Terms of Service
Last Updated: August 25, 2025
⚠️ IMPORTANT: Please read our Disclaimer before using OctoSwap. It contains critical risk information.
These Terms of Service (the “Agreement” or “Terms”) govern your access to and use of OctoSwap (“OctoSwap,” “we,” “our,” or “the Protocol”), a decentralized, permissionless protocol deployed as immutable smart contracts on public blockchains.
By accessing or using OctoSwap, whether through its smart contracts, website, frontend application, or any other interface (collectively, the “App”), you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use OctoSwap.
1. Definitions
“Protocol” refers to the OctoSwap decentralized exchange system, including the smart contracts that enable automated liquidity provision and peer-to-peer token swaps.
“App” refers to any frontend interface, including but not limited to the official OctoSwap site or mirrors, that allows interaction with the Protocol.
“User” or “you” refers to any individual or entity that accesses, interacts with, or uses the Protocol.
“Wallet” refers to non-custodial software that enables a User to store cryptographic keys and initiate blockchain transactions.
“Contributors” refers to developers, community members, DAOs, or others who have contributed to the creation or maintenance of OctoSwap.
2. Eligibility and Jurisdictional Restrictions
You may only use OctoSwap if you satisfy the following:
You are at least 18 years of age and legally permitted to use decentralized applications in your jurisdiction.
You are not a citizen, resident, or located in any jurisdiction where the use of cryptocurrency or decentralized financial protocols is prohibited by law.
You are not a person or entity appearing on any government sanctions list (including but not limited to OFAC, U.N., or E.U. sanctions lists).
You agree not to use VPNs, proxies, or other tools to circumvent any applicable legal restrictions.
Your use of OctoSwap constitutes a warranty that you are not violating these eligibility requirements or any applicable laws in your jurisdiction.
3. Non-Custodial Protocol
OctoSwap is non-custodial. Users always retain full control of their assets.
We do not hold or have access to private keys, wallets, or funds.
All transactions occur directly on-chain between Users.
You are solely responsible for managing your wallet, private keys, and seed phrases.
Loss of keys or wallet access is permanent and unrecoverable.
4. User Responsibilities
By using OctoSwap, you agree that you will:
Only use the Protocol in compliance with all applicable laws.
Not use OctoSwap for money laundering, terrorist financing, or unlawful conduct.
Not engage in market manipulation, including wash trading, spoofing, or pump-and-dump schemes.
Not exploit or attempt to exploit smart contracts (e.g., flash-loan exploits, oracle manipulation).
Not impersonate any person, entity, or falsely represent your affiliation.
Assume full responsibility for all transactions initiated from your wallet.
5. Assumption of Risk
You acknowledge and accept the following risks:
Smart Contract Risk: OctoSwap operates via autonomous code that may contain bugs, vulnerabilities, or exploits.
Irreversibility: Blockchain transactions cannot be reversed once confirmed.
Market Risk: Digital assets are volatile and may lose all value. Liquidity providers may face impermanent loss.
Security Risk: OctoSwap may be subject to hacking, phishing, denial-of-service, or malicious third-party activity.
Regulatory Risk: The legal status of digital assets and DeFi protocols is uncertain and may change, potentially making your use of OctoSwap illegal.
Third-Party Risk: OctoSwap may rely on, or be integrated with, third-party platforms or bridges. We disclaim all responsibility for failures or losses attributable to third parties.
You understand that using OctoSwap is entirely at your own risk.
6. No Warranties and No Fiduciary Duties
OctoSwap is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind.
We disclaim all warranties, express or implied, including fitness for a particular purpose, merchantability, title, and non-infringement.
No fiduciary duties exist between you and OctoSwap Contributors. Any implied duties are expressly waived.
7. Compliance and Tax Obligations
You are solely responsible for determining whether and how to comply with local laws, including tax reporting and payments.
OctoSwap does not provide legal, financial, or tax advice.
8. Intellectual Property
The OctoSwap name, branding, logos, and frontend are protected by intellectual property law.
Smart contracts underlying the Protocol may be open-source or source-available and can be used under their respective licenses.
9. Indemnification
You agree to indemnify and hold harmless OctoSwap Contributors, developers, affiliates, and community members from any claims, losses, or damages arising out of:
Your use of OctoSwap;
Your violation of these Terms;
Your violation of any applicable law.
10. Release of Claims
You release OctoSwap Contributors from any claims or liabilities arising from:
Loss of digital assets;
Bugs, exploits, or malfunctions in the Protocol;
Third-party actions or integrations;
Regulatory enforcement affecting your use of OctoSwap.
You waive any rights you may have under applicable law that would otherwise limit the scope of this release.
11. Limitation of Liability
To the maximum extent permitted by law, OctoSwap Contributors shall not be liable for any:
Indirect, incidental, or consequential damages;
Loss of profits, data, or assets;
Losses arising from hacks, failures, or third-party conduct.
In no event shall the total liability of OctoSwap Contributors exceed the amount of fees (if any) paid by you to use the Protocol in the 12 months preceding the claim.
12. Dispute Resolution
Any disputes shall first be attempted to be resolved through good faith negotiations between the parties.
If informal resolution is unsuccessful after 60 days, disputes may be resolved through binding arbitration administered by a recognized arbitration organization, with proceedings conducted in English.
You waive your right to participate in any class action lawsuit or class-wide arbitration.
13. Modifications
We may amend these Terms at any time by posting an updated version with a new "Last Updated" date. Your continued use of OctoSwap after such modifications constitutes acceptance of the revised Terms.
14. Governing Law and Severability
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction most favorable to the enforceability of these Terms, without regard to conflict of law principles.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
OctoSwap operates as a decentralized protocol without a central controlling entity.
15. Force Majeure
OctoSwap Contributors shall not be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to blockchain network failures, governmental actions, or natural disasters.
16. Entire Agreement
These Terms constitute the entire agreement between you and OctoSwap regarding your use of the Protocol and supersede all prior agreements and understandings.
Contact
For legal inquiries, terms-related questions, or other matters concerning these Terms of Service, contact us through our official channels.