Website Provider Declaration for the
Usage of the Website
Updated on 18.04.2023
Please read this declaration (Declaration) of Association Enso (Website Provider) carefully. By using or accessing www.enso.finance including all subdomains as well as connected mobile and web applications (Website) you confirm for yourself or any legal entity, partnership or organization you are legally representing to (i) be 18 years of age or older; and (ii) having read, understood and accepted the content of this Declaration.
Wallet for Using the Website
You must have access to a compatible wallet for crypto assets supporting ERC20 tokens (Wallet) provided from a third-party provider (i.e. not from the Website or the Website Provider) in order to access/use the Website and the software tools developed and provided by the Website Provider.
The Website supports only specific Wallets and crypto assets in the sole discretion of the Website Provider. The Website Provider is under no obligation to add support for additional Wallets or crypto assets. The Website and the Website Provider will not create a (hosted) Wallet for you or otherwise custody or store crypto assets on your behalf. However, in order to interact with Enso Interface on the Website, the User creates themselves an Enso Smart Wallet.
It is your sole responsibility to maintain the security of and access to your Wallet. In the event that you lose access to your Wallet, a private key, password, or other method of securing your Wallet, any funds may be irretrievable, and the Website Provider will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Website Provider, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any Wallet software, associated loss of funds, transaction failures, or any other defects that arise in the course of your use of your Wallet, including any losses that may be obtained as a result of any failure in smart contracts made available on the Website.
Using the Website
You must not open/register an account on the Website or with the Website Provider, but you are required to have a Wallet and to create an Enso Smart Wallet: Solely by connecting your own Wallet and creating an Enso Smart Wallet, you can interact with the protocol developed by Enso based on the Ethereum blockchain and operated by various decentralized nodes (Blockchain) to bundle and execute several blockchain-based transactions at once by creating a chain of interlinked steps (Steps), bundling several blockchain interactions together for any Ethereum-compatible chain (one an Enso Shortcut, several Enso Shortcuts). Enso Shortcuts can be dynamic in the sense that they aim at suggesting the most optimal route for every execution of all Steps of the Enso Shortcut. However, the Website Provider cannot guarantee that and is not liable for it always being the cheapest possible route.
Every time you connect with your Wallet to the Website, it will read-out the information stored in your Wallet as well as the publicly accessible data stored in the smart contracts of all Enso Shortcuts run on the Blockchain. The Website will use this information in order to provide you with a graphical representation of the Enso Shortcuts created and executed by you in the Enso Dashboard (Enso Dashboard) as well as provide you with the software tool set that enables you to access/manage your own Enso Shortcut(s) based on the means of access in your possession to your Enso Shortcuts (Enso Shortcut Creator) as well as Enso Shortcuts of other Enso Shortcut Creators.
Users (including the Website Provider acting as User) can create an Enso Shortcut by interacting with the Enso Dashboard offering a variety of selection options. Technically, Enso Shortcuts are created by (i) creating it off-chain through the Enso Shortcuts software development kit (Enso Shortcuts-sdk), a wrapper around the builder and planner packages, which provides the possibility to create Enso Shortcuts (using the builder) or integrate them into a platform (using the planner), and (ii) publishing it on the Website. There are in particular two safety mechanisms in order to avoid manipulation or malicious use of Shortcuts by changing the data/formula stored off-chain: (1) Data/formula of Shortcuts is additionally mirrored after its creation by copying it into a third-party platform (Mirror Data), which is independent from the Website Provider and to which the Website Provider has no access. Prior to execution, the smart contract queries both off-chain stored data/formula and Mirror Data if they match. (2) A simulation environment provided by a third-party or the Website Provider simulates the execution of the Shortcut in order to validate the correct running and to show the expected output (Simulation). Both the Mirror Data and the Simulation procedure must be passed in order for the User then being able to execute an Enso Shortcut.
The Enso Shortcut-sdk allows for the use of off-chain data (including live-data), which can be fed to an Enso Shortcut right before it is executed to provide it with fresh data. The data/formula of the respective Enso Shortcuts created by the Users are not stored on-chain but only off-chain on back-end applications. However, Enso Shortcuts themselves are nonetheless executed on-chain via smart contracts by translating the respective off-chain data/formula and executing them on the Enso Protocol. With the exception of a back-end making the query to fetch the live-data, the Website Provider ensures and warrants that he does not control any live-data fed into any of the Enso Shortcuts and any Enso Shortcut Creator ensures and warrants that she/he does not control any live-data fed into any Enso Shortcut created by her/him. Once deployed, the Enso Shortcuts themselves are neither upgradeable by Enso nor Creators. However, the Website Provider has the right, but no obligation to call an emergency fallback in cases of severe security risk which will default the smart contract to withdrawals only.
Within the Enso Dashboard, Users can explore other Enso Shortcuts on the exploration page or view their balance on the balance page via the Website without intermediaries while remaining in control of their own crypto assets.
By interacting with the Dashboard, the User can see a list of his open positions and is then able to close any open position individually. Further, he can harvest rewards for any individual position.
The Website Provider does neither endorse any particular Enso Shortcut nor otherwise officially advise you with respect to any particular Enso Shortcut. Any predefined Enso Shortcuts are made available on the Website to every User in the same way and are not intended to be (personalized) financial advice to you.
Availability of the Website
The Website Provider reserves the right to modify, suspend or discontinue, temporarily or permanently, all or any part of the Website (in particular including the Dashboard) without notice. The Website Provider will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Website.
The Website Provider shall use commercially reasonable efforts to attempt to provide the Website on a permanent availability. You acknowledge and agree that from time to time the Website may be inaccessible or inoperable for any reason including, but not limited to, (i) equipment malfunctions, (ii) periodic maintenance, (iii) repairs or replacements that the Website Provider undertakes from time to time, (iv) causes beyond the Website Providers reasonable control or (v) causes that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, failure on or congestion of the Blockchain, hostile network attacks, network congestion or other failures. You acknowledge and accept that the Website Provider has no control over the availability of the Website on a continuous or uninterrupted basis, and that the Website Provider assumes no liability to you or any other party, in particular not to loss of any revenues.
The Website Provider does not charge nor participate in any fees for accessing/using the Website or for creating and using Enso Shortcuts. However, using the Blockchain may require you to pay so-called gas fees (Gas Fees) for the computational resources required to perform a transaction.
The Website Provider has no control over (i) any Enso Shortcut Creators, (ii) any transactions on the Blockchain, and (iii) the method of payment and any actual payments of any Gas Fees. Therefore, you must ensure that you have a sufficient balance of Ether stored in your Wallet to complete any transaction on the Blockchain before initiating any transactions, in particular before creating, executing and/or using any Enso Shortcuts.
Information / Intellectual Property
By accessing/using the Website, you acknowledge and accept that the Website will read-out and may, combine, use and/or publish on the Website the following information/data (Information): (i) all information/data stored in your Wallet when connecting to the Website, and (ii) all publicly accessible data stored in the smart contracts of all Enso Shortcuts off-chain in the back-end and on the Blockchain. Therefore, this Information may in particular include data in connection with the Enso Shortcut and the Enso Shortcut Creator as well as a list of users and/or their Wallet addresses using an Enso Shortcut. The Website and its entire contents, features, and functionality as well as the designed Steps and its underlying algorithms, are owned by the Website Provider, its licensors, or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The company name of the Website Provider and all related names, logos, product and service names, designs, and slogans are trademarks of the Website Provider or its affiliates or licensors. You must not use such marks without the prior written permission of the Website Provider. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Disclosure / Warning
The Website is an administrative platform only and enables you to create, execute and use Enso Shortcuts of you or other Enso Shortcut Creators (including the Website Provider) on the Blockchain with a software toolset developed by the Website Provider.
The Website Provider is not licensed as a financial institution or financial intermediary (in particular as broker, dealer, custodian or exchange) and therefore is neither regulated nor supervised by any financial market regulator/supervisor in any jurisdiction.
The Website Provider (i) is not running the Blockchain as it is run decentral by various nodes, independently by the majority from the Website Provider, (ii) may also act as Enso Shortcut Creator, (iii) is not a counterparty to any transactions in connection with the Enso Shortcuts, (iv) is not able to stop any transactions from happening or interfere with such transactions in any form and (v) does not provide for the Wallet. In particular, the Website Provider does not own or control and is not responsible for the operation of the underlying software protocols which govern the operation of crypto assets available through the Enso Shortcuts. Therefore, the Website Provider does not make any guarantee of their functionality, security, or availability. In general, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them.
Neither the Website Provider nor the Website are providing any financial, tax or regulatory advice, nor any portfolio management, custody or brokerage services. Each Enso Shortcut Creator is independent from the Website Provider (except of when the Website Provider acts itself as Enso Shortcut Creator) and has no employment, agency or other contractual relationship with the Website Provider.
You should use any content or information gathered from the Website only as a starting point for your own independent research and transactional decision making, and you must rely on your own judgment in entering into or refraining from using the Website or conducting (or not conducting) any transaction. In no event shall the Website Provider be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any use, continued use or reliance on any information or tools, including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such information. The Website Provider does not warrant the accuracy, completeness, or usefulness of information. Any reliance you place on information is strictly at your own risk. The Website Provider disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. By using the Site, you agree to be fully, independently and personally liable for each transaction made on the Website by you, including, without limitation, any position automatically opened or closed as a result of using the Enso Shortcuts.
The access to/use of the Website, in particular creating, executing and using any Enso Shortcuts, may carry financial risk. In particular, crypto assets can be very risky and are, by its nature, highly experimental, risky, volatile and transactions are generally irreversible. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether any transaction, or Enso Shortcut, or any other product or service is appropriate or suitable for you based on your own objectives and personal and financial situation.
Limitation of Liability
You acknowledge and accept that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to access/use of, or inability to access/use, the Website under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that neither the Website Provider nor its affiliates, employees, agents, officers or directors shall be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including for loss of profits, revenues, goodwill or data, in any way whatsoever arising out of the access/use of, or inability to access/use the Website.
The user further specifically acknowledges that neither the Website Provider nor its affiliates, employees, agents, officers or directors are liable, and the user agrees not to seek to hold neither the Website Provider nor its affiliates, employees, agents, officers or directors liable, for the conduct of third parties, including other users of the Website, and that the risk of accessing/using the Website rests entirely and exclusively with the user.
Notwithstanding anything to the contrary in this Declaration, nothing in this Declaration excludes or limits liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by gross negligence.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless the Website Provider, its affiliates, employees, agents, officers or directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Declaration or your access/use of the Website, including, but not limited to any use of the Website's content other than as expressly authorized in this Declaration or your use of any information obtained from the Website.
Governing Law and Jurisdiction
This Declaration shall be governed by and construed in accordance with the substantive laws of Switzerland, to the exclusion of the principles of conflicts of laws thereof.
Any dispute arising out of or in relation to this Declaration shall be submitted to the exclusive jurisdiction of the courts of Zurich, Switzerland.
Changes to this Declaration
The Website Provider reserves the right to change this Declaration at any time. The most current version of this Declaration will be published on the Website. Your continued use of the Website after the date of an update of this Declaration will constitute your acceptance of the updated Declaration.
If one or more of the provisions of this Declaration is or becomes invalid or otherwise for any reason unenforceable, either wholly or in part, this does not affect the validity of this Declaration in other respects. The user accepts in good faith that any such provision shall be replaced with another provision which approximates as closely as possible to the commercial purpose intended.
Association Enso is a company incorporated in Switzerland, under license number CH-020-6002818-7 with registered office and principal place of business at Badenerstrasse 549, 8048 Zurich.