As of December 13, 2022
Pablo is a new-generation, cross-chain decentralized exchange (“DEX”) built into the Picasso parachain and combines the concept of protocol-owned liquidity within the design of a DEX and aims to provide a superior trading experience and deep liquidity. The protocol consists of free, publicly available, open-source software, including smart contracts that are deployed on the Kusama and Polkadot blockchains.
By accessing, using, or clicking on, website (and all related subdomains), webapp, or mobile applications (if any) of Pablo (the “Site”) or accessing, using or attempting to use the Services thereon, you agree that you have read, understood, and are bound by these Terms and that you shall comply with the requirements listed herein. If you do not agree to any of these Terms or comply with the requirements herein, please do not access or use the Site or the Services.
These Terms govern your use of the Site to access the order book, matching engine, smart contracts, decentralized applications, APIs and all other software that Composable, Pablo or a third party has developed for trading or receiving cryptocurrencies, coins or tokens and, without limitation, other blockchain-based assets such as non-fungible tokens or “NFTs” (collectively, “Digital Assets”) and exchanging one Digital Asset for another Digital Asset. These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Site and the Services.
We reserve the right, in our sole discretion, to make changes or modifications to the Site and these Terms at any time and for any reason. You will be subject to, and will be deemed to have been made aware of and to have accepted, any such changes by your continued use of the Site.
The Site is intended for users who are at least eighteen (18) years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Additionally, you also represent and warrant that you are not a citizen or resident of a state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Site or the Services would be illegal or otherwise violate any applicable law. Specifically, you represent that you are not located in, organized in, or a resident of Cuba, Iran, Syria, North Korea, Russia, Crimea, Donetsk, Luhansk, or any other jurisdiction where the applicable law prohibits you from accessing or using the Services (“Restricted Territory”); and you represent that you are not named in the Office of Foreign Asset Control of the U.S. Department of the Treasury’s Specially Designated and Blocked Persons List.
The Services are not offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in the United States of America (collectively, “US Persons”). Moreover, no Services are offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any Restricted Territory. We do not make exceptions; therefore, if you are a US Person, then do not attempt to use our perpetual contracts and if you are a restricted person, then do not attempt to use any of the services. Use of a virtual private network (VPN) to circumvent the restrictions set forth herein is prohibited.
2. Informational Resource
All information, including graphs, charts, tokenomics, projections, and all other data, provided in connection with your access to the Site and the Services are for general informational purposes only and subject to change at the sole discretion of Composable. Composable provides resources about the fundamentals of the Pablo protocol. This information is not intended to be comprehensive or address all aspects of the protocol. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, news feeds, tutorials, tweets, and videos.
The materials appearing in the Site could include technical, typographical, or photographic errors or inaccuracies. Composable does not warrant that any of the materials on Pablo are accurate, complete or current and does not undertake to periodically review the materials for accuracy, completeness or recency.
3. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, smart contracts, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the applicable jurisdiction, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4. Third-Party Website and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms no longer govern. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any losses or injury caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
5. Unacceptable Use or Conduct
As a condition to accessing or using the Site or the Services, you will not:
- Violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws (such as the Bank Secrecy Act of the United States), as may be amended;
- Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site or the Services;
- Use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or Services, or that could damage, disable, overburden, or impair the functioning of the Site or Services in any manner;
- Attempt to circumvent any content filtering techniques or security measures that Composable employs on the Site, or attempt to access any service or area of the Site or the Services that you are not authorized to access;
- Use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
- Transfer or transact with Digital Assets that you have no legal right in or was not lawfully obtained by you;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Services or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the Services;
- Engage in improper or abusive trading practices, including (a) any fraudulent act or scheme to defraud, deceive, trick or mislead; (b) trading ahead of another user of the Services or front-running; (c) fraudulent trading; (d) accommodation trading; (e) fictitious transactions; (f) pre-arranged or non-competitive transactions; (g) violations of bids or offers; (h) spoofing; (i) manipulation; (j) spoofing; (k) knowingly making any bid or offer for the purpose of making a market price that does not reflect the true state of the market; or (l) entering orders for the purpose of entering into transactions without a net change in either party’s open positions but a resulting profit to one party and a loss to the other party, commonly known as a “money pass.”
- Use or access the Site or the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
- Provide false, inaccurate, or misleading information;
- Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- Post content on the Site containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of the Services;
- Use the Site or the Services from a jurisdiction that we have, in our sole discretion, or a relevant governmental authority has determined is a jurisdiction where the use of the Site or the Services is prohibited;
- Harass, abuse or harm another person, including Composable’s employees and service providers;
- Impersonate another user of the Services or otherwise misrepresent yourself;
- or Engage or attempt to engage, or encourage, induce or assist any third party to engage or attempt to engage in any of the activities prohibited under this section any other provision of these Terms.
6. Proprietary Rights
You acknowledge that certain aspects of the Site or the Services may use, incorporate or link to certain open-source components and that your use of the Site or Services is subject to, and you will comply with, any applicable open-source licenses that govern any such open-source components (collectively, the “Open-Source Licenses”). Without limiting the generality of the foregoing, you may not (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Site or the Services; (b) use the Site or the Services for time-sharing or service bureau purposes; or (c) otherwise use the Site or the Services in a manner that violates the Open-Source Licenses.
Excluding third-party software that the Site or the Services incorporates, as between you and Composable, Composable owns the Site and the Services, including all technology, content and other materials used, displayed or provided on the Site or in connection with the Services (including all intellectual property rights subsisting therein, whether or not subject to the Open-Source Licenses), and hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use those portions of the Site and the Services that are proprietary to Composable and not available pursuant to the Open-Source Licenses.
The Services are non-custodial. When you deposit Digital Assets into any Composable-developed smart contract, you retain control over those Digital Assets at all times. The private key associated with your blockchain address from which you transfer Digital Assets is the only private key that can control the Digital Assets you transfer into the Composable-developed smart contracts. In some cases, you may withdraw digital assets from any Composable-developed smart contract only to the blockchain address from which you deposited the Digital Assets.
7. Forward-Looking Statements
This information contains “forward-looking statements.” These statements, identified by words such as “plan,” “anticipate,” “believe,” “estimate,” “should,” “expect,” “will,” “can,” and similar future-looking expressions include our expectations and objectives regarding our future operating results and business strategy. Forward-looking statements involve known and unknown risks, uncertainties, assumptions and other factors that may cause the actual results, performance or achievements of Composable and its affiliated entities or related projects to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such factors include, among others, general business, economic, competitive, political and social uncertainties; dependence on commercial product interest; as well as regulatory or legal changes and uncertainty. Forward-looking statements are based on a number of material factors and assumptions, economic conditions in the near to medium future, the average cost of the Company’s offerings compared to traditional offerings, fluctuations or changes to the tax and other regulatory requirements regarding decentralized finance (DeFi) and the industry as a whole. While the Company considers these facts and assumptions to be reasonably based on information currently available to it, these assumptions may prove to be incorrect. Actual results may vary from such forward-looking information for a variety of reasons, including but not limited to risks and uncertainties known and unknown by the Company. Because forward-looking statements relate to the future, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. The Company’s actual results and conditions may differ materially from those indicated in the forward-looking statements. Therefore, you should not rely on any of these forward-looking statements.
8. Not an Offering
Any information in this Site does not constitute an offer to sell or a solicitation of an offer to purchase securities, assets, including Digital Assets, or financial instruments by the Company, or to enter into a transaction involving any such security or financial instrument. Such an offer can only be done through a registered or licensed offering or subject to an exemption. The recipient should not rely upon anything within this information in making a decision to participate in the Company’s issuances or to utilize the Company’s technology. The Company is not required to update the information provided and the information is only current as of the date of its release and is subject to change over time.
9. Not Professional Advice
All information provided by the Site or Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Site or Services. Before you make any financial, legal, or other decisions involving the Site or Services, you should seek independent professional advice from an individual who is licensed and qualified in the area, subject matter and jurisdiction for which such advice would be appropriate.
Composable is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any decisions or activities that you have undertaken or will be undertaking when using the Site or the Services. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as advice.
10. Assumption of Risks
You represent and warrant that you:
- Have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any transactions that you engage in through the Site or Services;
- Have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable law of engaging in transactions through the Site or Services;
- Understand and agree to the inherent risks associated with cryptographic systems and blockchain-based networks, digital assets, including the usage and intricacies of native digital assets, smart contract-based tokens (including fungible tokens and NFTs), and systems that interact with blockchain-based networks. Composable does not own or control all of the underlying software through which other blockchain networks are formed. For example, the software underlying blockchain networks, such as the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it;
- Acknowledge that any use or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the Site or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the digital asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of digital asset;
- Acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the Services, and could result in the theft or loss of your digital assets. To the extent possible, we intend to update Composable-developed smart contracts related to the Services to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not guarantee or otherwise ensure full security of the Services;
- Acknowledge and agree that (a) Composable is not solely responsible for the operation of the blockchain-based software and networks underlying the Services, (b) there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Services;
- Understand that Pablo and the Picasso parachain remains under development, which creates technological and security risks when using the Services in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting in Pablo and the Picasso parachain is variable and may increase at any time causing impact to any activities taking place therein, which may result in price fluctuations or increased costs when using the Services;
- Understand that blockchain networks use public and private key cryptography. Thus, you alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to any of your digital assets on the network. Neither Composable nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the digital assets that you may hold;
- Understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation;
- Confirm that you are solely responsible for your use of the Services, including all of your transfers of Digital Assets and all the trades you place, including any erroneous orders that may be filled. We do not take any action to resolve erroneous trades or transfers that result from your mistake or inadvertence;
- Acknowledge that Composable’s underlying software and software application are still in an early development stage and unproven. There is an inherent risk that the software could contain weaknesses, vulnerabilities, or bugs causing, inter alia, the complete loss of digital assets and tokens.
- Acknowledge that the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Services or Site. This warning and other warnings that Composable provides in these Terms are in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services or accessing the Site;
- Acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Services, you may suffer large and immediate financial loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and may experience price slippage and cost. Thus, you should not hold value you cannot afford to lose in digital assets;
- Agree and accept that the Services and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Composable to continue to make available our proprietary software and could impede or limit your ability to access or use the Services;
- Understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens;
- Understand that digital assets and tokens may be subject to expropriation and/or theft by hackers or other malicious groups by obstructing the token smart contract which creates the tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing
- Understand and accept that DEXes require no form of Know-Your-Customer due diligence before users can trade and anyone with a crypto wallet can trade on DEXes without any discrimination, which, thus, may potentially increase the risk of interacting with malicious or fraudulent users;
- Acknowledge that DEXes, because of their decentralized nature, are not presently subject to comprehensive regulation;
- Acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time;
- Understand and accept that you are solely responsible for reporting and paying any taxes applicable to your use of the Services;
- Confirm and accept that there are risks associated with the use of the Site and Services that Composable cannot anticipate. Such risks may appear as unanticipated variations or combinations of the risks discussed above;
- Understand and accept that Composable has the right to disable or modify access to the Site and the Services (such as restricting features of the Services) at any time in the event of any breach of these Terms, including, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Services being inaccessible to you at any time or for any reason;
- Understand that the Site and the Services may evolve, which means Composable may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in our sole discretion;
- and Assume, and agree that Composable will have no responsibility or liability for any and all the risks associated with the use of the Site and Services, including, but not limited to the above and you hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Composable, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
11. Disclosures and Disclaimers
Composable is a developer of software. Composable does not operate a digital asset or derivatives exchange platform or offer trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the Services. All transactions between users of Composable-developed software are executed peer-to-peer directly between the users’ blockchain addresses through a smart contract. You understand that Composable is not registered or licensed by any regulatory agency or authority. No such agency or authority has reviewed or approved the use of Pablo.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT, MATERIALS, AND INFORMATION OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INFORMATION, AND/OR MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
Under no circumstances shall Composable or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable 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 Site, nor will Composable be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or the information contained within it. Composable assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Site; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall Composable or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Site, or USD$50.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
13. Indemnification and Full Release
You hereby agree to defend, indemnify, and hold Composable harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your access and use of the Site and Services and any other party's access and use of the Site with your assistance or using any device or account that you own or control; (b) your breach or alleged breach of these Terms; (c) any breach of your representations and warranties set forth in these Terms; (d) anything you contribute to the Services (e) your misuse of the Services, or any smart contract and/or script related thereto, (f) your violation of the rights of a third party, including but not limited to intellectual property rights, publicity, confidentiality, property, or privacy rights (g) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (h) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You will not in any event settle any claim without our prior written consent.
You likewise expressly agree that you assume all risks in connection with your access and use or interaction with the Site, our Services, Pablo, and/or other Composable protocols, as applicable. 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 or interaction with Pablo, the Site, our Services, and/or the Composable protocols.
Additionally, you hereby agree that Composable will have no responsibility or liability for the risks set forth in the section on “Assumption of Risks.” You further irrevocably waive, release and discharge all claims, whether known or unknown to you, against Composable and our shareholders, members, directors, officers, employees, agents, representatives, affiliates, related persons, suppliers, and contractors in relation to any of the risks set forth in the section on “Assumption of Risks.”
14. Dispute Resolution
Please read this section carefully: it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.
Good Faith Negotiations
Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to these Terms, the Site, and the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. For any Dispute you have against Composable, you agree to first contact Composable and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Composable by email at email@example.com or by certified mail addressed to Fortgate Offshore Investment and Legal Services Ltd., Ground Floor, The Sotheby Building, Rodney Village, Rodney Bay, Gros-Islet, Saint Lucia. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. The party receiving such notice shall have thirty (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below.
No Representative Actions
You and Composable agree that any Dispute arising out of or related to these Terms, including access and use of the Site and Services, are personal to you and Composable and that any Dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Agreement to Arbitrate
You and we are each waiving the right to a trial by jury and to have any Dispute/s resolved in court. You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be in St. Lucia. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving internet technology, software applications, financial transactions and, ideally, blockchain technology. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
You have the right to opt out of binding arbitration within fifteen (15) days after the expiry of the 90-day period for good faith negotiations and the parties are unable to resolve the Dispute by mailing an opt-out notice to Composable at Fortgate Offshore Investment and Legal Services Ltd., Ground Floor, The Sotheby Building, Rodney Village, Rodney Bay, Gros-Islet, Saint Lucia. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve the Dispute in accordance with the provisions on governing law and venue provided in these Terms.
15. Reserved Rights
Composable reserves the following rights: (a) with or without notice to you, to modify, substitute, eliminate or add to the Site; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Site; 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.
These Terms may be assigned without your prior consent to any person or entity, including Composable’s affiliates, successors and assigns. You may not assign or transfer any rights or obligations under this agreement without our prior written consent.
17. Governing Law and Venue
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Saint Lucia. Any dispute between the Parties that is not subject to arbitration will be resolved in Saint Lucia.
18. Entire Agreement
19. Access and Acceptance
By accessing or interacting with Pablo, the Site, our Services and/or any of the other Composable protocols or by acknowledging these Terms by other means, you hereby acknowledge and accept the foregoing obligations and conditions outlined in these Terms, If you do not agree to these Terms, then you must not access or use Pablo, the Site, our Services, and/or any of the other Composable protocols.