✔️Terms of Service

Please read our terms of service carefully.

Last modified: August 23, 2023 (Created 2023)

These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the products provided by Sorcery Capital (referred to herein as "SorcerySwap, Sorcery Finance", "we", "our", or "us"). The products shall include, but shall not necessarily be limited to, https://sorceryswap.com, https://sorcery.finance these are website-hosted user interfaces ("Application or Dapp")

You must read this agreement and document carefully as it governs your use of our products. By accessing or using any of our products, you signify that you have read, understand, and agree to be bound by this agreement in its entirety. If you do not agree, you are not authorized to access or use any of our products and should not use our products.

To access or use any of our products, 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 within this agreement on behalf of yourself and any company or legal entity for which you may access or use our application. If you are entering into this agreement on behalf of an entity, you represent to us that you have the legal authority to bind such an entry.

You further represent that you are not (a) 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 (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of any of our products will fully comply with all applicable laws and regulations, and that you will not access or use any of our products to conduct, promote, or otherwise facilitate illegal activity.

NOTICE: This Agreement contains important information, including a binding arbitration provision which impacts how disputes are resolved. Our products are only available to you — and you should only access our website — if you agree completely with these terms. Additionally, if you use the interface you consent to, represent, and declare that you agree with these terms:

1. Our Products 1.1a The Application

Sorcery Swap provides a web or mobile-based means of access to our decentralized exchange aggregator on various public blockchains, including but not limited to Ethereum, that allows users to trade certain compatible digital assets.

The application itself has one version, which comprises open-source or source-available self-executing smart contracts that are deployed on various public blockchains, such as Ethereum, Binance Smart Chain, Avalanche and Polygon. SorcerySwap and Sorcery Finance do not ever control or operate any version of the exchange on any blockchain network. By using the application, you fully understand that you are not buying or selling digital assets from SorcerySwap; and that we do not operate any liquidity pools on our application or control trade executions. When traders pay fees for trades, those fees accrue to our third party liquidity providers. As a general matter, SorcerySwap is not a liquidity provider into protocol or DeFi based liquidity pools and liquidity providers are independent third parties. The application is initially deployed on various blockchains including by parties other than Sorcery Capital. Deployments on other networks typically make use of cross-chain bridges, which allow assets native to one blockchain to be transferred to another blockchain. Please note that digital assets that have been "bridged" or "wrapped" to operate on other blockchain networks (including to blockchains compatible with the Ethereum Virtual Machine that are designed to ensure the Ethereum blockchain can effectively process more transactions or other blockchains that are frequently referred to as "Layer 2" solutions) are distinct from the original Ethereum mainnet asset.

Sorcery Finance provides decentralized finance users with efficient means of viewing assets on various blockchain networks. Sorcery Finance does not require any third party wallet connection.

1.1b The Application continued:

To access Sorcery Swap, you must use a third party non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of their wallet platform. We do not have custody or control over any contents of your wallet and have no ability to retrieve, transfer or interact in any way with its contents. By connecting your wallet to our application, you agree to be bound by this agreement and all of the terms incorporated herein by reference.

1.2 Other Products:

We may from time to time in the future offer additional products, and such additional products shall be considered a product as used herein, regardless of whether such product is specifically defined in this agreement.

1.3 Third Party Services and Content:

When you use any of our products, you will be using the products, services or content of one or more third parties. Your use of such third party products, services or content may be subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, if applicable.

1. Modifications of this agreement or our products

2.1 Modifications of this agreement:

We reserve the right, in our sole discretion, to modify this agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the agreement and by maintaining a current version of the Agreement. All modifications will be effective when they are posted, and your continued accessing or use of any of the Products will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using all of our Products.

2.2 Modifications of our products: 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 any of the products; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the products.

1. Intellectual Property Rights

3.1 IP Rights Generally

We own all intellectual property and other rights in each of our products and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." This intellectual property is available under the terms of our copyright licenses and our Trademark Guidelines. Subject to the terms of this Agreement, We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of our Products, including any intellectual property rights.

By using any of our products (including to list, post, promote,), you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through any of our Products for our current and future business purposes, including to provide, promote, and improve the services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon any suggestions or feedback for any purpose.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you list, post, promote, or display on or through any of our Products (including, but not limited to, NFTs). You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.

3.2 DMCA Complaints The Sorcery Exchange Aggregator and Sorcery Finance web data merely aggregates the results from Third-Party APIs. These third-party applications are operated independently from us by unrelated third parties, and we have no control over any content, information or other materials contained within such third-party application. If you believe that your copyrighted work is being displayed on a third-party applicaion, has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us, as well as that third-party application or api of your infringement claim in accordance with their defined reporting procedures.

Nevertheless, despite our position as an aggregator, Sorcery Capial will process and investigate all possible notices of alleged; accidental; or actual infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged; accidental or actual infringement on our application. Please contact us by email and include detailed information so we can best assist.

[e-mail]

We encourage you to contact the above email with information included in your notice. Please include;

Identification of the copyrighted work(s), trademark, publicity rights, or any other intellectual property rights that you claim or believe is being misused or infringed on our application or a third party;

Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the application of the material claimed to be infringing, so that we may locate the exact materials;

Your contact information -- including your full legal name and email address;

A declaration that contains all of the following:

A statement that you have a good faith belief that use of the material in the manner as of current date and time is not authorized by the intellectual property rights owner, its agent, or the law;

A statement that the information in the notice is accurate;

A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.

Your physical or electronic signature.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the removed content, you may submit a written counter-notice to us.

Please understand SorcerySwap and Sorcery Finance use third party market data and API's.

3.3 Third-Party Resources and Promotions:

Our products 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 our products. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access or participate in any such promotions, 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 your use of any such resources or participation in any such promotions or programs.

3.4 Additional Rights:

We reserve the right 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.

1. Your Responsibilities

4.1 Prohibited Activity: ⚠️

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 Interface:

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.

Cyberattacks: 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 too; providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

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.

Securities and Derivatives Violations: Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

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 any of our Products.

Objectionable Content: Activity that involves soliciting information from anyone 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 the United States or another relevant jurisdiction, including, but not limited too, the restrictions and regulatory requirements imposed by U.S. law.

4.2 Trading and Smart Contracts: You agree and understand that: (a) all trades you submit through our product is considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades, including those you place via SorcerySwaps Auto Routing AMM; and (c) we do not conduct a suitability review of any trades you submit.

4.3 Non-Custodial and No Fiduciary Duties: Our application 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 contents and the custody of the cryptographic private keys to the digital asset wallets you hold. You should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Products will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised. For the avoidance of doubt, any references herein to a "wallet"

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 hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

You bear full responsibility for verifying all of the following

4.4 Compliance and Tax Obligations: Our application may not be available or appropriate for use in your jurisdiction. By accessing or using any of our application, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

Specifically, your use of our application or interactions with our smart contracts may result in various possible 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.

4.5 Gas Fees: Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). You will be solely responsible to pay the Gas Fees for any transaction that you initiate via our swap.

4.6 Release of Claims: You expressly agree by using our platform that you assume all risks in connection with your access and use of our application and smart contracts. 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 our application."

1. DISCLAIMERS:

All Sorcery Smart Contracts are software source codes freely licensed to the public.

Importantly, when you agree to these Terms by using or accessing the Interface, you agree to a binding arbitration provision, which impact your rights as to how disputes are resolved.

5.1 ASSUMPTION OF RISK: GENERALLY BY ACCESSING AND USING OUR APPLICATION, 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 ETHER (ETH), SO-CALLED STABLECOINS (USDC, USDT) AND OTHER DIGITAL TOKENS SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20).

IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. 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. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS.

FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT 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 ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME.

FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES OR ANY OTHER DECENTRALIZED EXCHANGE AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY OUTSIDE BRIDGE OR DEX.

IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE APPLICATION, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING OUR APPLICATION. BY USING OUR APPLICATION. YOU UNDERSTAND

5.2 NO WARRANTIES:

OUR APPLICATION 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 YOUR USE OF EACH OF OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR PRODUCTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.

SIMILARLY, THE APPLICATION IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE CONTRIBUTED TO THE INITIAL CODE FOR THE APPLICATION, WE DO NOT PROVIDE, OWN, OR CONTROL THE CODE, THIS CODE IS RUN AUTONOMOUSLY BY SMART CONTRACTS DEPLOYED ON VARIOUS BLOCKCHAINS. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL WILL EVER BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR PRODUCTS.

ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED IMMUTABLE SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS. NOR DO WE REFUND, REISSUE OR PROVIDE RELIEF FOR ANY TRANSACTION ON OUR PLATFORM OR COIN. BY USING OUR PLATFORM AND ENGAGING IN CRYPTOCURRENCY INVESTING. YOU ACCEPT THIS RISK.

5.3 NO INVESTMENT ADVICE:

WE MAY PROVIDE INFORMATION ABOUT TOKENS IN OUR PRODUCTS SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES SUCH AS RARITY SCORES, TOKEN EXPLORER OR TOKEN LISTS (WHICH INCLUDES SORCERY SWAPS DEFAULT TOKEN LIST). WE MAY OR NOT ALSO PROVIDE WARNING LABELS FOR CERTAIN TOKENS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES IN THOSE TOKENS SOLICITED; WE ARE NOT ATTEMPTING TO INFLUENCE YOU TO MAKE ANY PURCHASE AS A RESULT OF ANY INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF OUR PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS OR IS NOT A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF OUR PRODUCTS. BY PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY 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.