GAUGECASH Terms of Service

Last modified: February 28th, 2023

These Terms of Service (the “Agreement”) explains the terms and conditions by which you may access and use Gaugecash Website, a protocol (the “protocol” or “App”) provided by GAUGECASH S de RL de CV(“we,” “our,” or “us”). You must read this Agreement carefully as it governs your use of the Protocol. By accessing or using the Protocol, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you disagree, you are not authorized to access or use the Protocol and should not use the GAU Wallet.

NOTICE: The Protocol is only available to you — and you should only access the Protocol — if you agree entirely with these terms.

Introduction

The Protocol provides access to a decentralized service on the Polygon blockchain that allows users to exchange and trade digital assets (“GAUGECASH” or the “GAU Wallet”). The interface is integrated by two means of access to the Protocol: desktop and mobile.

To access GAUGECASH, you must own cryptocurrencies and approve your centralized exchange’s KYC process. Your relationship with those centralized exchanges is governed by that third party´s applicable terms of service, not by this Agreement. Centralized exchange accounts are not operated by, maintained by, or affiliated with us. We do not have custody or control over your account´s contents and cannot retrieve or transfer them. By interacting with our Protocol, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

Modification of this Agreement

In our sole discretion, we reserve the right to modify this Agreement occasionally. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and maintaining a current version at Gaugecash Terms Of Service. All modifications will be effective when posted, and your continued access or use of the Protocol will confirm your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Protocol.

Description of Services provided through the Protocol

The Protocol provides access to a decentralized service on the Polygon blockchain that allows users to exchange and trade digital assets. Interface for accessing Protocol The GAU Wallet is distinct from the Protocol and is the exclusive means of accessing the Protocol. GAUGECASH S de RL de CV does not control or operate any version of the Polygon or any other blockchain network.

Eligibility

To access or use the Protocol, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Protocol. You further represent that you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties. Finally, you represent that your access and use of the Protocol will fully comply with all applicable laws and regulations and that you will not access or use the Protocol to conduct, promote, or otherwise facilitate any illegal activity.

Intellectual Property Rights

We own all intellectual property, and other rights in the Protocol and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, designs, and its “look and feel.”

Additional Rights

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate, or add to the Protocol; (b) to review, modify, filter, disable, delete and remove any content and information from the Protocol; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited acts concerning your access and use of the Protocol:

• Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
• Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
• Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information to obtain the property of another unlawfully.
• Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as “rug pulls,” pumping and dumping, and wash trading.
• Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
• Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Protocol.
• Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable.
• Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of any relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by any law.

Not Registered with the SEC or Any Other Agency

We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf, nor do we collect or earn fees from your trades on the Protocol. We also do not facilitate the execution or settlement of your transactions, which occur entirely on the publicly distributed Polygon blockchain. As a result, we do not (and cannot) guarantee the market´s best pricing or execution through the Protocol.

Non-Solicitation; No Investment Advice

You agree and understand that: (a) all trades you submit through the Protocol are considered unsolicited, which means that you solely initiate them; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any transactions you submit.

You should not take, or refrain from taking, any action based on any information contained in the Protocol. You alone are responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

Non-Custodial and No Fiduciary Duties

The Protocol is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys, the encrypted file, the pin, and the password, which give you access to the digital asset wallets you hold. You should never share your wallet credentials: encrypted file, pin, and password with anyone. We accept no responsibility for, or liability to you, in connection with your use of a third-party account and make no representations or warranties regarding how the Protocol will operate with any specific interface. Likewise, you are solely responsible for any wallet you create. We are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are as a result of this irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations we owe you are those set out expressly in this Agreement.

Compliance and Tax Obligations

The Protocol is available and appropriate for use in any jurisdiction. By accessing or using the Protocol, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. Specifically, using the Protocol or the GAU Wallet may result in various tax consequences, such as income or capital gains tax, value-added tax, goods, and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and if so, to report and/or remit the correct tax to the appropriate tax authority.

Assumption of Risk

By accessing and using the Protocol, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems and that you have a working knowledge of the usage and intricacies of digital assets such as Polygon (Matic), so-called stablecoins, and other digital tokens such as those following the Ethereum Token Standard (ERC-20).

In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation.

Further, you understand that smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Polygon are variable and may increase at any time. If you act as a liquidity provider to the Protocol through the GAU Wallet, you understand that your digital assets may lose some or all of their value while they are supplied to the Protocol through the GAU Wallet due to the fluctuation of prices of tokens.

Finally, you understand that we do not create, own, or operate cross-chain bridges nor make any representation or warranty about the safety or soundness of any cross-chain bridge, including its use for GAU Wallet use.

In summary, you acknowledge that we are not responsible for any of these variables or risks, do not own or control the blockchain, and cannot be held liable for any resulting losses you experience while accessing or using the Protocol. Accordingly, you understand and agree to assume full responsibility for all the risks of accessing and using the GAU Wallet to interact with the Protocol.

Third-Party Resources and Promotions

The Protocol may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services we do not own or control. In addition, third parties may offer promotions related to your access and use of the Protocol. We do not approve, monitor, endorse, warrant, or assume any responsibility for such resources or promotions. Suppose you access any such resources or participate in any such promotions. In that case, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from using any such resources or participating in any such promotions.

Release of Claims

You expressly agree that you assume all risks concerning your access and use of the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Protocol.

Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from (a) your access and use of the Protocol; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party´s access and use of the Protocol with your assistance or using any device or account that you own or control.

No Warranties

The Protocol is provided on an "AS IS" and "AS AVAILABLE" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You acknowledge and agree that using the Protocol is at your own risk. No advice, information, or statement we make should be treated as creating any warranty concerning the Protocol. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements by third parties concerning the Protocol.

Similarly, the Protocol is provided "AS IS" at your own risk and without warranties of any kind. Although we created the initial code for the Protocol, it is run autonomously without any headcount by smart contracts deployed on the Polygon blockchain. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements by third parties concerning the Protocol.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE PROTOCOL. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES IN WHICH YOU INCUR FROM ANY ACCESS OR USING THE PROTOCOL; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM ANY ACCESS OR USE OF THE PROTOCOL; AND (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Dispute Resolution

We will use our best efforts to resolve potential disputes through informal, good-faith negotiations. If a potential dispute arises, you must email us at contact@gaugecash.com so we can attempt to resolve it without resorting to formal dispute resolution. If we cannot reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the applicable laws.

Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications, and other understandings (if any) relating to the subject matter of the terms. Gas Fees

Blockchain transactions require the payment of transaction fees to the appropriate network (“Gas Fees”). Except as otherwise expressly outlined in terms of another offer by GAUGECASH, you will be solely responsible for paying the Gas Fees for any transaction you initiate via the GAU Wallet.