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Basic Provisions; Scope of Application
These General Terms and Conditions (“GTC”) govern the access to the landing page https://li.fi (“LI.FI Website”) and the use of the LI.FI Software (as defined below) offered or provided by LI.FI Service GmbH, Lychener Str. 19, 10437 Berlin, Germany (“LI.FI”).
LI.FI has developed the LI.FI protocol, a set of publicly available, non-custodial smart contracts (“
LI.FI Smart Contracts”) giving access to third-party bridging, swapping and messaging services (“Third-Party Contracts”) between different blockchain. LI.FI does not control or operate any version of the LI.FI Smart Contracts on any blockchain network. LI.FI has open-sourced the software underlying the LI.FI Smart Contracts to the developer community, to allow the LI.FI Smart Contracts to be deployed and/or modified by any third party on any compatible public blockchain. In case the LI.FI Smart Contracts are deployed by any third party, LI.FI is not and does not become custodian or counterparty to any transaction executed interacting with the LI.FI Smart Contracts.
In order to ease access to and third-party integration of the LI.FI Smart Contracts, LI.FI provides a software development kit (“SDK”) and a set of prebuilt UI components (“Widget”, the SDK and the Widget referred to as “LI.FI Software”). The LI.FI Software is provided free of charge for commercial use subject to open-source license terms. The LI.FI Software is distinct from the LI.FI Smart Contracts and one, but not the exclusive means of accessing the LI.FI Smart Contracts.
The LI.FI Smart Contracts operate fully non-custodial which means that the entity deploying the LI.FI Smart Contracts does not assume custody, ownership, or control over the User’s digital assets or cryptographic keys at any time. The User is fully responsible for safeguarding digital assets and cryptographic keys and should never share wallet credentials or seed phrase with any unauthorized third party. LI.FI cannot be held liable for loss of the User’s digital assets or cryptographic keys.
User acknowledges that the LI.FI Smart Contracts forward to Third-Party Contracts, e.g. bridges, decentralized trading or lending protocols, the availability, reliability, and operability of which LI.FI cannot warrant at any time. LI.FI disclaims any liability for such Third-Party Contracts. Section 3 remains unaffected. All transactions executed by Third-Party Contracts are considered unsolicited by LI.FI meaning they are exclusively initiated by the User. LI.FI does not provide investment advice in connection with these Third-Party Contracts and LI.FI does not conduct a suitability review of these transactions for the User.
LI.FI reserves the right to modify, enhance, or otherwise update the LI.FI Software, including its functionality and design, at any time.
Obligations and Warranties of the User
By using the LI.FI Software and/or LI.FI Smart Contracts, you understand that you are not buying or selling digital assets from LI.FI.
In case User integrates the LI.FI Software in its website or otherwise and makes it accessible to third parties, User will undertake sufficient measures to inform the such third parties (e.g. by appropriate language in the User’s website’s terms & conditions) that (i) the User provides this integration independent from and without association to LI.FI, (ii) the LI.FI Smart Contracts or any smart contracts based thereon are non-custodial, (iii) the smart contracts forward to Third-Party Contracts that execute the transactions initiated by such third parties, and (iv) LI.FI does not warrant the availability, reliability, and operability of such Third-Party Contracts at any time.
When using the LI.FI Software, User is fully responsible for ensuring the appropriate and successful implementation, configuration, and integration of the LI.FI Software, considering the specific requirements, constraints, and objectives of their business operations. Integration of the LI.FI Software into the User’s website or otherwise and the use of such integration by third parties does not establish a contractual relationship between such third party and LI.FI.
User acknowledges and agrees that the integration, maintenance, and operation of any integration of the LI.FI Software are beyond LI.FI’s control. User is solely responsible for ensuring that any such integration complies with all applicable laws and regulations and does not infringe upon the rights, in particular intellectual property rights, of any third party.
User warrants that they are not (i) subject to any economic or trade sanctions imposed by any government agency or listed on any prohibited or restricted party list or (ii) a citizen, resident, or organization located in a jurisdiction subject to comprehensive economic sanctions by, without being limited to the United Nations, the European Union and its Member States, the United States (in particular OFAC) and the United Kingdom.
User further warrants that User is not a United States citizen, permanent resident alien, entity organised under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
User confirms, that its use of the LI.FI Software and LI.FI Smart Contracts will fully comply with all applicable laws and regulations, and User will not use the LI.FI Software or LI.FI Smart Contracts to conduct, promote, or facilitate any illegal activities.
User undertakes upon LI.FI’s reasonable request to cease use of the Services and delete any integration of the LI.FI Software, if this is necessary to protect LI.FI’s Services, IT-infrastructure, or business against immediate harm or damages.
Limitation of Liability
LI.FI provides the LI.FI Software and LI.FI Smart Contracts free of charge and is therefore only liable in cases of intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), or if LI.FI has fraudulently concealed (arglistige Täuschung) a possible material or legal defect. For adaptions of the LI.FI Software by the User, LI.FI disclaims any liability.
The limitation of liability according to Section 3.1 does not apply (i) to damages resulting from injury to life, body or health, (ii) insofar as LI.FI has assumed a guarantee, (iii) to claims of the User according to the Product Liability Act, and (iv) to claims of the User according to the applicable data protection law.
The limitation of liability also applies to the personal liability of the organs, legal representatives, employees and vicarious agents of LI.FI.
Users are solely responsible to determine if use of the LI.FI Software and/or LI.FI Smart Contracts has any tax implications.
Indemnification
User will indemnify LI.FI from any claim, demand, loss, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or resulting from any claim, suit, action or proceeding brought by any third party against LI.FI based on or in connection with the User’s use of the LI.FI Software.
In the event of such a claim by a third party, the User is obligated to provide LI.FI immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
Confidentiality
The Parties undertake to maintain strict confidentiality about all confidential information, including know-how as well as company and business secrets of the respective other Party, which come to their knowledge in the course of the performance of this Agreement, and to neither pass them on nor use them in any other way for their own or third-party purposes other than the performance of the Agreement.
Confidential information of LI.FI contain in particular any information or know-how relating to LI.FI’s technical experience, in particular regarding LI.FI’s software development, routing technology, business and marketing strategy, and financial, economic or legal information.
Data Protection
LI.FI informs the User about LI.FI’s processing of personal data, including the disclosure to third parties in the Privacy Policy.
Amendments of the General Terms and Conditions
LI.FI reserves the right to change these GTC at any time and without giving reasons, while considering and weighing the reasonable interests of the User. If possible, the new GTC will be communicated to the User in advance in text form (e.g., by email). They are considered as agreed upon if the User does not object to their validity within thirty (30) days after receipt of the notification. LI.FI will separately inform the User about the essential changes, the possibility to object, the deadline to object and the consequences of inactivity. The User has to object in text form (e.g., by email). If the User objects, the current version of the GTC remains applicable.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the provisions on the conflict of laws. Also excluded is the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For Users who are merchants (Kaufleute) within the meaning of the German Commercial Code (Handelsgesetzbuch), a special fund (Sondervermögen) under public law or a legal entity under public law, Berlin, Germany, shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
LI.FI is entitled, with a notice period of four weeks, to transfer its rights and obligations from the Agreement in whole or in part to third parties. In this case, the User has the right to terminate the Agreement without notice.
Should any provision of these GTC be or become invalid, ineffective, or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby.
Status: October 2024