# Introduction
**Ember Protocol** is a unified vault platform that tokenizes any yield or fund strategy - *crypto or real world* - across DeFi, CeFi, and Web2. It's the first Structured Vaults Product on Sui, incubated by Bluewater Labs, offering a suite of non-custodial, permissionless vaults managed by top-tier curators in Web3, running strategies to unlock the highest risk-adjusted returns for users.
* **Everything Vault Layer:** Vaultify any strategy with a single share-price model; supports both permissioned (KYC) and permissionless setups.
* **Crosschain:** Strategies run crosschain, deposits currently available on Sui (and very soon on Solana and EVM)
* **Three Layers:**
1. **DeFi** – best-performing on-chain yield vaults and market-making strategies.
2. **CeFi** – tokenized private credit and fund portfolios with transparent NAVs.
3. **Web2** – yield integration for neobanks, fintechs, and asset managers.
The vision for Ember Protocol is to create a unified Liquidity Layer, designed to pull yield from several ecosystems and democratize accessibility for all Web3 users. One vault platform powering all strategies,
one liquidity layer connecting Web2 and Web3
and one brand driving the next wave of tokenized assets. Just deposit and forget!
# Vault Managers
Ember Protocol works with the top risk curators in Web3, with proven track records, offering the best fund management experience and risk-adjusted returns for users.
# Core Concepts
Ember Vaults are structured yield products that let users deposit assets into a vault and receive **receipt tokens** (shares) in return. The vaults are designed to support simple-click deposits, for the best-in-class single-asset yields curated by leading [risk managers](/ember-protocol/vault-managers).
### Yield Generation through your vault shares
Overall, the yield accrual is all based on the receipt tokens (Share Price of the vault).
* **Deposits:** When a user deposits a supported token (the **deposit coin**), the vault mints a corresponding amount of **receipt coins**. Initially, the exchange rate between deposit and receipt coins is **1:1**. For example, depositing 100 USDC into a new vault would mint 100 eUSDC (receipt tokens) back to the user.
* **Yield Accrual:** Vault curators deploy the pooled deposits into various yield-generating strategies (DeFi, Cross-Chain, CeFi, etc.). As the vault generates yield, the total value of assets in the vault grows. Instead of the receipt coin balance increasing, the **exchange rate** between receipt coins and deposit coins rises over time.
***Example***:
* At time of deposit: `1 receipt token = 1 deposit coin`
* After strategies earn yield: `1 receipt token = 1.05 deposit coins`
This design means users do not need to actively claim yield. Their **receipt coins become progressively more valuable** as the vault grows.
* **Redemptions:** To withdraw, users redeem their receipt tokens back to the vault. Based on the current exchange rate, they receive more deposit coins than they initially deposited. For example, redeeming 100 receipt tokens after growth may return 105 USDC.
### Composability of your receipt tokens
Once a user has his shares, he can also supply them on Lending markets for composable yield generation. At this moment, the shares will stop showing on the user's available token balances in their wallet, since they are deployed in another protocol. However, the Yield generation is still happening on both the receipt tokens (since their share price is increasing) and the Lending platform.
### **Fee Structure in Ember Vaults**
Ember Vaults offer a simple yet powerful fee model that allows Curators to monetize their strategies while maintaining full transparency for users. Fees are embedded directly into the vault share price (the **vault exchange rate**) which is updated periodically based on real portfolio performance.
Unlike systems that take fees by moving user funds, Ember's design ensures all fees are reflected through the vault's net asset value (NAV), keeping user deposits intact and maintaining accurate accounting across diverse DeFi, CeFi, and cross-chain strategies.
***
#### **Performance Fee**
The performance fee allows Curators to earn a share of the profits generated by their strategy.
**Fee Rate:**\
A percentage of positive performance, calculated using the strategy's real underlying returns (tracked through the on-chain NAV), then applied on-chain through the vault's rate update.
**When It Applies:**
* Only during periods of positive performance — Curators do not earn performance fees when the vault is flat or negative.
* Performance Fees are constantly baked into the share price but collected at the end of every month.
**Control:**
* The Curator sets the performance fee percentage.
* Displayed transparently in the vault's fee configuration.
***
#### **Management Fee**
The management fee provides Curators with recurring revenue for maintaining and executing their strategy.
**Fee Rate:**\
Charged as an annualized percentage of assets under management (AUM), accrued continuously and reflected in the vault's share price.
**Control:**
* The Curator sets the management fee percentage.
* Displayed transparently in the vault's fee configuration.
***
#### **How Fees Are Applied**
Ember uses a **vault rate mechanism** (following ERC-4626 principles) to ensure that fees are applied cleanly and fairly:
1. The Curator's strategy performance is tracked off-chain using real portfolio data tracked on-chain and available to users on the vault UI.
2. At defined intervals, the Curator's operator updates the vault rate on-chain.
3. Management and performance fees are already embedded in this updated rate.
4. No user funds are moved — the share price simply reflects fees and performance.
This design ensures:
* Main depositor remains fully intact
* Fees only come from yield, not user deposits
* Accurate NAV accounting across chains and protocols
* Consistent and predictable UX for depositors
***
#### **Key Benefits of Ember's Fee Model**
* **Simple for users** : Fees are baked into the vault return, no surprise deductions.
* **Flexible for Curators** : Works seamlessly with DeFi, CeFi, AMMs, derivatives, and cross-chain strategies.
* **Transparent** : All fee parameters are visible in the vault UI.
* **ERC-4626-aligned** : Shares and rates operate like standard yield-bearing vaults for ease of integration.
# Tutorial
### **How to Deploy Capital**
1. Head over to and click on Launch App
2. Choose a Vault from the list of available strategies
3. Deposit your assets:
* Deposit directly into the selected vault.
* You’ll receive a **receipt token** that represents your shares of the vault (e.g. egUSDC, eSUI, eBTC)
4. **Composability**: Deploy your receipt tokens to Lending
* Supply that receipt token on **Bluefin Lending (**) - you’ll instantly unlock **up to 80%** of your deposited capital as borrowable liquidity.
5. **Loop for Maximum Yield**
* Borrow USDC agasint your egUSDC supply, and use the borrowed funds to redeposit and compound your exposure - enabling **leveraged yield** in a single ecosystem.
6. **Track & Realize Gains**
* Your vault yield is reflected in the **share price** of your position.
* When you withdraw, the difference in share price = your realized gain. For example: if you deposited $1,000,000 on Sept 28 at share price = 1.0040 and now on Oct 28 the share price = 1.0132, you are up to 1.0132/1.0040\*$1,000,000 = $1,009,163 (+0.92% in 30 days, +11.04% annualized). If you are supplying to lending looping, your return will be higher!
* The vaults are updated two times a week on Tuesday and Fridays, and the share price depends on the yield generated by the curator.
7. **Monitor Your Positions**
Switch to the positions tab to see how your positions are doing and to be able to manage them.
# Security
## Ember Security and Infrastructure
At Ember Protocol, every layer, from vault architecture to strategy management, is designed with continuous assurance in mind. Ember Protocol was co-incubated by teams that have built battle-tested infrastructure that manages over $700M in assets and have had zero security incidents in over 4 years of operating. Security at Ember begins with code and extends into process. Assurance is continuous, not point in time.
* Two independent full audits completed by OtterSec and Asymptotic (here’s the [audit](https://ember.so/documents/ember_protocol_audit.pdf))
* Formal verification in progress to mathematically prove key invariants (available mid-November)
* Continuous retainer partnerships with OtterSec and Asymptotic, meaning no new code ships without their review of pull requests.
* Active bug bounty partnership with HackenProof ([Bug Bounty](https://hackenproof.com/programs/ember-vaults-smart-contracts))
* Secure development lifecycle with mandatory peer review, automated invariant testing, and CI/CD integration.
This model replaces point-in-time audits with an active assurance loop. The same engineers and security teams stay engaged across the entire development lifecycle, ensuring every release inherits the context of the last.
We extend that philosophy beyond code through layered defence and containment. Risk is modelled across smart contract, market, integration, operational, and user domains, each with built-in circuit breakers that enforce limits, delay withdrawals, validate oracles, and trigger alerts. This creates mechanical containment: when anomalies occur, the system remains controlled, visible, and recoverable. Real-time monitoring through Guardrail ensures that every invariant and circuit breaker is continuously observed and acted upon, transforming potential threats into manageable events.
Finally, Ember curates what it connects to. Only audited, battle-tested protocols and proven institutional curators like MEV Capital and Gamma are approved. Transparency completes the loop: public audits, formal verification reports, live monitoring dashboards, verified builds, and an open bug bounty. Security at Ember is not promised; it’s proven, visible, and continuously verified.
# Legal
# Terms & Conditions
## Terms of Use
Last Updated Date: March 27, 2026
Please read this Terms of Use Agreement (the “Terms of Use”) carefully. The website located at and any related websites or subdomains of Ember Protocol Inc. or its affiliates or related entities (“Ember Protocol,” “we,” or “our”) that hosts or links to these Terms of Use (collectively, the “Website”) and the information on the Website are owned and controlled by Ember Protocol. These Terms of Use govern the use of the Website and applies to all users visiting the Website or using the Website in any way, including using any of Ember Protocol’s services, software, technology, or other resources available through or enabled via the Website (each including the Website, a “Service” and, collectively, the “Services”).
BY USING THE SERVICES, CONNECTING A DIGITAL WALLET TO THE WEBSITE, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT (DEFINED BELOW), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH EMBER PROTOCOL, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY (WHETHER OR NOT SUCH ENTITY IS FORMALLY INCORPORATED) YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
USE OF THE WEBSITE BY PERSONS WHO ARE CURRENTLY OR ORDINARILY LOCATED OR RESIDENTS IN THE UNITED STATES, IS STRICTLY PROHIBITED, REGARDLESS OF THE USER’S IP ADDRESS. USE OF THE WEBSITE BY PERSONS WHO ARE CURRENTLY OR ORDINARILY LOCATED OR RESIDENT IN THE UNITED STATES IS STRICTLY PROHIBITED, REGARDLESS OF THE USER’S IP ADDRESS. UTILIZING A VIRTUAL PRIVATE NETWORK OR OTHER METHOD TO CONCEAL A USER’S UNITED STATES RESIDENCE IS ALSO STRICTLY PROHIBITED AND MAY RESULT IN PERMANENT BLOCKING OF USE OF THE WEBSITE IN CONNECTION WITH BLOCKCHAIN ADDRESSES SUSPECTED OF BEING TIED TO A UNITED STATES OR UNITED KINGDOM RESIDENCE.
EMBER PROTOCOL IS NOT AN EXCHANGE, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, OR ADVISER. NEITHER EMBER PROTOCOL NOR OUR SERVICES GIVE, OFFER, OR RENDER INVESTMENT, TAX, OR LEGAL ADVICE.
THE WEBSITE AGGREGATES AND PUBLISHES PUBLICLY AVAILABLE INFORMATION RELATED TO CERTAIN SMART CONTRACT VAULTS (DEFINED BELOW) THAT HAVE BEEN DEPLOYED ON ETHEREUM VIRTUAL MACHINE COMPATIBLE BLOCKCHAINS AND ARE SELF-EXECUTING AND/OR MANAGED BY THIRD PARTY STRATEGY MANAGERS. THE WEBSITE ALSO ENABLES USERS TO INDICATE A TRANSACTION THAT THE USER WOULD LIKE TO PERFORM IN CONNECTION WITH THE VAULTS (SUCH AS DEPOSITING OR WITHDRAWING). WHEN USED THIS WAY, THE WEBSITE CAN GENERATE A DRAFT TRANSACTION MESSAGE WHICH THE USER CAN INDEPENDENTLY USE IN CONJUNCTION WITH A THIRD-PARTY WALLET APPLICATION OR DEVICE TO CONDUCT TRANSACTIONS WITH THE VAULTS
BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL. YOU ACKNOWLEDGE THAT THE VAULTS AND ANY OTHER TRANSACTIONS WITH DIGITAL ASSETS PERFORMED IN CONNECTION WITH THE SERVICES ARE NOT PROTECTED BY FEDERAL DEPOSIT INSURANCE CORPORATION OR THE SECURITIES INVESTOR PROTECTION CORPORATION.
The Service provides an interface that allows users of our Website (“Users”) to view publicly available information relating to the protocol (including all mainnet and testnet versions thereof, the “Protocol”). The Protocol comprises a system of open-source smart contracts that enable users to deposit and pool crypto assets in one or more smart contract-enabled vaults (each, a “Vault”) managed and controlled by third-party strategy managers (each, a “Strategy Manager”), who determine the terms by which assets in the applicable Vault may be lent to third parties as collateralized loans or deployed to other blockchain-based protocols. For the avoidance of doubt, the Protocol is not part of the Website and is not a Service made available by Ember Protocol under this Agreement. Ember Protocol has no obligation to monitor or control any use of the Protocol by third parties and/or any use of the Protocol that does not take place on or through the Website. Ember Protocol makes no representations or warranties about the functionality of the Protocol or the actions or omissions of any other users of the Protocol. All use of the Protocol is undertaken at your own risk, and Ember Protocol is not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of the Protocol. Notwithstanding anything to the contrary set forth herein, the terms of Section 12 of this Agreement apply, mutatis mutandis, to any claims arising out of your use of the Protocol.
PLEASE BE AWARE THAT SECTION 16 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST EMBER PROTOCOL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE BRITISH VIRGIN ISLANDS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
PLEASE BE AWARE THAT SECTION 4.4 (EMBER PROTOCOL COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY EMBER PROTOCOL IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Ember Protocol will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, we may notify you by email or by notification through the Services or through our social media channels. Any changes to the Agreement will be effective immediately for new users of the Website and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users. Ember Protocol may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1\. DESCRIPTION OF THE SERVICES. The Services include the Website and Services enabled thereby, as further defined and described below. There are important risks and limitations associated with the use of the Services as described below and elsewhere in these Terms of Use. Please read them carefully.
1.1 The Platform. Ember Protocol’s Services include access to its proprietary online platform enabled through the Website and supported documentation made available therewith, that allows Users to interact with the Protocol, including by connecting third-party digital wallets (each, a “Digital Wallet”, as further described below) to the Website and using the Website to assist in drafting transaction messages between such Digital Wallet and the Protocol. Users can use the Website to (i) aggregate and display publicly available information related to any crypto assets (“User Assets”) that exist on third-party blockchains compatible with the Services (each, a “Supported Blockchain”) that are associated with the applicable User’s Digital Wallet, and (ii) draft transaction massages which the User can independently use in conjunction with a Digital Wallet to send User Assets to Vaults in accordance with the technological and contractual parameters of the Protocol. User Asset visualizations may include graphs, projections, and other information about your User Assets (collectively, “User Asset Information”). Information that may be provided to you by the Website about your allocation of your User Assets and any Rewards (defined below) earned in connection therewith are all considered User Asset Information.
1.2 Your User Assets. You represent and warrant that (a) you own or have the authority to connect to the Digital Wallet from the third-party source of funds that you use to fund such Digital Wallet; (b) you own or have the authority to transfer any User Assets you transfer through the Services; (c) all User Assets you transfer in connection with the Services have been earned, received, or otherwise acquired by you in compliance with all applicable laws; and (d) no User Assets that you transfer in connection with the Services have been “mixed,” “tumbled” or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such User Assets.
1.3 Compatibility Risk. The Services may not be compatible with all forms of cryptocurrency, and certain of your User Assets may not be compatible with the Services. Whether or not a User Asset is then-currently compatible with the Services may change at any time, in Ember Protocol’s sole discretion, with or without notice to you.
1.4 Transfers of User Assets. By combining publicly available information with the User’s interactions with the Website, the Website can draft standard transaction messages that are designed to accomplish the User’s operational goals as expressed through the interactions with the Website. If the user so wishes, the User may broadcast such messages to the validator network for any Supported Blockchain in order to initiate a transaction of User Assets. All draft transaction messages are delivered by the Website via API to a Digital Wallet selected by the User after pressing the “Connect Wallet” (or similar) button on the Website. The User must personally review and authorize all transaction messages that the User wishes to execute; this requires the User to sign the relevant transaction message with a private cryptographic key inaccessible to the Website or Ember Protocol. The User-authorized message will then be broadcast to validators through the wallet Digital Wallet and the User may pay a Gas Fee to have the validators record the results of the transaction message on the Supported Blockchain—resulting in a transfer of User Assets. When you contribute User Assets to a Vault, and/or when you request to withdraw any User Assets from a Vault, there may be a delay between the initiation of the applicable transaction by you and the completion of such transaction. While Ember Protocol endeavors to effectuate all transfers as promptly as is reasonably possible, the exact timing and allocation of the transfer of your User Assets shall be determined in accordance with the rules applicable to that Vault, the Supported Blockchain and Ember Protocol’s then-current policies and procedures. You acknowledge and agree that Ember Protocol shall have no liability to you or any third party with respect to any losses arising from the timing of any transfer of User Assets. Ember Protocol and the Platform are not agents or intermediaries of the User, do not store or have access to or control over any User Assets, private keys, passwords, accounts or other property of the User, and are not capable of performing transactions or sending transaction messages on behalf of the User. All transactions relating to the Vaults are effected and recorded solely through the interactions of the User with the respective validators, who are not under the control of or affiliated with Ember Protocol or the Platform.
1.5 Rewards. Any Rewards that you receive in connection with your use of the Services to transfer User Assets to the Protocol (“Rewards”) are provided by the applicable Strategy Manager or by the Protocol, and unless otherwise set forth on the Services with respect to specific Rewards (“Ember Protocol Incentives”), such Rewards are not a payment from Ember Protocol to you. Except with respect to Ember Protocol Incentives, any Rewards you receive or do not receive is at the sole discretion of such Strategy Manager and/or the Protocol, and Ember Protocol shall have no obligation to you to facilitate any such Rewards payment and no liability to you in connection with any Rewards or your failure to receive the same. Ember Protocol does not guarantee any Rewards or other rewards (including without limitation Ember Protocol Incentives) on or in connection with your User Assets.
1.6 Taxes. You are solely responsible (and Ember Protocol has no responsibility) for determining what, if any, taxes apply to any transactions involving your User Assets, including your receipt of any Rewards.
2\. ELIGIBILITY; USER REPRESENTATIONS AND WARRANTIES.
2.1 Registering Your Account. The connection of your Digital Wallet to the Services will constitute your account (“Account”). Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Ember Protocol. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify Ember Protocol immediately of any unauthorized use of your Account or any other breach of security. You agree not to create an Account or use the Services if you have been previously removed by Ember Protocol, or if you have been previously banned from any of the Services.
2.2 Registration Data. When you register an Account or otherwise access or use the Services in any way, you agree to (a) provide true, accurate, current and complete information about yourself as may be prompted by the Services from time to time (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree that our obligation to provide you with any Services is conditioned on the Registration Data being accurate and complete at all times during the term of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ember Protocol has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Ember Protocol has the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof). You agree not to use the Services if you have been previously removed by Ember Protocol, or if you have been previously banned from any of the Services.
2.3 Eligibility. You represent and warrant that:
(a) You are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Services under the laws of the British Virgin Islands, your place of residence or any other applicable jurisdiction. The Services are not offered or made available to U.S. residents. If you are acting on behalf of a DAO or other entity, whether or not such entity is formally incorporated under the laws of your jurisdiction, you represent and warrant that you have all right and authority necessary to act on behalf of such entity;
(b) None of (i) you; (ii) any affiliate of any entity on behalf of which you are entering into this Agreement; (iii) any other person having a beneficial interest in any entity on behalf of which you are entering into this Agreement (or in any affiliate thereof); or (iv) any person for whom you are acting as an agent or nominee in connection with this Agreement is (A) a country, territory, entity or individual named on an OFAC list as provided at , or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure. There is no legal proceeding pending that relates to your activities relating to buying, selling, staking, or otherwise using cryptocurrency or any other token- or digital asset- trading or blockchain technology related activities;
(c) You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token-trading activities, and no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to cryptocurrency.
2.4 Digital Wallets. In connection with certain features of the Services you will need connect a Digital Wallet owned or controlled by you. Access to and use of a Digital Wallet is subject to additional terms and conditions between you and the provider of such Digital Wallet. Please note that if a Digital Wallet or associated service becomes unavailable then you should not attempt to use such Digital Wallet in connection with the Services, and we disclaim all liability in connection with the foregoing, including without limitation any inability to access any User Assets you have sent to or stored in such Digital Wallet or transferred to a Vault from such Digital Wallet. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR DIGITAL WALLET IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND EMBER PROTOCOL DISCLAIMS ANY LIABILITY FOR INFORMATION THAT MAY BE PROVIDED TO IT OR USER ASSETS THAT MAY BE TRANSFERRED TO THE PROTOCOL BY OR THROUGH SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE SETTINGS THAT YOU HAVE SET IN SUCH DIGITAL WALLETS. Access to your Digital Wallet may require the use of a private key or passphrase (“Private Key”) and Ember Protocol has no ability to access your Digital Wallet without your involvement and authority. Your Private Key is unique to you, and shall be maintained by you. If you lose your Private Key, you may lose access to your Digital Wallet and any contents thereof. Ember Protocol does not have the ability to recover a lost Private Key. While a Digital Wallet may be interoperable with other compatible blockchain platforms, tokens, or services, only User Assets supported by Ember Protocol that are stored in your Digital Wallet will be accessible through the Services.
2.5 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computer system or mobile device that is suitable to connect with and use the Services as applicable. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
3\. Your Assumption of Risk.
3.1 When you use the Services, you understand and acknowledge that Ember Protocol is not a financial OR INVESTMENT advisor and that the Services ENTAIL A RISK OF LOSS AND may not meet your needs. The Services provided by Ember Protocol rely on Supported Blockchains, which may not be reliable, consistent or dependent in all scenarios. Ember Protocol may not be able to foresee or anticipate technical or other difficulties that may result in data loss or other service interruptions. Ember Protocol encourages you to periodically confirm the valuation of your User Assets and the accuracy of any User Asset Information through independent sources. Ember Protocol does not and cannot make any guarantee that your User Assets will earn any Rewards or that your User Assets will not lose value. The prices of cryptocurrency assets can be extremely volatile. Ember Protocol makes no warranties as to the markets in which your User Assets are staked, transferred, purchased, or traded.
3.2 You understand that like any other software, the Platform, the Protocol, and the Services could be at risk of third-party malware, hacks or cybersecurity breaches. You agree that it is your responsibility to monitor your User Assets regularly and confirm their proper use and deployment consistent with your intentions.
3.3 In order to be successfully completed, any transaction involving your User Assets initiated by or sent to your Digital Wallet must be confirmed by and recorded on the applicable Supported Blockchain or Protocol. Ember Protocol has no control over any Supported Blockchain, and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant Supported Blockchain or Protocol, and Ember Protocol does not have the ability to execute any transactions or facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through your Digital Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Digital Wallet, to the maximum extent permitted by law. You further accept and acknowledge the following:
(a) You represent and warrant that you (i) have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Protocol and your Digital Wallet; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of your Digital Wallet and the Protocol; (iii) know, understand, and accept the risks associated with your Digital Wallet and the Protocol; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services. You further agree that Ember Protocol will have no responsibility or liability for such risks.
(b) There are risks associated with using digital assets, including but not limited to, hardware, software, and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet; the risks of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable; and the risk that such digital assets may fluctuate in value. You accept and acknowledge that Ember Protocol will not be responsible for any communication failures, disruptions, errors, distortions, delays, or losses you may experience when using blockchain technology, however caused.
(c) The regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies, or new or different interpretations of existing regulations, may materially adversely affect the development of the Services and the value of your User Assets.
(d) Ember Protocol makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to your User Assets. You acknowledge and accept that the rules governing the operation of a Supported Blockchain may be subject to sudden changes that may materially alter such Supported Blockchain and affect the value and function of any of your User Assets.
(e) Ember Protocol makes no guarantee as to the security of the Protocol or any Supported Blockchain or Digital Wallet. Ember Protocol is not liable for any hacks, double spending, or any other attacks on the Protocol or any Supported Blockchain or Digital Wallet.
(f) For the avoidance of doubt, Ember Protocol does not own or control any Supported Blockchain. Any Supported Blockchain may slash or otherwise impose penalties on certain validators in response to any activity not condoned by such Supported Blockchain. You acknowledge and agree that Ember Protocol shall have no liability in connection with any such slashing or penalties, including any slashing or penalties that result in a loss or depreciation of value of your User Assets.
(g) The Supported Blockchains are controlled by third parties, and Ember Protocol is not responsible for their performance nor any risks associated with the use thereof. The Services rely on, and Ember Protocol makes no guarantee or warranties as to the functionality of or access to, any Supported Blockchain, Digital Wallet, or Third-Party Service.
(h) You control your Digital Wallet, and Ember Protocol is not responsible for its performance, nor any risks associated with the use thereof.
4\. USE OF THE SERVICES.
4.1 License to the Services. Subject to the Agreement, Ember Protocol grants you a limited license to access and use the Services solely as described hereunder. Unless otherwise specified by Ember Protocol in a separate license, your right to use any and all Services is subject to this Agreement. You acknowledge and agree that nothing set forth herein shall be construed as a sale of any ownership interest in or to the Services or any intellectual property rights associated therewith.
4.2 Updates. You understand that Services are evolving. You acknowledge and agree that Ember Protocol may update Services with or without notifying you. You may need to update third-party software from time to time in order to use Services.
4.3 Certain Restrictions. The Services are intended for your internal use only. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services, including the Website; (b) you shall not frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Ember Protocol; (c) you shall not use any metatags or other “hidden text” using Ember Protocol’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, and data mining tools) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update, or other addition to the Services shall be subject to the Agreement. Ember Protocol, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Services may terminate the licenses granted by Ember Protocol pursuant to the Agreement.
4.4 Ember Protocol Communications. By entering into this Agreement or using the Services, you agree to receive communications from us. Communications from us and our affiliated companies may include but are not limited to operational communications concerning your use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by Ember Protocol or our third-party partners, and news concerning Ember Protocol and industry developments.
4.5 Third-Party Services. Certain features of the Services may rely on third-party websites, services, technology, or applications accessible or otherwise connected to the Services but not provided by Ember Protocol, including without limitation any Supported Blockchain, the Protocol, any validator on such Supported Blockchain, our third-party identity verification providers, and your Digital Wallet (each, a “Third-Party Service” and, collectively, “Third-Party Services”). Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that (i) Ember Protocol shall not be liable for any damages, liabilities, or other harms in connection with your use of and/or any inability to access the Third-Party Services; and (ii) Ember Protocol shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of Third-Party Services or any other circumstances beyond Ember Protocol’s control, including without limitation the failure of a Supported Blockchain or other Third-Party Service.
5\. RESPONSIBILITY FOR CONTENT. You acknowledge that all data, information, and other content (“Content”) within the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Ember Protocol, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through any Services (“Your Content”).
6\. OWNERSHIP.
6.1 Services. Except with respect to Your Content, you agree that as between you and Ember Protocol, Ember Protocol and its suppliers own all rights, title, and interest in the Services, including but not limited to, any software, computer code, algorithms, technology, themes, objects, concepts, artwork, animations, sounds, methods of operation, and documentation, as well as all intellectual and proprietary rights related thereto. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
6.2 Trademarks. Ember Protocol’s stylized name and all related graphics, logos, service marks, and trade names used on or in connection with any Services, or in connection with the Services, are the trademarks of Ember Protocol and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.
6.3 Your Content. You grant Ember Protocol a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of (i) operating and providing Services to you; (ii) improving the Services; and (iii) developing new products and services; and you represent that you own or otherwise have all rights in and to Your Content necessary to grant the foregoing licenses. You agree that you, not Ember Protocol, are responsible for all of Your Content that you make available on or in Services.
6.4 Feedback. You agree that the submission of any ideas, suggestions, documents, and/or proposals to Ember Protocol through its suggestion, feedback, wiki, Discord channel, forum, or other pages or means (“Feedback”) is at your own risk and that Ember Protocol has no obligations (including without limitation obligations of confidentiality and compensation) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Ember Protocol a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or Ember Protocol’s business.
7\. USER CONDUCT.
You agree that you are solely responsible for your conduct in connection with the Services. You agree that you will abide by this Agreement and will not (and will not attempt to) (a) provide false or misleading information to Ember Protocol; (b) use or attempt to use another User’s Digital Wallet; (c) impersonate another person or entity; (d) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (e) develop, use, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services; (f) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; (g) attempt to circumvent any content-filtering techniques we employ; (h) collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; (i) use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); (j) bypass or ignore instructions that control all automated access to the Services; (k) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (m) carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services; (n) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering,” fraudulent, deceptive, or manipulative trading activities, including (i) trading User Assets at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such User Asset, unduly or improperly influencing the market price for such User Asset or establishing a price that does not reflect the true state of the market in such User Asset; (ii) for the purpose of creating or inducing a false or misleading appearance of activity in a User Asset or creating or inducing a false or misleading appearance with respect to the market in a User Asset (Y) executing or causing the execution of any transaction in a User Asset that involves no material change in the beneficial ownership thereof; or (Z) entering any order for the purchase or sale of a User Asset with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such User Asset, has been or will be entered by or for the same or different parties; or (iii) participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate, or joint account organized for the purpose of unfairly or deceptively influencing the market price of a User Asset; (o) use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings, or other similar transactions except in strict compliance with applicable law; (p) use the Services to participate in fundraising for a business, protocol, or platform except in strict compliance with applicable law; (q) make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; or (r) attempt to access any Digital Wallet that you do not have the legal authority to access. Any unauthorized use of any Services terminates the licenses granted by Ember Protocol pursuant to the Agreement.
8\. FEES.
8.1 Fees. Access to certain Services may be free. However, Ember Protocol charges fees (“Fees”) in connection with your use of certain Services from time to time, including without limitation Fees based on the Rewards generated through use of the Protocol. All Fees and payment terms for such Fees are as indicated on the Service, and any payment obligations you incur are binding at the time of the applicable transaction. In the event that Ember Protocol makes available, and you elect to use, any Services in connection with which Ember Protocol charges Fees, you agree that Ember Protocol may deduct all such Fees from your Rewards at Ember Protocol’s then-current standard rates. You agree that all Fees are non-cancellable, non-refundable, and non-recoupable.
8.2 Gas Fees. To the extent applicable in connection with a particular Service, you will be solely responsible for ensuring that you have sufficient User Assets in your Digital Wallet to cover any Gas Fee required to complete any transaction or effect any other use of the Services. “Gas Fees” are transaction fees determined by market conditions on the applicable Supported Blockchain, and are not determined, set, or charged by Ember Protocol.
8.3 Taxes. You are responsible for all federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties arising out of the Agreement or the transactions contemplated by the Agreement (other than taxes based on Ember Protocol’s net income).
8.4 Promotions. Ember Protocol may from time to time make available certain conditional offers, airdrops, promotional prices, or discounted fees (each, a “Promotion”) to new or existing users of the Services. The rules governing such Promotion will be made available in connection with such Promotion. Ember Protocol will determine your eligibility for any Promotion in its sole discretion and may change the terms of or terminate a Promotion at any time, with or without notice to you.
8.5 Currency. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay any Fees. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, will impact or excuse your obligations with respect to any purchase.
8.6 Payment Processing Services. Ember Protocol may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions.
9\. Indemnification.
You agree to indemnify and hold Ember Protocol, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, an “Ember Protocol Party” and collectively, the “Ember Protocol Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any of the following: (a) Your Content; (b) your use of, or inability to use, any Services; (c) your violation of the Agreement, including any of your representations or warranties hereunder; (d) your violation of any rights of another party, including any Users; (e) your failure to provide accurate or complete data in connection with your use of the Services; (f) your violation of any applicable laws, rules or regulations; or your use of, or inability to use, the Protocol. Ember Protocol reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ember Protocol in asserting any available defenses. This provision does not require you to indemnify any of the Ember Protocol Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation, or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to Services.
10\. RELEASE
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE EMBER PROTOCOL PARTIES FROM ANY LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES OR PROTOCOL, INCLUDING ANY DIMUNITION OF VALUE TO OR LOSS OR THEFT OF ANY USER ASSETS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.
To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits that you have or may have under California Civil Code Section 1542, which states “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge that the releases in these Terms of Use are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.
11\. DISCLAIMER OF WARRANTIES AND CONDITIONS.
11.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EMBER PROTOCOL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. THE EMBER PROTOCOL PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL FUNCTION AS INTENDED OR BE SUITABLE FOR YOUR PURPOSES, AND YOU BEAR ALL RISK ASSOCIATED WITH ANY USER ASSETS THAT YOU USE IN CONNECTION THEREWITH.
(a) EMBER PROTOCOL PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. EMBER PROTOCOL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROTOCOL OR YOUR USE OF THE SAME. THE EMBER PROTOCOL PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL BE FREE OF THIRD-PARTY MALWARE, HACKS OR OTHER CYBSECURITY BREACHES.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS THEREFROM.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. EMBER PROTOCOL MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, AND REPUTATION OF THE SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMBER PROTOCOL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11.2 From time to time, Ember Protocol may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Ember Protocol’s sole discretion. The provisions of this section apply with full force to such features or tools.
11.3 EMBER PROTOCOL IS NOT A BANK, LENDER, BROKER, OR INVESTMENT ADVISOR. NEITHER EMBER PROTOCOL NOR ITS SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, OR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES OR THE PROTOCOL. NEITHER EMBER PROTOCOL NOR ITS SUPPLIERS OR LICENSORS SHALL BE CONSIDERED AN “EXPERT” UNDER THE APPLICABLE SECURITIES LEGISLATION IN YOUR JURISDICTION. NEITHER EMBER PROTOCOL NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THIS WEBSITE COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE REGULATORY AUTHORITY, SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
11.4 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT EMBER PROTOCOL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EMBER PROTOCOL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING STRATEGY MANAGERS, THE PROTOCOL, EXTERNAL SITES, AND SUPPORTED BLOCKCHAINS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. EMBER PROTOCOL SHALL BE UNDER NO OBLIGATION TO INQUIRE INTO AND SHALL NOT BE LIABLE FOR ANY DAMAGES, OTHER LIABILITIES OR HARM TO ANY PERSON OR ENTITY RELATING TO ANY LOSSES, DELAYS, FAILURES, ERRORS, INTERRUPTIONS, OR LOSS OF DATA OCCURRING DIRECTLY OR INDIRECTLY BY REASON OF CIRCUMSTANCES BEYOND EMBER PROTOCOL’S CONTROL, INCLUDING WITHOUT LIMITATION THROUGH THE TRANSFER OF USER ASSETS TO ANY SUPPORTED BLOCKCHAIN IN CONNECTION WITH THE SERVICES.
11.5 No Liability in Connection with Open-Source Software. Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that any content, software, or services you access under the terms of an open-source license is at your own risk, and Ember Protocol shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances outside beyond Ember Protocol’s control, including without limitation through your use of any content, software, or services under the terms of an open-source license.
11.6 No Liability for Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Ember Protocol to monitor such materials and that you access these materials at your own risk.
12\. LIMITATION OF LIABILITY.
12.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL EMBER PROTOCOL PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT EMBER PROTOCOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR USE OF SERVICES OR ANY COMMUNICATIONS, INTERACTIONS OR EXCHANGES WITH OTHER USERS OF SERVICES OR THIRD PARTIES THAT INTERACT WITH THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM (a) LOSS OR DIMINISHMENT IN VALUE OF USER ASSETS; (b) THE USE OR INABILITY TO USE SERVICES; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUPPORTED BLOCKCHAIN; (f) ANY USE OF THE PROTOCOL; OR (g) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A EMBER PROTOCOL PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A EMBER PROTOCOL PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A EMBER PROTOCOL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
12.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, EMBER PROTOCOL PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES WHERE SUCH REMEDY OR PENALTY CANNOT BE WAIVED OR REDUCED PURSUANT TO THIS AGREEMENT. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A EMBER PROTOCOL PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A EMBER PROTOCOL PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A EMBER PROTOCOL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
12.3 User Content. EMBER PROTOCOL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MIS-DELIVERY OF OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
12.4 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12.5 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMBER PROTOCOL AND YOU.
13\. MONITORING AND ENFORCEMENT.
If Ember Protocol becomes aware of any possible violations by you of the Agreement, Ember Protocol reserves the right to investigate such violations. If, as a result of the investigation, Ember Protocol believes that criminal activity has occurred, Ember Protocol reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Ember Protocol is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including any information related to your Digital Wallet and other Registration Data, in Ember Protocol’s possession in connection with your use of Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Ember Protocol, its Users or the public, and all enforcement or other government officials, as Ember Protocol in its sole discretion believes to be necessary or appropriate.
14\. TERM AND TERMINATION.
14.1 Term. The Agreement commences on the date when you accept the Agreement (as described in the preamble above) and remain in full force and effect while you use Services, unless terminated earlier in accordance with the Agreement.
14.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.
14.3 Termination of Services by Ember Protocol. Ember Protocol reserves the right to terminate this Agreement and your access to the Services at any time, for any or for no reason, with or without notice to you.
14.4 Termination of Services by You. If you want to terminate the Services provided by Ember Protocol, you may do so by (a) notifying Ember Protocol at any time and (b) ceasing all further use of the Services. Your notice should be sent, in writing, to Ember Protocol’s address set forth below.
14.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services may also include deletion of Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Ember Protocol will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement that by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnification and limitation of liability.
14.6 No Subsequent Registration. If your ability to access the Services, is discontinued by Ember Protocol due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Services, and you acknowledge that you will not be entitled to receive a refund for any Fees related to those Services to which your access has been terminated.
15\. INTERNATIONAL USERS.
Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Ember Protocol intends to announce the availability of such Services or Content in your country. Services are controlled and offered by Ember Protocol from its facilities in Panama. Ember Protocol makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
16\. DISPUTE RESOLUTION. Please read this Section 16 (the “Arbitration Agreement”) carefully. It is part of your contract with Ember Protocol and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
16.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Ember Protocol agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services or the Terms of Use and prior versions of the Terms of Use, including claims and disputes that arose between you and Ember Protocol before the effective date of these Terms of Use (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that (1) you and Ember Protocol may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Ember Protocol may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior version of the Terms of Use as well as claims that may arise after the termination of these Terms of Use.
16.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Ember Protocol. If that occurs, Ember Protocol is committed to working with you to reach a reasonable resolution. You and Ember Protocol agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and Ember Protocol therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), Ember Protocol and you will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Ember Protocol that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to the contact information set forth below. The Notice must include the following: (1) your name, telephone number, mailing address, and e‐mail address; (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
16.3 Waiver of Jury Trial. YOU AND EMBER PROTOCOL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Ember Protocol are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
16.4 Waiver of Class and Other Non-Individualized Relief. YOU AND EMBER PROTOCOL AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 16.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Subsection 16.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Subsection 16.4 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Ember Protocol agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts of the British Virgin Islands. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Ember Protocol from participating in a class-wide settlement of claims.
16.5 Rules and Forum. If the Informal Dispute Resolution Conference process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Ember Protocol agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the Centro de Conciliación y Arbitraje de PanamáCentre (“CeCAP”). All disputes submitted to CeCAP will be resolved through confidential, binding arbitration before one arbitrator (the “Arbitrator”). The place of arbitration shall be Panama City, Panama, unless the parties agree otherwise and shall be conducted under CeCAP’s Arbitration Regulation (the “Rules”). The language to be used in the arbitral proceedings shall be English. The most recent version of theRules are available on the CeCAP website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and waive any claim that the Rules are unfair or should not apply for any reason. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration (if applicable) as well as the applicable Digital Wallet address; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Subject to the Rules, the Arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the CeCAP is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any CeCAP fees and costs will be solely as set forth in the applicable Rules. You and Ember Protocol agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
16.6 Arbitrator. The Arbitrator will be either a retired judge or an attorney licensed to practice law in Panama and will be selected by the parties from CeCAP’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within thirty-five (35) days of delivery of the Request, then CeCAP will appoint the Arbitrator in accordance with the Rules, provided that if the Batch Arbitration process under subsection 16.9 is triggered, CeCAP will appoint the Arbitrator for each batch.
16.7 Authority of Arbitrator. The Arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Subsection 16.4, including any claim that all or part of Subsection 16.4 is unenforceable, illegal, void or voidable, or that Subsection 16.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Subsection 16.9, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Subsection 16.9. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
16.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth under applicable laws). If you or Ember Protocol need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Conference process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
16.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Ember Protocol agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Ember Protocol by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), CeCAP shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise CeCAP, and CeCAP shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Ember Protocol. You and Ember Protocol agree to cooperate in good faith with CeCAP to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
16.10 Invalidity, Expiration. Except as provided in Subsection 16.4, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Ember Protocol as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
16.11 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
16.12 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Ember Protocol.
17\. GENERAL PROVISIONS.
17.1 Independent Contractors. The relationship of Ember Protocol and you under this Agreement is that of independent contractors. Notwithstanding anything else set forth herein, neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other. Your use of the Services shall not imply, suggest, or otherwise attempt to create an employment relationship between Ember Protocol and you.
17.2 Electronic Communications. The communications between you and Ember Protocol may take place via electronic means, whether you visit Services or send Ember Protocol e-mails, or whether Ember Protocol posts notices on Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Ember Protocol in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ember Protocol provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
17.3 Release. You hereby release Ember Protocol Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Services.
17.4 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Ember Protocol’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17.5 Force Majeure. Ember Protocol shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.6 Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to Services, please contact us at: . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, please let Ember Protocol know, so we can investigate further.
17.7 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Ember Protocol agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts of the British Virgin Islands.
17.8 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE BRITISH VIRGIN ISLANDS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
17.9 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.
17.10 Notice. Where Ember Protocol requires that you provide an e-mail address, you are responsible for providing Ember Protocol with your most current e-mail address. In the event that the last e-mail address you provided to Ember Protocol is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Ember Protocol’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Ember Protocol at the following address: Ricardo Arias Street, Advanced Tower,1st Floor, Panama City, Panama. Such notice shall be deemed given when received by Ember Protocol by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
17.11 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
17.12 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
17.13 Export Control. You may not use, export, import, or transfer Services except as authorized by the laws of the jurisdiction in which you obtained Services, and any other applicable laws.
17.14 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
# Privacy Policy
## Privacy Policy
Last Updated Date: September 26, 2025
This Privacy Policy ("Policy") describes how Ember Protocol Inc.("Ember Protocol," "we," "us" or "our") may collect, use and disclose information, and your choices regarding this information. Please read this Policy carefully and contact us with questions at <>.
### Applicability of This Policy
This Policy applies to our services, which include the services we provide on our platform, user interface to the Protocol or any other websites, pages, features, mobile applications, or content we own or operate (collectively, the "Sites") or when you use any Ember Protocol API or third party applications relying on such an API, and related services (collectively, the "Services"). If you do not agree with the terms of this Policy, do not access or use the Services, Sites, or any other aspect of our business.
### What We Collect
When you interact with our Services, we may collect:
* Contact Information, such as your email address.
* Financial Information, such as your Ethereum address, cryptocurrency wallet information, transaction history, and associated fees paid.
* Transaction Information, such as information about the transactions you make on our Services, such as the type of transaction, transaction amount, and timestamp.
* Correspondence, such as your feedback, questionnaire and other survey responses, and information you provide to our support teams, including via our help chat.
* Online Identifiers, such as geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or personal IP addresses.
* Usage Data, such as user preferences and other data collected via cookies and similar technologies.
* Information We Get from Others. We may get information about you from other sources as required or permitted by applicable law, including public databases, credit bureaus & ID verification partners. We may combine the information collected from these sources with the information we get from this Site in order to comply with our legal obligations and limit the use of our Services in connection with fraudulent or other illicit activities.
* Information from cookies and other tracking technologies. We, and third parties we authorize, may Sites and mobile apps, and collect information about the use of the Services, as well as about our interactions with you. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, and information about your interactions with the communications we send to you. We may combine this automatically collected log information with other information we collect about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of our Services may not function properly.
### How We Use
We use your information in accordance with your instructions, including any applicable terms in the Terms of Use, and as required by applicable law. We may also use the information we collect for:
#### Providing Services and Features
We may use the information we collect to provide, personalize, maintain, and improve our products and Services, including as we described in the Terms of Use. This includes using information to:
operate, maintain, customize, measure, and improve our Services, and manage our business; process transactions; send information, including confirmations, notices, updates, security alerts, and support and administrative messages; and to create de-identified or aggregated data.
#### Safety and Security
We may use your information to help maintain the safety, security, and integrity of you and our Services, including to:
* protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
* monitor and verify identity or service access, combat spam, malware or security risks;
* perform internal operations necessary to provide our Services, including to troubleshoot software bugs and operational problems;
* enforce our agreements with third parties, and address violations of our Terms of Use or agreements for other Services; and
* comply with applicable security laws and regulations.
#### User Support
We may use information we collect to provide support, including to:
direct questions to the appropriate support person; investigate and address user concerns; and monitor and improve our customer support responses and processes.
#### Research and Development
We may use the information we collect for testing, research, analysis, and product development to improve your experience. This helps us to improve and enhance the safety and security of our Services, improve our ability to prevent the use of our Services for illegal or improper purposes and develop new features and products relating to our Services.
#### Legal and Regulatory Compliance
We may verify your identity by comparing the personal information you provide against third-party databases and public records. We may use the information we collect to investigate or address claims or disputes relating to use of our Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
#### Direct Marketing
We may use the information we collect to market our Services to you. This may include sending you communications about our Services, features, promotions, surveys, news, updates, and events, and managing your participation in these promotions and events. If you do not want us to send you marketing communications, please opt out by selecting "unsubscribe" to any marketing email sent by us or by contacting us at <>.
### How We Share & Disclose Information
We may share your information in the following circumstances:
* With Your Consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
* To Comply with Our Legal Obligations. We may share your information: (A) to cooperate with government or regulatory investigations; (B) when we are compelled to do so by a subpoena, court order, or similar legal procedure; (C) when we believe in good faith that the disclosure of personal information is necessary to prevent harm to another person; (D) to report suspected illegal activity; or (E) to investigate violations of our User Agreement or any other applicable policies.
* With Service Providers. We may share your information with service providers who help facilitate business and compliance operations such as marketing and technology services. Our contracts require these service providers to only use your information in connection with the services they perform for us.
* During a Change to Our Business. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all of your information may be shared or transferred, subject to standard confidentiality arrangements.
* Aggregated or De-identified Data. We may share aggregated and/or anonymized data with others for their own uses.
### Data Retention
To view or update your information, contact us at . We store your information throughout the life of your use of the Protocol and retain your information for a minimum of five (5) years to comply with our legal obligations or to resolve disputes. If you cease using the Protocol, we will neither use your information for any further purposes, nor sell or share your information with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Policy.
### Security
We maintain administrative, technical and physical safeguards designed to protect the personal information we maintain against unauthorized access or disclosure. No system can be completely secure. Therefore, although we take steps to secure your information, we cannot guarantee that your information, searches, or other communication will always remain secure. You are responsible for all activity on the Protocol relating to any of your blockchain network addresses and/or cryptocurrency wallets.
### Your Rights
You have various rights in respect of the personal information that we collect, use, disclose and transfer concerning you. These rights are set out below. Should you wish to exercise your rights please contact us at .
Right of Access. You are entitled to obtain from us details concerning the processing of your personal information. This includes details of the data being processed, the purposes of the processing, any recipients of that information, the period for which the information is processed, the source of the information (if it is not provided by you), any international transfers of the information and the protections we put in place to protect your information. You are also entitled to details of any automated decision making, including profiling, involving your information. You are entitled to a copy of the personal information we process about you (including in electronic form). Additional copies may be subject to a reasonable administrative fee.
Right to Rectification. You are entitled to have any incomplete and inaccurate personal information held by us rectified.
Right to Erasure ("be forgotten"). In certain circumstances you are entitled to have personal information erased, including where this is no longer necessary for the purposes for which it was collected and/or processed; or you withdraw consent to our use of the information. We may continue processing the information in certain circumstances, including: if there are grounds other than consent for processing the information; where processing is in compliance with a legal obligation or for reasons of public interest; or for the exercise or defence of legal claims. If you request that we erase your personal information we shall advise you if we consider that there are on-going grounds permitting us to continue processing your information.
Right to Restrict Processing. You can ask us to restrict the processing of personal information that Ember Protocol holds if: you contest the accuracy of the personal information we process about you; you consider that the processing is unlawful but you do not want us to erase the information; we do not require to continue processing the information but you wish the information to be retained in connection with a legal claim; or you have objected to the grounds upon which we process the information. Where you have asked us to restrict processing the information we shall only hold, process and erase the information as permitted by you or as permitted by applicable data protection laws. We will advise you if we do not agree with your request to restrict processing and our reasons.
Right to Data Portability. Where you provide personal information to us and consent to us using it and the processing is carried out by automatic means you are entitled to receive a copy of that information in a machine-readable format and for that to be provided to another data controller, where technically possible.
Right to Object. You are entitled to object to Ember Protocol collecting, using and otherwise processing your personal information where the basis for the processing is Ember Protocol's legitimate interests or the processing is in the public interest. In such circumstances we shall cease processing your personal information unless: we are legitimately processing the information on a different basis; there are compelling legitimate grounds for continuing to process the personal information; or we are otherwise permitted to process the information under applicable data protection laws. If applicable, we will advise you of the basis upon which Ember Protocol continues to process your personal information. If you are not clear of the ground(s) upon which we collect, use and process your personal information you can ask us to confirm this to you, as part of the Right of Access outlined above.
Right to Withdraw Consent. Where you have given us consent to make use of your personal information for any of the purposes outlined in this Privacy Policy you shall be entitled to withdraw that consent. You may do this by emailing us at <>.
Right to Complain. In the event that you have any questions, concerns or complaints regarding this Privacy Policy or the manner in which Ember Protocol collects, uses and otherwise processes your personal information we shall always seek to address the same promptly and to your satisfaction. However if you consider that we have not done so you are entitled to lodge a complaint to your local supervisory authority. If you are unclear who the appropriate supervisory authority is for you, please contact us at <>.
### Age Limitations
To the extent prohibited by applicable law, we do not allow use of our Services and Sites by anyone younger than the legal age in the jurisdiction in which the user resides. If you learn that anyone younger than the legal age has unlawfully provided us with personal data, please contact us at <> and we will take steps to delete such information, close any such accounts, and, to the extent possible, prevent the user from continuing to use our Services.
### Changes to This Policy
If we make any changes, we will change the Last Updated date above. We encourage you to review this Policy to stay informed. If we make material changes, we will provide additional notice, such as via the email specified in your account or through the Services or Sites.
### Online Tracking Opt-out Guide
Like many companies online, we use services provided by Google and other companies that use tracking technology. These services rely on tracking technologies-such as cookies and web beacons-to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet. There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below:
Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit [www.allaboutcookies.org](http://www.allaboutcookies.org).
Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features.
Platform opt-outs. The following advertising partner offers opt-out features that let you opt-out of use of your information for interest-based advertising - Google: . Advertising industry opt-out tools. You can also use the opt-out options set forth below to limit use of your information for interest-based advertising by participating companies. Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use. Digital Advertising Alliance: Network Advertising Initiative: .
### Additional Notice to California Residents (“CCPA Notice”)
The California Consumer Privacy Act of 2018 (“CCPA”) requires certain businesses to provide a CCPA Notice to California residents to explain how we collect, use, and share their personal information, and the rights and choices we offer California residents regarding our handling of their information.
* Privacy Practices.We do not “sell” personal information as defined under the CCPA. Please review the “Sharing and Disclosure of Information” section above for further details about the categories of parties with whom we share information.
* Privacy Rights.The CCPA gives individuals the right to request information about how we have collected, used, and shared your personal information. It also gives you the right to request a copy of any information we may maintain about you. You may also ask us to delete any personal information that we may have received about you. Please note that the CCPA limits these rights, for example, by prohibiting us from providing certain sensitive information in response to access requests and limiting the circumstances under which we must comply with a deletion request. We will respond to requests for information, access, and deletion only to the extent we are able to associate, with a reasonable effort, the information we maintain with the identifying details you provide in your request. If we deny the request, we will communicate the decision to you. You are entitled to exercise the rights described above free from discrimination.
* Submitting a Request.You can submit a request for information, access, or deletion to <>.
* Identity Verification.The CCPA requires us to collect and verify the identity of any individual submitting a request to access or delete personal information before providing a substantive response.
* Authorized Agents.California residents can designate an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming their authority.
Disclosures for European Union Data Subjects
We process personal data for the purposes described in the section titled “How We Use Data” above. Our bases for processing your data include: (i) you have given consent to the process to us or our service provides for one or more specific purposes; (ii) processing is necessary for the performance of a contract with you; (iii) processing is necessary for compliance with a legal obligation; and/or (iv) processing is necessary for the purposes of the legitimate interested pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.
Your rights under the General Data Protection Regulations (“GDPR”) include the right to (i) request access and obtain a copy of your personal data, (ii) request rectification or erasure of your personal data, (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, you may withdraw your consent to our collection at any time. Nevertheless, we cannot edit or delete information that is stored on a particular blockchain. Information such as your transaction data, blockchain wallet address, and assets held by your address that may be related to the data we collect is beyond our control.
To exercise any of your rights under the GDPR, please contact us at <>. We may require additional information from you to process your request. Please note that we may retain information as necessary to fulfill the purpose for which it was collected and may continue to do so even after a data subject request in accordance with our legitimate interests, including to comply with our legal obligations, resolves disputes, prevent fraud, and enforce our agreements.
### Cookies
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
For information on the cookies used on Ember Protocol's website, please see our Cookie Policy.
### Contact information
If you have any questions in relation to this Privacy Policy please contact us at .
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# Risk Disclosure
## Risk Disclaimer
Interacting with tokens, issued using Ember Protocol technology, involves risks, and it is important for Users to understand these risks before engaging. Ember Protocol does not provide investment advice, manage assets, or make investment decisions. The Protocol and its Website provide only the technological infrastructure that enables users to interact with independently managed vaults.
Each vault is operated and managed by third-party Vault Managers, who are solely responsible for defining and executing their respective strategies. Ember Protocol does not control, direct, or influence vault strategies.
While Ember Protocol seeks to maintain the security and reliability of its infrastructure, it cannot eliminate all risks associated with decentralized finance (DeFi), including smart contract vulnerabilities, blockchain congestion, and market volatility. Users should ensure they understand these risks before interacting with any vault.
Before making any decision, users are strongly encouraged to seek independent professional advice.
## Third-Party Project Risks
Collateral assets may be invested in third-party DeFi opportunities. These projects introduce risks that are outside the direct control of Ember Protocol. Such risks include the operational, financial, and regulatory risks associated with these third-party platforms. Issues such as failure of a protocol, changes in terms, or operational mismanagement may directly impact the performance and returns of the Vault, and Ember Protocol bears no responsibility or liability for such external risks.
## Collateral Asset Risks
The collateral assets in Ember Protocol issued tokens are deployed across a range of DeFi protocols, each with its own risk profile. Internal factors such as technological failures or operational disruptions within DeFi protocols may further impact the stability and value of the collateral. These assets are subject to potential fluctuations in value, liquidity constraints, and changes in market dynamics and other external factors. In particular, collateral assets may lose value in volatile market conditions, affecting the price of the Underlying Assets. Users should be aware that the risk of asset devaluation could result in a loss of principal, particularly during periods of significant market stress.
## Smart Contract Risks
Vault Managers rely on smart contracts to interact with various DeFi protocols. Although Vault Managers take measures to mitigate these risks, such as conducting regular reviews, implementing security best practices, and selecting reputable protocols, these measures cannot guarantee complete protection. Additionally, smart contracts may rely on external data sources (e.g., oracles), which introduce further risks of inaccuracy or manipulation.
## Market Conditions and Volatility
Digital assets and DeFi markets are highly sensitive to market conditions and can experience significant volatility. The value of collateral assets and the yields generated through Vaults can be impacted by factors such as general market sentiment, regulatory changes, technological advancements, and macroeconomic events. Market downturns, liquidity shocks, or sudden price movements can impair the performance of Vaults, and may lead to capital losses or the inability to redeem collateral at expected values. Users should consider their risk tolerance and time horizon when evaluating exposure to market volatility.
## Execution Risks
Execution risk arises from the possibility that Vault Managers may not be able to efficiently implement their strategy or deploy collateral as intended. This can result from various factors, such as delays in executing trades, network congestion, or technical failures within the DeFi protocols themselves. Additionally, poor timing or errors in transaction execution can lead to suboptimal returns or direct financial losses. While Vault Managers employ automated tools and operational safeguards to mitigate these risks, execution risks remain an inherent feature of decentralized markets and smart contract–based transactions.
## Liquidation Risks
The collateral assets in Ember Protocol issued tokens are exposed to liquidation risks, especially in the case of leveraged positions or falling asset prices. If the value of the underlying collateral falls below a specified threshold, or if a DeFi protocol enforces a liquidation event due to market movements, assets may be liquidated at unfavorable prices, potentially resulting in partial or complete losses. Vault Managers work to mitigate this risk by monitoring and adjusting positions as market conditions change, but the inherent volatility in DeFi markets means that liquidation events can still occur, especially during periods of significant market stress.
## Regulatory Risks
The DeFi space is still relatively new and is subject to evolving regulations. Changes in regulatory frameworks could impact the operations of DeFi protocols, as well as the ability of Ember Protocol to continue deploying capital in these ecosystems. Regulatory scrutiny, especially in jurisdictions where DeFi is not fully regulated, could lead to restrictions or bans on certain activities, may disrupt Vault operations or limit Users’ ability to interact with the Protocol. Such developments could adversely impact returns, delay redemptions, or result in partial or total loss of assets.
## Liquidity Risks
DeFi protocols may experience lower liquidity, higher slippage, or reduced ability to redeem assets quickly. If liquidity is constrained, Ember Protocol may not be able to exit positions or redeem collateral at the expected price, potentially leading to significant losses.
## Operational Risks
Ember Protocol success depends on the effective operation of various internal systems and processes. Any failures or inefficiencies in the operational infrastructure, including risk management, compliance, and reporting systems, could lead to financial losses or mismanagement of the strategy. Ember Protocol has implemented robust operational protocols to minimize such risks, but they remain an inherent part of the operation of any financial platform.
## Counterparty Risks
Vault Managers may engage with decentralized platforms, liquidity pools, or other participants within the DeFi ecosystem that involve multiple counterparties. These counterparties, including other users, liquidity providers, or protocol operators, are independent third parties and act entirely outside the control of Ember Protocol.
There is a risk that such counterparties may fail to meet their obligations, experience insolvency, or otherwise default. These events could adversely affect the performance of the Vaults, potentially resulting in reduced liquidity, losses in asset value, or temporary inability to access or redeem collateral. Ember Protocol does not assume responsibility for the actions, solvency, or performance of any third-party counterparties.
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# Eligibility Requirements
## Eligibility Criteria
As stated in clause 3.3(a) of the Terms of Use: “You represent and warrant that you (i) have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Protocol and your Digital Wallet; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of your Digital Wallet and the Protocol; (iii) know, understand, and accept the risks associated with your Digital Wallet and the Protocol; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services”.
In line with this principle, we have defined a baseline set of eligibility criteria to ensure that investors engaging with our sophisticated products possess a fundamental understanding of their technical features, associated risks, and operational processes. The following represent the minimum requirements, and additional criteria may apply depending on the specific product or market conditions.
### Technical and Operational Proficiency
* Proficient in using non-custodial wallets (e.g., MetaMask, Rabby, Safe etc.).
* Capable of safely storing and managing private keys or seed phrases.
* Experienced with Layer 2 networks or alternative blockchain ecosystems (e.g., Arbitrum, Optimism, Base, Berachain etc.).
* Skilled in approving, signing, and revoking on-chain transactions.
* Familiar with interactions on decentralized exchanges (DEXs), aggregators, or DeFi aggregators.
* Understands basic decentralized finance (DeFi) concepts such as LP tokens, slippage, gas fees, and transaction costs.
* Knowledgeable about delta-neutral strategies, differences between APY and APR, and implications of impermanent loss.
* Familiar with risks associated with smart contracts, oracles, and potential protocol-level vulnerabilities.
* Understands collateralization methods, liquidation triggers, and redemption mechanisms.
* Regularly reviews protocol documentation prior to interacting with smart contracts.
* Consistently verifies contract addresses and protocol user interfaces (UIs) before initiating transactions.
* Utilizes on-chain analytics tools (e.g., DeBank, Zapper, Arkham) to monitor and manage positions.
* Has awareness and experience in managing tax implications of crypto investments.
* Demonstrates capability to assess and evaluate third-party audits and security reports.
* Uses hardware wallets or advanced security measures to enhance asset protection.
* Comfortable navigating market volatility and managing emotional decision-making during adverse market conditions.
### Restrictions and Legal Criteria
* Must be of legal age to enter into financial agreements. (typically 18 or older, depending on local jurisdiction)
* Must comply with all applicable local regulations and laws governing cryptocurrency and financial products.
* Not a resident or national of jurisdictions explicitly restricted by Ember Protocol due to regulatory or compliance constraints (including but not limited to jurisdictions subject to international sanctions, regulatory prohibitions, or financial restrictions).
* Acknowledges responsibility to verify jurisdiction-specific legal constraints regarding cryptocurrency investments.
* Confirms that the source of funds used for investment is legitimate and not linked to illicit activities.
## Restricted Jurisdictions
Not for the distribution to any U.S. Person or any person or address in the United States. Ember Protocol does not sell its tokens to U.S. Persons or for the account or benefit of U.S. Persons, and tokens are not marketed or solicited in the U.S. or in any other prohibited jurisdiction. Furthermore, the offering is restricted in the U.K. China and North Korea. For a deeper review of Ember Protocol's Terms & Conditions and legal documentation please read [this](/ember-protocol/legal/terms-and-conditions) section of the guide.
# API Docs
1. NPM Package w/ On-Chain Call & API Client Code:
2. OpenAPI Specs:
# Slush Wallet Campaign
## Campaign Details
* **Incentive**: *$15,000 Prize Pool*
* *Processed by October 1st*
* **Dates**: September 16th - 30th 2025
* **Distributed to**:
* 30 Randomly Selected Depositors on Ember Protocol ($500 to each user)
* Deposit [here](https://ember.so/).
* **Users must deposit $15** or more into any vault on Ember for your chance at a $15K prize pool!
Download the wallet here:
{% hint style="info" %}
**Ember Protocol** is the first Structured Vaults Product on Sui, incubated by Bluewater (Developers of Bluefin).
{% endhint %}
# List of winners
500 USDC distributed to each wallet
| Wallet Address |
| ------------------------------------------------------------------ |
| 0xa89e34939b294f0a3acde0e009becc94128b4005270939f5090de457ff384081 |
| 0xb9b28fb3fd69a77d646f2bd03e05149bc2ae222fcea46cbeca67ef27ac57be2d |
| 0x66175016ad85f8cf1e3b7c1cbdbce78651fbe1f413128aa04e17aa3790247a31 |
| 0xa4442fe1472d3199c6ed3efb1d99a174e6e4887722e6840e8cc4940389f7f6dd |
| 0x1189139c8d0ec0bac96da8b0b686b7973c3722b3023c8e456d395c733bf72ebb |
| 0x73bb8b60933e2dbe4e36fdd577bd16c646ed7beefb179374c2d0861af33c446c |
| 0xbfadc17622c3ce75ac1067f3e6c4e8daac66735f1f0efbc8408743e209f07a19 |
| 0xa912c51b5fb22655ec931dc905dbd2a7b2e623adb1e69576193cb780e2e92540 |
| 0x75cc4adbcf681a4697f3fef44dea622b460283c7916d9695fc45f8397b2f5132 |
| 0xa34b3d022e864620abb8e9d3ed3344152c87269652d97aee12221338733a5ae3 |
| 0xfb3059cabaaca478edbc90b102c0004edf5ec93bf3da1f29831a113d1fdcb291 |
| 0xf524c3f6876c10cfa8dc1ab7c05a7b7053f58d7658ef8d7e1c459c6f66873577 |
| 0xf22ead5ea35bc209f80f3a23a3084300be053bfed4095d0ef483d23735e83f38 |
| 0x8f3a9aa316c713748b50e21d9b4ad7271ac7c8a51e91b7800d8f619d0c5f5345 |
| 0xaccecf06bfd6fccd29b2801be3e41f8a2073fa917fc3d139e5606e4c1ab4b044 |
| 0x3a9adc9e540eb28b83307f6920e87fb92c806cc39c1fa650e70cb9ef3d0dd0cb |
| 0xe6adaf2e2943a8a098f8c472735e61b18cf05f2e40e4ad150aec41239e6ccb12 |
| 0x4bbc195e3c1d174d252ec2f1449230a4ba77a454f25bdb1506bc7e2bb43afa15 |
| 0x7de16b19eb0a79679c3da0eb2ed2a01f80a62bbe8d0a2f4c1da666be73f686e4 |
| 0xc090ccb8cece2b0e3023643b690b34b5e4173bf5481fe8fecb0e9ee4bc89088c |
| 0xd12d965b2ac32c4265dbd0e3644de75352d5b19670bf4a096b3c2c72d5ddc493 |
| 0x50b74507d1a7de008d73a54b53dc222b1c3bbfdd166761b146c1cad36ff38813 |
| 0x4c3a8cb2e19d2a218101d174bf8586beea4468f39f4b27478c1cafe93b5cca12 |
| 0xb452a1fedb17d8524f1791705b40a1b6b5258e54f46e4f17ec73f858316dffee |
| 0xec4bf7a3d44a60d8c66a9c3ba5315c61700c6e35fcec67217f207e2a228191b2 |
| 0x477fff6f617bfa3962237986b31f4620a020b8d45e74bad65590557b1d1c1114 |
| 0x53425de011bc3c6575604027c41751f7877dc8f06524eb1e021b5fd0a5ee702e |
| 0x9c62628dc515c5c3a7a9f61c1c91ff3198ada97b1234eae9d7267c0e8e8c3450 |
| 0xc847ee4c52cbd4c7b20a5d83cd0c3121f8da6580a2148114d2fce53ca529dcd0 |
| 0x2db3f62a80722af56c26d8faac848762ceac17f6a873fba60a2309175f879be2 |
# FAQs
#### How do users earn?
Based on the share prices of their receipt tokens. Say a user deposits 100 SUI and receives 100 eSUI when the share price of the vault was 1.0. Now once the vault curator starts generating interests, the share price of the vault will start to increase, and users will be able to redeem their tokens at the corresponding exchange rate. So say that this week the share price of eSUI goes to from 1.0 to 1.1, then those 100 eSUI that the user has will be redeemable for 110 SUI (10% yield). So no claiming or disbursal is involved here, users will see their earning simply when they redeem their deposit tokens for their receipt tokens.
#### Is Ember Audited?
Yes, Ember has been audited by Ottersec. You can see the full audit report here:
#### How often do Share Prices update?
Share prices are usually updated every Tuesday and Friday. Newly launched vaults may take up to 2 weeks to update share prices for the first time, as Curators need to deploy capital and kick-off their strategy
#### How long does it take for a Vault withdrawal to be processed?
All vaults process withdrawals within the specified withdrawal period in the vault details page. Sometimes it may take longer depending on the Curators strategies, since they are actively deploying this capital every day and need to re-balance as withdrawals get requested.
#### If I redeem my eSui (or other receipt tokens) will the share price be that of the time I redeem it, or when I receive it?
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It will be based on the share price at the time of processing the withdrawal.
#### Is the APY shown on the vault a guarantee?
The APY shown on the Vault is the target APY - the real yield may vary
#### Why can’t I see my position on Ember?
This could mean your net position is negative. If you have purchased receipt tokens and redeemed them, this could lead to a net negative balance.
For example, purchasing 10 eSui and redeeming it, then depositing $5 of Sui into the vault for eSui would give you a -$5 position.
In order for the position to show again, it will need to be re-balanced.
#### What are the tokens that are minted on Ember Vaults?
Tokens minted on Ember are Vault token receipts that accrue value over time as the Vault produces yield for your deposit - this is not the same as an Ember protocol token.
#### What can I do with my Ember tokens?
You can hold your Ember tokens in your wallet as they accrue value, as advertised on the Vault strategy with the target APY.
You can also use your eTokens on Bluefin Lend and earn a higher yield by doing so.
This will also allow you to borrow against your eToken deposits on Lend and loop the capital you borrow into other protocols for leveraged yield.
There are risks associated with DeFi looping strategies, and risk management is the user's sole responsibility.
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