Last Updated February 14, 2022
This website and the corresponding app and database, API are administered and maintained by YIELD MONITOR, INC., a Delaware corporation (“YM”). The terms “We”, “Us” and “Our” also refer to YM. The term “You” refers to the person visiting this website or using the Services, Platform, or Content (each defined infra).
These Terms of Use (the “Terms”) govern Your access to and use of this website, www.YieldMonitor.app, and any corresponding apps or extensions, (jointly the “Platform”) and associated content, software, database, API, and tools (collectively, the “Service”). These Terms also include our Privacy Policy, which is located at https://yieldmonitor.app/privacy. You may not use the Service or access the Platform if You do not agree to these Terms.
Please read these Terms carefully. They contain important information regarding Your legal rights, including limitations on YM’s and certain third parties’ liability, disclaimers of warranties and a submission to jurisdiction and venue. Each time You access the Service through the Platform, You irrevocably agree to comply with the version of the Terms posted at this URL at the time You access this Platform. If you have questions, please contact us at support@yieldmonitor.io.
Age Requirements
To access the Platform or use the Service, You must be at least 14 years of age.
License
Prohibited Activities
- Copy, modify or create derivative works of the Service, the Platform, or any Content;
- Copy, manipulate or aggregate any Content (including data) for the purpose of making it available to any third party unless otherwise agreed to in writing by YM;
- Trade, sell, rent, loan, lease or license Your access to the Service, whether commercially or free of charge;
- Use any data mining, crawling, “scraping”, robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor, or copy any portion of the Platform or data provided by the Service unless expressly authorized by YM in writing;
- Make excessive requests for information or take any action that interferes with, disrupts, or imposes an undue burden on the Platform or any server or network connected to the Service or negatively affects the quality or availability of the Service;
- Introduce a virus, Trojan horse, worm, time bomb or other malware to the Platform or use any device, software, or routine to bypass any software or hardware that prohibits volume requests for information;
- Violate, bypass, or circumvent any security measure intended to limit or prevent access to the Platform or Service; or otherwise attempt to gain unauthorized access to the Service, Platform, Content or to any computer systems or networks connected to the Service or any YM server, whether through hacking, password mining, unauthorized use of another’s password/credentials or any other means;
- Restrict, inhibit, or interfere with use of the Service by any other user (including by hacking or defacing the Platform);
- Introduce or otherwise distribute through the Platform any computer program that damages, interferes with, intercepts, collects, releases, or discloses any of YM’s systems, data, or the personal information of any third party;
- Use the YM trademarks, service marks, trade names or logos; or
- Modify or remove any copyright, patent, trademark, or other proprietary notice in the Content;
- Use the Platform, Content or Services for or in connection with any activity that (i) violates any law, statute, ordinance, or regulation, including without limitation, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), or (ii) involves proceeds of any unlawful or illegal activity.
Wallet Access or Control
Intellectual Property
The Service, Platform, and Content is owned or controlled by YM. Nothing contained in these Terms grants You any interest in or right to any of YM’s or any third-party’s intellectual property. Subject to the terms of this Agreement, You may view and use the Content provided by the Services through the Platform for Your own personal use. You may not, and shall not, copy, reproduce, download, “screen scrape”, store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use exploit any information related to the Services, the Platform, or the Content, in whole or in part, in any way that does not comply with these Terms without YM’s prior written permission.
YM, its logo, and all of YM’s product or service names or slogans displayed in connection with the Service are trademarks of YM (the “YM Marks”). You may not copy, imitate, or use the YM Marks, in whole or in part, without the prior written permission of YM. The look and feel of the Service, including all colors, designs, interfaced, page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of YM and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YM. All other trademarks, company names, or logos mentioned in the Service are the property of their respective third-party owners.
You acknowledge and agree that Your infringing use of Intellectual Property would cause immediate and irreparable harm to YM, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to YM at law or in equity, YM shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.
Outbound Links, Reviews, or Other References to Third Parties
Links, reference to, or mention of any companies, blockchains, investment platforms, wallets, cryptocurrency assets, NFTs, products, services, tools, processes, or other educational or informational content, by trade name, trademark, supplier, web address, or otherwise does not constitute or imply YM’s endorsement, sponsorship, or recommendation.
Your use of all links to third-party websites is at Your own risk. Our terms and policies do not govern Your use of third-party websites, nor do we monitor third-party websites. To the extent such links are provided on the Platform, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, sponsorship of, or affiliation with, such third-party website(s).
Linking to YM
You may place one or more links to the Service (collectively, the “Link”) on Your own website (“Your Site”), provided that Your Site does not create the false impression that you, Your Site or any other website, service, person, or entity is associated with, sponsored by, partnered with, or otherwise endorsed by YM.
User Feedback
If You send or transmit any communication, including but not limited to feedback, questions, comments, or suggestions to YM, whether by letter, email, telephone, Telegram, WhatsApp, Discord Message, in-app messaging, other form of direct message, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to YM all right, title, and interest in any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service or Platforms or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback, without any attribution or compensation to you. You also understand and agree that YM is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
This section does not apply to Personally Identifiable Information (PII), which is governed by the terms of our Privacy Policy.
Disclaimers and Limitation of Liability
THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON THE PLATFORM OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY YM OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY YM. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. THE SERVICES, PLATFORM, AND CONTENT SHOULD BE USED AS A TOOL IN A WIDER TOOLKIT OF DATA-DRIVEN PRODUCTS AND SERVICES FOR CRYPTOCURRENCY INVESTORS AND DEVELOPERS. YOU ASSUME ALL RISK OF DAMAGE OR LOSS RESULTING FROM THE USE OF THE PLATFORM, THE SERVICES, AND THE CONTENT.
NO CONTENT IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. YM EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. YM DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. YOU AGREE THAT THE PLATFORM, SERVICES, AND CONTENT SHOULD BE USED AS PART OF A LARGER DEFI DATA TOOLKIT.
CONTENT MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF YM.
THE CONTENT IS “AS-IS,” AND MAY INCLUDE INACCURACIES OR ERRORS. YM DOES NOT REVIEW ALL CONTENT FOR ACCURACY, COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY, OR INTEGRITY OF THE PLATFORM, SERVICE OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE, PLATFORM, OR THE CONTENT. YM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE PLATFORM, SERVICE, AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YM MAKES NO REPRESENTATIONS THAT THE PLATFORM, SERVICE, AND CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM, OR OTHER DATA OR INFORMATION. YM DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS PLATFORM, SERVICE, CONTENT, YM’S SERVERS, DATABASE, API, OR ANY EMAIL SENT FROM YM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY PLATFORM, SERVICE, AND CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE PLATFORM OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, SERVICE, OR CONTENT BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN THE PLATFORM, SERVICE, OR CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM OR SERVICE; AND/OR (VII) THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY USING THE PLATFORM.
IN NO EVENT SHALL YOU HOLD YM (AND ITS RESPECTIVE OFFICERS, FOUNDERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE PLATFORM, SERVICE, OR CONTENT OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE PLATFORM, SERVICE, OR CONTENT; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, THIRD PARTY SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM, SERVICE, OR CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE PLATFORM, SERVICE, OR CONTENT WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF YM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to those actual damages directly related to the breach of this Agreement.
Accuracy of Information
YM will strive to ensure accuracy of Content provided through the Service or on the Platforms. However, YM provides all information “as is.”
YM has no influence or control over blockchain mainnets. YM has no influence over the actions or errors of neither mainnets, mainnet developers, nor individual DeFi platforms or their developers. The ongoing availability and accuracy of Content relies on existing or future smart contract integrations with both the blockchain mainnets and each individual DeFi product and team building upon those mainnets. Any technical failures or unforeseen updates to the blockchain and/or the smart contracts could impact YM’s ability to accurate report chain/price data, for which You will hold YM harmless.
YM does not own or control the underlying software protocols which govern the operation of blockchains or cryptocurrencies support or tracked by the platform. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols, and we are not able to guarantee the functionality or security of network operations. Additionally, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the cryptocurrency You own and store in Your private wallet. YM does not control the timing and features of these possible operating changes, and You shall hold YM harmless for the foregoing.
You agree to hold YM harmless for any missing, delayed, or incorrect Content or other information available on the Platforms or through the Services, as well as any missing, delayed, or incorrect Content or other information linked to or referenced by YM. You understand that You are using any and all information available here at Your own risk.
YOU MUST make yourself aware of upcoming software, operating, smart contract, or protocol changes and You agree to carefully consider publicly available information in determining whether to continue owning, holding, or investing in a particular cryptocurrency.
No Investment Advice
The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice. YM is not recommending that You purchase, sell, or hold any cryptocurrency. You agree to conduct extensive research into the legitimacy of each individual cryptocurrency before making any investment decisions. You acknowledge digital currencies are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation. Cryptocurrency may be vulnerable to attacks on its security, integrity, or operation, including attacks using computing power sufficient to overwhelm the normal operation of the cryptocurrency’s blockchain or other underlying technology. You understand that some blockchain or DeFi related projects can change their tokenomics at will, without warning. Those changes can impact the value, functionality, or future operations of said blockchain or DeFi platform. Conduct Your own due diligence and consult Your financial advisor before making any investment decisions, and You should use the Services, Platform, and Content as part of a larger DeFi data toolkit.
“AS IS” and “AS AVAILABLE” Disclaimer
The Platform, Service, and Content are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects and without warranty of merchantability and/ or any other warranty of any kind. Neither YM nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of YM are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
To the maximum extent permitted under applicable law, YM, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, YM provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
You should use the Platform and the Services as part of a wider DeFi data toolkit.
Indemnification
Except to the extent prohibited under applicable law, You shall indemnify, defend and hold harmless YM and its members, managers, directors, officers, founders, advisors, investors, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties, whether threatened or actual, and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of, relating to or in connection with: (i) Your use (or misuse) of and access to the Platform, Service, and Content; (ii) Your violation of any of these Terms; (iii) Your violation of any applicable law, rule or regulation; (d) any claim that any information provided by You to YM in connection with the Platform, including the Content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that You have with any third party relating to or in connection with the Service or Content. YM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event You will fully cooperate with YM in asserting any available defenses and in the conduct of such defense.
Changes to or Discontinuation of the Services, Platform, or Content
At any time and in YM’s sole discretion, YM may (in whole or in part) modify, suspend, or discontinue the Service and/or modify the Platform and any Content without notice. YM may change or remove particular blockchains, tokens, or Smart Contracts at any time without notice. You shall not hold YM liable for the effects of any such modification, suspension or discontinuance of the Services or Platform.
Account Termination
If You violate these Terms, YM may, at our sole discretion, suspend, terminate, or block Your access to the Platform and all Services (in whole or in part) without notice and with no refund. The remedies available to YM in these Terms are cumulative and in addition to any others available to YM.
Account termination may be requested at any time. However, all user fees are due upon receipt, and no refunds will be issued for any reason.
Reporting
YM reserves the right to report any activity, data, or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators, including the U.S. Securities and Exchange Commission (SEC); (iii) system administrators at Internet service providers, networks, or computing facilities; and (iv) providers and/or third-party vendors if we suspect that You have violated these Terms or any law, rule, or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to You and/or Your use of the Service, including without limitation Your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors, or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental or regulatory request.
Entire Agreement
These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at https://yieldmonitor.io/privacy), constitute the entire agreement between You and YM relating to Your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between You and YM with respect to the Service.
Modification to Terms
We may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Service. You should check this URL often for the most current Terms that apply to Your use of the Services, Platform, and Content.
Relationship Between The Parties
You agree that no joint venture, agency, partnership, or employment relationship exists between You and YM and/or its affiliates as a result of these Terms or use of the Service.
Force Majeure
In no event shall YM be responsible or liable for any fault, failure, or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, or computer (software and hardware) services.
Severability
If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed (i) superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions, or (ii) in the event the term cannot be modified, it shall be severed from the remainder of the Agreement and all remaining terms shall exist in full force and effect.
Non-Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by You. Any attempted transfer or assignment by You in violation hereof shall be null and void. YM may assign this Agreement and the associated rights without restriction.
Governing Law, Jurisdiction, and Venue
These Terms and any and all claims, disputes, or other legal proceedings, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms, the Service, or Your use of or access to the Platform and the Content thereon, shall be governed by and construed in accordance with U.S. federal law and the laws of the State of Virginia, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with the Service, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Richmond, Virginia, and You further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue including on the basis of forum non-conveniens.
Contact
For additional information regarding these Terms, please contact support@yieldmonitor.io.