevention of money laundering, terrorist financing and violations of financial sanctions);
6. engage in or promote illegal activities, in particular fraudulent activities;
7. use the Services or the Software improperly or against the Applicable Law of the country in which the Software is provided or used;
8. use the Services or the Software in any jurisdiction or country if that use would subject Elusiv to any requirement of registration or authorisation in such jurisdiction or country; or
9. use, employ or operate bots or other forms of automation, or any techniques to modify your internet protocol address (including use of a Virtual Private Network (VPN)) or otherwise circumvent the above restrictions, when using the Software.
7.2 The User shall take all necessary and reasonable steps to prevent or limit any damage caused by the use of the Software.
7.3 The User bears sole responsibility for the payment of taxes incurred by the User in connection with the use of the Software. The User is aware that exchanging or trading Crypto Assets may constitute taxable income under the applicable tax legislation. Users are strongly advised to contact the
### 8. TRANSACTION THRESHOLD
1. The amount of Transactions per month per User shall be restricted to the equivalent of CHF 8.000,00 ("Transaction Threshold").
2. The User shall not exceed the Transaction Threshold in any month and shall not try to circumvent it, e.g., by using several Wallets. Elusiv reserves the right to implement technical measures and monitoring to ensure the User's compliance with the Transaction Threshold.
1. The User shall pay 0% of the amount of a Transaction, including applicable VAT, to Elusiv ("User Fee"). The Elusiv Protocol executes this payment automatically.
2. Apart from the User Fee for the use of the Software, the use of the Services and the Website is free of charge.
### 10. CONSEQUENCES OF MISUSE
1. If there is a reasonable suspicion that the User is creating a risk or possible legal liabilities or not acting in accordance with the T&Cs, Elusiv may limit, suspend, or terminate the access to the Services, or portions thereof, and/or take technical and legal steps to prevent the User from accessing or using the Services, in particular, but not limited to, a case of:
1. a breach of section 3.2 and 3.4 (User requirements);
2. a breach of section 7.1 (Prohibited Use);
3. a breach of section 8.2 (Transaction Threshold); or
4. a breach of section 16 (Prevention of money laundering, terrorist financing and violations of financial sanctions).
3. This shall be without prejudice to further legal remedies available to Elusiv under Applicable Law, including, without limitation, the initiation of civil and criminal proceedings and claims for damages by Elusiv against the User.
1. To the fullest extent permitted under Applicable Law, any and all guarantees and warranties with respect to the Software and/or the Services, either express or implied (including any implied warranties of merchantability, fitness for a particular purpose, security and non-infringement), are hereby excluded.
2. The Software is provided "as is," with all faults, defects, bugs, and errors. Elusiv is not obliged to remedy any specific defects. Instead, Elusiv shall be entitled but not obliged to make available an updated version of the Software to remedy defects. The User shall be obliged to use the most up-to-date version of the Software at all times.
3. Elusiv neither warrants nor guarantees that Elusiv will continue to provide the Services indefinitely. Any promises to the contrary purported to be made by Elusiv's employees or otherwise on behalf of Elusiv are invalid.
4. Elusiv does not give any warranty of any kind regarding the execution of any Transactions or the performance of the Elusiv Protocol or the interactions of the User with the Blockchain.
5. When a new version of the Software is released, all previous versions will lose their validity and will be overwritten by the update. These T&Cs shall govern any update and upgrade that replaces or supplements the original Software.
12.1 The User can terminate the agreement between the User and Elusiv for use of the Services in accordance with the T&Cs (the Agreement) at any time by disconnecting his/her Wallet from the Software.
12.2 Elusiv may terminate the Agreement at any time without notice by suspending the Services and ceasing to offer and/or support the Software or a part thereof.
12.3 Without prejudice to the foregoing provisions, either Elusiv or the User may terminate the Agreement for good cause. A good cause on Elusiv's side shall be, in particular, but not limited to, if one or more of the following events occur:
1. a breach of section 3.2 and 3.4 (User requirements).
2. a breach of section 7.1 (Prohibited Use).
3. a breach of section 8.2 (Transaction Threshold).
4. a breach of section 16 (Prevention of money laundering, terrorist financing and violations of financial sanctions).
5. Elusiv is required by law or order of an authority or court to terminate the provision of the Services, for example because a financial supervision authority or another authority or a court demand Elusiv to terminate the provision of the Services.
6. Elusiv is unable to operate the Services for an extended period of time for reasons beyond Elusiv's control.
7. The provision of the Services becomes otherwise impossible or economically unreasonable for legal or factual, in particular technical, reasons.
12.4 The User acknowledges that a termination of the Agreement does not affect (i) the Wallet, (ii) the Blockchain or (iii) the User's Crypto Assets.
13.1 The User acknowledges that legal regulations in the areas of blockchain-based services, cryptocurrencies and Crypto Assets may change and that new regulations or guidelines may develop. New or changing regulations or interpretation of existing laws and regulations may adversely affect the qualification and/or transfer and/or viability and/or value of Crypto Assets and the Services in the future and Elusiv's future development solutions. Elusiv shall not be liable for any losses that the User may incur as a result of such possible developments and the consequences, if any, thereof for Elusiv, Crypto Assets and/or their benefit and value, if any.
13.2 Elusiv shall not be liable for any damage arising from facts based on use contrary to these T&Cs or unauthorized modifications of the Software and/or the Services by the User or third parties.
13.3 Elusiv's liability is limited to intent and gross negligence.
13.4 Elusiv shall not be liable for any indirect or consequential damages, loss of profits, loss of use, business interruption, loss of goodwill or loss of data, nor for any punitive or exemplary damages.
13.5 The above limitations of liability also apply in the case of the fault of a vicarious agent of Elusiv as well as for the personal liability of the organs, employees and representatives of Elusiv.
The User shall indemnify Elusiv against any claims made by third parties based on an infringement of rights attributable to the User, or any third party’s access to and use of the Services and/or Software using any device or account that the User owns or controls.
### 15. RISK INFORMATION
15.1 Elusiv does not owe any advice to the Users with respect to the Software, transactions of Crypto Assets or functions of the Blockchain and Elusiv Protocol. Any decisions on how to interact with the Elusiv Protocol and/or the Blockchain shall be made by the User on his/her own responsibility. Elusiv cannot and will not provide the User with any binding information on future price developments, tradability, market developments or similar economic forecasts. All information on usage options and the Crypto Assets, in particular information on price developments, serve informational purposes only and are general comparative values which do not relate to the price development of the specific Crypto Asset. They are non-binding indicators. Elusiv gives no assurance or warranty with regard to forward-looking statements.
15.2 The Blockchain on which the Elusiv Protocol is deployed is based on open-source software, which means that anyone can use, utilize, and build on top of it and that the underlying Blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as "forks".
15.3 Transactions on the Blockchain may be subject to Blockchain-based fees, such as those commonly referred to as "transaction fees". Such Blockchain-based fees are the responsibility of the User and cannot be influenced by Elusiv.
15.4 The User is aware that Elusiv cannot control or influence the transaction of the User's Crypto Assets. Transactions and storage of Crypto Assets in the Blockchain is processed by participants of the Blockchain. Due to the lack of control and influence, Elusiv is therefore not responsible for the existence, security or maintenance of the Blockchain and in particular bears no responsibility for the functioning or availability of the Blockchain, the Elusiv Protocol or Crypto Assets. In the event of a wrong or erroneous transaction, Elusiv cannot make any corrections of transactions or the Blockchain. Before executing a Transaction via a User's Wallet, the User is obliged to verify the parameters of the Transaction.
15.5 The User acknowledges that the existence and functioning of the Crypto Assets is dependent on the Blockchain, which Elusiv cannot influence. For example, Elusiv cannot influence that Crypto Assets are properly stored, retrievable, or functional. Elusiv is not liable for the existence, security, custody, interoperability, or maintenance of Crypto Assets. In particular, in the event of a transaction of Crypto Assets to an incorrect address, Elusiv is neither able nor obliged to return the Crypto Assets to the User.
### 16. PREVENTION OF MONEY LAUNDERING, TERRORIST FINANCE AND VIOLATIONS OF FINANCIAL SANCTIONS
16.1 The User represents and warrants that:* (a) the Software and/or the Services will not be used in any illegal manner or for any illegal purposes, in particular not for any purposes related to money laundering, predicate offences of money laundering, terrorist financing or other activities that violate applicable law,
* (z) the User does not use any proceeds from illegal activities for transactions made in connection with the Software and/or the Services, and
* (aa) no transactions made in connection with the Software and/or the Services will be used to facilitate or engage in illegal activities, in particular activities related to money laundering, predicate offences of money laundering, terrorist financing or other activities that violate applicable law.
16.2 The User represents and warrants that, at the time of any use of the Software and/or the Services, no criminal or regulatory investigations are pending against the User or – where the User is not a natural person – against any of the User's affiliates, members of its managing or supervisory body, other senior executives, or shareholders in connection with the User's business activities.
16.3 The User represents and warrants that, at the time of any use of the Software and/or the Services:* (a) the User is not included on a sanctions list of the United Nations, the USA, the European Union or any of its member states, the United Kingdom or Switzerland;
* (bb) the User is neither acting (i) indirectly (e.g. as proxy or agent) on behalf of a natural or legal person included on a sanctions list referred to in section (a), or (ii) directly or indirectly transfers assets of any kind to a natural or legal person included on a sanctions list referred to in section (a); and
* (cc) – where the User is not a natural person – no shareholder of the User who directly or indirectly holds more than 25 per cent of its shares is included on a sanctions list referred to in section (a).
16.4 Should any of the aforementioned events occur, the User undertakes, to the extent permissible, to immediately notify Elusiv and to immediately suspend all transactions using the Services and/or the Software and/or the Website immediately until the event has ceased to exist.
16.5 The User – where the User is not a natural person, the representative of the User on behalf of the User – confirms that he/she/it is acting exclusively in his/her/its own economic interest.
16.6 The User is aware that Elusiv will monitor the transactions made in connection with the Software and/or the Services and may be legally obliged to report transactions to responsible authorities where transactions include suspicions of money laundering, predicate offences of money laundering or terrorist financing.
Elusiv's privacy policy can be found at app.elusiv.io/privacy.
### 18. AMENDMENTS OF THE T&CS
Elusiv may amend or modify these T&C at any time, provided that: (a) the User will be required to accept the modified T&C in order to continue using the Services, and if not accepted the Agreement will terminate; and (b) any such modification will apply only prospectively, and will not apply to any breach or dispute that arose prior to the effective date of the modification.
19.1 The T&Cs and the Agreement and their interpretation and any non-contractual obligations in connection with them are subject to Swiss substantive law without reference to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
19.2 Should one or more provisions of the T&Cs be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of the T&Cs. In place of any provisions which are invalid or not incorporated in the T&Cs the statutory provisions shall apply. In all other cases, the parties shall agree a valid provision to replace the invalid or unenforceable provision which reflects as closely as possible the original economic purpose, provided a supplementary interpretation of the T&Cs does not have precedence or is not possible. The same applies in case of lacunas.
19.3 Exclusive place of jurisdiction for all disputes between the User and Elusiv regarding the T&Cs, or otherwise concerning the Services and/or the Software and/or the Website, shall be Zug, Switzerland.
I have read, understood, and agree to the terms and conditions.I confirm that the funds I am using to send privately are legitimate and that I will use the platform in
accordance with all applicable laws and regulations.I acknowledge that there is a risk of losing assets and I agree to proceed at my own discretion.Agree
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