Terms of Use
These Terms of Use ('Terms') govern your access to and use of any services, products, social media channels, repositories and software (collectively, the 'Services') provided by
Talisman, including the Talisman websites (https://app.talisman.xyz; https://talisman.xyz) (each a 'Site') and the Talisman wallet extension ('Wallet').Please read these Terms carefully. By using or browsing our Site, installing, creating or using an account on our Wallet or by using any of our Services, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with these Terms, you must cease usage of any of our Services, immediately.
Talisman reserves the right to review, modify, replace or change any of the Terms by updating this page at its sole discretion from time to time. Any changes to the Terms take immediate effect from the date of their publication. It is your responsibility to check this Agreement periodically for changes, but we will also use commercially reasonable efforts to communicate any material changes to this Agreement through the Site, Services and Wallet. You agree that your continued use of or access to the Services, Site and Wallet following the posting of any changes to these Terms constitutes acceptance of those changes, whether or not you were checking for changes or actually read the changes.
Privacy
We respect your privacy and understand protecting your personal information is important. Any personal information you provide us through you use of the Services is subject to our Privacy Policy.
Use of the Services
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Talisman; or
you are a person barred from receiving the Services under the laws of the Cayman Islands or other countries including the country in which you are resident or from which you use the Services.
Beta Services
From time to time, we may invite you to try services, software or functionality generally not available to customers as a beta, pilot or limited release. You may accept or decline this at your discretion. You acknowledge and agree that we will not be liable for any liability that arises from or in connection with your use of any beta services and the beta services are provided “as is” and are exclusive of any warranty whatsoever. Any beta services may be discontinued at any time at Talisman’s discretion.
Your Obligations as a User
You agree to comply with the following:
you will use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
you will not use the Services for any harmful, illegal and/or unauthorised use, including:
anything that would constitute a breach of an individual’s privacy;
using the Services to defame, harass, threaten, menace or offend any person or send unsolicited electronic messages;
tampering with or modifying the Services, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Services, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
using data mining, robots, screen scraping or similar data gathering and extraction tools in your use of the Services; and
facilitating or assisting a third party to do any of the above acts.
you are responsible for protecting the confidentiality and security of your accounts.
you are responsible for all activities and transactions that you engage in when using our Services or on your account, including any taxes, fees or other charges imposed on you.
if you use the Wallet, you also agree that, as the Wallet operates locally on your computer and is a non-custodial wallet, you are responsible for keeping your own device and account secure. This includes taking appropriate measures such as backing up your accounts and protecting against unauthorised access.
for the Services, Site or Wallet, and except to the extent caused by our breach of these Terms, you are responsible for all activities that occur with respect to your use of the Services, Site or Wallet, regardless of whether the activities are authorised by your or undertaken by your, your employees or a third party. We are not responsible for unauthorised access to the Services, Site or wallet, including any access that occurred as a result of fraud, phishing or other criminal activities perpetrated against you by third parties.
you are solely responsible for properly configuring and using the Services, Site and Wallet and otherwise taking appropriate action to secure, protect and backup your accounts and information in a manner that will provide appropriate security and protection, which might include the use of encryption. If you are not able to be responsible for your own account security, or do not want such an obligation, then you should not use the Services, Site or Wallet. You acknowledge that certain methods of securing your secret recovery phrase, such as storing it as a digital file anywhere, including on your personal device or on a cloud storage provider, increase the risk that your account or secret recovery phrase will be compromised. You further acknowledge that you will not share with us nor any other third party any password or secret recovery phrase that relates to your use of the Services, Site or Wallet, and that we will not be held responsible if you do share any such password or phrase, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft of a secret recovery phrase that involved intrusion through any means into your personal device or a cloud provider’s data repository.
Copyright and Intellectual Property
The Site, the Wallet and the Services are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are reserved by Talisman or its contributors.
Any trademarks, service marks and trade names are owned, registered and/or licensed by Talisman, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to use the Site, Wallet or any Services pursuant to the Terms.
Talisman does not grant you any other rights whatsoever in relation to the Site, Wallet or the Services. All other rights are expressly reserved by Talisman.
You may not, without the prior written permission of Talisman and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials which are freely available for re-use or are in the public domain.
Third Party Content and Services
The Services may include services or functionality provided by third parties or contain links to third party content or websites. To the maximum extent permitted by law, we shall have no liability for any third-party services, or any unavailability of the Services due to a failure of the third party services.
One functionality of the Services provides the ability for users to swap tokens using the Cross-chain Swap feature. This feature also allows users to sort through various tokens by reference categories. The Cross-chain Swap feature, along with the categories for tokens, are provided by third parties, and Talisman accepts no liability for these services, or the veracity of the categorization of various tokens.
We provide these links for your convenience, but we do not endorse external sites. When following links to other websites, we encourage you to examine the copyright, privacy and disclaimer notices on those websites.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (‘Affiliate Link’) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Your use of third-party services is subject to their terms and conditions and privacy policies, as well as any fees they charge. If you are having any technical or other issues with your use of any such service, you should contact the third party provider directly.
Token Warnings
You may see Info Labels or Token Warnings while swapping and navigating throughout the site. These warnings are to alert you to the potentially heightened risk in trading these tokens.
Token Warnings are created using information from third-party data providers. Talisman does not guarantee their accuracy and makes no representations or warranties about their relevance or currentness. Data frequently is not available for all selected tokens, particularly newer or less popular tokens, and no tokens are reviewed for their quality, merits, or soundness as investments.
Our Tokens Warnings are not investment advice and should not be construed as such. They do not purport to be exhaustive as to all potential risks. Always conduct your own research about tokens before buying or selling them. All information is provided for informational purposes only and is not a recommendation of any investment strategy, nor it is a solicitation to buy or sell any token. By providing token information for your convenience, we do not make any investment recommendations to you. You alone are responsible for determining whether any transaction is appropriate based on your personal circumstances.
General Disclaimer
The information on the Services is for general information only. It should not be taken as constituting professional or financial advice from Talisman.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.
Our Services may rely on or utilise emerging technologies, such as blockchain networks, digital assets and decentralised finance services such as crowdloans and nomination pools. You acknowledge and accept the risks of these technologies. For example, crowdloans involve significant risk, including that the project may be aborted for any reason whatsoever. Before using our Services, you should do your own research into these risks and understand how to use and store digital assets. You represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems. In particular, you understand that we do not operate any blockchain protocol, communicate or execute protocol upgrades, or approve or process blockchain transactions on behalf of you. You further understand that blockchain protocols present their own risks of use, that supporting or participating in the protocol may result in losses if your participation violates certain protocol rules, that blockchain-based transactions are irreversible, that your private key and secret recovery phrase must be kept secret at all times, that Talisman will not store a backup of, nor will be able to discover or recover, your private key or secret recovery phrase, that digitally copying and storing your secret recovery phrase on a cloud storage system or other third party supported data storage, including your personal device, may increase the risk of loss or theft, and that you are solely responsible for any approvals or permissions you provide by cryptographically signing blockchain messages or transactions, especially those responding to solicitations and other prompts from third parties.
You should consider seeking independent legal, financial, taxation or other advice to check how the Services relates to your unique circumstances.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Talisman will not be liable for any special, indirect or consequential loss or damage (including reasonably foreseeable losses), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Services is at your own risk. Everything on the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Talisman make any express or implied representation or warranty about the Services or any content, product or service referred to on our Site or Wallet. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data or devices, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Site, the Wallet, or any Services (including third party content and services);
costs incurred as a result of you using the Services; and
the services or operation in respect to links which are provided for your convenience.
You acknowledge that there are inherent risks arising from the properties of blockchain networks and cryptocurrency. These include:
Any cryptocurrency token and the software, networks, protocols, systems and other technology (including, if applicable, any blockchain) used to administer, create, issue, transfer, cancel, use or transact in any cryptocurrency token (the Underlying Technology) may be vulnerable to attacks on its security, integrity or operation (Attacks), including attacks using computational power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology;
Any cryptocurrency token or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of a cryptocurrency token or blockchain;
Any cryptocurrency token may be cancelled, lost or double spent, or have its traded price otherwise diminished, due to forks, rollbacks, Attacks, changes to the functions, characteristics, operation, use and other properties of the cryptocurrency token or failure of the cryptocurrency token to operate as intended;
Talisman may not support related side chains or other Underlying Technology of cryptocurrency tokens that are based on a fork, enhancement, or derivative of a different cryptocurrency token or Underlying Technology, even if such is based on a cryptocurrency token that is supported by Talisman;
Any cryptocurrency token(s) may be lost if sent to the wrong address (including, but not limited to, if the address is improperly formatted, contains errors, is transferred to the incorrect network address, or is intended to be used for a different type of cryptocurrency token); and
Digital assets present market volatility risk, technical software risks, regulatory risks, and cybersecurity risks. You understand that the cost and speed of a blockchain-based system is variable, that cost may increase dramatically at any time, and that cost and speed is not within the capability of talisman to control. You understand that protocol upgrades may inadvertently contain bugs or security vulnerabilities that may result in loss of functionality and ultimately funds.
By using the Services, Site or Wallet, or any other service provided to you by Talisman, you agree to disclaim Talisman of all liability in relation to all risks outlined in these Terms.
We may, at our sole discretion, provide a remedy or compensation for lost tokens, data loss and major failures in performance as a result of failures in the Site or Wallet. However, nothing under these terms entitle you to such a remedy and any decision to provide compensation is at our sole discretion on a case by case basis.
We may, at our sole discretion, provide you with any reward or benefit from use of the Services. However, nothing under these terms entitles you to such a reward or benefit and any decision to provide a reward or benefit is at our sole discretion.
Staking Services
When you hold supported cryptocurrency assets in the Wallet, you may be given the option to ‘stake’ on your own behalf these assists in a third party proof-of-stake network. You may choose to stake your assets by delegating to a Talisman operated staking pool, or to a third-party staking provider (which includes nomination pools, validator nodes and other similar staking services). If you choose to stake your assets with a third-party staking provider then such staking is subject to the third party’s staking terms and conditions. Talisman does not provide any advice or make any recommendations about engaging in staking or choosing a validator. Your choice to participate in staking and which method to do so are entirely your own. Talisman reserves the right to modify the list of referenced staking providers at any time without prior notice.
You understand and agree that the delegation of staking rights to a third party staking provider listed in the Wallet does not grant to your benefit any right to request payment of any kind, but merely a potential right to share a reward received by the third party staking provider. If you stake your assets through a delegated validator node, you will be acting as a transaction validator on the applicable Proof-of-Stake (POS) network. If the designated validator node successfully validates a block of transactions in that network, you may receive staking rewards granted by such network and Talisman will receive a flat service fee (at the rate indicated either on the Site). Your reward will be determined by the protocols of the applicable network. Please be aware that some proof-of-stake networks require that a certain amount of staked assets be “locked” (restricted from any use, sale or transfer) for a certain period of time while staking.
Talisman operates non-custodial services, including staking, meaning we do not have access to the security key that permits you to access the funds you have staked and any rewards you have earned. We are not able to take custody of your rewards or assets. You acknowledge that you, and not Talisman, are responsible for safeguarding the security key that controls access to your staked tokens and your rewards.
Staking is provided “as is”. Talisman is not responsible in any way for any failure by any supported blockchain network to transfer rewards (including any risks of “slashing”) or for the loss, destruction, or transfer of rewards to the incorrect wallet address. Talisman does not guarantee uninterrupted or error-free operation of the staking services or that it will correct all defects or prevent third-party disruptions or unauthorized third party access.
You may un-stake or stop using the services at any time. Depending on the protocol and the provider withdrawal processing queue, which Talisman does not control, the unstaking process may take hours or even days to complete. Any expected unstaking periods are estimates only. You may have to complete additional steps to claim your rewards depending on the third party service provider that is supporting the protocols you chose to use. Talisman may suspend or terminate this staking offering for any reason in its sole discretion and is under no obligation to disclose the details of its decision to take such action with you, but if Talisman does so, Talisman will not itself inhibit access to your staked tokens or to any rewards you have earned, but we take no responsibility for any third party service provider or any third party protocol.
Talisman does not guarantee that you will receive staking rewards or any staking reward rates. Successful transfer of the rewards is subject to the proof-of-stake networks and is not under Talisman’s control. Reward rates are determined by the underlying protocols and not by Talisman and may fluctuate, including because the underlying services generating rewards are performed improperly.
Limitation of Liability
Talisman's total liability arising out of or in connection with the Services, Site, Wallet or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed:
Where a fee has not been paid, $100 USD; or
Where a fee has been paid, the cost of any fees paid to us for your use of the Services.
You expressly understand and agree that Talisman, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You will defend, indemnify and hold harmless us, our affiliates and licensors, and each of their respective employees, officers and directors from and against any losses arising out of or relating to any claim concerning a breach of these Terms or violation of applicable law by you. You will reimburse us for reasonable attorney’s fees and expenses associated with the above described claims.
Termination
Subject to local applicable laws, Talisman reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Talisman's name or reputation or violates the rights of those of another party.
We may, at any time and without notice, discontinue the Services (in whole or in part).
Indemnity
You agree to indemnify Talisman, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your conduct in connection with the Services;
any liability incurred, suffered or arising out of or in connection with any claim by a person that any of Your Data infringes the intellectual property rights of any person;
any direct or indirect consequences of you accessing, using or transacting on the Services or attempts to do so; and/or
any breach of the Terms.
Governing Law and Jurisdiction
The Terms are governed by the laws of Cayman Islands. In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Cayman Islands.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Contact Us
If you have any questions about our Services or would like to make a complaint, please contact us at [email protected].
Last updated: 18 October 2024
Last updated