Latest Reviewed on: 14th of August 2024
THE SUPERBORING APPLICATION IS A SUITE OF EXPERIMENTAL BLOCKCHAIN-ENABLED FUNCTIONALITIES. USING OUR SOFTWARE PACKAGE MAY POSE SIGNIFICANT RISKS TO YOU AND YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS.
BY ACCESSING OR USING THE SUPERBORING APPLICATION ON ANY DEVICE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT USE OUR APPLICATION OR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE LAW.
THE PROTOCOL (AS DEFINED BELOW) IS NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY PROHIBITED JURISDICTION, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A "RESTRICTED PERSON"). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE THE PROTOCOL OR ANY OF THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.
These terms of use are entered into by and between you ("you" or the "User") and Super Boring Technology, Inc. ("Company", "we," "us," "our" or "SuperBoring"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use" or this "Agreement"), govern the User's access to and use of https://app.superboring.xyz/ (the "Application," including any content or functionality offered on or through the Application accessible via the Apple App Store, the Google Play Store, any web-based intermediary interface, or collectively through other associated subpages and platforms).
The User must read these Terms of Use carefully before using the Application. By using the Application, the User accepts and agrees to be bound and abide by these Terms of Use and all documents incorporated herein by reference. If the User does not want to agree to these Terms of Use or any documents that are incorporated herein by reference, the User must not access or use the Application.
The Application is offered and available to users who are eighteen (18) years of age or older. By using the Application, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with the Company in the User's applicable jurisdiction or eighteen (18) years of age, and meets all of the foregoing eligibility requirements. Further, by using the Application, the User represents and warrants that the User is not a citizen or resident of, nor is located in, any country where the use of the Application is illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on the Company, the Application, the Protocol (as defined herein), or on the User (or any combination of the foregoing) by an authority with valid and enforceable jurisdiction ("Applicable Laws"). If you do not meet all of these requirements, you must not access or use the Application.
The Application's services (the "Services") include, without limitation, providing tools to enable those who access the Application ("Participants") to swap tokens in a continuous and automated manner, reducing the need for manual intervention and making it more seamless and user-friendly to Dollar Cost Average ("DCA") between any pair of tokens. SuperBoring enables positions to be entered at the mathematically average price by utilizing Superfluid streams and a Time-Weighted Oracle Exchange. The Application relies on blockchain-based functionalities (the "Protocol"). The Protocol enables secure and transparent transactions, while also providing an intuitive user experience.
The Application is not the only method that Participants may interact with, contribute to, access, or otherwise affect the Protocol. Thus, the Services (including the Application) are distinct from the Protocol, and any of the Protocol's products or token offerings should not be viewed as products or offerings provided by SuperBoring or the Application. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device.
You are expected to be familiar with the Protocol and the risks it represents (including without limitation the possibility of your Digital Assets being forfeited according to the Protocol's encoded parameters or being lost for any other reason) before accessing it (whether accessed via the Application or otherwise). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR INTERACTION WITH THE PROTOCOL IS AT YOUR OWN RISK AND SUPERBORING WAIVES ALL LIABILITY OR RESPONSIBILITY, AND MAKES NO WARRANTIES, RELATED TO THE PROTOCOL, WHETHER OR NOT THE PROTOCOL IS ACCESSED VIA OUR SERVICES.
Your full engagement with and benefits from the Services offered by SuperBoring, including but not limited to the Application, may necessitate the payment of transactional fees imposed by the underlying blockchain or distributed ledger technology compatible with the Protocol, or directly by the Protocol itself. These fees ("Blockchain Fees") are intended to facilitate and incentivize proper utilization within the Protocol's ecosystem. For instance, Blockchain Fees may be applied when you redeem rewards, set up a blockchain- compatible wallet, or transfer distributed rewards into your personal digital asset wallet.
Please note that these Blockchain Fees are not directly charged by SuperBoring, but rather are a result of your interaction with the Services and the governance rules established by the Protocol and the broader blockchain community. SuperBoring does not have any influence over Blockchain Fees, including but not limited to their imposition, collection, amounts, or their operational execution and effectiveness, whether they arise from your use of the Services or otherwise. By using the Services, you agree that SuperBoring is not liable for any aspect of the Blockchain Fees, including payment, reimbursement, refund, disbursement, compensation, or any other related matter.
SuperBoring may charge you a fee to open positions on the Application (the "SuperBoring Fee"). The SuperBoring Fee is charged at the sole discretion of the Company. By using the Application, you consent to the Company collecting the SuperBoring Fee.
For additional details on blockchain technology, digital assets, and the risks involved, please refer to the section titled: Nature of Blockchain; Assumption of Risk; Waiver of Claims.
SuperBoring uses Superfluid streams combined with a new exchange mechanism called Time-Weighted Oracle Exchange ("TOREX"), which stands for T(WAP) OR(acle) EX(change). For more information see the TOREX whitepaper at https://superboring.xyz/torexpaper. A time-weighted average price ("TWAP") is a trading benchmark that measures the average price of an asset over a specific time frame, and TOREX uses TWAP oracles provided by Uniswap V3 pools to ensure fair pricing over time.
THE PROTOCOL'S SMART CONTRACTS RELY ON EXTERNAL THIRD PARTIES UNAFFILIATED WITH SUPERBORING WHO PROVIDE LIQUIDITY BY BUYING AND SELLING TOKENS. CERTAIN CONTRACTS RELY ON UNISWAP, A THIRD- PARTY PROVIDER OF BLOCKCHAIN SERVICES AND DATA FEEDS, INCLUDING PRICE DATA FEEDS. YOUR USE OF ANY CONTRACTS AND/OR TOKENS THAT RELY ON UNISWAP V3 TWAP ORACLES IS BOUND BY UNISWAP'S TERMS OF SERVICE.
SUPERBORING MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, SECURITY, OR ACCURACY OF ANY INFORMATION PROVIDED BY THE UNISWAP V3 TWAP ORACLES OR ANY OTHER THIRD PARTIES. BY USING THE PROTOCOL'S SMART CONTRACTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ONLY DATA YOU SHOULD RELY ON IS FROM UNISWAP. SUPERBORING DOES NOT PROVIDE ANY ORACLE SERVICES OR DATA FEEDS TO ANY SMART CONTRACTS ON THE PROTOCOL.
Guidelines for Using SuperBoring:
We reserve the right to withdraw or amend the Application, and any other Services we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application, the Protocol, or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to Participants.
The User is responsible for both:
Services or resources offered on the Application may require the User to utilize certain Web3 capabilities, such as an Ethereum wallet capable of interacting with the User's web browser or relevant blockchain nodes ("Web3 Utilities"). It is a condition of the User's use of the Application and the Services that the User only operate such Web3 Utilities with a private key(s) that the User created or has the direct, explicit permission of the party who created the relevant private key(s). The User agrees that all information it provides to interact with the Application, Services, or otherwise, including, but not limited to, through the use of any interactive features on the Application is correct, current, and complete. The User consents to all actions we take with respect to the User's information as is consistent with these Terms of Use and all documents referenced or incorporated herein.
SuperBoring currently defaults to WalletConnect as the preferred wallet bridge for connecting self- custodied assets, allowing the execution of transactions and access to Services within the Application. However, users should note that using WalletConnect is not the only way to access the Protocol; they are free to use any other compatible wallet of their choice. By interacting with the Application using WalletConnect, users agree to adhere to WalletConnect's Terms of Service. By using any other wallet, users agree to adhere to the respective Terms of Service of the wallet they choose to employ. It is essential for users to review and understand these terms to ensure their interactions align with the stipulated guidelines.
SuperBoring also utilizes an API call to Superfluid for certain blockchain-enabled functionalities. When leaving the Application, the User agrees to comply with the Terms of Use of Superfluid. It is the User's responsibility to familiarize themselves with Superfluid's terms and ensure that their interactions conform to these requirements. The User acknowledges that Superfluid's services are governed by its own Terms of Use, which operate independently of SuperBoring. This ensures that Users are aware that their use of Superfluid through the Application must adhere strictly to the stipulated guidelines provided by Superfluid.
If the User utilizes a Web3 Utility that relies on a separate username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Application or the Services at the end of each session. The User should use particular caution when accessing the Application or the Services from a public or shared computer so that others are not able to view or record the User's username, password, private key, or other personal information. In the event the User's Web3 credentials are compromised, they User acknowledges and understands that all of its related Digital Assets may be compromised as well, and waives any and all responsibility of and liability against SuperBoring related to any losses in any such event.
By sharing content on SuperBoring, you retain your rights to the intellectual property but grant us a license to use this content within our ecosystem. This is crucial for delivering our services, enhancing user experience, and developing new features. Except any open-source software or other material incorporated into the Application or the Services, the Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Application, except as follows:
The User must not:
If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Application in breach of these Terms of Use, the User’s right to access the Application will stop immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Application or any content on the Application is transferred to the User, and all rights not expressly granted are reserved by SuperBoring.
Notwithstanding anything to the contrary in these Terms of Use, the User may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses.
Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The terms “SuperBoring,” “Super Boring,” “$BORING” and all related names, logos, product and service names, designs, and slogans are trademarks of Super Boring Technology, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of the Company; provided, however, the User is hereby granted a limited, revocable, non-transferable permission and license to use the term “SuperBoring” and any related names, logos (excluding the SuperBoring logo), product and service names, designs, and slogans in any way that they desire so long as such usage is not done in a way that: (1) is deceitful, fraudulent, or manipulative; (2) implies any relationship between User and SuperBoring beyond that reasonably typical of a website administrator and its users; or (3) to cause confusion in any way to gain Digital Assets of, or personal information about, another party other than that intended by the Services, the Protocol, the Application or any related or interacting functionality (for example but without limitation, you may not use the foregoing marks to execute phishing attacks, spear-phishing attacks, social engineering, or in any way that may cause a party to transmit Digital Assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, product and service names, designs, and slogans on the Application are the trademarks of their respective owners.
Users may access and utilize the Services and Protocol exclusively for lawful purposes, in strict adherence to these Terms of Use. The User commits not to deploy the Application or any future application developed by the Company in manners that:
Furthermore, Users must not:
Use of Content and Data in AI Models: The use of our content or data within any language model, such as ChatGPT, Claude, or Llama, is prohibited. This prohibition includes training, tuning, or prompting of such models and is in accordance with the restrictions on use, distribution, and storage of data outlined in our Terms of Use.
Data Storage and Database Creation: The creation of databases or storage systems incorporating SuperBoring content, particularly financial transaction data, is prohibited unless for approved backup purposes by authorized personnel. This ensures the integrity and security of sensitive financial data managed within the SuperBoring ecosystem.
AI Tools in Financial Processing: The use of AI-enhanced tools for processing financial data or presenting transaction information is permitted under controlled conditions. Such usage must strictly adhere to guidelines ensuring that data is not distributed to unauthorized parties or misused by software providers for any purposes outside of the specified financial operations.
Engagement with AI Innovations: SuperBoring is actively exploring the potential of AI to enhance the efficiency and security of financial transactions within our protocol. For more information on our AI initiatives or potential partnerships, please contact our development team.
Compliance with Financial Regulations: All interactions with tokens on SuperBoring and the associated reporting of that data must comply with applicable financial regulations and the specific provisions set out in our Terms of Use. This includes strict adherence to laws governing financial transactions, anti-money laundering, fraud prevention, and data security.
The Company reserves the right to:
We cannot undertake to review all material before it is transmitted on the Protocol and cannot ensure immediate removal of objectionable material after it has been sent. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
SuperBoring develops open-source software and does not directly offer, operate, or administer the Protocol. Our Services are designed to facilitate participants’ use of the Application. Users are responsible for their engagement with the Services, including any transactions or other information obtained through our platform. It is the User's responsibility to ensure compliance with all applicable laws and regulations pertaining to their use of the Services, especially regarding compliance with applicable financial regulations, anti-money laundering laws, fraud prevention, intellectual property rights, and international financial standards.
Users must acknowledge that SuperBoring is not affiliated with, nor has our Platform, the Services, or the software it contains been reviewed or approved by, any regulatory authority concerned with data privacy or cybersecurity.
The User understands that SuperBoring cannot guarantee that files available for download from the internet or through our Services will be free of viruses or other destructive code. Users are responsible for implementing adequate measures to fulfill their specific needs for: (1) ensuring the security and integrity of their web activities; (2) anti-virus protection and accuracy of data input and output; (3) engaging with asset streaming applications and related blockchain technologies; and (4) maintaining external backups to recover any lost data.
TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERBORING SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, MAN-IN-THE-MIDDLE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICAL HAZARDS THAT MAY INFECT USER'S COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF USING SUPERBORING, ITS SERVICES, OR DOWNLOADING MATERIAL POSTED ON IT, OR ON ANY LINKED SITES. THIS INCLUDES ANY LOSSES RELATED TO ANY OF THE TOKENS DISTRIBUTED VIA THE PROTOCOL.
ADDITIONALLY, SUPERBORING EXPRESSLY DISCLAIMS ANY LIABILITY FOR TRANSACTIONS INVOLVING THIRD-PARTY TOKENS AND SERVICES ACCESSED THROUGH THE APPLICATION. USERS ENGAGE WITH THESE TOKENS AND THIRD-PARTY SERVICES, INCLUDING WALLET SERVICES LIKE WALLETCONNECT AND TOKEN STREAMING SERVICES LIKE SUPERFLUID, AT THEIR OWN RISK. SUPERBORING DOES NOT ENDORSE, VERIFY, OR MAKE ANY REPRESENTATIONS REGARDING THE SAFETY, RELIABILITY, ACCURACY, OR PERFORMANCE OF ANY THIRD-PARTY TOKENS, WALLETS, OR SERVICES. THE USER ACKNOWLEDGES THAT ANY INTERACTION WITH SUCH TOKENS AND SERVICES IS GOVERNED SOLELY BY THE TERMS AND AGREEMENTS OF THOSE RESPECTIVE SERVICES, AND SUPERBORING BEARS NO RESPONSIBILITY FOR ANY ISSUES THAT ARISE FROM SUCH INTERACTIONS.
THE USE OF THE PROTOCOL, ITS APPLICATIONS, AND ANY RELATED SERVICES IS SOLELY AT THE USER'S RISK. THE PROTOCOL AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SUPERBORING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PROTOCOL OR ITS SERVICES. WE DO NOT GUARANTEE THAT ACCESS TO THE PROTOCOL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS; THAT THE INFORMATION PROVIDED WILL BE ACCURATE, RELIABLE, OR CURRENT; OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SUPERBORING OR THROUGH THE PROTOCOL, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, ADVERTISEMENTS, OR SERVICES PROVIDED THROUGH THE PROTOCOL OR ANY LINKED WEBSITES.
THESE DISCLAIMERS WILL NOT LIMIT OR EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUPERBORING, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE, OR INABILITY TO USE, THE PROTOCOL, ITS APPLICATIONS, THE SERVICES, ANY WEBSITES LINKED THROUGH OUR SERVICES, OR ANY CONTENT ON THE PROTOCOL OR SUCH OTHER WEBSITES. UNDER NO CIRCUMSTANCES WILL SUPERBORING BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE PROTOCOL, NOR FOR THE USER'S INTERACTIONS WITH ANY THIRD-PARTY TOKENS OR SERVICES, INCLUDING THE USE OF WALLET SERVICES LIKE WALLETCONNECT AND TOKEN STREAMING SERVICES LIKE SUPERFLUID. THIS INCLUDES ANY LOSSES, DAMAGES, OR DISRUPTIONS CAUSED BY THE USER'S ENGAGEMENT WITH OR TRANSFER OF THIRD-PARTY TOKENS, OR BY THE FAILURE, MISCONDUCT, OR ERRORS OF THIRD- PARTY SERVICES. USERS ARE SOLELY RESPONSIBLE FOR ALL DECISIONS AND TRANSACTIONS INVOLVING THIRD-PARTY TOKENS AND SERVICES, AND SUPERBORING ASSUMES NO LIABILITY FOR ANY CONSEQUENCES OF SUCH INTERACTIONS, EVEN IF SUPERBORING FACILITATED ACCESS TO THESE THIRD-PARTY SERVICES WITHIN THE APPLICATION. THIS ALSO INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE NETWORK, SERVICES, THE TOKEN DISTRIBUTION PROTOCOL, OR THE UNDERLYING TECHNOLOGIES OR FUNCTIONALITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SUPERBORING AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO SUPERBORING FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The User agrees to defend, indemnify, and hold harmless SuperBoring, its affiliates, licensors, and service providers, and its and their respective officers, directors, contributors, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (1) the User’s violation of these Terms of Use; (2) the User’s use of the Protocol, its applications, or any other services provided by SuperBoring, including, but not limited to, the User’s interactions with any tokens or messages or reliance on content, services, and products accessed through the Protocol other than as expressly authorized in these Terms of Use; (3) the User’s reliance on any information obtained through the Application; or (4) any other party's access and use of the Protocol or its applications with the User’s assistance or by using any device or account that the User owns or controls.
Any dispute, controversy or claim arising out of, relating to, or in connection with the User’s use of the Application or the Services, or in connection with this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by binding arbitration administered in the courts of England and Wales. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each Party shall pay its own expenses in such arbitration, including its attorneys’ fees, subject to reapportionment by the arbitrator in a final award. The language of the arbitration shall be English. The prevailing Party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of ICDR, however, nothing in this Agreement shall preclude the Parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in England and Wales if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a court located in England and Wales and the Parties agree to waive any claim of improper venue or forum non conveniens. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then its remaining portions will remain in force.
ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR A USER’S USE OF THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by SuperBoring of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SuperBoring to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
These Terms of Use, the Privacy Policy, and any other document incorporated by reference herein constitute the sole and entire agreement between the User and SuperBoring regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in the Section entitled Governing Law & Jurisdiction below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Application.
SuperBoring has implemented a referral program where Users can earn rewards by introducing new Participants to the Services using a customized referral link provided by SuperBoring, unique to each User (the “Referral Program”). This Terms of Use applies to the Referral Program. Attempting to game or manipulate the referral system may result in the cancellation of earned incentives and possible exclusion from the Referral Program.
All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Panama without giving effect to any law or rule that would cause the application of another jurisdiction’s law.
If you have any questions about these Terms, please contact us at support@superboring.xyz.
