Effective as of Oct 18, 2023
By downloading, accessing or using the Dappnode MEV Smoothing Pool (referenced herein "Smooth"), you (referenced herein as “you” or the “user”) certify that you have read and agreed to the terms and conditions below (the “Terms”) which form a binding contract between you and DAppNode (referenced herein as “we” or “us”). If you do not agree to the Terms, do not download or use the Smooth.
Smooth is made of three components, the mev-sp-oracle (referenced as "oracle"), mev-sp-contracts (referenced as "contract") and mev-sp-fe (referenced as "frontend"). Same terms of service apply for all components, which acts as a whole in the referenced Smooth.
Smooth has been developed by the Dappnode team and is pending the Open Source License. If you have any ideas regarding License, please contact the Dappnode team.
The use of the Smooth can lead to loss of money.
The ability to receive rewards may be affected at any time by mistakes made by the user or other users, software problems such as bugs, errors, incorrectly constructed transactions, unsafe cryptographic libraries or malware affecting the network, security problems experienced by a user and/or actions or inactions of third parties and/or events experienced by third parties, among other risks. We cannot and do not guarantee that any user of the Smooth will make money.
We make no claims that the Smooth is appropriate or permitted for use in any specific jurisdiction. Access to the Smooth may not be legal by certain persons or in certain jurisdictions or countries. If you access the Smooth, you do so on your own initiative and are responsible for compliance with local laws.
Smooth reserves the right to remove validators from the pool if they don’t follow the rules of the protocol. Said rules are open source and present in the oracle, accesible by anyone at any point in time. If you do not agree with the rules, do not join the Smooth.
SMOOTH IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. DAPPNODE AND ITS CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT DAPPNODE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT SMOOTH WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF SMOOTH AND ANY TRANSACTIONS ENTERED INTO THEREON.
In no event will DAppNode or any of its contributors be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, breach of statutory duty or otherwise arising out of, or in connection with, your use of the Smooth, for any direct, indirect, incidental, special or consequential damages (including any loss of profits or data, business interruption or other pecuniary loss, or damage, loss or other compromise of data, in each case whether direct, indirect, incidental, special or consequential) arising out of use the Smooth, even if we or other users have been advised of the possibility of such damages. The foregoing limitations and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. You acknowledge and agree that the limitations of liability afforded us hereunder constitute a material and actual inducement and condition to entering into these Terms, and are reasonable, fair and equitable in scope to protect our legitimate interests in light of the fact that we are not receiving consideration from you for providing the Smooth.
To the maximum extent permitted by law, you will defend, indemnify and hold DAppNode and its contributors harmless from and against any and all claims, actions, suits, investigations, or proceedings by any third party (including any party or purported party to or beneficiary or purported beneficiary of any transaction on the Smooth), as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of, accruing from, or in any way related to (i) your breach of the terms of this Agreement, (ii) any transaction, or the failure to occur of any transaction on the Smooth, and (iii) your negligence, fraud, or willful misconduct.
Your use of the Smooth is subject to all applicable laws of any governmental authority, including, without limitation, federal, state and foreign securities laws, tax laws, tariff and trade laws, ordinances, judgments, decrees, injunctions, writs and orders or like actions of any governmental authority and rules, regulations, orders, interpretations, licenses, and permits of any federal, regional, state, county, municipal or other governmental authority and you agree to comply with all such laws in your use of the Smooth. The users of the Smooth are solely responsible to determinate what, if any, taxes apply to their ETH transactions. The owners of, or contributors to, DAppNode are not responsible for determining the taxes that apply to ETH transactions.
We reserve the right to revise these Terms, and your rights and obligations are at all times subject to the then-current Terms provided on the Smooth. Your continued use of the Smooth constitutes acceptance of such revised Terms.
These Terms constitute the entire agreement between you and DAppNode regarding use of the Smooth and will supersede all prior agreements whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.