Agora Exchange Terms of Service

1. No Financial Product or Advice

1.1 Informational Purposes Only

The services, applications, and information provided through the Agora Exchange ("the Platform") are for general informational and technological purposes only. The Platform is not intended to be, and must not be construed as, offering any kind of investment advice, financial advice, financial products, legal advice, or tax advice.

1.2 No Brokerage, Advisory, or Fiduciary Relationship

Nothing on or through the Platform shall be considered as creating a financial advisory relationship, brokerage relationship, or fiduciary relationship of any kind. Any decisions you make regarding the use of the Platform or any transactions you engage in using the Platform are made solely at your own risk.

1.3 Independent Assessment

You agree to conduct your own due diligence, research, and independent assessment of any potential risks before using the Platform. You acknowledge that trading derivatives or other instruments involves significant risk, and you agree that the Platform does not provide recommendations or endorsements of any particular financial instruments or strategies.

2. Cloud GPU Instances and Third-Party Responsibility

2.1 Third-Party Service Providers

You acknowledge and agree that the Platform relies on third-party cloud GPU providers or independent hardware owners ("Providers") to supply the GPU instances utilized within the Platform. These Providers are solely responsible for maintaining and supporting the underlying cloud GPU infrastructure.

2.2 No Warranties on GPU Instances

To the fullest extent permitted by applicable law, the Platform makes no warranties, guarantees, or representations concerning the quality, stability, availability, or suitability of any GPU instance. Any service interruptions, performance issues, or downtime arising from the Providers' infrastructure shall be governed by the Providers' terms and conditions. The Platform disclaims any liability for losses or damages you may incur due to such interruptions or issues.

2.3 No Control Over Third-Party Services

The Platform does not control, supervise, or manage the Providers' equipment or services, and cannot guarantee uninterrupted or error-free access to GPU resources. You acknowledge that any reliance on or use of GPU instances is solely at your own risk, and subject to any license terms, service level agreements, or other contractual arrangements you may have directly with the Providers.

3. Assumption of Risk and Limitation of Liability

3.1 Voluntary Use

By accessing or using the Platform, you understand and assume all risks associated with the operation, performance, and use of GPU instances and any data, tools, or functionalities made available on or through the Platform.

3.2 Limitation of Platform Liability

To the fullest extent permitted by law, the Platform and its owners, directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages or losses, including without limitation, damages for loss of profits, goodwill, data, or other intangible losses resulting from:

  • (i) your use of or inability to use the Platform;
  • (ii) any reliance placed by you on the completeness, accuracy, or existence of any content or functionality on the Platform;
  • (iii) any changes which the Platform may make to its services;
  • (iv) statements or conduct of any third party on the Platform or through the Providers; and/or
  • (v) any other matter relating to the Platform.

3.3 Indemnification

You agree to defend, indemnify, and hold harmless the Platform and its owners, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Platform and any GPU instances.

4. General Provisions

4.1 No Waiver

No delay or omission by the Platform in exercising any right under this Liability Waiver shall operate as a waiver of that or any other right.

4.2 Severability

If any provision of this Liability Waiver is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

4.3 Governing Law and Jurisdiction

This Liability Waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.

4.4 Entire Agreement

This Liability Waiver, together with the Platform's Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Platform regarding the subject matter herein and supersedes any prior agreements or understandings.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LIABILITY WAIVER, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.

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