Important Note: Please read this Disclaimer carefully before using the Melon Protocol (described sometimes as “watermelon” protocol) . It is important to understand that downloading and operating the Melon software is entirely the user’s responsibility. Before downloading and using the software, it is important to make sure you have reviewed the code (https://github.com/melonproject/protocol) and understood the official documentation.
Melonport AG (the “Company”) has developed an experimental asset management protocol (the “Melon Protocol”) which enables users, who are willing to invest in crypto assets (“Investors”) and users which are willing to manage crypto assets (“Managers”) under smart-contract based rule-sets to interact (together the “Users”). The underlying software protocol (the “Software”) that governs the Melon Protocol, is developed and published under the GNU General Public License version 3 which forms an integral part of this Disclaimer (https://fsf.org/).
WHILE THE COMPANY DEVELOPED THE SOFTWARE, IT IS NOT INVOLVED IN THE OPERATION OF, NOR IN ANY WAY INVOLVED IN THE INTERACTIONS BETWEEN INVESTORS AND MANAGERS WITH THE SOFTWARE OR IN THE RELATIONSHIP BETWEEN INVESTORS AND MANAGERS.
THERE IS NO WARRANTY FOR THE SOFTWARE: THE USER UNDERSTANDS, ACKNOWLEDGES AND ACCEPTS THAT BLOCKCHAIN APPLICATIONS AND ESPECIALLY THE Melon PROTOCOL, BUILT ON TOP OF THE ETHEREUM BLOCKCHAIN ARE STILL IN EARLY DEVELOPMENT AND STILL OF EXPERIMENTAL NATURE.
User understands and accepts that the Melon Protocol and/or the Software are provided “AS IS” , "WITH ALL FAULTS" , "AT YOUR OWN RISK" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY KIND OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. The entire risk as to the quality and performance of the Melon Protocol and/or the Software is with the User. Should the Melon Protocol and/or the Software prove defective, User assumes the cost for any loss.
ANY ETH OR OTHER CRYPTO ASSETS USED TO INTERACT WITH THE Melon Protocol and/or the SOFTWARE ARE AT RISK OF BEING LOST INDEFINITELY. In particular, User acknowledges that Melon Protocol and/or the Software, even though developed in accordance to the state of the art, is likely to contain bugs, defects, or errors (including any bug, defect, or error relating to or resulting from the display, manipulation, processing, storage, transmission, or use of data) that materially and adversely affects the use, functionality, or performance of the Melon Protocol and/or the Software or any product or system containing or used in conjunction with the Melon Protocol.
In no event, unless otherwise required by applicable mandatory law, shall the Company, including its founders, representatives, employees and directors, be liable of any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to loss of ETH, Investor Token, data or data being rendered inaccurate or losses sustained by User or third parties or a failure of the Software to operate with any other Software or the non-performance of a transaction; procurement of substitute goods or services; loss of use, data, or profits or business interruption) arising from the use or in any other connection to the Melon Protocol and/or the Software.
RESPONSIBILITY FOR SECURITY OF PASSWORDS REMAINS WITH USER. There is no possibility for the Company to recover USER’S private password, respectively USER’S private key. When setting up an account within the Melon Platform, User will be solely be responsible for keeping User’s own account secrets, which may be a twelve-word seed phrase, an account file, or other locally stored secret information. The Software encrypts this information locally with a password User provides, that is never sent to the Company servers, nor known otherwise to the Company.
INTERACTIONS WITH PROTOCOL CANNOT BE REVISED OR REVERSED: User understands there are no rights of recourse or compensation whatsoever especially with regards to any user errors, complaints of theft, malfunctioning of the Melon Protocol, external abuse of the Melon Protocol, misbehavior of Managers etc.
COMPANY NOT INVOLVED IN CUSTODY OF ASSETS OR OPERATION OF SOFTWARE AND ITS USE: User understands that Company does not have control over Managers of the investment strategies or the traded assets within them. Company never holds custody of the tokens/assets involved/managed by the Managers, nor does it have the ability to do so. All assets are controlled by the Smart-Contract-System of the Melon Protocol.
USER UNDERSTANDS THAT THE INVESTMENT STRATEGIES THEY ARE EXPERIMENTING WITH ARE OPERATED BY MANAGERS THAT HAVE NO RELATIONSHIP TO COMPANY. Managers are neither controlled, managed or vetted by Company, nor can they be. Users must conduct its own due diligence assessment on the Smart-Contract-System of the Melon Protocol by reviewing the underlying code carefully and using experimentation assumptions. The User is fully responsible to assess the appropriability and quality of an investment strategy managed by a manager on the Melon Platform.
SOFTWARE TO BE USED BY EXPERIENCED USERS ONLY. By using the Melon Protocol, respectively Platform in any way, User represents to understand the inherent risks associated with cryptographic systems; and warrants that User has an understanding of the usage and intricacies of native cryptographic tokens, like Ether (ETH), smart contract based tokens such as those that follow the Ethereum Token Standard and blockchain-based software systems.
HIGH RISK OF CRYPTO ASSETS: User understands that Ethereum and other blockchain technologies and associated crypto assets or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. User also acknowledges that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain. User acknowledges these risks and represents that the Company cannot be held liable for such fluctuations or increased costs.
The Melon Protocol, respectively the Melon Platform and the Ethereum blockchain could be impacted by one or more regulatory inquiries or regulatory action, which could limit Users ability to access or use the Melon Protocol, respectively the Melon Platform or Ethereum blockchain.
YOUR USE OF THE Melon PROTOCOL AND/OR THE SOFTWARE MAY BE SUBJECT TO THE FINANCIAL LAWS AND REGULATIONS OF VARIOUS JURISDICTIONS. PRIOR TO USING THE Melon PROTOCOL, SEEK LEGAL ASSISTANCE TO ASSURE THAT YOU MAY USE THE SOFTWARE IN COMPLIANCE WITH APPLICABLE LAW. FAILURE TO DO SO MAY SUBJECT YOU TO CRIMINAL AS WELL AS CIVIL PENALTIES IN ONE OR MORE JURISDICTIONS. BY USING THIS SOFTWARE, YOU CONFIRM THAT YOU HAVE SOUGHT THE ADVICE OF COMPETENT COUNSEL OR ARE OTHERWISE FAMILIAR WITH THE APPLICABLE LAWS AND REGULATIONS PERTAINING TO YOUR INTENDED USE OF THE Melon PROTOCOL.
Users agree to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from Users use of the Software, Users violation of this Disclaimer, and any of Users acts or omissions that implicate the misuse of funds, non-compliance with applicable regulatory provisions, publicity rights, defamation or invasion of privacy. If Users are obligated to indemnify the Company, Company reserves the right, at its own expense, to assume exclusive defense and control of any matter and, in such case, Users agree to cooperate with the Company in the defense of such matter.
Users of the Melon Protocol, respectively the Melon Platform commit to refrain from: NO ILLICIT CONTENT: Posting, requesting, transmitting, rendering or otherwise making available or creating through or in connection with the use of the Software any materials that are or may be: (a) illegal/non-compliant and or threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner. NO VIRUSES: Posting, transmitting or otherwise making available through or in connection with the use of the Software any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, malware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”). NO UNLAWFUL ACTIVITIES: Using the Melon Protocol, respectively the Melon Platform for any purpose that is fraudulent or otherwise tortious or unlawful, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, intellectual property infringement, or violent or abusive activities.
JURISDICTION: Any dispute between the Users and the Company, including its founders, representatives, employees and directors, shall be submitted to the exclusive jurisdiction of the competent Courts of Zug, Switzerland, with the exclusion of any other jurisdiction or arbitration.
GOVERNING LAW: This Disclaimer shall be governed by and construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The United Nations Convention for the International Sales of Goods ("Vienna Sales Convention") is excluded.