# What is deFusion?
An Infra-liquidity staking platform, designed exclusively for users on Viction seeking a secure and smooth staking experience. With cutting-edge technology and a commitment to transparency, \[deFusion] provides Automated Rewards Distribution Solution (ARDS), ensuring a fusion of stability and efficiency in the ever-evolving blockchain landscape.
Backed by an unwavering commitment to clarity, deFusion integrates a revolutionary Automated Rewards Distribution Solution (ARDS). This ensures optimal stability and efficiency within the Viction ecosystem
* **Seamless Viction Ecosystem Integration with SVIC:** SVIC - tokenized equivalents of your holdings unlock the door to Viction's expansive ecosystem of utilities. With SVIC, you can effortlessly buy, sell, and trade other assets, all fueled by the liquidity of your holdings. Furthermore, deFusion benefits from the steadfast support of the Viction Foundation, guaranteeing a smooth and accessible experience within the Viction ecosystem.
* **Accelerate Your Earnings with Decentralized Masternodes:** deFusion incentivizes active participation. When you participate in a staking pool on deFusion, you're not just locking away your assets but setting yourself up for exponential rewards. Pools that achieve Masternode status unlock significantly higher APRs, meaning your earnings potential surges. deFusion's innovative system fosters a collaborative and rewarding environment, where community participation is paramount.
* **Rewards & Ownership Flexibility:** As a deFusion user, you're entitled to claim up to 100% of your staking rewards. But deFusion's innovation continues beyond there. You have the power to transfer ownership of your stake to another wallet, all without the need to unstake. This industry-leading feature grants you unparalleled flexibility in managing your assets, empowering you to make strategic decisions with ease.
* **Automated Rewards Distribution Solution (ARDS):** deFusion eliminates the need for daily reward checks. With ARDS, your rewards are automatically distributed every epoch (approximately 900 blocks). This innovative solution removes the burden of manual claim processes, ensuring a smooth and efficient staking experience that frees you to focus on what matters most.
# Platform Statistics
When you reach the [deFusion.xyz](https://www.defusion.xyz/) website, the information on the platform's statistics will be presented on the homepage. You will be able to gain better knowledge of what the platform has accomplished as a result of the additional general insights provided.
* **Masternodes**: The total master nodes available in the platform
* **Asset Staked**: The overall amount of assets users have committed to staking contracts or protocols.
* **Users**: The number of users currently participating in staking activities.
* **Rewards** **Paid**: The total rewards that the user had claimed as a result of their participation in the stake activities.
# Liquid Staking
This section is about Liquid Staking
# How to Stake
Before you start
* Use the **Coin98 Extension** (on desktop) or the **Coin98 Super Wallet** (on mobile).
{% hint style="info" %}
More wallet options are coming soon to enhance your experience. Stay tuned for updates!
{% endhint %}
## Get VIC
VIC is supported by a wide range of leading centralized and decentralized exchanges worldwide. Visit the [listings of platforms](https://www.coingecko.com/en/coins/viction#markets) to acquire VIC.
## Connect your wallet
**Step 1:** Visit [**deFusion** ](https://www.defusion.xyz/)site -> Select a pool from the available options on the dashboard to begin staking -> choose **Stake**
**Step 2:** Choose **Connect Wallet** at the top right corner → choose Coin98 from the wallet list.
**Step 3:** Click **Connect** and wait for a couple of moments till the connecting process is finished
## Stake your VIC
**Step 1:** Enter the desired amount to stake and click Stake
{% hint style="info" %}
* The minimum amount required to participate in any staking pool is **10 VIC** tokens
* Allows to stake amounts greater than the base capacity of the pool, exceeding the 50,000 VIC threshold
{% endhint %}
**Step 2:** Confirm the transaction on both the site and the wallet's pop-up
> Zero gas fee will be applied for the transaction. You don't have to worry about it!
**Step 3:** You may need to wait for the transaction to finalize, after which a notification from the system will appear
**Step 4:** Staked tokens will be displayed as SVIC tokens in the **Statistics** section below
## Rewards Allocation
{% hint style="info" %}
Only pools with **Masternode** status can receive rewards
{% endhint %}
The rewards are distributed to participating users of Masternode pools every 30 minutes (approximate 900 blocks).
# How to Unstake
**Step 1:** Access Unstaking Interface
* Navigate to the Pools section that contains staked tokens.
* Locate and select the Unstake tab within the relevant pool.
**Step 2:** Initiate Unstaking Process
{% hint style="info" %}
* Unstaking your tokens will also automatically harvest any earned rewards
{% endhint %}
{% hint style="info" %}
Ensure that the amount of SVIC tokens you intend to unstake aligns with the staked amount displayed in the Statistics section of the pool. You can only unstake the SVIC amount equivalent to your current staked amount.
{% endhint %}
* Input the desired amount of SVIC tokens you wish to unstake.
* Click the Unstake button to confirm your selection.
### **Non-Masternode**
* Confirm the transaction both in your wallet and through the pop-up confirmation.
**Step 3 :** After you unstake your tokens, they won't be immediately available in your wallet. There's a waiting period (lock time) before you can withdraw them. Here are the scenarios that may be encountered:
**For Masternode Pool**
* **If the unstaked amount does NOT reduce the pool's total value below 50,000 VIC**, you will be able to withdraw your unstaked token after **2 days**.
* **If the unstaked amount reduces pool's liquidity below 50,000 VIC**, you need to initiate a voting process to resign your stake from the pool. Once the voting period is over, you'll be able to claim your tokens after 30 days.
**For non-Master Node Pool:** You can unstake immediately without waiting for **2 days**
**For Resigned Pool:** When you try to withdraw (unstake) from a resigned pool, your staked VIC amount will be unlocked in two parts:
* Part 1 (unlocked in 2 days): The portion equals to `(total amount before resign - 50,000 VIC) * Percentage of staked of user in pool`
* Part 2 (unlocked in 30 days): The remaining amount of your staked VIC will be unlocked after 30 days.
**Step 4:** Once the waiting period is over, you can go back to DeFusion to claim the tokens. Details as below:
* Access [Rewards](https://www.defusion.xyz/rewards) section and connect your wallet
* Click on the claimable unstakes that you want to claim -> Review the **Available to Claim** section, then click **Claim**
* Confirm the VIC amount that you are about to claim, click **Confirm**. Once the transaction is successful, you can click **View on Vicscan** to check the transaction information onchain, or simply close the pop-up windows.
# How to Resign
The Resign option only available when you unstake an amount that impacts the Masternode status (less than 50,000 VIC tokens). This option is triggered if the total voted tokens in the pool **exceed 66%**
## Steps to Resign a Pool
**Step 1:** Please select the pool and proceed with the unstaking process as instructed in the [How to Unstake](/product/liquid-staking/how-to-unstake)
**Step 2:** The system will trigger the voting if the staker unstakes an amount that affects Masternode status (less than 50,000 VIC tokens). **Confirm** this action to proceed.
**Step 3:** On the Voting screen, you’ll see the pool name and your voting amount. Click **Vote** to submit your resignation vote.
The Resgination procedure will take **30 days to complete**. During this period, if another user stakes more VIC than the previous staker, the node will resume regular operations. The **prior stakeholder** will be **allowed** to withdraw the funds after two days of locking.
If the node's status is changed to **Resigned**, the user will be **unable to stake** further VIC to the node and will see the message **Unavailable to stake**
In the scenario when you have already triggered the resignation, another stakeholder has staked in the system. The status will then be **refreshed** from **Voting for Resign(Pending)** so that it returns to normal. At this point, you can unstake normally.
{% hint style="info" %}
* If the user **voted to resign** and staked additionally after, then your current voting will be reverted
* If the resignation was triggered but the **quantity of voting did not reach 66%**, the node remains **pending and operates normally**.
{% endhint %}
## Votes tab
If you have any on-going vote to resign from a pool, a red dot will be displayed on the tab, even if you’re not on the Votes page.
To check ongoing votes, click the **Go to Pool** button, which will redirect you to the Voting page for detailed information.
Once your vote is completed, you can access the **Completed** section to identify which pools have successfully resigned.
For additional details, you can click the **View Voter List** button. This allows you to filter and search for any voter's address within the entire list. You can also check the Latest Sign Block for more information.
## How to Vote for Resign Pool
If you attempt to stake in a pool that is currently undergoing a resignation vote, a notification page will be displayed. This page will offer you the option to cast a vote.
After completing your action, a message will appear, reflecting the outcome based on the specific scenario.
Voted
Unvoted
In the Rewards section, the **Resigned** status will be displayed on the history panel, and all voting actions will be tracked
The default filter will show only activated stakes in the Rewards section. However, you can choose to filter by ***All, Available, or Resigned*** pools as needed. In the Rewards screen, you can identify any pools you are staking in that are currently undergoing a voting process through the indicators provided.
The **Block** column indicates the block number associated with each transaction. For actions like Vote, Stake, Claim, Unstake, or Harvest, the block value reflects the current block number.
If you perform an Unstake action, a tooltip will display (*e.g., Withdraw Block: #8222114*). The withdraw block is determined based on the impact on the Masternode status:
* **If the action does not impact the Masternode status** (less than 50,000 VIC tokens)), the withdraw block will be calculated as the current block plus 86,400 blocks (2 days).
* **If the action impacts the Masternode status** (e.g., during a resignation process), the withdraw block will follow the specific voting for resignation process.
You can now click on the Withdrawal Block to see when you can withdraw your tokens.
For example, you can check this block on : .
## FAQs
How long does it take to complete the resignation process?
It takes 30 days for the resignation to be fully processed. If the total voted tokens in the pool exceed 66%, you will need to wait an additional two days before you can withdraw your funds.
Can I stake more VIC after voting to resign?
Yes, you can, but if you stake more VIC after voting to resign, your current vote will be canceled.
What happens if someone stakes more VIC while I'm resigning?
If another user stakes more VIC during your resignation, the node status will reset from "Voting for Resign (Pending)" back to normal, and you can unstake normally.
How do I check if my resignation has been successful?
You can manually check the resignation status on the deFusion dashboard at the **Voters Tab** to track ongoing resignations.
What happens if the resignation is triggered but voting does not reach 66%?
The node will remain pending and continue to operate normally. The resignation process requires 66% voting to be completed.
# Vote Resign and Unvote
## Vote Resign
When you unstake from the master pool and the amount impacts the pool’s liquidity by reducing it below 50,000 VIC, you must perform the Vote Resign process.
## Eligibility to Vote for Resignation
* Stakers who have contributed VIC tokens to the pool are eligible to vote.
* When a staker trigger a resignation vote, all stakers in the pool receive a warning message. Each staker can then decide whether to accept or reject the vote.
* If 2/3 (66.66%) of total staked VIC votes are reached, the vote for resignation will be approved.
## **Result of Approved Resignation Vote**
When the resignation vote passes the threshold, the following actions occur:
* The **Masternode** status is revoked, and the pool's status changes to **Resigned**
* VIC tokens remain locked in the pool's contract for a period of **30 days**
* After 30 days, VIC tokens are automatically distributed back to all stakers based on their proportional share in the pool, regardless of whether they voted or not. The amount of unstaked tokens will be unlocked in two batches:
1. **Batch 1 (unlocked in 2 days):** The portion equals to `(total amount before resign - 50,000 VIC) * Percentage of staked of user in pool`
2. **Batch 2 (unlocked in 30 days):** The remaining amount of your staked VIC will be unlocked after 30 days.
Example:
*Pool A has a total staked value is 100.000 VIC with 3 stakers ( X : 50.000, Y: 40.000 and Z: 10.000). Once the pool is trigger resign, the staked amount will be distributed back to 3 stakers by 2 batches:*
* *First batch (unlocked in 2 days)*
* *X: (100.000 - 50.000) \* 50% = 25.000 VIC*
* *Y: (100.000 - 50.000) \* 40% = 20.000 VIC*
* *Z: (100.000 - 50.000) \* 10% = 5000 VIC*
* *Second batch (unlocked in 30 days)*
* *X: 50.000 - 25.000 = 25.000 VIC*
* *Y: 40.000 - 20.000 = 20.000 VIC*
* *Z: 10.000 - 5.000 = 5.000 VIC*
## Unvote
* When you change your decision, you can unvote if you have already voted to resign
* Once you click on the Unvote button, a confirmation popup will be prompted.
# How to manage Rewards & Staked Amount
The Rewards page, a summary page on the deFusion platform, displays user activity such Overview, Activated Stakes, and Transaction History.
## **Overview**
This section of the profile page provides a summarized view of essential information relevant to the user's engagement with the staking activities
* **MY TOTAL STAKED**: This is the total value the user had staked in deFusion
* **MY SVIC BALANCE**: The total available SVIC for a specific user.
* **TOTAL CLAIMABLE**: The total VIC that the user can claim after unlock from un-stake or pool resign
**+ Unstake scenario**: The user had unstake an amount which the pool capacity is still >= 50,000 VIC (The unstake amount will be pending for 2 days & change status to **claimable**)
**+ Resign scenario**: The user had unstake an amount which the pool capacity is still < 50,000 VIC (The unstake amount will be pending for 30 days & change status to **claimable**)
* **MY REWARDS**: Total rewards had been credited to an user for staking activities
## **Activated Stakes**
Prefers to a section on the user's profile page that displays information about the staking activities in which the user is currently engaged
* **Pool name**: Name of the staking pool.
* **Annual Percentage Rate (APR)**: Annual interest rate for staking in the pool.
* **Total Value Staked**: Aggregate value of assets staked in the pool.
* **Stakers**: Total count of users staking in the pool.
* **State** and **status** of the pool: Current operational status of the pool.
* **My Staked Amount**: User's contribution to the pool's total stake.
* **My Rewards**: rewards earned by the user from their stake in the pool
* **Claimable**: The total VIC that the user can claim after unlock from un-stake or pool resign for this pool
## **History**
To present a chronological record of the user's past transactions within the platform or service
* **Transaction type**: Type of transaction (e.g., deposit, withdrawal).
* **Hash**: Unique identifier for each transaction.
* **Timestamp of the transaction**: Date and time when the transaction occurred.
* **Transaction amount**: Quantity or value of assets transacted in the transaction.
# SVIC token
The SVIC token is a tokenized version of staked VIC. When a user sends VIC into the deFusion liquid staking smart contract, the user receives the corresponding amount of SVIC tokens. The SVIC token represents deFusion user’s deposits and the corresponding staking rewards and slashing penalties. The SVIC token is a liquid alternative for the staked VIC: it could be transferred, traded, or used in DeFi applications.
deFusion makes the SVIC token balance track a balance of the corresponding balance of beacon chain VIC. A user’s balance of SVIC tokens corresponds 1 to 1 to an amount of VIC a user could receive if withdrawals were enabled and instant.
While the fact that a SVIC balance tracks the corresponding amount of VIC, which should be the main driver of the SVIC/VIC exchange rate, several other factors are affecting the market prices.
There is a market risk that the SVIC token supply will outweigh the market demand. While the goal of the deFusion is to provide liquidity for VIC staked, the same liquidity makes it possible to sell the token on exchanges.
However, SVIC tokens also can be used in various decentralized financial products. For instance, SVIC could be used as collateral. The higher the rate of SVIC adoption in different DeFi applications, the more demand for it there would be.
# SVIC Adoption
This section is about SVIC Adoption
# FAQs
What is Masternode?
Any node that has liquidity larger than 50,000 VIC will automatically become a Masternode
A Masternode is a server which uses its computing power to contribute to the network. Its job is to create and sign blocks. For this contribution to the network, Masternodes receive rewards in the form of VIC.
How long does it take to stake and unstake?
\***Important**: If you unstake from resigned or Master Node pool, your token won't be immediately available in your wallet after you unstake it. There's a waiting period (lock time) before you can withdraw them.
Here's what you need to do:
* Wait for the lock time to end.
* Go back to the Unstake section.
* Manually withdraw your unstaked tokens to your wallet.
## For non-Masternode
### If you unstake from active pool
* After unstaking, you can withdraw your token immediately without lock time.
### If you unstake from inactive/ resigned pool
When you first try to withdraw (unstake) from a resigned pool , your staked VIC amount will be unlocked in two parts:
* Part 1 (unlocked in 2 days): The portion equals to: (Total staked amount before resign - 50, 000 VIC) \* your % share of the pool
* Part 2 (unlocked in 30 days): The remaining amount of your staked VIC will be unlocked after 30 days.
## For Masternode
* **If the unstaked amount does NOT reduce the pool's total value below 50,000 VIC**, you will be able to withdraw your unstaked token after 2 days.
* **If the unstaked amount reduces the pool's liquidity below 50,000 VIC**, you need to initiate a voting process to resign your stake from the pool. Once the voting period is over, you'll be able to claim your tokens after 30 days.
Are displayed protocol APRs always 100% accurate?
**APR (Annual Percentage Return)** is a dynamic parameter, it is continuously estimated and updated based on the staking pool condition. Usually, the more token staked, the less APR.
Hence, the APR you see is the most accurate estimate at the time you check. But keep in mind that this APR changes constantly.
What are the utilities of the SVIC?
The SVIC token is a liquid alternative for the staked VIC: it could be transferred, traded, or used in DeFi applications. Specifically:
* **Trade on DeFi applications**: SVIC are liquid and can be freely transferred or traded on DeFi platforms within the Viction ecosystem. This allows you to participate in various DeFi activities.
* **Buy and sell other assets**: SVIC can be used as a medium of exchange to buy and sell other digital assets within the Viction ecosystem. This provides greater flexibility in managing your portfolio.
Does deFusion charge for the service?
We activated a 15% protocol fee on staking rewards from April 15th, 2025.
Every fee collected will go straight back into:\
• Infrastructure upgrades\
• Security operations\
• Product development\
• Ecosystem integrations & collaborations
The remaining 85% of staking rewards will continue to go directly to our stakers - our earliest and strongest supporters.
What is the protocol conversion rate from VIC to SVIC?
The conversion rate between VIC and SVIC is 1:1.
*The SVIC token is a tokenized version of staked VIC. When a user sends VIC into the deFusion liquid staking smart contract, the user receives the corresponding amount of SVIC tokens. The SVIC token represents deFusion user’s deposits and the corresponding staking rewards and slashing penalties. The SVIC token is a liquid alternative for the staked VIC: it could be transferred, traded, or used in DeFi applications.*
What happens if I transfer my SVIC token?
You can trade or transfer your SVIC token to other wallet address.
But keep in mind, you can only unstake the VIC amount equivalent to your wallet's SVIC balance.
For example, you staked 1000 VIC, and received 1000 SVIC. You then transferred out 200 SVIC to another wallet. Now your wallet is left with 800 SVIC, hence you only able to unstake 800 VIC. The rest (200 VIC), stay in the stake. You can deposit 200 SVIC to your wallet to unstake this leftover VIC amount.
How do I receive staking rewards?
Your staking rewards are distributed every approximately 900 blocks (epoch). This rewards is not compounded.
You can harvest your rewards in tab **Claim**
Are the unvoted tokens transferred to my wallet automatically?
Unvoted tokens won't be transferred to your wallet automatically. You will need to claim it.
More information in: [How long does it take to stake and unstake](https://github.com/DucDuongCoin98/deFusion/blob/master/product/faqs/deFusion/product/faqs/how-long-does-it-take-to-stake-and-unstake.md)
# Term & Services
Last Revision Date: **September 11, 2025**
1. **Introduction**
These Terms of Use (“Terms”), which shall be viewed as an agreement between an individual or entity user or authorized representative of such user (“you”, “your”, “user”) and deFusion (“DeFusion”, “we”, “us”, “our”), govern your access and interaction with the Protocol (as ascribed in detail in Section 3 of these Terms) as accessible through our website , as well as any other media form, media channel, mobile applications or any other website-hosted or mobile-user interface, products (collectively, the “Site"), and the Protocol marketed, advertised, or marked by us with the name “deFusion” from time to time (collectively, the “Platform”).
By accessing the Platform and/or connecting a Wallet (as defined below) to the Platform and/or using any or all the Protocol (as defined below), you accept and agree to be legally bound by these Terms and all the terms incorporated herein by reference.
deFusion reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being made accessible via the Site. Such revised Terms shall be binding on you, and by your continued access and/or use of the Platform for purposes of participating in the Protocol, you shall be deemed to agree to and accept the Terms as revised.
THE PLATFORM AND THE PROTOCOL IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY DEFUSION AND/OR ITS AFFILIATES, AND DEFUSION AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX AND/OR OTHER PROFESSIONAL ADVISOR(S). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM, OR PARTICIPATE IN THE PROTOCOL, AND YOU MUST CANCEL YOUR ACCESS IMMEDIATELY.
(a) In these Terms, the following words, and expressions, whenever used in these Terms shall have the respective meanings indicated below:
“Address” means an address on the applicable digital ledger or blockchain network.
“Affiliate” means with respect to any person or entity, any other person or entity directly or indirectly controlling, controlled by or under common control with such person; and as used in this definition, “control” means the power to direct or cause the direction of the management or policies of a person or entity, whether through the exercise of voting power or by contract and “controlling” and “controlled by” shall have correlative meanings.
“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network, including but not limited to Tokens.
“Fork" means a change in the current source code or generating new and supplementary source code for a blockchain.
“Governmental Authority” means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.
“Laws” means the laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders, and decrees of any Governmental Authority.
“Liquidity Provider” means a user that funds a liquidity pool with Tokens in exchange for transaction fees in connection with the Protocol.
“VIC Token(s)” means $VIC, the cryptographic token native to the Platform.
“VIC Tokenholder” means a person or entity that possesses or owns VIC Token(s) and is able to conduct transactions with such VIC Token(s).
“deFusion Smart Contract” means any open-source computer protocol as may be deployed on, via or through the Platform from time to time (including all related trademarks and other intellectual property, whether such use is via the Platform or otherwise);
“Staked VIC Tokens” means VIC Token(s) which are the subject of staking.
“Third Party Integrated Applications” means the third-party applications and interfaces which are not created by deFusion and are integrated to the Platform.
“Tokens" means any cryptographic asset, Digital Asset or virtual currency, including the VIC Tokens.
“Wallet” means a digital storage component generated by a third-party provider that can be imported and accessed within the Platform, for storing, managing, and facilitating transactions involving your Digital Assets stored on the blockchain(s) supported by the Platform.
(b) Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.
deFusion is not registered with the U.S. Securities and Exchange Commission and does not offer securities The Protocol in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
(c) NOT FINANCIAL ADVICE: WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICE. WE ARE SOLELY THE PROVIDER OF THE PLATFORM AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO INTERACT WITH THE PROTOCOL OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
2. **Contracting Party and Eligibility to access to and use the Protocol**
(a) The party that is legally bound by these Terms (and that is identified in these Terms as ‘you’) is either the individual who accepted these Terms (the “Signatory”); or the individual or entity, if any, that legally authorized the Signatory to accept these Terms on its behalf (the “Principal”).
If the Signatory asserts that there is a Principal but the individual or entity identified as the Principal (i) does not fully satisfy the Eligibility Conditions under Section 2(b) below or (ii) is for any reason not legally bound to these Terms, then the Signatory will be bound to these Terms in his or her personal capacity.
(b) To be eligible to access and/or interact with the Protocol, you must satisfy each of the following conditions (the “Eligibility Conditions”):
**If you are an individual:**
(i) you must be at least 18 years old or above the minimum age in your jurisdiction to have the legal capacity to enter into contracts and to interact with Protocol;
(ii) you are not a citizen or permanent resident of, you do not have a primary residence in, and you are not physically located in (i) China, Cuba, Egypt, Hong Kong, Iran, Iraq, Democratic People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or its territories or possessions; or (ii) any country (A) where interaction with the Protocol is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial service or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and
(iii) you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
**If you are an entity:**
(i) you are duly organized and validly existing under the applicable laws of the jurisdiction of your organization;
(ii) you have authorized your Signatory to accept these Terms on your behalf;
(iii) you are not a resident for tax purposes of, you do not have a domicile in, and you are not physically located in (i) China, Cuba, Egypt, Hong Kong, Iran, Iraq, Democratic People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or its territories or possessions; or (ii) any country or jurisdiction (A) where interaction with the Protocol is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the Laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial service or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and
(iv) you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
You can only interact with the Protocol if permitted under the Laws of your jurisdiction. For the avoidance of doubt, you may not interact with the Protocol if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Protocol would be illegal or otherwise violate any applicable laws. Please make sure that your accessing, interaction with Protocol are not prohibited, restricted, or regulated by any law or regulation applicable to you. You are solely responsible (i) to determine if there are any such laws or regulations (including foreign exchange restrictions) applicable to you and to comply with them and (ii) to determine if there are any governmental or other consents or approvals which you need to obtain, and to obtain and maintain them.
You are accessing to and/or interacting with the Protocol as principal and for your own account, and not as nominee or agent for, or for the account of, any other person.
**(c)** If you do not fully satisfy each of the Eligibility Conditions at all times from the time that you accept these Terms, then you may not, and you agree not to, access to and/or interact with the Protocol. If you access to and/or interact with the Protocol notwithstanding that you do not meet each of the Eligibility Conditions, you acknowledge that (a) your access to and/or interaction with the Protocol is a breach of these Terms, and (b) you access to and/or interact with the Protocol at your own risk. You acknowledge and agree that deFusion will not be liable to you or any other party arising from or in connection with your access to and/or interaction with the Protocol if you do not meet each of the Eligibility Conditions.
**(d)** deFusion may require you to provide certain information to confirm your satisfaction of the Eligibility Conditions and to complete the transactions related to the Protocol. If you do not provide the required information, then you may be unable to interact with the Protocol. deFusion’s request for, and your provision of, any information from you, and any actions or decisions deFusion may take based on that information, do not affect your obligations under this Section.
3. **The Protocol**
1.Liquid Staking Protocol
deFusion is an infra-liquidity staking platform that empowers users to optimize and unlock their staked VIC Token(s) for use across the entire Viction ecosystem (collectively, the “Protocol”).
The Protocol is an open-source solution that allows VIC Tokenholders on Viction network to lock their VIC Token(s) in deFusion Smart Contract(s) and receive a tokenized representation of their Staked VIC Token(s), which then be freely traded or used as collateral in decentralized finance (DeFi) applications, while VIC Token(s) remain staked in Viction Network, earning rewards. deFusion does not control the Protocol, which is public, permissionless, and runs on open-source self-executing smart contracts. The Protocol is made available only as a convenience to you.
2. The Protocol is operated and deployed on the Viction blockchain network (“Viction Network”). deFusion does not control or operate any version of Viction Network, therefore, we cannot and do not ensure that any transaction details that you submit via our Platform and/or our Protocol will be confirmed and processed. By using Viction Network, you acknowledge and agree that (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the transaction details you submit may not be completed, or may be substantially delayed, by Viction Network; (iii) we do not store, send, or receive Digital Assets; and (iv) any transfer that occurs in relation to any Digital Asset occurs on Viction Network and therefore we do not guarantee the transfer of title or right in any Digital Asset.
Moreover, it is acknowledged that the transactional arrangement does not involve the acquisition or disposition of Digital Assets directly from our entity. It is clarified that we do not oversee any liquidity pools within Viction Network or exercise authority over trade executions on Viction Network. When you pay fees for transactions, those fees accrue to Liquidity Providers for the Protocol. As a general matter, deFusion is not a Liquidity Provider into Viction Network liquidity pools and Liquidity Providers are independent third parties.
3. **Third Party Integrated Applications**
In addition to the Protocol, deFusion may provide access to additional protocols through the Platform from time to time, including by integrating or providing links to Third Party Integrated Applications, including, for example, protocol relating to (i) “bridging” Tokens from one chain to another, (ii) providing analyses regarding Token on-chain data, trading volumes and price trendlines or (iii) offering conversions from fiat currency to Tokens or vice versa.
When you click on a link to, or access and use Third Party Integrated Applications, though we may not warn you that you have left our Platform, you are bound by the terms and conditions (including privacy policies) of another website or destination. These Third Party Integrated Applications are not under the control of deFusion and may be “open” applications for which no recourse is available. deFusion is not responsible or liable for any Third Party Integrated Applications. deFusion provides links to these Third Party Integrated Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Integrated Applications, or their products or services or associations. You agree to hold us harmless from any harm resulting from your transactions with such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from or contact with any Third Party Integrated Applications. You use all links in Third Party Integrated Applications at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any transactions you make through Third Party Integrated Applications will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such transactions which are exclusively between you and the applicable third party.
4. **Use of the Protocol**
**(a) Wallet Connection**
To interact with the Protocol, you must first connect a Wallet to the Platform, which allows you to interact with the Protocol. Connecting a Wallet will enable the Platform to communicate with the third-party software associated with such Wallet. Such third-party software shall be exclusively responsible for effecting any transactions with such Wallet. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service and privacy policy and/or any other applicable terms and conditions. We do not have custody or control over the contents of your Wallet and have no ability to retrieve or transfer its contents. By connecting your Wallet to our Platform, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
(b) Confirming Transactions
You are responsible for confirming the parameters of any transaction message before directing your Wallet to enter into a transaction. Digital Asset prices and liquidity are volatile and transaction parameters may change between the time you first select parameters and when you seek to confirm a transaction. You hereby agree that it is your sole responsibility to re-confirm all details of any potential transaction at each stage of the process through and including final confirmation of the transaction.
(c) Fees
Interaction with the Protocol and/or Viction Network may require that you pay a fee, such as network fees and other charges needed to perform a transaction (“Fee”). You must ensure that you have an adequate balance in your Wallet and/or “gas” to complete transactions before initiating a transaction. The Fee for a specific transaction will be displayed to you in the Platform during the initiation of a transaction and must be accepted before executing such a transaction. By interacting with the Protocol, you hereby consent to such Fees being debited from either or a combination of both of the source Token or destination Token applicable to your relevant transaction at the time such transaction is processed. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction Fees (i.e. too low or too high) or due to insufficient funds or gas associated with your Wallet address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.
We reserve the right to change those Fees at our discretion. Fees applicable to the Protocol or any component of the Protocol, if any, shall be set forth or displayed in the Platform from time to time. By interacting with the Protocol, you hereby consent to such Fees being debited from either or a combination of both of the source Token or destination Token applicable to your relevant transaction at the time such transaction is processed.
(d) Taxes
The interaction with the Protocol and access to the Site shall be exclusive of all taxes that are applicable to, arising from, or in connection to your interaction with the Protocol or access to the Site, including your receipt and holding of Tokens in any jurisdiction (any such taxes, a “Payable Tax”).
You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all losses, penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax. DeFusion shall not be responsible for, or responsible for determining, any Payable Tax attributable to you or declaring, withholding, collecting, reporting or remitting the correct amount of Payable Tax to any Governmental Authority.
(e) Use of Third-Party Materials
If you access the Platform or interact with the Protocol, you may also be using the Third-Party Integrated Applications or content of one or more third parties (“Third-Party Materials”). Your use of such Third-Party Materials 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, as applicable. You further acknowledge and agree that:
(i) deFusion makes no warranties or representations, express or implied, about such linked Third-Party Materials, the third parties they are owned and operated by, the information contained on them, the suitability of their products or protocol, or the assets they make accessible;
(ii) deFusion is not responsible for your access or use of Third-Party Materials and shall have no liability whatsoever in connection with your use of Third-Party Materials, including, without limitation, any transactions you dispute;
(iii) the limits of amounts that you may exchange via Third-Party Materials per day shall be subject to any requirements of the third-party developed smart contracts;
(iv) blockchain operations are irrevocable meaning when you conduct any transactions via Third-Party Materials, you shall be solely responsible for the consequences of any issues associated with such transactions, including, without limitation, your transfer to an incorrect address or problems associated with the node servers selected by you;
(v) when you use Third-Party Materials, third-party developed smart contracts may charge you handling fees and/or service fees and any information displayed on the Platform relating to such fees are for your reference only as deFusion cannot and does not guarantee its accuracy, applicability, reliability, integrity or appropriateness, nor shall deFusion be liable for any loss or damage that may be caused directly or indirectly by your use of these contents; and
(vi) deFusion may, in its discretion, charge such fees at any time in the future. Any updated fees will apply to any transaction that occurs following the effective date of the updated fees.
**(f) Accuracy of Information Provided by User**
You represent and warrant that any information you provide to the Platform and/or via the Protocol is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Digital Asset transaction initiated via the Protocol. We strongly encourage you to review your transaction details carefully before attempting to conduct any transaction related to the Protocol.
5. **Acknowledgements, Representations and Warranties**
**1.By accepting these Terms, you acknowledge, represent and warrant that:**
**(a)** The Protocol and the Digital Assets do not and are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction and these Terms do not and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction;
**(b)** None of the Protocol and the Digital Assets shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you, to participate in or receive profits, income, or other payments or returns arising from or in connection with any of the Protocol and the Digital Assets, or to receive sums paid out of such profits, income, or other payments or returns, solely by virtue of you holding the Digital Assets;
**(c)** No regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the Laws of any jurisdiction, and the provision of these Terms to you does not imply that Laws have been complied with;
**(d)** You are fully aware of and understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with (i) the Protocol and the Platform; (ii) the VIC Tokens; and (iii) your interaction with the Protocol, any digital asset Wallet or user interface used in connection with the Protocol, the Platform and any extension of the Platform;
**(e)** The prices and liquidity of Digital Assets are extremely volatile. Fluctuations in the price of other Digital Assets could materially and adversely affect the Digital Assets made available through the Protocol, which may also be subject to significant price volatility. We cannot guarantee that you will not lose money and have no responsibility to you for any such loss;
**(f)** There are risks associated with using an internet-based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You accept and acknowledge that deFusion will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when interacting with the Protocol for transactions, however caused;
**(g)** The regulatory regime governing blockchain technologies, cryptocurrencies, and digital assets is uncertain, and new regulations or policies may materially adversely affect the development of the Protocol;
**(h)** The Protocol may rely on third-party’s infrastructure to perform transactions with respect to any Digital Assets. If we are unable to maintain a good relationship with such third-party providers; if the terms and conditions or pricing of such third-party providers change; if we violate or cannot comply with the terms and conditions of such apps; or if any of such apps loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and interaction with the Protocol will suffer;
**(i)** Your Digital Assets, or any Digital Assets you acquire, including through a third-party exchange may lose some or all of their value and you may suffer loss due to the fluctuation of prices of Digital Assets and/or significant price slippage and cost. You understand that anyone can create a Digital Asset, including fake versions of existing Digital Assets and Digital Assets that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other Digital Assets. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or interacting with the Protocol;
**(j)** No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your interaction with the Protocol, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect and your interaction with the Protocol and the Platforms does not constitute, and you do not expect it to result in, a breach, default, or violation of any Laws or any contract or agreement to which you are a party or are otherwise bound. You are responsible for ensuring compliance with the Laws of your jurisdiction in connection with your interaction with the Protocol and the Platform, and acknowledge that DeFusion is not liable for your compliance or non-compliance with any such Laws;
**(k)** The VIC Tokens to be used for staking have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;
**(l)** The VIC Tokens received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;
**(m)** The Platform, the Protocol, and the deFusion Smart Contracts may be subject to exploits. DeFusion is not responsible for exploits and it is not possible to guarantee that the code is completely free from bugs or errors. Users accept all risks that arise from using the Platform, interacting with the Protocol, and the deFusion Smart Contracts, including the risk of any funds being lost due to a failure or exploit of the Platform, the Protocol, or the deFusion Smart Contracts;
**(n)** You are solely responsible for securing the private keys associated with any Wallet or blockchain address you may use when accessing the Protocol. You understand that anyone who obtains your private keys and access to your device may access your Wallet or a blockchain address controlled with such private keys with or without your authorization and may transfer any digital assets accessible through your Wallet or such blockchain address;
**(o)** We make no guarantees as to the price or value of any digital asset or Token on any secondary market, including the liquidity pools accessible using the Protocol;
**(p)** There is a risk of inactivity in liquidity pools if the market rates associated with the digital assets or Tokens that make up the liquidity pool fall outside the minimum and maximum prices supported. You are ultimately responsible for determining what the minimum and maximum prices are;
**(q)** Support for the Platform, and the deFusion Smart Contracts may be modified or discontinued at any time. DeFusion reserves the right, at any time, in our sole discretion and without prior notice, to modify the Platform; and
**(r)** In the event of a change to an underlying blockchain network, or other network disruption, resulting in a Fork of the existing blockchain into one (or more) additional blockchains, the Protocol may not support activity related to any new digital assets or Tokens created as a result of the Fork. In addition, in the event of a Fork, transactions on the Viction Network may be disrupted, including transactions involving the deFusion Smart Contracts.
2. You acknowledge and agree that deFusion does not make or purport to make, and deFusion hereby expressly disclaims, any representation or warranty in relation to the subject matter set forth in these Terms, including any representations or warranties relating to the Platform, the VIC Tokens, the Protocol, the deFusion Smart Contracts, or otherwise.
You further acknowledge and accept that by using the Platform and/or interacting with the Protocol: (a) deFusion has no control over, and assume no responsibility for, the deFusion Smart Contracts or any of the functions thereof or changes thereto; (b) the Platform functions solely as an interface to communicate your instructional input to the deFusion Smart Contracts and to receive output from the deFusion Smart Contracts; (c) the Platform does not execute trades on your behalf, and merely serve as an interface that may provide information with which you may direct third parties who may do so; (d) you shall not claim, and have no claim, against deFusion (i) in respect of, in connection with any change to, or in connection with any failure of, the deFusion Smart Contracts, or any of the functions thereof; or (ii) in respect of any failure of the Platform or the Protocol to facilitate access to and usage of the deFusion Smart Contracts, and any of the functions thereof; and (e) none of the information available on the Platform or in these Terms, or made available to you in relation to the use of the Platform or interaction with the Protocol constitutes any advice, including legal, tax, financial, accounting or trading advice. If you are in any doubt as to the action you should take, you should consult your legal, financial, tax or other professional advisors.
**6. Intellectual Property**
(a) Proprietary property of deFusion
The Platform, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the deFusion logo and all designs, layouts, displayed, technical information, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of deFusion or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our Affiliates, licensors, and users, as applicable, reserve all rights in connection with the Platform and its content, including, without limitation, the exclusive right to create derivative works.
“deFusion” name, logo, trademarks, and any deFusion names, designs, logos, and slogans are the intellectual property of deFusion or our Affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “deFusion” or any other name, trademark, or product or service name of DeFusion or our Affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Platform constitutes the Platform mark, trademark, or trade dress of deFusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Platform or displayed on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by deFusion.
As long as you agree to and comply with the present Terms, we grant you a non-exclusive, non-sublicensable and non-transferable license to use the Platform for your personal use or internal business use only. You will not: (a) reproduce, modify, adapt or create derivative works of any part of the Platform; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Platform; (c) use the Platform for the benefit of any third party; (d) incorporate the Platform into a product or service you provide to a third party without our prior written consent; (d) circumvent mechanisms in the Platform intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to the Platform, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in the Platform; or (h) use the Platform for competitive analysis, as part of any other software or project of any kind or to build competitive products.
7. **Prohibited use**
1\. You shall be responsible for the reporting requirements under the Laws in respect of any dealing with Tokens including the reporting requirements in respect of any taxable income derived in connection with the interaction with the Protocol to the relevant Governmental Authority.
2. Your relationship with us and the operation and interaction with the Protocol shall be subject at all times to the Laws. deFusion may take or refrain from taking any action whatsoever, and you shall comply with, and shall do all things required by deFusion, in order to procure or ensure compliance with the Laws. You acknowledge and agree that deFusion shall not be liable to you as a result of any action taken by deFusion to comply with the Laws.
3. You may not access the Protocol to engage in the below categories of activity (“Prohibited Uses”). The specific types of uses listed below are representative but are not exhaustive. We may update the Prohibited Uses of the Protocol from time to time, and you hereby acknowledge and agree that it shall be your sole responsibility to ensure that your use of the Protocol does not involve a Prohibited Use. By interacting with the Protocol, you confirm that you will not, and you will not aid, abet, encourage or induce any third party to engage in any of the actions and activities in any manner utilizing the Protocol which:
**(a)** Impersonate someone or use or attempt to use another user’s Wallet without authorization or use our Platform and/or the Protocol in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it;
**(b)** Take any action that may impose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure;
**(c)** Access the Platform or interact with the Protocol to copy, modify, or create derivative works of the Platform or the Protocol or any related software or code, or reverse engineer, disassemble, decompile, decode, adapt, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Platform or the Protocol, or otherwise attempt to derive or gain access to any software component of the Platform or the Protocol, including those of third parties;
**(d)** Collect or store any personally identifiable information from the Protocol from other users of the Protocol without their express permission;
**(e)** Create or list counterfeit items;
**(f)** Impersonate or misrepresent your affiliation with any person or entity;
(g) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, or that involves proceeds of any criminal or fraudulent activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Platform and/or the Protocol);
(h) Use the Platform and/or interaction with the Protocol in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform and/or the Protocol;
(i) Violate, misappropriate or infringe the rights of deFusion, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; and
(j) Facilitate or assist another person to do any of the above acts.
8. **Covenants**
By accessing the Platform and interacting with the Protocol, you further covenant that:
**(a)** Your Digital Assets have been legally obtained by, and belong to, you;
**(b)** You will not provide any false, inaccurate or misleading information while using the Protocol, or engage in any activity that operates to defraud DeFusion, other users of the Protocol, or any other person or entity;
**(c)** You will not interact with the Protocol to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
**(d)** Any Digital Assets you use in connection with the Protocol are either owned by you or you are validly authorized to carry out actions using such assets;
**(e)** You will pay all fees necessary for interacting with the Protocol, or any other network with which the Protocol are compatible, including "gas" costs, as well as all fees charged by us for your use of the Protocol; and
**(f)** You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not access the Platform or use the Protocol if (i) you are in, under the control of, or a national or resident of China, Cuba, Egypt, Hong Kong, Iran, Iraq, Democratic People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (ii) you intend to supply any the Protocol to China, Cuba, Egypt, Hong Kong, Iran, Iraq, Democratic People’s Republic of Korea, Saudi Arabia, Syria, Ukraine, Vietnam or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
9. **Indemnity**
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless deFusion, and our Affiliates, officers, directors, agents, partners and employees (individually and collectively, the “deFusion Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of or related to (a) your interaction or exploitationof the Protocol and the Platform, (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or applicable Laws, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your fraud, negligence or willful misconduct. You agree to promptly notify deFusion Parties of any third-party Claims, cooperate with deFusion Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the deFusion Parties will have control of the defense or settlement, at deFusion’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and deFusion.
If deFusion is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section, you agree to reimburse deFusion its legal fees, as well as its employees’ and contractors’ time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.
10. **Warranty Disclaimers**
THE PLATFORM AND THE PROTOCOL ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DEFUSION EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DEFUSION MAKES NO WARRANTY OF ANY KIND THAT THE PROTOCOL, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USERS’ OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER THE PROTOCOL, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. DEFUSION MAKES NO WARRANTY OR REPRESENTATION THAT THE PROTOCOL DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE PROTOCOL WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION. DEFUSION CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USERS DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE PROTOCOL OR THE PLATFORM, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD DEFUSION RESPONSIBLE FOR ANY BREACH OF SECURITY.
DEFUSION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE FUNCTIONALITY OF THE PLATFORM AND THE PROTOCOL, OR THAT THE PLATFORM AND THE PROTOCOL WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON VICTION NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE PROTOCOL RELIES ON EMERGING TECHNOLOGIES, SUCH AS VICTION NETWORK OR ANY OTHER NETWORK, AND THIRD PARTY DECENTRALIZED EXCHANGES. THE PROTOCOL IS SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY INTERACTING WITH THE PROTOCOL, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. DEFUSION SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL TOKEN OR DIGITAL ASSET ON VICTION NETWORK OR ANY OTHER NETWORK, AND DEFUSION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.
11. **Acknowledgment of Certain Risks; Other Disclaimers; Release of Claims**
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) FAILURES, DISRUPTIONS, ERRORS, OR DELAYS IN THE PROCESSING OF DIGITAL ASSETS THAT YOU MAY EXPERIENCE WHILE USING THE PROTOCOL OR THE PLATFORM; (II) THE RISK OF FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS; (III) THE RISK OF MALICIOUS SOFTWARE BEING INTRODUCED OR FOUND IN THE SOFTWARE UNDERLYING THE WALLET; (IV) THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET, INCLUDING, BUT NOT LIMITED TO YOUR WALLET ADDRESS, PRIVATE KEY, AND SECRET PHRASE; AND (V) THE RISK OF UNKNOWN VULNERABILITIES IN OR UNANTICIPATED CHANGES TO THE APPLICABLE BLOCKCHAIN NETWORKS.
YOU UNDERSTAND THAT VICTION NETWORK (AND ALL OTHER NETWORKS WITH WHICH THE PROTOCOL OR THE PLATFORM MAY BE COMPATIBLE) REMAINS UNDER DEVELOPMENT, WHICH CREATES TECHNOLOGICAL AND SECURITY RISKS WHEN INTERACTING WITH THE PROTOCOL IN ADDITION TO UNCERTAINTY RELATING TO DIGITAL ASSETS AND TRANSACTIONS THEREIN. YOU ACKNOWLEDGE THAT THE COST OF TRANSACTING ON VICTION NETWORK IS VARIABLE AND MAY INCREASE AT ANY TIME, THEREBY IMPACTING ANY ACTIVITIES TAKING PLACE ON VICTION NETWORK, WHICH MAY RESULT IN PRICE FLUCTUATIONS OR INCREASED PRICES FOR USING THE PROTOCOL.
INTERACTION WITH THE PROTOCOL OR THE PLATFORM, IN PARTICULAR FOR TRADING DIGITAL ASSETS, MAY CARRY FINANCIAL RISK. DIGITAL ASSETS ARE, BY THEIR NATURE, HIGHLY EXPERIMENTAL, RISKY, AND VOLATILE. TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE PROTOCOL ARE IRREVERSIBLE, FINAL AND THERE ARE NO REFUNDS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL ACCESS AND INTERACT WITH THE PROTOCOL AT YOUR OWN RISK. THE RISK OF LOSS IN TRADING DIGITAL ASSETS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. BY USING THE PROTOCOL, YOU REPRESENT AND WARRANT THAT YOU HAVE BEEN, ARE, AND WILL BE SOLELY RESPONSIBLE FOR MAKING YOUR INDEPENDENT APPRAISAL AND INVESTIGATIONS INTO THE RISKS OF A GIVEN TRANSACTION AND THE UNDERLYING DIGITAL ASSETS. YOU REPRESENT THAT YOU HAVE SUFFICIENT KNOWLEDGE, MARKET SOPHISTICATION, PROFESSIONAL ADVICE, AND EXPERIENCE TO MAKE YOUR EVALUATION OF THE MERITS AND RISKS OF ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE PROTOCOL OR ANY DIGITAL ASSET. YOU ACCEPT ALL CONSEQUENCES OF INTERACTION WITH THE PROTOCOL, INCLUDING THE RISK THAT YOU MAY LOSE ACCESS TO YOUR DIGITAL ASSETS INDEFINITELY. ALL TRANSACTION DECISIONS ARE MADE SOLELY BY YOU. NOTWITHSTANDING ANYTHING IN THESE TERMS, WE ACCEPT NO RESPONSIBILITY WHATSOEVER FOR, AND WILL IN NO CIRCUMSTANCES BE LIABLE TO YOU IN CONNECTION WITH, YOUR USE OF THE PROTOCOL FOR PERFORMING DIGITAL ASSET TRANSACTIONS.
THE PROTOCOL MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF THE PROTOCOL OR OTHER ATTACKS, TECHNICAL FAILURE OF THE PROTOCOL AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE PROTOCOL CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS AND REGULATIONS, YOU, FOR AND ON BEHALF OF ALL NATURAL AND LEGAL PERSONS WHO MAY CLAIM THROUGH OR UNDER YOU, ON YOUR BEHALF, OR OTHERWISE IN RESPECT OF YOU, RELEASE AND FOREVER DISCHARGE DEFUSION AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ATTORNEYS, AND ADVISERS, AND ALL OF ITS AND THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, WHETHER UNDER COMMON LAW, STATUTORY, CONTRACTUAL, TORTIOUS, EQUITABLE, OR OTHERWISE, AND ALL LOSSES, DAMAGES, TAXES, LIABILITIES, COSTS, AND EXPENSES, WHICH YOU HAVE, EVER HAD, MAY HAVE, OR HEREAFTER MIGHT HAVE, WHETHER KNOWN OR UNKNOWN, NOW EXISTING OR WHICH MIGHT ARISE OR ACCRUE HEREAFTER, RELATING TO OR ARISING FROM THE MATTERS LISTED IN THIS SECTION.
12. **Limitation of liability**
IN NO EVENT SHALL DEFUSION NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY LOSSES REALIZED OR DEMANDED OF USERS RELATED TO USERS’ ACCESS TO OR INTERACT WITH OF THE PROTOCOL, INCLUDING ANY LOSSES FOR INTELLECTUAL PROPERTY INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DEFUSION FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO DEFUSION FOR USE OF THE PROTOCOL OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DEFUSION, AS APPLICABLE.
IN NO EVENT SHALL DEFUSION NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR INTERACT WITH THE PROTOCOL, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROTOCOL OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN DEFUSION SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH the PROTOCOL BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; AND (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF LIABILITY IN THIS SECTION PROTECT DEFUSION’S AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, AND REPRESENTATIVES OF DEFUSION AND ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, TO THE SAME EXTENT THAT DEFUSION IS PROTECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES. TO THAT END, THE EXCLUSIONS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO WAIVE ALL RIGHTS TO ASSERT ANY CLAIMS UNDER APPLICABLE LAWS AND REGULATIONS AND YOU AGREE THAT YOU MAY MAKE CLAIMS BASED ONLY ON THESE TERMS.
YOU ACKNOWLEDGE THAT DEFUSION HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DEFUSION.
13. **Privacy Policy**
Please refer to our [Privacy Policy](https://docs.defusion.xyz/legal/privacy-policy) for information about how we collect, use, and disclose information from the Protocol users. By submitting personal data through our Platform and the Protocol, you agree to the terms of Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
14. **Future changes to the Platform and the Protocol**
We are always working to improve the Platform and the Protocol, so our Platform and the Protocol may change over time. We may suspend or discontinue any part of the Platform and the Protocol or we may introduce new features or impose limitations on certain features or restrict access to part or all the Platform and the Protocol.
15. **Resolving Disputes; Binding Arbitration**
We want to address your concerns without needing a formal legal case. Before filing a claim against deFusion, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at . The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with deFusion and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and deFusion agree that any dispute arising out of or related to these Terms, or the Protocol is personal to you and deFusion and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for claims disputes in which you or deFusion seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and DeFusion waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or the Protocol, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and deFusion agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, deFusion, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and deFusion will not have the right to assert the claim.
(e) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
16. **Governing Law**
These Terms and your access to and interaction with of the Protocol shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines without [giving](https://www.lawinsider.com/clause/giving) [effect](https://www.lawinsider.com/clause/effect) to the [conflict of laws](https://www.lawinsider.com/clause/conflict-of-laws) [principles](https://www.lawinsider.com/clause/principles) thereof.
17. **Termination**
Notwithstanding the foregoing, we may suspend or terminate your access to the Protocol at any time in connection with any transaction as required by applicable law, any Governmental Authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider at our sole discretion, at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by DeFusion. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Protocol. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from Protocol.
You may cease to access the Platform and interact with the Protocol at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation, or cancellation of the Protocol, the following Sections will survive: 1, 2, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20.
18. **Severability**
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
19. **Injunctive Relief**
You agree that a breach of these Terms will cause irreparable injury to deFusion for which monetary damages would not be an adequate remedy and deFusion shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
20. **Miscellaneous**
These Terms constitute the entire agreement between you and deFusion relating to your access to the Platform and use of the Protocol. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of deFusion, and deFusion’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
# Privacy Policy
Last Revision Date: **March 13, 2024**
This Privacy Policy describes how deFusion ("deFusion”, "we", "our", and "us") collects, uses, processes, discloses, shares, transfers, and protects your personal information or data when you:
(a) access or use the website as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Site”) or interact with the Protocol provided by the deFusion, as described in our [Terms of Use](https://docs.defusion.xyz/legal/term-and-services) (collectively, the “Protocol”). The Site and Protocol are hereunder collectively referred to as the “Platform”; and
(b) provide us with your personal data.
This Privacy Policy (together with our Terms of Use and any other documents referred to herein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, used and/or disclosed by us. Please read the following carefully to understand our practices in processing your personal data, as well as your rights regarding your personal data and how we will treat it.
By visiting or interacting with our Platform and/or submitting data to us, you are accepting and consenting to the collection, use, disclosure and processing of your personal data as described in this Privacy Policy. Please refrain from accessing the Site and do not provide any personal data to us if you disagree with the terms of this Privacy Policy.
We may change or amend this Privacy Policy from time to time without notice to you, in compliance with applicable laws or as we update our data usage and handling processes. Any changes we may make to this Privacy Policy in the future will be made available on the Site and any such changes will become effective upon posting of the revised Privacy Policy. The updated Privacy Policy will supersede earlier versions and will apply to personal data provided to us previously. Please check back frequently to see any updates or changes to our Privacy Policy.
For the avoidance of doubt, this Privacy Policy forms a part of the terms and conditions governing your relationship with us. This Privacy Policy supplements but does not supersede or replace any other consents you may have provided to us, or any other agreements or arrangements that you may have with us, in respect of your personal data.
For any questions or feedback in relation to this Privacy Policy or your personal data, or if you wish to make a complaint to us, please submit your requests, feedback or complaint to:
When you contact us, we may require that you submit certain forms or provide certain information, including verification of your identity, before we are able to respond.
1. **Your Personal Data**
“Personal data” is data that can be used to identify a natural person. Examples of personal data include name, transactional information based on your activities on our Site, images, and any other information of a personal nature.
We may collect and process personal data provided directly by you. We also process, insofar as necessary, personal data provided to us by third parties, including publicly accessible data, personal data legitimately provided by other group companies, personal data collected through your use of our (or our service provider’s) digital technologies, and personal data provided by other trusted third parties (including our service providers).
You are responsible for ensuring that all personal data that you provide to us is true, accurate and complete. You are responsible for informing us of any changes to your data in writing, so that we may take all reasonable measures to keep our records of your personal data correct and up to date.
When our collection is based on consent, you have the choice, at any time, not to provide your personal data to us or to withdraw your consent previously provided to us. However, do note that if you do so, we may be unable to fulfill the purposes for which we require the personal data, continue to provide Service to you (e.g. processing your transactions), and/or fulfill any contractual relationship which may be in place between us.
Our Platform is not intended to be accessed or used by children, minors or persons who are not of legal age. If you are a parent or guardian and you have reason to believe your child or ward has provided us with their personal data without your consent, please contact us.
In certain circumstances, you may also provide us with personal data of persons other than yourself (such as your officers, employees, agents, customers, family members and next-of-kin). If you do so, you represent and warrant that you have brought this Privacy Policy to his/her attention, informed him/her of the purposes for which we are collecting his/her personal data and that he/she has consented to your disclosure of his/her personal data to us for those purposes and accepts this Privacy Policy. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such personal data in accordance with the terms of this Privacy Policy.
**1.1. Personal Data you give us**
You may voluntarily give us your personal data by filling in forms on the Site or by corresponding with us by phone, e-mail or otherwise. This includes personal data you provide when you access the Site, interact with our Protocol or the service provided by our service providers, or when you report a problem with the Site. See Clause 1.4 for more information on how we collect your personal data.
Examples of personal data you may provide to us include (depending on the nature of your interaction with us) your name, and any other information relating to any individuals which you have provided to us in any forms submitted to us, or via other forms of interaction with you. See Clause 1.2 for more information on the types of personal data we may collect from you.
1.2. Personal data and/or information we collect about you
With regard to each of your visits to or use of our Site, we may collect the following information and/or personal data that are relevant to our relationship with you, as well as copies of documents verifying such information:
(a) your transaction history;
(b) technical information, including but not limited to the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, and information relating to your operating system and Site;
(c) information about your visit and use of our Site, including but not limited to the full Uniform Resource Locators (URL) clickstream to, through and from our Site (including date and time), download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page; and
You hereby agree that we are entitled to collect and use the above-listed personal data and/or information you have provided on our Site or generated through your use or access of our Site for the purposes listed in Clause 2 of this Privacy Policy.
Apart from personal data, we may collect other types of information which are not related to an individual and which are anonymous. For example, the number of website visitors and the number of website users using a particular service.
1.3. How we collect your personal data
We may collect your personal data directly or indirectly through various channels, such as:
(a) when you connect your digital wallet with us through our Site;
(b) when you log in, visit, use, access or download our Site and interact with Protocol;
(c) when you authorize us to obtain your personal data from a third party;
(d) when you enter into agreements with us;
(e) when you transact with us, contact us or request that we contact you through various communication channels, for example, through social media Sites, messenger Sites, face-to-face meetings, emails and letters;
(f) when you attend events or functions organized by us;
(g) we seek information about you and receive your personal data in connection with your relationship with us;
(h) when you submit your personal data to us for any other reason;
(i) when you voluntarily complete any user survey or provide feedback to us via emails or any other electronic channels;
(j) through automated data collection technologies upon visiting our Site; and
(k) in other situations where we may collect your information as may be described in this Privacy Policy or in our terms and conditions.
1.4. Personal Data we receive from other sources and third parties
Depending on your relationship with us, we may also collect and receive your personal data from third party sources, for example, from:
(a) public databases, public agencies, other public sources, credit bureaus, blockchain data;
(b) third parties whom you have authorized us to obtain your personal data from;
(c) our business partners such as third parties providing services to us (including but not limited to, our ID verification partners, marketing partners, advertising partners, our sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies); and/or
(d) your family members or friends who provide your personal data to us on your behalf.
We may also receive personal data about you if you use any of the other websites or Sites we operate (or operated by our affiliate or related companies), or other services we (or our affiliate or related companies) provide.
2. **Processing your personal data**
2.1. General Purposes
We collect, use, disclose and process your personal data, including data provided by you, data we collect about you and data provided by third parties, in the following ways and upon the following grounds:
(a) for the fulfillment of contractual obligations and/or transactions entered into between you and us, and to provide you with the information, or access to the Protocol that you request from us;
(b) facilitating the use of our Site, including verifying, authenticating and/or establishing your identity;
(c) facilitating business asset transactions;
(d) to notify you about changes to our Protocol;
(e) to comply with any legal or regulatory obligations, applicable laws, regulations, codes of practices, guidelines, industry standards (domestic or global), government requests, or rules (including but not limited to Anti-Money Laundering (AML) regulations, Know Your Customer (KYC) rules, and Counter-Terrorist Financing (CTF) regulations), or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(f) where it is strictly necessary (i.e. to protect the vital interests of the users or other natural persons, to fulfill the purpose of public interest, or to pursue our reasonable interests);
(g) security purposes, e.g. to monitor and detect suspicious activities, to protect users from fraudulent activities, to protect our Site, users' accounts, and archives from unauthorized access or usage, to prevent damage to our Site and systems, and to protect against automated abuse such as spam, and phishing;
(h) communicating with you (through messages, emails,live chats or otherwise) and assisting you with your queries, requests, Site, complaints and feedback;
(i) resolving any disputes or legal claims, investigating any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;
(j) administrative purposes, including finance, IT and HR purposes, quality assurance and staff training, and compliance with internal policies and procedures, including audit, accounting, risk management and record keeping;
(k) carrying out research and statistical analysis, including development of new products and services or evaluation, and improvement of our existing Protocol (including but not limited to, gaining better understanding of users' needs and behaviors, diagnosing any problems with our server, and quality assurance);
(l) performing data analytics and related technologies on data, to enable us to deliver relevant content and information to you, and to improve our websites and digital Sites (e.g. ensuring that content from our Site are presented in the most effective manner for you and for your computer);
(m) managing and engaging third parties, data processors or subcontractors that provide services to us, e.g. IT service, technological service, delivery service, and other professional services (e.g. accountants, lawyers and auditors);
(n) such purposes that may be informed to you when your personal data is collected; and/or
(o) any other reasonable purposes related to the aforesaid.
Subject to the terms of this Privacy Policy, we shall not use or process your personal data for purposes other than the purposes stipulated in this Privacy Policy without your prior consent. Where your personal data is used for a new purpose and where required under applicable law, we shall obtain your consent. We may collect, use, disclose and process your personal data for other purposes, without your knowledge or consent, only where this is required or permitted by law.
We may, if necessary or required by law, provide your personal data to law enforcement agencies, regulatory organizations, courts or other public authorities. Where appropriate, we will attempt to notify our customers about legal demands for their personal data. You agree that we may not be able to do so if such notification is prohibited by law or court order, when the request is an emergency, or when the burden or expense of notifying the customers would be unreasonable to us. We may dispute such demands when we believe that the requests are disproportionate, vague or lack proper authority, but we do not promise or undertake to challenge every demand.
2.1. Marketing purposes
In order for us, or for authorized third parties permitted by us, to market or advertise products, events, and/or services that are of specific interest and relevance to you, we may analyze, use, process and/or rely on your personal data provided to us, or data collected from your interactions with us. However, no marketing or advertising, using your personal data in non-aggregated and/or identifiable form would be carried out unless you have provided us with your consent to use your personal data for such marketing or advertising purposes. If you do not want us to use or process your personal data for the purposes of marketing or advertising, you can withdraw your consent at any time by contacting us. You can exercise your right to prevent such use or processing by checking certain boxes on the forms we use to collect your personal data. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS or other means) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, subject to your consent. If you are a new customer, and where we permit selected third parties to use your data for marketing or advertising purposes, we (or they) will contact you by electronic means only, subject to your consent.
2.3. Legitimate business interests
We may also collect, use, disclose and process your personal data for the following purposes to safeguard, support and/or carry out our company’s legitimate business interests such as:
(a) processing of personal data for the purposes of our daily operations including billing and debt collecting;
(b) managing our business and relationship with you (e.g. accurately carrying out and confirming your instructions, or for the purposes of providing you with rebates and other benefits), and providing access to Platform to our customers;
(c) assistance of carrying out corporate restructuring plans;
(d) protecting our rights and interests, and those of our customers (e.g. processing of your data for the protection of the company’s legal position in the event of legal proceedings);
(e) processing for the purpose of reporting possible criminal acts (e.g. fraud) or threats to public security to competent authorities;
(f) enforcing our terms and conditions, and obligations owed to us, or protecting ourselves from legal liability;
(g) managing our investor and shareholder relations;
(h) complying with internal policies, procedures, and operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and/or
(i) process or share your personal data to facilitate acquisitions, mergers, or transfers of our business.
3. **Storing of data**
3.1. Where we store your personal data
The security of your personal data is our top priority. We shall take care in implementing and maintaining the security of our Platform, as well as that of your personal data. We employ procedures and policies that incorporate industry best practices to ensure the integrity of your personal data and to prevent instances of unauthorized use.
Please note that it is impossible to fully guarantee the security of your personal data. While we take reasonable steps to safeguard your personal data in our possession or under our control, you agree not to hold us liable or responsible for any loss or damage resulting from any unauthorized or unintended access that is beyond our control (e.g. hacking or cybercrimes), or abuse of your information. We recommend that you take independent safety precautions to protect your personal data, particularly your credential information such as your username and password. You hereby agree that we shall not be liable for any information leakage and other losses not caused intentionally or otherwise by our gross negligence, including, but not limited to, hacker attacks, power interruptions, or unavoidable technical failures. For the avoidance of doubt, we do not make any warranty, guarantee, or representation that your use of our systems or Site is safe and protected from malware, and other vulnerabilities. We also do not guarantee the security of data that you choose to send us electronically. Sending such data is entirely at your own risk.
3.2. For how long will your data be stored?
We will process and store your personal data for as long as it is necessary in order to fulfill the purposes we collected it for, and to satisfy our business, contractual, legal, regulatory and/or statutory obligations (including audit, accounting or reporting purposes). We may thus be required to retain certain information, including personal data or information of users, users' profiles, identification verification materials, information relevant to AML/KYC/CTF procedures, account information, account agreements, and other agreements between us and third parties, account statements, and other records, for an extended period of time.
We will assess and respond to requests to delete personal data and we shall accordingly delete personal data provided that the personal data is no longer required in order to fulfill our business, contractual, legal, regulatory and/or statutory obligations, or the fulfillment of any obligations to preserve records according to applicable laws and regulations.
In general, how long we keep your personal data depends on the nature of the data, e.g. we keep personal data for at least the duration of the limitation period for bringing claims if the personal data may be required to commence or defend legal proceedings. Some information may also be retained for longer e.g. where we are required to do so by law.
3.3. Anonymized data
In some circumstances we may anonymize and/or aggregate your personal data so that it can no longer be associated with you, in which case we are entitled to retain and use such data without restriction.
4. **Disclosure of your personal data**
Your personal data may be made available, disclosed or shared to our related parties and/or within our group of companies in order to provide our Platform to you, for management and compliance purposes, and to utilize shared group IT functions.
We may share, transfer, disclose, or allow access to your personal data to third parties in connection with the purposes described in Clause 2, including without limitation the purposes described below:
(a) to administer or process a transaction, or service you have authorized or requested, or in the context of facilitating the execution of a transaction;
(b) to facilitate or otherwise enable any activity on the Site which you choose to participate in, including the provision of your personal data to the third party entities to comply with applicable legal, regulatory, compliance or statutory requirements (e.g. AML/KYC/CTF procedures);
(c) to carry out or aid in certain functions during the account opening, updating and/or maintenance process, such as, but not limited to, account processing, surveillance, reconciliation, execution, document retention requirements, and document dissemination;
(d) to process payments which you have authorized (e.g. disclosure to financial institutions that we have partnered with);
(e) to operate and/or improve our Site;
(f) if we are discussing selling or transferring part or all of our business, to a purchaser of our business. The information may be transferred to prospective purchasers under suitable terms as to confidentiality;
(g)if we are reorganized or sold, information may be transferred to a buyer who can continue to provide the Site and access to the Protocol to you;
(h) to facilitate account closing where you have a deficient balance, or upon excessive instances where you do not have sufficient funds in your account;
(i) to third parties that provide services to us, such as, but not limited to, data providers, technology providers, consulting, sales, client support operations, payment processing, authentication service, professional service (including accountants, lawyers and auditors), and technical support or service;
(j) to third parties in order to fulfill such third party products and/or services as may be requested or directed by you;
(k) if we are defending a legal claim your information may be transferred as required in connection with defending such claim;
(l) to law enforcement agencies, authorities, public agencies and government officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, or when we believe in good faith that the disclosure of personal data is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of any of our terms and conditions, or any other applicable policies; and
(m) other circumstances under which we may disclose your personal data such as:
(i) to comply, as necessary, with applicable laws and regulatory requirements;
(ii) respond to mandatory legal or governmental requests or demands for information;
(iii) meet national security requirements;
(iv) enforce our agreements, policies, procedures and/or Terms of Use;
(v) protect ourselves, our affiliates, our users, our counterparties or the general public from illegal activities; and
(vi) to respond to an emergency that requires disclosure of your personal data.
You may freely opt-out of having your personal data shared with third parties (or for any of the above listed purposes), or from allowing us to use your personal data for any purpose that is incompatible with the purposes for which we originally collected or subsequently obtained your authorization as stipulated in this Privacy Policy. Please contact us if you wish to opt-out.
We will ensure that all companies and/or third parties to whom we disclose your personal data will only process it in accordance with our instructions and on our behalf. We will, where appropriate and permissible, enter into contracts with these third parties to protect your personal data in a manner that is consistent with all applicable laws. All such companies and third parties will be required by us to meet the requirements of applicable data protection legislation and our strict privacy and retention policies to keep your personal data secure at all times.
5. **Transfer of Personal Data to other countries**
You agree and acknowledge that we may transfer your personal data to different jurisdictions in connection with the purposes described in this Privacy Policy:
(a) from the jurisdiction where it is collected (or where you are located) to any other jurisdictions that we operate in; and
(b) to third parties in other jurisdictions.
When we transfer your personal data internationally and where required by applicable law, we will put in place appropriate safeguards. You may obtain details of these safeguards by contacting us.
6. **Third-Party Collection of Personal Information**
Our Site may contain links to other websites or platforms that are not owned or maintained by us. These links are provided only for your convenience. You may also be accessing our Site through third party websites and/or platforms. This Privacy Policy only applies to our Site. When visiting third party websites or using their platforms, their privacy policies apply to their collection, use or disclosure of the personal data you disclose to them.
You hereby acknowledge that we shall not be responsible for the products, service, or descriptions of products or services that you receive from these third-party websites or platforms. This Privacy Policy shall not be applied to any such third-party products and services that you access through our Site. You knowingly and voluntarily assume all risks of using such third-party websites or platforms to purchase products and services, and you agree that we shall have no liability whatsoever concerning such third-party websites or platforms and your usage of them.
7. **Your rights**
Depending on the jurisdiction that you are in or where we operate, you may enjoy certain rights under applicable law in relation to our collection, use, disclosure and processing of your personal data. Such rights may include:
(a) **Access:** you may ask us if we hold your personal data and, if we are, you can request access to your personal data free of charge. This enables you to receive a copy of and information on the personal data we hold about you;
(b) **Correction:** you may request for the rectification or correction of your personal data that is incomplete or inaccurate;
(c) **Restriction:** you may withdraw consent for our use or process of your personal data, or ask us to suspend the process of your personal data (e.g. if you want us to establish its accuracy);
(d) **Objection:** where we are processing your personal data based on a legitimate interest (or those of a third party), you may object to processing on this ground;
(e) **Portability:** you may request for the transfer of your personal data to another party under certain circumstances; and
(f) **Erasure:** you may request the erasure, deletion or removal of your personal data that we hold about you in certain circumstances.
If you wish to exercise any of your rights, you may contact us at . We may require that you submit certain forms or provide certain information to process your request. Where permitted by law, we may also charge you a fee to process your request.
We may be permitted under applicable laws to refuse a request, for example, we may refuse (a) a request for erasure where the personal data is required in connection with claims; or (b) an objection request and continue processing your personal data based on compelling legitimate grounds for the processing.
