Terms and Conditions for Gable Finance

Effective Date: 01 October 2023

1. Welcome and Agreement

Welcome to Gable Finance and the Gable Interface!

These Terms of Use ("Terms") regulate your access to and use of both the Gable Finance website (referred to as "Gable Finance") and the Gable Interface (referred to as the “Interface"), collectively referred to as the "Services." These Services are provided by Gable Finance ("we," "us," or "our"), a company incorporated in The Netherlands.

Gable Finance offers information and resources related to the core principles of distributed ledger technology (DLT) known as Radix DLT. Radix DLT consists exclusively of open-source self-executing smart contracts deployed on the Radix DLT network (referred to as the "Radix DLT" or the "Network"). Please note that Gable Finance has no involvement with, or control over, any version of DLT networks other than Radix DLT.

ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION CLAUSE BELOW. WITH EXCEPTIONS AS SPECIFIED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT ANY DISPUTES ARISING FROM THE SERVICES (AS DEFINED BELOW) SHALL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION. YOU ALSO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

By accessing or using our Services, including our various websites (such as gable.finance, app.gablefinance.com and docs.gable.finance along with any respective subdomains), applications, and other services linked to these Terms, as well as any information, text, links, graphics, photos, audio, video, or other materials stored, retrieved, or displayed thereon, whether accessed via the Site or otherwise (collectively referred to as the “Services"), you enter into a legally binding Agreement with us. This Agreement includes these Terms, our Privacy Policy (accessible here), and any other policies referred to herein (collectively referred to as the “Agreement").

In the event of a conflict between these Terms and any applicable additional terms, these Terms will take precedence unless otherwise explicitly stated. If you disagree with these Terms, please refrain from using the Services and avoid visiting the site or engaging with the services.

2. Use of the Services

To utilize the Services, you must be legally capable of entering into this Agreement. By using the Services, you confirm and warrant that you meet the eligibility criteria. If you do not meet these criteria, please refrain from accessing or using the Site or the Services.

We may modify the Services and the Terms.

We reserve the right to modify or update the Services, the Agreement, or any part of these Terms at our discretion and for any reason. Once any part of the Agreement is updated and becomes effective, you will be bound by the Terms if you continue using the Services. We retain the right to change or discontinue all or part of the Services, including access to the Services through any third-party links, at any time without incurring liability to you.

3. Services

The information provided with respect to your access and use of the Services is intended solely for informational purposes. While we strive to furnish accurate and dependable information, we cannot guarantee the accuracy, completeness, or timeliness of the information provided. You should not take, or refrain from taking, any action solely based on any information presented on Gable Finance. This includes, but is not limited to, other information we may make available at any time, such as blog posts, data, articles, links to third-party content, Discord content, news feeds, tutorials, tweets, and videos. Furthermore, you acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss claimed to be caused by or associated with the use of or reliance on such content, goods, or services available on or through any such site or resource.

Users maintain full control over their cryptoassets.

It is essential to understand that neither we nor any affiliated entity participate in any transactions on the Radix DLT network, nor do we possess, hold, or control any cryptoassets or user funds. When you interact with our services via Radix DLT, you maintain complete control over your cryptoassets at all times.

Users employ third-party self-custodial wallets to engage with Radix DLT; we have no influence or assurance over these wallets.

To engage with Radix DLT through the Interface, you must connect and employ a Radix or third-party self-custodial wallet, which we neither own nor control. Your use of any wallet is subject to the terms of use and privacy policy provided by the wallet provider. It is your responsibility to familiarize yourself with and comprehend these terms and policies.

4. Assumption of Risk

Gable Finance, Radix DLT, and cryptoassets encompass inherent risks.

By utilizing our Services and interacting with Radix DLT, you acknowledge and assume the inherent risks associated with blockchain technology. These risks include, but are not limited to, the potential loss of assets, regulatory alterations, and cyberattacks. You are solely responsible for evaluating these risks and determining whether to employ our Services. We do not offer financial, legal, or tax advice.

5. Taxes

You are responsible for your tax obligations.

You bear sole responsibility for settling any taxes that may arise concerning your use of the Services and any transactions you undertake. We do not provide tax guidance, and for any tax-related queries, you should consult with a qualified tax advisor.

6. Ownership

Gable Finance and its licensors retain ownership rights.

Except for third-party content, all content accessible through the Services, including the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gable Finance or its licensors. This content is safeguarded by Netherlands and international copyright laws. All logos, trademarks, service marks, and trade names employed in association with the Services are either registered or unregistered marks of Gable Finance or its licensors. The usage of any of our marks or any other content on the Services, except as expressly allowed in these Terms, is strictly prohibited.

7. Prohibited Content

You must adhere to the Agreement and refrain from engaging in prohibited activities.

You agree not to employ the Services in contravention of any applicable law, rule, or regulation. Furthermore, you agree not to participate in activities that:

(a) Infringe upon the rights of others or disrupt others' use of the Services;

(b) Are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, invasive of another’s privacy, tortious, or otherwise objectionable;

(c) Impersonate any individual or entity, including any employee or representative of Gable Finance;

(d) Contain viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines designed to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; and

(e) Generate liability for Gable Finance or result in the loss (either in part or in whole) of the services provided by our ISPs or other suppliers.

8. Indemnification

You agree to indemnify us for any claims arising from your use of the Services.

You undertake to indemnify and absolve us, along with our affiliates, agents, employees, and licensors, from any claims that may arise as a result of your utilization of the Services, your breach of this Agreement, or any other actions linked to your utilization of the Services. You also consent to cover any judgment, damages, settlements, or reasonable attorney fees and costs of defense that may emerge due to such claims. Moreover, you agree to fully cooperate with us in the defense of any such claims and related settlement negotiations.

9. Arbitration

Most disputes must be resolved through arbitration.

Any disputes between you and Gable Finance, including disputes involving any agent, employee, successor, or assign of either party, pertaining to the Services, transactions conducted through the Services, or any other transaction, activity, or event arising from or related to the Services or this Agreement, shall be resolved through mandatory binding arbitration. The arbitration proceedings shall adhere to the prevailing arbitration rules of the International Chamber of Commerce. The arbitrator's award shall be definitive and binding, and a judgment based on the arbitrator's decision may be entered in any jurisdiction with competent authority. You acknowledge and consent that, by entering into this Agreement, you are waiving your right to a trial by jury and your ability to participate in class-action lawsuits or class-wide arbitration.

10. Waiver of Injunctive Relief

You waive the right to seek injunctive relief.

Under no circumstances shall you have the privilege to seek or secure injunctive or other equitable relief. Furthermore, you shall not have the capability to enjoin or otherwise obstruct the operation of the Services or any other services, content, material, products, or other items or properties owned or controlled by us or any third party. This includes third parties that operate Radix DLT.

11. Termination

We reserve the right to terminate your access to the Services for various reasons.

We retain the prerogative to limit, suspend, or terminate your access to all or any part of the Services at any time and for any cause. This includes, but is not restricted to, violations of these Terms, breaches of applicable laws, or any behavior that we deem to be in contravention of any applicable law or detrimental to other users, third parties, us, our affiliates, agents, employees, or other third parties. Furthermore, we may, at our sole discretion, decline or restrict anyone from accessing any or all of the Services at any given time.

12. Severability

Should any portion of the Agreement be deemed unlawful, it shall be severed without affecting the remainder.

If any provision contained within these Terms is deemed unlawful, void, or unenforceable for any reason, that particular provision shall be considered severable from these Terms. Its removal shall not impact the validity or enforceability of the remaining provisions.

13. Assignment

We retain the ability to assign the Agreement; you may not assign your rights.

We reserve the right to assign our rights and responsibilities under this Agreement at any time. This includes assignments arising from mergers, acquisitions, asset sales, or as a result of applicable law. You may not assign your rights or obligations under this Agreement without our prior written consent.

14. Entire Agreement

This Agreement represents the complete understanding between you and Gable Finance.

These Terms, in conjunction with our Privacy Policy, constitute the full agreement between you and Gable Finance concerning the Services. They supersede any prior or contemporaneous understandings regarding the Services.

15. Governing Law

This Agreement is governed by Dutch law.

These Terms shall be governed by and construed in accordance with Dutch law, without regard to its conflict of law principles.

16. Contact

If you have any questions, you can contact Gable Finance at contact@gable.finance.