LAST UPDATE 24.12.2022
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 subscription hybrid software / consultancy Service (the "Watchdog Service", "Service") over supported EVM-based blockchain protocols. The Service combines static program analysis, dynamic monitoring and (human) security auditor inspection. If a vulnerability is detected through the service during your subscription period, Dedaub will periodically investigate (according to the selected Service level), and notify the subscriber via the application's notification system.
Prior to giving You access to the Watchdog Service, Dedaub may ask You for cryptographic proof that You are a member of a Protocol's development team, and that your Protocol (the "Protocol") is not an unmodified fork of another well-known Protocol. All Service levels includes best-effort support for configuring Watchdog to work with your Protocol (the "Protocol", the "Smart Contracts").
The security analyses provided through Watchdog are designed to find security weaknesses in your Smart Contracts. Some of these analyses may detect potential for malicious use of the contracts, for instance, potential cryptoeconomic weaknesses (e.g., price manipulation or forced unprofitable exchanges). The Service, however, does not ensure the correctness of the 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.
Installing and maintaining a smart contract security monitoring service for your selected protocol running on a supported EVM-based chain;
Monitoring and maintaining operational capacity, in line with the agreed Service level, to search for vulnerabilities in these protocols, based on these warnings;
Providing a quarterly report about the activities carried out and warnings inspected.
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.
Use our Services to exploit or harm in any way third party protocols that are being monitored;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user's account without authorization;
Access or use the Services for the benefit of a direct competitor of Dedaub or access the Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
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.
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.
for any direct, indirect, special or consequential loss; or
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.
These limitations of liability apply even if you have been expressly advised of the potential loss.
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.
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.
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.
Updates to The Agreement: We periodically update the terms of this Agreement. If you have an active Dedaub account, we will notify you of updates via an email or a notification on the Dedaub platform. Unless the notice states otherwise, the updated terms of this Agreement will become effective and binding on the next business day after it is posted.
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.
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.
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.
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.
