Flima Terms & Conditions
Welcome to https://app.flima.io, a website-hosted user interface (the "App") provided by Flima ("we", "our", or "us").
By accessing or using the App, the website and its subdomains, and any services available within the site, you signify that you have read, understand, and agree to be bound by these Terms & Conditions. If you do not agree, you are not authorized to access or use; and should not use the App.
Flima reserves the right, at our sole discretion, to amend, change, modify, add or remove portions of these Terms & Conditions at any time. It is your responsibility to check these terms periodically for changes.
The current version of these terms is available at Flima.io. Your continued use of the App and Services following the published updates to the terms will mean that you accept and agree to the changes.
This Agreement contains important information, including a binding arbitration provision and a class action waiver. All disputes arising under this Agreement shall be settled in binding arbitration.
To access or use the App, 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., eighteen years old) 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 App.
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; and that your access and use of the App will fully comply with all applicable laws and regulations; and that you will not access or use the App to conduct, promote, or otherwise facilitate any illegal activity.
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 App; (b) to review, modify, filter, disable, delete and remove any and all content and information from the App; 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.
When you use the App, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens that you swap. We do not collect any personal information from you (e.g., your name or other identifiers that can be linked to you). We do, however, use third-party service providers, like Firebase and Google Analytics, which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information. In particular, please visit https://policies.google.com/technologies/partner-sites to learn more about how Google uses data. By accessing and using the App, you understand and consent to our data practices and our service providers' treatment of your information.
We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the App. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the App. We do not retain the information we collect any longer than necessary for these purposes.
Non-Custodial Nature of Flima Services
Flima’s technology acts as a non-custodial escrow service allowing its users to exchange value without any middlemen or counterparty risks.
Users interact directly with a smart contract and decide on the terms of the trade. In true peer-to-peer fashion, Flima is never a party to any transaction. Because we are not a party, it’s impossible for us to impose spending conditions on escrows—such as how and when the receiving party can spend funds locked in the smart contract.
Funds locked in the Flima ecosystem can only be retrieved by the rightful private key owner or the specific beneficiary set at time of contract execution. All pertinent data involved in transactions are entirely handled by the users. Users will not have to forfeit their rights to privacy in order to participate in our ecosystem.
Risk of Digital Assets and Decentralized Networks
Please understand the inherent risks associated with using cryptographic and blockchain-based systems and be aware that blockchain-based transactions are irreversible.
You further 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. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the App, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool. You 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.
We are not responsible for any digital asset market and we make no representations or warranties concerning the real or perceived value of digital assets as denominated in any quoted currency. We are not liable for any losses you may incur by using or transferring digital assets, or by mishandling digital asset private keys outside our control that you experience while accessing or using the App.
Non-Solicitation; No Investment Advice
You agree and understand that all trades you submit through the App are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades, and that we do not conduct a suitability review of any trades you submit.
All information provided by the App is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the App. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. 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.
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the App:
1) 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.
2) 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.
3) 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 in order to unlawfully obtain the property of another.
4) 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 spoofing and wash trading.
5) Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.
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 App, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the App or the information contained within it. We assume 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 App; (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 App; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the App; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the App; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our 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 App, or USD$100.00, 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 this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
Flima disclaims any and all promises, representations, and warranties, whether express, implied, or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, data accuracy, system integration, title, non-infringement and/or quiet enjoyment, and any services provided by Flima are provided “as is” and “as available.” Except as expressly provided herein, you acknowledge that Flima makes no warranties under this Agreement directly for the benefit of any end-user, and that Flima’s obligations under this agreement are for the benefit of you only, and not for the benefit of any other person. In entering into this agreement, you represent that you have not relied upon any representation or warranty of Flima or its affiliates except as expressly set forth in this agreement. We do not make any representations or warranties that access to the services shall be continuous, uninterrupted, timely, or error-free.
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.