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Terms of Service - Watchdog

LAST UPDATE 03.02.2022

Dedaub's Terms of Service (the “Agreement”) are a legal agreement between You as the Client and Dedaub Ltd. (“Dedaub”, “We”, “Us” and “Our”), a private limited liability company registered under the Laws of Malta with company number C99606. By using our services, you agree to be bound by these terms of service and all terms incorporated by reference.

Dedaub provides a watchdog service over Ethereum blockchain protocols, which combines static program analysis, dynamic monitoring and human inspection, which is billed monthly on a subscription basis. If a vulnerability is detected through the service during your subscription period, Dedaub will investigate further, and contact you and the appropriate project team for the protocol.

The scope of Dedaub’s analyses are specifically security considerations. The watchdog service is aimed at detecting the potential for malicious use of the contracts, and on cryptoeconomic considerations (e.g., price manipulation or forced unprofitable exchanges), and not on ensuring correctness of business logic.

There are important terms provided below including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate disputes. Please take the time to read these terms of service carefully. You can always contact us at legal@dedaub.com if you have any questions.

  1. Service scope:
    1. Installing and maintaining a smart contract security monitoring service for your selected DeFi protocol running on the Ethereum blockchain.

    2. Monitoring and maintaining operational capacity to search for vulnerabilities in these protocols, based on these warnings.

    3. Providing a brief quarterly report about the activities carried out and warnings inspected.

    4. The service is only offered for EVM-based chains. Ethereum mainnet (chain id: 1) enjoys the highest level of support of our service.

  2. Assumption of Risk: You fully understand: (a) that there are inherent risks associated with blockchain-based software systems, and that (b) additional risks to the Services and blockchain-based technologies may be present as a result of advances in code-cracking or technical advances, such as novel flaws identified in cryptography. You acknowledge that these risks could result in the loss or theft of crypto tokens or property.

  3. Acceptable Use: When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not.
    1. Use our Services to exploit or harm in any way third party protocols that are being monitored;

    2. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;

    3. Use or attempt to use another user's account without authorization;

    4. Encourage or induce any third party to engage in any of the activities prohibited under this Section.

  4. Indemnification: You shall defend, indemnify, and hold harmless Dedaub (and each of our officers, directors, members, employees, agents and affiliates) from any claims, damages, proceedings, costs and expenses resulting from any breach of any representations, warranties, covenants or agreements of the Client in this Agreement or at law.

  5. Limitations:
    1. The Dedaub Watchdog service does not provide a warranty on the security and/or functionality of the systems and you assume any risks and losses, and you declare not to hold Dedaub liable to any degree for any loss of whatever nature, irrespective of the services which may have been provided by Dedaub.

    2. Dedaub will not be liable to you (whether under the law of contact, the law of tort or otherwise) in relation to the service provided:
      1. for any direct, indirect, special or consequential loss; or

      2. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss of cryptocurrency/tokens/NFTs or data or any other loss, or any other damages in general.

      3. These limitations of liability apply even if you have been expressly advised of the potential loss.

    3. Dedaub and any of its directors, officers, employees and contractors, will not be liable to you except by reason of acts constituting bad faith of Dedaub or wilful misconduct or reckless disregard of our duties. The Parties hereto recognise, covenant, agree and accept that the effectiveness of the Services are not guaranteed or warranted by Dedaub in any respect whatsoever.

    4. In any event, Dedaub’s total maximum aggregate liability under this Agreement shall not exceed the fees paid to Dedaub over the last 12 months.

  6. Relationship of the Parties: Nothing contained in this Agreement shall be interpreted or construed to create a partnership, agency, single employer, joint employer or any other type of employment relationship between the parties hereto, or to impose liability attributable to such relationship upon either party. Neither party will have any right, power or authority to enter into any agreement on behalf of, to incur any obligation or liability of, or to otherwise bind the other party.

  7. Prices: Prices and fees include all taxes levied by Malta but exclude taxes levied in your jurisdiction. For cryptocurrency payments (if any), the value of any cryptocurrency for the purposes of payment fulfillment will be the value in USD at NYSE closing time (4 PM EST/EDT) on the day prior to the due date (as provided at https://messari.io/) on the issued invoice.

  8. Severability: If any of the provisions or portions thereof of this Agreement are found to be invalid under the applicable law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and any such provision or portion thereof shall be deemed omitted.

  9. Survival: Rights and obligations under this Agreement which by their nature are intended to survive termination, including without limitation the indemnification and liability limitations provisions set forth in this Agreement, shall remain in full effect after termination or expiration of the Agreement.

  10. Governing Law and Arbitration: This Agreement is governed by and construed in accordance with the laws of Malta. Any dispute, controversy or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach or termination thereof, shall be finally settled by arbitration in accordance with the provisions of Part IV (“Domestic Arbitration”) of the Arbitration Act (Chapter 387 of the Laws of Malta) and the Arbitration Rules made thereunder, as in force on the date of commencement of the relevant dispute.