INTRODUCTION

SILO IS A NEW SUITE OF EXPERIMENTAL BLOCKCHAIN-ORIENTED FUNCTIONALITIES. USING THESE FUNCTIONALITIES (INCLUDING VIA THE INTERFACE ON OUR WEBSITE) POSES SIGNIFICANT RISKS TO YOU AND YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

IN ADDITION TO ALL OTHER CONDITIONS AND OBLIGATIONS SET FORTH IN THESE TERMS OF USE, IT IS YOUR RESPONSIBILITY TO ENSURE YOU UNDERSTAND CRYPTO ASSETS, HOW THEY WORK, WHAT THEIR VALUE IS, AND HOW TO TRADE SUCH ASSETS, AS THERE ARE SIGNIFICANT RISKS IN DOING SO, ALL OF WHICH YOU SOLELY ASSUME. BY UTILIZING OR INTERACTING WITH THE SERVICES (AS DEFINED BELOW) IN ANY WAY, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH: CRYPTOGRAPHIC SYSTEMS AND BLOCKCHAIN-BASED NETWORKS, INCLUDING DIGITAL LENDING MARKETS LIKE SILO; DIGITAL ASSETS; SMART CONTRACT-BASED TOKENS; AND SYSTEMS THAT INTERACT WITH BLOCKCHAIN-BASED NETWORKS. YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK.

BY USING THE WEBSITE OR OUR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

THE SERVICES ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING (1) ALGERIA, BANGLADESH, BOLIVIA, BELARUS, THE CRIMEA REGION, CUBA, DONETSK,THE DEMOCRATIC REPUBLIC OF CONGO, EGYPT, IRAN, IRAQ, IVORY COAST, LIBERIA, LIBYA, LUHANSK, MALI, MOROCCO, MYANMAR (BURMA), NEPAL, NORTH KOREA, OMAN, QATAR, SOMALIA, SUDAN, SYRIA, TUNISIA, VENEZUELA, YEMEN, ZIMBABWE, (2) ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR (3) ANY JURISDICTIONS IN WHICH THE TRANSACTING OF DIGITAL ASSETS OR CRYPTOCURRENCIES ARE PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER  (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON (COLLECTIVELY, “RESTRICTED PERSONS”). THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK (“VPN”), TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN OR THE GEOFENCES USED BY OR ON BEHALF OF SILO IS STRICTLY PROHIBITED. 

BY USING THE SERVICES, YOU REPRESENT THAT (1) YOU ARE NOT A RESTRICTED PERSON; AND (2) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR SERVICES ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE NOT PERMITTED TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE IT AVAILABLE TO ANY RESTRICTED PERSONS.

Further, by using any part or feature of the Services, the User represents and warrants that the User will do so only in compliance with all applicable federal, state, local, and international laws, rules, statutes, regulations, bylaws, court adjudications or orders, protocols, administrative statements, codes, decrees, or other directives, requirements or guidelines, whether applicable to Silo, the Services, and/or the User in any applicable jurisdiction (collectively, “Applicable Laws”).

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The Services are offered and available to users who are 18 years of age or older. By using any part or feature of the Services, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with Silo in the User’s applicable jurisdiction or eighteen (18) years of age, and meets all of the foregoing eligibility requirements. 

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If the User does not meet all of the foregoing requirements, the User must not access or use the Services or any part thereof.

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1. Acceptance of the Terms of Use

Silo.finance and app.silo.finance are brought to you by Silo Labs (collectively, “Silo”, “Silo Finance”, “we,” “us,” or “our”). 

These terms of use are entered into by and between you (“you” or the “User”) and Silo Labs. If the User engages with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your,” “yours,” etc.) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” (and its variants) refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as they were your own. 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”, “Terms”, or “Agreement”), govern Users’ access to and use of https://www.silo.finance/, including any content or functionality offered on or through website-hosted user interface accessible via https://app.silo.finance/ (the “Interface”) and other https://www.silo.finance subdomains (the “Website”). The Website provides methods and information to allow Users access to Silo’s decentralized, autonomous interest rate markets and informational feeds (the “Protocol”), including via the Interface (the Protocol, together with the Website, and the Interface, are referred to herein collectively as the “Services”). 

The User must read the Terms of Use carefully before using or accessing the Services. By using or accessing the Services, the User accepts and agrees to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If the User does not want to agree to these Terms of Use, the Privacy Policy, or any documents that are incorporated herein by reference, the User must not access or use the Services. 

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2. Services; The Interface; Blockchain Fees 

The Protocol is intended to be provided and operate in a decentralized manner, meaning that Silo has no ability to control, modify, prevent, stop, amend, or adjust interactions or transactions after they are submitted to the Protocol, whether or not through the Interface, and that the Interface is not the only method that individuals or parties may interact with, contribute to, access, or otherwise affect the Protocol. Consequently, you are expected to be familiar with the Protocol and the risks it represents (including without limitation the possibility of your crypto-assets being forfeited according to the Protocol’s rules or lost for any other reason) before accessing it (whether or not via the Interface). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR INTERACTION WITH THE PROTOCOL IS AT YOUR OWN RISK AND SILO FINANCE WAIVES ALL LIABILITY OR RESPONSIBILITY AND MAKES NO WARRANTIES RELATED TO THE PROTOCOL, HOWEVER ACCESSED OR USED.

Your full use and enjoyment of the Services (whether or not by using the Interface) may require you to pay transactional fees required by their underlying blockchain or distributed ledger service or that are used to encourage intended use among the Protocol’s Users (“Blockchain Fees”). These Blockchain Fees are not levied directly by Silo Finance, but rather are determined by your use of the Services and the rules placed by corresponding Protocol and blockchain communities at large. You acknowledge that Silo Finance has no control over Blockchain Fees (including, without limitation, their applicability, payment, amounts, transmission, transmission, intended operation, and effectiveness) whether related to your use of the Services or otherwise, and agree that in no event will Silo Finance be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees. For further information regarding blockchain technology, crypto-assets and the associated risks, see Nature of Blockchain; Assumption of Risk; Waiver of Claims.

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3. Prohibited Uses

The User may access or use the Services only in compliance with these Terms of Use. The User will not use or access the Services:

• In any way that violates any Applicable Laws (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, or any laws concerning digital assets). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Silo Finance, a Silo Finance employee, another User, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the Services, or which, as determined by us in our sole discretion, may harm Silo Finance or Users, or expose them to liability.

• To cause the Services, any part of the Services, any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact to work other than as intended.

• To damage the reputation or goodwill of Silo Finance or impair any of Silo Finance’s legal or equitable rights or interests.

Additionally, the User will not:

• Be likely to deceive or defraud, or attempt to deceive or defraud, any person, including (without limitation) providing any false, inaccurate, or misleading information (whether directly through the Services or through an external means that affects the Protocol) with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Services.

• Use the Services to manipulate or defraud any decentralized exchange (“DEX”), Oracle system, or blockchain network, or the users thereof.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, misrepresent the User’s identity, or misrepresent its affiliation with any person or organization, including Silo. 

• Engage in any activity or behavior that violates any Applicable Law, rule, or regulation concerning, or otherwise damages, the integrity of the Services, or any other service or software which relies on the Services.

• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

• Use the Services in any manner that could disable, overburden, damage, impair, or interfere with any other party's use of the Services, including the ability to engage in real time activities through the Services.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to any part of the Services, the Users, any underlying blockchain, or any of the Service’s related utilities or functionalities.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services, including any underlying blockchain. 

• Violate the legal rights (including the rights of publicity and privacy) of others or use any material in connection with the Services that could give rise to any civil or criminal liability under Applicable Laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Attack the Services, or any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact via a denial-of-service attack or a distributed denial-of-service attack.

• Encourage or induce any third party to engage in any of the activities prohibited under these Terms.

• Otherwise attempt to interfere with the proper working of the Services or any part thereof. 

 

4. User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, information about or provided through the Protocol, and other features that allow Users to communicate with each other (collectively, “Communication Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution the User posts on or through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, the User hereby grants us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

The User represents and warrants that: 

• The User owns or controls all rights in and to the User Contributions and has the right to grant the licenses granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of the User’s User Contributions do and will comply with these Terms of Use. 

The User understands and acknowledges that the User is responsible for any User Contributions the User submits or contributes, and the User, not Silo Finance, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by the User or any other User (including without limitation those derived from submissions to the Protocol, whether via the Interface or otherwise). Further, the User acknowledges and agrees that Silo Finance is not responsible for any claims, injuries, damages, liability, or other harms it endures due to its interactions or actions taken as a result of any User Contribution.

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5. Content Standards

These “Content Standards” apply to any and all User Contributions and use of Communication Services. User Contributions must in their entirety comply with all Applicable Laws. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of Silo or any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Laws or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Solicit the purchase of any good or service (including, without limitation, those related to crypto-assets).

• Be likely to deceive, defraud, or unduly manipulate any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

• Engage in any solicitation or promotion of any security (as defined in the Securities Act of 1933 and the Securities Exchange Act of 1934) or regulated derivative asset.

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6. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Silo Finance.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

• Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS SILO FINANCE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SILO FINANCE/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.  

However, we cannot and do not review interactions or activities before they are executed through the Services, and, given the nature of blockchain and functionalities like those offered via the Services, we cannot ensure prompt removal or rectification of objectionable User Contributions, interactions or activities after they have been executed. Accordingly, the parties agree that we assume no liability for any action or inaction regarding User Contributions, transmissions, communications, transactions, blockchain operations, or content provided by any User or third party, including any that may cause a malfunction or inaccuracy on the Services. We have no liability or responsibility to anyone for any other party’s performance or nonperformance of the activities described in this Section, nor for any harms or damages created by others’ interactions with any blockchain underlying the Services or reliance on the information or content presented on or through the Services. 

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7. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. 

The User’s continued use of any Services following the posting of revised Terms of Use means that the User accepts and agrees to the changes. The User is expected to check this page each time it accesses the Services or any portions thereof so that it is aware of any changes, as they are binding on the User.  

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8. Accessing the Services and User Security 

We reserve the right to withdraw or amend any Services (including the Interface), and any other Services or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict Users’ access to some parts of the Services, or the entire Services, even if you have deposited, submitted as collateral. stored, borrowed, or otherwise transacted any digital assets or cryptocurrencies on or through the Services. 

The User is responsible for both:

• Making all arrangements necessary for the User to have access to the Services.

• Ensuring that all persons who access the Services through the User’s internet connection are aware of these Terms of Use and comply with them.

To access certain Services or some of the resources offered on the Website, the User may be asked to provide certain registration details or other information. Other Services or resources offered on the Website (such as the Interface) may require the User to utilize certain Web3 capabilities, such a crypto-asset wallet capable of interacting with the User’s web browser or relevant blockchain nodes (“Web3 Utilities”). It is a condition of the User’s use of the Website and the Services that the User only operates such Web3 Utilities with a private key(s) that the User created or has the direct, written permission of the party who created the relevant private key(s) to operate. The User agrees that all information it provides to interact with any part of the Services, including, but not limited to, through the use of any interactive features on the Services (such as registration information) is correct, current, and complete, and is governed by our Privacy Policy. The User consents to all actions we take with respect to the User’s information consistent with our Privacy Policy. 

If the User utilizes a Web3 Utility that relies on a username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on the Services at the end of each session. The User should use particular caution when accessing any part of the Services from a public or shared computer so that others are not able to view or record the User’s user name, password, private key, or other personal information.

We have the right to disable any user name, password, and identifier, including those associated with a Web3 Utility (such as that represented by a public address) on the Services or to block any IP address from accessing the Services at any time in our sole discretion for any or no reason, including if, in our opinion, the User or that identity has violated any provision of these Terms of Use. 

We are not responsible for the keys to any digital assets or your seed phrase, or their loss or disclosure to others. Silo does not maintain your keys or your seed phrase, and is not responsible for their safe keeping. It is your responsibility at all times to ensure you have such credentials and maintain them securely. You understand that we do not hold your digital assets, and take no custody of them. We have no access to your assets or funds. It is your responsibility to ensure that you maintain control of your digital assets, and you have sole responsibility for managing them (including through the Services). ANY LOSSES YOU SUFFER RELATING TO YOUR CRYPTO ASSET TRANSACTIONS, DIGITAL KEYS AND WALLETS, AND EXCHANGES ARE YOUR SOLE RESPONSIBILITY, AND YOU HEREBY INDEMNIFY US, AGREE TO DEFEND US, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS OR LOSSES THAT YOU OR ANYONE ELSE SUFFERS AS A RESULT OF YOUR DIGITAL ASSET TRANSACTIONS, EVEN IF YOU INITIATED YOUR TRANSACTION BY ACCESSING OUR SERVICES. PLEASE KEEP YOUR SEED PHRASE AND DIGITAL KEYS SAFE, AS SILO DOES NOT HAVE THEM AND DOES NOT KNOW THEM. IF YOU LOSE THE KEYS OR SEED PHRASE, YOU MAY LOSE ACCESS TO YOUR ASSETS. 

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9. Intellectual Property Rights

Except with respect to any open-source software or other open-source materials incorporated into or featured on the Services, the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Silo Finance, its licensors, or other providers of such material. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.

• The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.

• If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by any applicable end user license agreement or other similar agreement for such applications.

• For any open-source materials provided on the Website or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.

The User must not:

• Modify copies of any materials from the Services.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. 

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Services in breach of these Terms of Use, the User’s right to access the Services will cease immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Services or any content thereon is transferred to the User, and all rights not expressly granted are reserved by Silo Finance. 

Notwithstanding anything to the contrary in these Terms of Use, the User may freely use any open-sourced materials in accordance with any requirements of those materials’ open-source licenses.

Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

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10. Trademarks

User is hereby granted a limited, revocable, non-exclusive, non-transferrable permission and license to use the terms “Silo” and “Silo Finance” and any related names, logos, product and service names, designs, and slogans (collectively, the “Silo Marks”) solely in connection with User’s interactions with or references to our Services. User is prohibited from using any of the Silo Marks in any way that: (1) is deceitful, fraudulent, or manipulative; (2) implies any relationship between User and Silo Finance beyond that reasonably typical of the administrator of a website and its users; (3) is likely to cause confusion, including to gain crypto-assets of, or personal information about, another party other than that intended by the Services, the Protocol, the Interface or any related or interacting functionality (for example, you may not use the Silo Marks to execute phishing attacks, spear phishing attacks, social engineering, or in any way that may cause a party to transmit crypto-assets to an unintended recipient or to reveal private information, like a private key or password); (4) disparages, defames, or harms the reputation or goodwill of Silo; or (5) we deem inappropriate or harmful to us in our sole discretion. All intellectual property rights of Silo not expressly granted herein are hereby reserved. 

All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. 

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11. Reliance on Information Posted

WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, CURRENTNESS, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED, LINKED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES. Any information available through the Services should not be construed as an intention to form a contract, and in no case should any information be construed as Silo Finance’s offer to buy, sell, or exchange crypto-assets. Any reliance the User places on such information is strictly at the User’s own risk, and as is common in the blockchain space, the User is assuming a high amount of risk related to others or technical harms when operating via any parts of the Services. WE DISCLAIM ANY AND ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY THE USER OR ANY OTHER USER, BY ANYONE WHO MAY BE INFORMED OF ANY OF THE SERVICES’ CONTENTS, OR BY THE ACTIONS OR OMISSIONS OF OTHERS INTERACTING WITH THE SERVICES OR ANY UNDERLYING BLOCKCHAIN. 

The Services may include content provided by third parties, including (without limitation) materials provided by other Users, bloggers, and third-party licensors, service providers, syndicators, blockchain users, decentralized applications, aggregators, reporting services, and/or crypto Oracles containing data and services from third parties. IT MAY NOT BE APPARENT WHICH CONTENT IS PROVIDED BY US VERSUS BY THIRD PARTIES AND BY USING ANY PART OF THE SERVICES YOU HEREBY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES. 

All statements, data, services, alleged facts, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Silo Finance, are solely the content, opinions and the responsibility of the person or entity providing those materials. These materials do not reflect the opinions of Silo Finance and may not be factually accurate. WE ARE NOT RESPONSIBLE OR LIABLE TO THE USER OR ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES, AND USER AGREES THAT IT BEARS SOLE AND ABSOLUTE RESPONSIBILITY TO EVALUATE AND SELECT ANY THIRD-PARTY FUNCTIONALITY WITH WHICH IT INTERACTS, WHETHER INTENTIONALLY OR INCIDENTALLY, VIA THE SERVICES.

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12. Changes to the Website

We may update the content on, design of, or functionalities available through the Services from time to time, but the Services are not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. 

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13. Information About the User and the User’s Interactions with the Services

All information we collect on or through the Services is subject to our Privacy Policy. By using the Services or any portions thereof, the User consents to all actions taken by us with respect to the User’s information consistent with our Privacy Policy. 

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14. Warranty Disclaimer

Silo Finance is a developer of open-source software and does not unilaterally offer, operate, or administer the Protocol or a blockchain network. The Services merely attempt to assist Users in participating in the Protocol, decentralized finance (“DeFi”) services, or blockchain networks generally. Silo Finance has no oversight on or control over any particular crypto-asset, blockchain network, or the Protocol. 

The User is responsible for its use of the Services, the functionalities they enable, transactions engaged through the Services, and the use of the information derived therefrom. The User is solely responsible for complying with all Applicable Laws related to its transactions and activities that directly or indirectly incorporate our provision of the Services, including, but not limited to, the Commodity Exchange Act and its regulations as overseen by the U.S. Commodity Futures Trading Commission (“CFTC”), and the federal securities laws and its regulations overseen by the U.S. Securities and Exchange Commission (“SEC”). The User acknowledges its understanding that Silo Finance is not registered nor licensed with, nor have our Services (or the software contained therein) been reviewed by, the CFTC, SEC, or any other financial or banking regulator.

The User understands that we cannot and do not guarantee or warrant that files available for download from the internet or through the Services will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for: (1) an appropriate Web3 Utility; (2) anti-virus protection and accuracy of data input and output; (3) its participation in and use of DeFi products, the Protocol, and any of the Services’ underlying blockchain and related technologies; and (4) maintaining a means external to our Services to reconstruct any lost data. 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER’S USE OF THE SERVICES OR ANY MATERIALS OR ITEMS OBTAINED THEREFROM, OR TO THE USER'S DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THEM.

THE USER’S USE OF THE SERVICES AND THEIR CONTENT IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, NEITHER WE, NOR ANY PERSON ASSOCIATED WITH SILO FINANCE, MAKE, AND WE EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER  SILO FINANCE NOR ANY PERSON ASSOCIATED WITH  SILO FINANCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT MADE AVAILABLE THEREON.  SILO FINANCE AND ANY PERSON ASSOCIATED WITH  SILO FINANCE DO NOT REPRESENT OR WARRANT THAT: (1) ACCESS TO ANY PART OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, CURRENT, OR RELEVANT; (3) THAT THE SERVICES, OR ANY SOFTWARE CONTAINED THEREIN, WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (4) THAT THE SERVICES WILL MEET THE USER’S NEEDS OR EXPECTATIONS. NO INFORMATION OR STATEMENTS THAT WE MAKE, INCLUDING DOCUMENTATION OR OUR COMMUNICATIONS, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY USERS OR THIRD PARTIES REGARDING THE SERVICES. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SILO FINANCE, ITS AFFILIATES, MEMBERS, AGENTS, REPRESENTATIVES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE OF, OR INABILITY TO USE, ANY PART OF THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES, THE APPLICATION PROGRAMMING INTERFACES (“APIs”), THE USER’S WEB3 UTILITIES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE FULLEST EXTENT PERMTTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SILO FINANCE AND ITS SUBSIDIARIES, MEMBERS, AGENTS, REPRESENTATIVES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO SILO FINANCE (IF ANY) FOR THE APPLICABLE CONTENT OR SERVICES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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16. Our Use of Oracles; Nature of Blockchain; Assumption of Risk; Waiver of Claims

An “Oracle” is a third-party service that provides smart contracts with external information, and can relay data between blockchain and external systems. We may use Oracles in order to provide our Services and such Oracles may never be visible or available to Users. Oracles are third-party materials which we have no control over, or responsibility or liability for. 

Blockchains, DEXs, DeFi, Oracles, crypto-assets, the Protocol, and their related technologies and functionalities are still emerging innovations that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. The mere access to and interaction with blockchains requires high degrees of skill and knowledge to operate with a relative degree of safety and proficiency. Crypto-assets are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. Further, the speed and cost of transacting with cryptographic technologies, such as blockchains like those underlying the Protocol, are variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the User has with any blockchain may be publicly visible and readable in human form.

We use third-party blockchain-access API services to power and make our Services available. If such API services fail or experience errors, parts of the Services may become inaccessible or slower to respond, and you may be unable to modify your loan positions at such times through the Interface. Third-party services are outside our control, and we have no way to remedy, or respond to any such failures. Under such circumstances, you may still be able to interact with the Protocol on-chain to modify your positions, and we recommend you attempt to do so, if you need to make changes to your holdings during such down-time. 

By accessing and using any portion of the Services, the User acknowledges all of the foregoing, and all other risks identified and discussed in these Terms, and agrees and represents that it understands all risks involved with blockchains, APIs, DeFi, Oracles, the Protocol, and related technologies (including without limitation any specific technical language used in this Agreement). The User further represents that it has all knowledge sufficient to use, and is informed of all foreseeable risks, and the possibility of unforeseeable risks, associated with blockchains, crypto-assets, Web3 Utilities, smart contracts, APIs, Oracles and the Services. The User further acknowledges, and assumes all risk related to the possibility, that any information presented via the Services may be inaccurate and/or unavailable, and to the User’s severe harm or detriment. The User agrees that we are not responsible for any of the foregoing or related risks, do not own or control any blockchain or API or DEX or Oracle or the Protocol itself, cannot guarantee the safe or accurate functioning of the Services, and shall not be held liable for any resulting harms, damages, or losses incurred or experienced by or against the User while accessing or using the Services. Accordingly, the User acknowledges the foregoing, represents its understanding of the foregoing, and agrees to assume full responsibility for all risks of accessing and using the Services and third-party materials contained therein, whether mentioned in this Section or otherwise. The User further expressly waives and releases us and agrees to hold us harmless from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User’s use of the Services, including any third-party materials contained therein or used to provide the Services, or any portion thereof. 

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17. No Professional Advice 

All information or content provided or displayed on or through the Services (including, without limitation, on the Interface) is for informational purposes only and should not be construed as professional advice (including, without limitation, tax, legal, or financial advice). The User should not take, or refrain from taking, any action based on any information or content displayed or provided on or through the Services. The User should seek independent professional advice from an individual licensed and qualified in the area appropriate for such advice before the User makes any financial, legal, or other decisions. The User acknowledges and agrees that, to the fullest extent permissible by law, it has not relied on Silo Finance or the content on the Services for any professional advice related to its financial or legal decisions or activities.

You also understand that we do not act as your financial advisors or give you any investment advice of any kind with respect to what assets you choose to hold in your wallet or any trading thereof. As with any trading activities on the Services, it is your responsibility and you are solely responsible for the contents of your wallet, your purchase decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume. Nothing contained on the Services constitutes a solicitation, recommendation, endorsement, or offer by us or any third party to buy or sell any digital assets, securities, or other financial instruments.

NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH OUR SERVICES.

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18. No Fiduciary Duties

These Terms of Use, and the provision of the Services, are not intended to create any fiduciary duties between us and the User or any other party. Silo Finance never takes possession, custody, control, ownership, or management of any crypto-assets or other property you may transmit using the Services. To the fullest extent permissible by law, the User agrees that the User’s use of the Services causes us or any other User to owe fiduciary duties or liabilities to the User or any third party. Further, the User acknowledges and agrees that, to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other User shall be held completely harmless in relation thereto. The User further agrees that the only duties and obligations that we or any User owes the User, and the only rights the User has related to this Agreement or the User’s use of any portion of the Services, are those expressly granted in this Agreement or that cannot be waived by law.

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19. No Insurance

Your crypto accounts are not checking or savings accounts and we do not provide any kind of insurance to you against any type of loss, including (without limitation) losses due to decrease in value of assets, assets lost due to a cybersecurity failure, or from your or other individuals’ errors or malfeasance. In most jurisdictions, crypto-assets are not legal tender, and most crypto-assets are not backed by any government. Your crypto-asset balances are not covered by Federal Deposit Insurance Corporation (FDIC) or Securities Investor Protection Corporation (FDIC) protections.  

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20. Links from the Services

The Services may contain links to other sites and resources provided by third parties (including links contained in advertisements, banner advertisements, and sponsored links) and these links are provided for convenience only. We have no control over the contents of those sites or resources, and the User acknowledges and agrees that we do not and will not accept any responsibility for them or for any loss or damage that may arise from the User’s use of them. If the User decides to access any of the third-party websites linked to the Services, the User does so entirely at its own risk and subject to the terms and conditions of use for such websites.

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21. Indemnification

The User agrees to defend, indemnify, and hold harmless Silo Finance and its affiliates, members, representatives and agents, and each of their respective licensors, and service providers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (1) the User’s violation of these Terms of Use; (2) the User’s use of the Services or any portions thereof, including, but not limited to, the User’s interactions with the Interface or other features which incorporate the Services; (3) the User’s use of or reliance on any content provided on or through the Services; or (4) any other party’s access and use of the Services on behalf of the User, with the User’s assistance, or using any device or account that the User owns or control.

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22. Governing Law; Venue; Arbitration; Class Arbitration Waiver 

Any dispute, controversy or claim arising out of, relating to, or in connection with the User’s use of the Services, or in connection with this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be governed by and construed in accordance with the internal state or federal laws of the State of New York, as applicable, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). 

Any controversy, dispute or claim you may have arising out of or relating to this Agreement shall be subject to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York state or federal law, as applicable, and such arbitration shall take place in the Cayman Islands. 

THE ARBITRATION TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

YOU HEREBY WAIVE ANY OBJECTIONS YOU MAY HAVE NOW OR IN THE FUTURE TO THE FOREGOING CHOICE OF LAW, DISPUTE RESOLUTION METHODS, VENUE, AND/OR WAIVER OF A JURY TRIAL. 

Notwithstanding the foregoing, we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

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23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ITS USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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24. Waiver and Severability

No waiver by Silo Finance of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Silo Finance to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms of Use may continue in full force and effect. 

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25. Entire Agreement

The Terms of Use, the Privacy Policy, and any other document incorporated by reference herein constitute the sole and entire agreement between the User and Silo Finance regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. 

26. Comments and Questions

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@silo.finance.