Terms of Use
Last updated: 014/01/2025
SuperHedge Privacy Policy
OVERVIEW
These Terms of Use, together with any documents and additional terms they, by reference, expressly incorporated (collectively, these “Terms”), are entered into between SuperHedge Pte. Ltd. (hereinafter referred to as “SuperHedge”, “we”, “our” or “us”) and the person making use of SuperHedge’s services, including, but not limited to, the use of this website (hereinafter referred to as the “User”, “you” or “your”). These Terms constitute a binding legal agreement between SuperHedge and the User following such User’s acceptance of such Terms.
Within these Terms, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural unless the context otherwise requires.
These Terms and any other terms and conditions incorporated herein by reference govern your access to and use of SuperHedge's Portal and Services. You must read the Terms carefully. By accessing, browsing or otherwise using SuperHedge's Portal or Services, or by acknowledging agreement to the Terms, you agree that you have read, understood and accepted all of the Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated by reference into the Terms.
By accessing or using SuperHedge's Portal or Services, as further defined in Section 1, the User accepts and agrees to be bound by and comply with these Terms, including the mandatory arbitration provision envisaged in Section 18. If the User does not agree to these Terms, such User should not access or use SuperHedge's Portal or Services.
The User must be able to form a legally binding contract online on behalf of a company or as an individual, as outlined in Section 2.
SuperHedge appeals to the User to carefully review the disclosures and disclaimers set forth in Section 14 in their entirety before using any software developed by SuperHedge. Section 14 provides important details about the legal obligations associated with the User's use of the SuperHedge open-source software. By accessing or using SuperHedge's Portal or Services, the User agrees that SuperHedge does not provide execution or clearing services of any kind and is not responsible for executing or clearing transactions automated through the SuperHedge open-source software.
1. KEY DEFINITIONS
For the purpose of these Terms, the following capitalized terms shall have the following meanings:
1.1. "Affiliate" means, with respect to a party to these Terms, any legal entity that, directly or indirectly controls, is controlled by or is under common control with SuperHedge.
1.2. "Applicable Law" means any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directives, requirement or guideline, published or in force which applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental Authority having jurisdiction over SuperHedge, the User, the Portal or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity.
1.3 "Ether" means the utility token of the Ethereum Blockchain that may be used to purchase computational resources to run decentralised applications or perform actions on such Blockchain.
1.4 "Ethereum Address" means the unique public key cryptocurrency identifier that points to an Ethereum-compatible wallet to which Ether may be sent or stored.
1.5 "Ethereum Blockchain" means the underlying blockchain infrastructure SuperHedge leverages to offer its Services.
1.6 "Governmental Authority" means the applicable domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority.
1.7 "Portal" means the SuperHedge website located at "supeerhedge.com", and all associated sites linked thereto by SuperHedge and its Affiliates, including SuperHedge's decentralised application layer on the Ethereum Blockchain.
1.8 "Services" The Products offered by SuperHedge as accessible through the Portal.
1.9 "Product" means any product offered through the Services and available in the Portal.
2. ELIGIBLE USERS
The following are conditions of access to the Portal, and each time you access the Portal, the User represents and warrants to us that:
2.1 The User is an individual that is 18 years of age or older, capable of forming a binding contract with us, and under no legal impediment or incapability;
2.2 The User is an authorised representative of a company and have the authority from that company to access the Portal and form a binding agreement with us on behalf of that company;
2.3 The User is not identified as a "Specially Designated National" by the US Office of Foreign Assets Control or otherwise subject to any sanctions or restrictions which may affect our ability to provide the User with our Services;
2.4 The User has the full power and authority to agree to these Terms and to use any Service offered by SuperHedge through the Portal;
2.5 The User has read the Risk Sections and the Product Terms of Use prior to using any Service, and that you are solely responsible for your trading or non-trading actions and have had the opportunity to take any legal, financial, accounting or other advice that you deem appropriate prior to accessing the Portal or using any of the Services;
2.6 The User will only trade with legally obtained digital assets that belong to The User, and that The User has full legal and beneficial title to any such assets at the time The User transfers them to us;
2.7 The User is not located in, or a resident of, any Restricted Territory (as defined below) and has not used any technical means (including a VPN) to misrepresent its geographical location to access the Portal from any Restricted Territory; and
2.8 The User is acting for its own account as principal and not as trustee, agent or otherwise on behalf of any other persons.
Your access to the Portal and any Services may be restricted based on your jurisdiction or geographical location. You must not use the Protocol if you are located in or a citizen or resident of any state, country, territory, or other jurisdiction in which use of the Portal or the Services would be illegal or otherwise violate any applicable law (a “Restricted Territory”). The fact that the Portal is accessible in a Restricted Territory or that the Portal allows the use of the official language of a Restricted Territory, or a language commonly used in a Restricted Territory must not be construed as a license to use the Portal in such a Restricted Territory. We unconditionally reserve the right to restrict access to any Restricted Territory and may implement technical controls to prevent access to the Portal or any Services from any Restricted Territory. 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, which include, without limitation the following: (a) Belarus, Cuba, Democratic People’s Republic of Korea (DPRK), Democratic Republic of Congo, Iran, Lebanon, Libya, Mali, Myanmar, Nicaragua, Russia, Singapore, Somalia, South Sudan, Sudan, Syria, the following regions of Ukraine: Crimea, Donetsk and Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide or economic sanctions by the United Nations, United States of America, the European Union or the United Kingdom; and (b) United States of America, the United Kingdom, Canada, and the People’s Republic of China. If you are a resident or citizen of or otherwise are located or incorporated in, or have a registered office in any Restricted Territory, do not use SuperHedge’s Portal or Services or attempt to use a virtual private network (VPN) or other technology to circumvent the restrictions set forth herein. Use of a VPN to access SuperHedge’s Portal or Services is expressly prohibited. You acknowledge and agree that you will not use a VPN or similar technology to access or use SuperHedge’s Portal or Services in any way. We reserve the right to restrict or discontinue your access to and use of the Portal and Services if we know or have reason to suspect you are using a VPN for such access or use.
3. MODIFICATIONS TO THESE TERMS
In our sole discretion, we reserve the right to modify these Terms from time to time. If modifications are made, SuperHedge will provide the User with notice of such changes by providing a notice through our Services or updating the date at the top of these Terms.
Unless we say otherwise in our notice, all such modifications are effective immediately, and your continued use of our Services after we provide such notice will be construed as a consensual confirmation of the notified changes.
Where the User does not agree with the modified Terms, such User is to cease from using SuperHedge's Services at once.
4. SERVICES
4.1 Ethereum Gas Fees - SuperHedge's Services involve the use of the Ethereum Blockchain, which requires the payment of a fee, commonly known as the "Ethereum Gas Fee," for the computational resources required to conduct a transaction on the Ethereum Blockchain successfully. You acknowledge and agree that SuperHedge has no control over: (1) any Ethereum blockchain transactions; (2) The method of payment of any Ethereum Gas Fees; and (3) Any actual payments of Ethereum Gas Fees. Accordingly, the User must ensure that he has a sufficient balance of Ether stored at his Ethereum Address to complete an Ethereum Blockchain transaction.
4.2 Conditions and Restrictions - SuperHedge may, at any time and in its sole discretion, restrict the User's access to, or otherwise impose conditions or restrictions upon such User's use of, the Services or the Portal, with or without prior notice. You acknowledge that we may or may not be in a position to provide information about the reasons for such closure or suspension.
4.3 No Broker, Legal or Fiduciary Relationship - SuperHedge is not the User's broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to the User regarding any other decisions or activities that the User effects when using SuperHedge's Portal or Services. No communication or information provided by SuperHedge to the User is intended or to be construed as advice by such User.
4.4 User's Responsibility - As a condition to accessing or using SuperHedge's Portal or Services, the User shall: (a) Only use SuperHedge's Portal and or Services for lawful purposes, and in accordance with these Terms; (b) Ensure that, at all times, all information that the User provides on the Portal is current, complete and accurate; and (c) Maintain the security and confidentiality of his Ethereum public and private keys.
4.5 Unacceptable Use or Conduct - As a condition for accessing or using SuperHedge's Portal or Services, the User shall not: (a) Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, each as may be amended from time to time; (b) Infringe on or misappropriate any contract, intellectual property or other third-party rights, or commit acts of tortious liability while using SuperHedge's Portal or Services; (c) Use SuperHedge's Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) Attempt to circumvent any content filtering mechanisms or security measures that SuperHedge employs on the Portal, or attempt to access any Service or area of the Portal or Services that the User is not authorised to access; (e) Use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, terrorist activities, or other illegal activities; (f) Use any robot, spider, crawler, scraper, or other automated means or interface not provided by SuperHedge to access the Services or to extract data; (g) Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Portal or the Services; (h) Provide false, inaccurate, or misleading information; (i) Post content or communications on the Portal 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; (j) Post content on the Portal containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of the Service; (k) Use SuperHedge's Portal or Services from a Restricted Territory; (l) Encourage or induce any third party to engage in any activities prohibited under this Section.
4.6 Your Assumption of Risks - The User represents and warrants that SuperHedge will have no responsibility or liability for any of the risks mentioned in Sections 5, 6, 7 and 8.
4.7 Your Content - The User hereby grants to SuperHedge a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any content that is available to other users via the Portal as a result of the User's use of the Portal (collectively, "Your Content").
This includes, without limitation, content for promoting SuperHedge (or its Affiliates), the Services or the Portal. The User represents and warrants the following: (a) The User owns his content or has the right to grant the rights and licenses in these Terms; and (b) The User's Content and SuperHedge's use of the User's Content, as licensed herein, does not violate or infringe on any third party's rights.
5. DIGITAL ASSET RISKS
5.1 Digital Assets: Digital asset prices are volatile and fluctuate day to day. Trading in these digital assets may be considered a high-risk activity. Proper diligence and sound judgement should be used in evaluating the risks associated with these activities. We do not solicit nor represent that digital assets are an investment vehicle. The decision to trade digital assets rests entirely on the users' independent judgement. Any digital asset may decrease in value or lose value due to various factors, including the discovery of wrongful conduct, market manipulation, change to the nature or properties of a digital asset, or governmental or regulatory activity. Demand for digital assets may be partially or wholly driven by speculation or market sentiment.
5.2 Lack of Information Available: You may not have full access to all the information relevant to the particular Digital Asset or its underlying platform or network. It may not be possible to obtain updated information regarding the progress or any changes to particular Digital Assets or their underlying platforms or network. Many Digital Asset issuers or operators may also have no operating history or track record that any be used to evaluate the ability to achieve their stated project goals.
5.3 Network Events: Digital Assets may be subject to various Network Events, including Forks, Airdrops, attacks on the security, integrity or operation of the networks, or Network Participants making a binding decision in relation to the network underlying a Digital Asset. Such events may affect the features, functions, operation, use or other properties of any Digital Asset, Network or platform. The events may also severely impact the price or value of any Digital Assets or even result in the shutdown of the network or platform associated with the Digital Asset. Such Network Events may be beyond the control of the User or SuperHedge, or to the extent SuperHedge has any ability to impact the Network Event, SuperHedge's decision or actions may not be in your interests. Where you transfer digital assets to SuperHedge which are the subject of a Network Event, you may not be entitled to the proceeds arising from any Network Event, and SuperHedge is entitled to keep any digital assets created because of Network Events (for example, in circumstances where there is a fork in the network). The User should not transfer assets to SuperHedge, where you wish to receive the benefits of those Network Events.
5.4 Inflation Risk: Digital Assets may, either because of the inherent design of the digital asset or through Network Events, not be a fixed supply of assets. Where additional Digital Assets are created, the asset's price may decline due to the inflationary effects of adding additional Digital Assets to the total assets available.
5.5 Concentration Risk: At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Digital Asset. Acting individually or in concert, these holders may have significant influence over the Digital Asset and may be able to influence or cause Network Events which may have a detrimental effect on the price, value or functionality of the Digital Assets. Network Participants may make decisions which may not be in the User's best interest as a holder of Digital Assets.
5.6 Suspensions of Trading/Network Events: Under certain conditions, liquidating a position in Digital Assets may be difficult or impossible. Certain Network Events (including total failure of a network) may occur rapidly and affect the ability of holders of Digital Assets to conduct transactions. Information relating to these Network Events may be difficult to ascertain ahead of time and may be subject to limited oversight by any third party capable of intervening to stabilize the network.
6. Cybersecurity Risks
6.1 Source Code Changes and Flaws: The various source codes underlying Digital Assets and smart contracts are subject to change and may at any time contain one or more defects, weaknesses, inconsistencies, errors or bugs. Unless otherwise represented in writing by SuperHedge, no audit or investigation has been conducted on any source code produced by parties other than SuperHedge.
6.2 Cryptographic advancements: Developments in cryptographic technologies and techniques, including the advancement of artificial intelligence or quantum computing, pose security risks to all cryptography-based systems, including Digital Assets. Applying these technologies and techniques to Digital Assets or the SuperHedge Portal and Services may result in theft, loss, disappearance, destruction, devaluation or other compromises of digital assets, the SuperHedge Portal and Services or your data.
6.3 Reliance on the Internet: Digital Assets and the SuperHedge Portal and Services rely heavily on the Internet. However, the public nature of the Internet means that either part of the Internet or the entire Internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur when transmitting data via the Internet. The result of the above may be that your order is not executed according to your instructions or not at all at the desired time.
6.4 Unauthorised access: Unauthorised third parties may use the User wallet and effect transactions without your knowledge or authorisation, whether by obtaining control over another device or account used by the User or other methods.
6.5 Loss of Private Key(s): Losing control of your private key(s) may permanently and irreversibly deny you access to digital assets. Neither SuperHedge nor any other person will be able to retrieve or protect digital assets for which you hold the private key(s). If the private key(s) is lost, it may become impossible to transfer digital assets to any other address or wallet, and you are solely responsible for securing your private key(s) in a manner that meets the User security circumstances.
6.6 Operational Risk: Breakdowns or malfunctioning of essential systems and controls, including IT systems or Digital Asset networks, may generally affect digital assets' value. In particular, digital assets may suffer from a concentration of operational risk during development, including key personnel, governance and financial control risk.
7. LEGAL RISKS
7.1 Country Risk: If an investment is made in any Digital Assets issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, including markets formally linked to a domestic market, recovery of the sums invested and any profits or gains may be reduced, delayed or prevented by exchange controls, debt moratorium or other actions imposed by the government or other official bodies. Before you use any Product, you should be familiar with any rules or laws relevant to the Services. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been effected. You should obtain independent advice about the different types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade. If your country of residence imposes restrictions on Digital Assets, we may be required to discontinue your access to the Portal and Services. We may not be permitted to transfer Digital Assets held in the Products back to the User or permit the User to transfer Digital Assets out of the SuperHedge Services to the User or others until the regulatory environment permits us to do so.
7.2 Taxation and required reporting to taxation authorities: You are responsible for all taxes in respect of any gains obtained in a Product, including past or retrospective taxes imposed on the Services. Before using any Product, you should understand the tax implications of acquiring, entering into, holding and disposing of a Digital Asset and a Product. Tax implications of any Service depend on the nature of your business activities and the Product in question. The User should consult their independent tax advisor to understand the relevant tax considerations.
7.3 Regulatory Uncertainty: The Services are potentially exposed to regulatory/legal risk. The legal and regulatory treatment of Digital Assets may change. Regulation of Digital Assets is unsettled and rapidly changing. Legal and regulatory treatment varies according to the jurisdiction. The effect of regulatory legal risk is that any Digital Asset may decrease in value or lose all of its value due to legal or regulatory change. This may affect the value or potential profit of a Product. Legal changes may make a previously acceptable investment illegal or subject to substantial restrictions that may affect the ability to liquidate a position. Changes to related issues such as taxation may occur and radically affect the value or profitability of a Digital Asset. Such risk is unpredictable and depends on geopolitical, economic, sovereign and other factors. Risks may be asymmetrical between established and emerging markets and affect some Digital Assets significantly more than others. SuperHedge recommends that the User obtains independent legal, tax and financial advice and continues to monitor the legal and regulatory position in respect of its use of the Services.
7.4 Legal Status of Digital Assets, Services and Portal: The laws of various jurisdictions may apply to Digital Assets or Services offered through the SuperHedge Portal. Applying these laws and regulations to Digital Assets is largely untested, and laws and regulations are subject to change without prior notice to either SuperHedge or the User. In particular, any current governmental or regulatory tolerance of Digital Assets may change rapidly, and Digital Assets may at any time be deemed to be a security, investment, asset or money by governmental authorities or regulators, which will affect SuperHedge's ability to offer the Services. As a result of regulation and legislation around Digital Assets, the Portal may not be available in certain jurisdictions or at all. Changes to access to the Portal or the Services may be made unilaterally on short or no notice to the User. SuperHedge may receive formal or informal queries, notices, requests or warnings by governmental authorities and regulators. Governmental authorities and regulators may take action against SuperHedge. As a result of such events, SuperHedge may be required to discontinue the Portal or Services. The User may also be subject to governmental or regulatory action by holding Digital Assets or using the SuperHedge Portal and Services. The User should take independent legal advice to evaluate the consequences of using the Services before accepting this Terms of Use or using the Services.
8. GENERAL RISKS
8.1 Suitability: You should decide to use any Service provided by SuperHedge only after due and careful consideration. You should determine whether a Product is appropriate in light of your experience in similar transactions, your objectives in engaging with SuperHedge, financial resources and other relevant circumstances. If you are unsure that the Product is suitable, you should obtain independent legal, tax or financial advice.
8.2 Fees: Before using the Services, the User should obtain details of all commissions, fees and other charges for which the User will be liable.
8.3 Not a Research Report: Any content provided by SuperHedge does not purport to be, and is not intended to be, a "research report" or "investment research".
8.4 Commercial Arrangements: SuperHedge may have a relationship with other entities which may not be disclosed to you.
9. PRIVACY
Please refer to SuperHedge's privacy policy at https://docs.superhedge.com/other-resources/privacy-policy for information about how SuperHedge collects, stores, and processes information about the User.
10. PROPRIETARY RIGHTS
10.1 Intellectual Property Rights Ownership: SuperHedge owns all intellectual property and other rights in the Portal, together with their contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorised by SuperHedge, the User may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use SuperHedge's Portal with its contents. Accessing or using SuperHedge's Portal or Services does not constitute a grant to you of any proprietary intellectual property or other rights in the Interface or its contents.
10.2 Trademarks: Any of SuperHedge's names, logos, and other marks used in the Portal or as a part of the Services, including SuperHedge's name and logo, are trademarks owned by SuperHedge, its Affiliates or its applicable licensors. You may not copy, imitate or use such Trademarks without SuperHedge's (or the applicable licensor's) prior written consent.
11. CHANGES, SUSPENSION AND TERMINATION
11.1 Changes to Services: SuperHedge may, in its sole discretion, from time to time and with or without prior notice to the User, modify, suspend or disable, temporarily or permanently, the Portal or the Services, in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.
11.2 No Liability: SuperHedge will not be liable for any losses suffered by the User resulting from any modification to the Portal or any Services or from any suspension or termination, for any reason, of your access to all or any portion of SuperHedge's Portal or Services.
11.3 Survival: These Terms will survive any termination of your access to SuperHedge's Portal or Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive.
12. ELECTRONIC NOTICES
The User consents to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our "Communications") that SuperHedge provides in connection with these Terms or any Services. The User agrees that SuperHedge may provide Communications to him by posting them on the Portal or by emailing them to the User at the email address provided in connection with the User's use of the Services if any. The User should maintain copies of SuperHedge's Communications by printing a paper copy or saving an electronic copy. The User may also contact SuperHedge's support team to request additional electronic copies of Communications by filing a support request at info@superhedge.com.
13. INDEMNIFICATION
The User will defend, indemnify, and hold harmless SuperHedge, its Affiliates, and its Affiliates' respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to: (a) The User's use of, or conduct in connection with, the Portal or the Services; (b) Ethereum Blockchain assets associated with the User's Ethereum Address; (c) Any feedback or user content the User provides to the Portal if any; (d) The User's violation of these Terms; or (e) The User's infringement or misappropriation of the rights of any other person or entity.
If the User is obliged to indemnify any Indemnified Party, SuperHedge (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether SuperHedge wishes to settle, and if so, on what terms.
14. DISCLOSURES AND DISCLAIMERS
The Portal and the Services are provided on an “as is” and “as available” basis. The Indemnified Parties make no guarantees in connection with the Portal or the Services. To the maximum extent permitted under applicable law, the Indemnified Parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement and disclaim all responsibility and liability for: (1) the Portal or the Services being inaccurate, incomplete, out of date, unreliable, interrupted, untimely, unsecure, or subject to errors or other issues. Information (including, without limitation, the value or outcome of any transaction) available through the Portal is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Services is at your own risk; and (2) viruses, worms, trojan horses, time bombs, cancelbots, spiders, malware or other types of malicious code that may be used to affect the functionality or operation of the Portal or Services. You expressly acknowledge, understand, and agree that the Services may contain audio-visual effects, strobe lights or other materials that may affect your physical senses or physical condition. The User expressly acknowledges that the Indemnified Parties are not liable for loss or damage caused by another User’s conduct, unauthorized actors, or any unauthorized access to or use of the Portal or Services.
15. LIMITATION OF LIABILITY
The Indemnified Parties shall, in no event, be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Portal and the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or nonperformance of the Services, the User's Ether, Product outcome, Service or other item provided by or on behalf of SuperHedge, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not SuperHedge has been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder. This limitation of liability shall apply to the fullest extent permitted by law.
16. RELEASE OF CLAIMS
You expressly agree that you assume all risks concerning your access to and use of SuperHedge's Portal or Services. Additionally, you expressly waive and release us from any liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of SuperHedge's Portal or Services.
17. THIRD-PARTY RESOURCES AND PROMOTIONS
SuperHedge's Portal or Services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services that we do not own or control. In addition, third parties may offer promotions related to your access and use of SuperHedge's Portal or Services. We do not endorse or assume responsibility for such resources or promotions. If you access any such resources or participate in such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any liability arising from your use of any such resources or participation in any such promotions.
18. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by, and construed in accordance with, the laws of the Republic of Singapore.
We will use our best efforts to resolve potential disputes through informal, good-faith negotiations. If a potential dispute arises, you must first contact us by email at admin@superhedge.com so we can attempt to resolve it without resorting to formal dispute resolution. If we cannot reach an informal resolution, then you and SuperHedge agree to determine the potential dispute according to the process below.
This arbitration agreement shall be governed by the laws of the Republic of Singapore;
The seat of arbitration will be in the Republic of Singapore.
The number of arbitrators will be one, and that arbitrator must have relevant legal and technological expertise and may be SuperHedge or the Chairman of the SIAC.
The language of the arbitration shall be English.
Notwithstanding any other provision of these Terms, you agree that SuperHedge has the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
19. ENTIRE AGREEMENT
The Terms, including the Privacy Policy, constitute the entire agreement between the User and SuperHedge with respect to the subject matter hereof. The Terms, including the Privacy Policy, supersede any prior or contemporaneous written or oral agreements, communications and other understandings relating to the subject matter of the Terms.
20. CONTACT US
Please send your feedback, comments, or requests for technical support to info@superhedge.com.
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