Terms & Conditions
These Terms of Service and any terms expressly incorporated herein (the “Terms”) governs access to and use of all parts of the website and services branded as LyoFi and referring to the domain https://www.lyofi.com/ (the “Website”, “App”) and all documents, data, materials or other information made available on the Website.
Your access to and use of the Website and/or App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Clients, and others who access or use the Website and/ or App.
These Terms may be made available in several languages; all versions are legally binding, but in the event of inconsistency between the English version and a translated version, the English version prevails.
We cannot guarantee that Our Services will always meet your demands. As We grow, We will likely add new services, change certain features and drop old features. However, We truly hope You will be always satisfied with Us and Services We provide to You.
Last updated: December 1, 2021.
Please click the links below if You wish to go directly to a particular section of these Terms. The headings are for reference only and do not affect construction and interpretation.
- CONDITIONS OF USE AND SERVICE
- SERVICE OBJECT
- USER OBLIGATIONS
- SERVICE ACCESS AND USER REGISTRATION
- LINKS TO OTHER WEB SITES
- ACCESS TO PERSONAL ACCOUNTS AND LYOFI AUTHORISATION
- PACKAGES AND SERVICES FROM LYOFI COLLABORATING PROVIDERS
- WEBSITE DATA AND INFORMATION: CHARGES AND SECURITY
- OUR RIGHT TO CHANGE THESE TERMS
- OUR LIABILITY
- TERMINATION AND SUSPENSION
- LINKING TO OUR WEBSITE
- GENERAL PROVISIONS & APPLICABLE LAW
- CANCELING YOUR ACCOUNT
- CONTACT US / INQUIRIES & COMPLAINTS
- TECHNICAL ERRORS AND MALFUNCTIONS, AVAILABILITY
- REVISION AND MONITORING OF THESE TERMS
1.1. Capitalized terms not otherwise defined in these Terms will have the following meaning:
an account on the Platform opened and held in the name of a Client and maintained by LyoFi.
all the natural or legal persons that have registered on LyoFi Platform.
“LyoFi’s Terms of Services”, “Terms”
LyoFi’s Terms of Services for the Clients available on the Website and/ or App and as may be amended from time to time.
“LyoFi”, “We”, “Us” or “Our”
is a decentralized finance and blockchain services company, developed by the DIGIFI GROUP LTD, incorporated in British Virgin Islands - company code: 2065462, address: Skelton Bay Lot, Tortola, British Virgin Islands.
in account for both crypto and fiat currencies that hold inter-exchangeable value and are operated within Our system. These funds can be digitally deposited, withdrawn transferred, and stored.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016. If your country of residence is based within the European Economic Area (“EEA”) and the GDPR applies to Our processing of your personal data (within the meaning of GDPR), your representative within the EEA for the purposes of the GDPR is Digilyo App, Ltd. If your Country of Residence is outside of the EEA, provisions related to the GDPR shall not apply to your use of the Services.
a publicly accessible internet-based information system that is branded as ‘LyoFi’, available via the Website and/ or App and operated or managed by DIGILYO APP LTD.
connecting the Clients to technological tools through the use of the Platform by LyoFi providing the Collaboration Partner services that enable users to access a decentralized exchange (“LYOFI DEX”), liquidity, farming, and staking functions, as well as minting and cloud mining.
a storage that is used to digitally and securely store, send, and receive cryptocurrencies. LyoFi has a multi-currency wallet allowing Our Clients to receive different types of cryptocurrencies supported by the LyoFi. The Wallet holds one or more public addresses that act as cryptocurrency account numbers and can be used to receive that particular asset. Blockchain is a linear chain of multiple linked blocks that are cryptographically secured. Each block contains, among other things, a list of recent transactions and a reference to the block that came immediately before it.
the website branded as LyoFi and referring to the domain https://www.LyoFi.com/.
- GENERAL PROVISIONS
2.1. The use of the Website, App and its content is voluntary and falls under the responsibility of the Client.
2.2. The Services are intended solely for users who are at least 18 years old and who satisfy the criteria described in these Terms. The Client must represent and warrant that he/she: (i) as an individual, legal person, or other organization, have full legal capacity and sufficient authorizations to enter into these Terms; (ii) have not been previously suspended or removed from using Our Services; (iii) are not located in, or a citizen or resident of the United States; (iv) is not a legal or natural person with US citizenship, domicile or tax liability in the USA or according to the sanction lists of OFAC, the United Nations, the European Union, the United Kingdom, Austria, Switzerland, Liechtenstein or other sanction lists and (v) is not a Politically Exposed Person (PEP).
2.3. Some Services may not be available in certain jurisdictions or regions or to certain users. We reserve the right to change, modify or impose additional restrictions at Our discretion at any time.
2.4. As long as You agree to and comply with these Terms, We guarantee You the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Platform and the Services.
2.5. You are the only person authorized to use your Account and the Services and You may not share your Account credentials with any other person.
- REGISTRATION FOR A LYOFI ACCOUNT
3.1. All users must apply for a LyoFi Account before using LyoFi Services.
3.3. From time to time We may be required to request further information regarding your transactions in order to comply with applicable law and regulation. Failure to provide such information in a timely fashion may result in the suspension of your ability to use the Services (until you provide such information) or the closure of your Account.
3.4. You represent and warrant that any and all information provided to Us pursuant to the registration process or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to timely update such information as soon as possible to maintain the integrity and accuracy of the information.
3.5. If there are any grounds for believing that any of the information You provided is incorrect, false, outdated, or incomplete, LyoFi reserves the right to send You a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of LyoFi Services provided to You. If We are unable to reach You with the contact information You provided, You shall be fully liable for any loss or expense caused to LyoFi during your use of LyoFi Services.
3.6. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to Our investigations in full.
3.7. For Our compliance purposes and in order to provide the Services to You, You hereby authorise Us to, directly or through a Collaboration Partner, obtain, verify, and record information and documentation that helps Us to verify your identity and personal Account information.
- SERVICES ACCESS
4.1. Access to the Services is granted through Our Website or Our App. Your use of the App remains at all times subject to the terms of conditions and privacy policies of the relevant app store from which You downloaded it, for example the Google Play or the Apple App Store. To the extent that there is a conflict between those terms and conditions and these Terms and Conditions, these Terms prevail.
4.3. We reserve the right to change, suspend, or discontinue any aspect of the Services at any time and in any jurisdiction, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any order and may limit or suspend your use of one or more Services at any time, in our sole discretion. Suspension of your use of any of the Services will not affect your rights and obligations pursuant to these Terms. We may, in Our sole discretion, decline to process orders if (i) We believe the transaction is suspicious; (ii) the transaction may involve fraud or misconduct; (iii) it violates applicable laws; or (vi) it violates the terms of these Terms. Where permitted by law, We will notify you by the end of the business day if We have suspended processing your orders and, if possible, provide Our reasons for doing so and anything You can do to correct any errors leading to the stoppage.
4.4. You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Services or its security measures, any servers, other equipment or networks connected to the Services or on which it is stored or any software used in the provision of the Services, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (the “Viruses”). You also agree to take steps to ensure that the hardware and software that you employ to access the Services does not introduce any form of computer Viruses or similar item into the Service and agree to indemnify Us for any loss that it may suffer as a result of such introduction.
- CLIENT OBLIGATIONS
5.1. When using the Website, You must comply with the applicable laws. You must not:
5.1.1. attack Our network security, in particular by uploading or attaching files that are infected with viruses or other harmful components capable of impairing the operation of another user's device.
5.1.2. impair or in any way attempt to impair other users' access to or use of the Website or the Services (e.g., by generating, whether manually or by automated means, an unusually high number of accesses);
5.1.3. harvest or otherwise collect information about users, including email addresses, without their consent.
5.1.4. post false, inaccurate, misleading, defamatory, unlawful, harassing, libellous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content on Our Website or through/on Our Services or commercialise any Our services, application, or any information or software associated with them.
5.1.5. use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content of the Website not owned by you in a way that violates someone else’s (including Ours) rights.
5.1.6. commercialise any Our Services, application, or any information or software associated with them.
- LINKS TO OTHER WEB SITES
6.1. The Platform may contain links to third-party (including, but not limited to, Collaboration Partner) websites or services that are not owned or controlled by Us.
6.2. We have no control over, and We assume no responsibility for, the information, content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, goods or services available on or through any such websites or services.
6.3. We do not accept liability for the content of any referenced or linked off-site page and are not liable for that content. The risk of injury rests entirely with You. Links from the Platform to other websites do not constitute an endorsement from Us. It is your responsibility to evaluate the content and usefulness of information obtained from other websites.
7.1. There is a risk that We may be temporarily or permanently not able to provide access to the Platform and thus also to the Services. The Platform is provided “as is” and “as available”. We and our Collaboration Partner’s, expressly disclaim all representations or warranties of any kind, whether express, implied, statutory, or otherwise about the Platform and Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
7.2. LyoFi do not warrant that (i) the Platform will function uninterrupted, secure or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Platform is free of viruses or other harmful components; (iv) any content and data, including your data, will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the Services will be accurate or reliable; or (vi) the results of using the Platform will meet your requirements or expectations.
7.3. THE LYOFI DEX IS PROVIDED ”AS IS”, FOR USE AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. Although LyoFi developed the initial code for the LYOFI DEX, it does not provide, own, or control the LYOFI DEX, which is run by smart contracts deployed on the blockchain. Upgrades and modifications to the protocol are managed in a community-driven way by holders of the LYO CREDIT token. No developer or entity involved in creating the LYOFI DEX will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the LYOFI DEX, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, digital assets or anything else of value.
- RISK DISCLOSURE
8.1. By accessing or using any LyoFi Services You are voluntarily choosing to engage in sophisticated and risky asset transactions. You are further acknowledging that You are aware of the many risks associated with the use of these Services and with engaging in transactions in cryptocurrencies, including, but not limited to, risks of financial loss, technology glitches (including, but not limited to, problems with the blockchain technology), and hacking. We work hard to provide state-of-the-art systems and security. Nonetheless, certain issues and risks are unavoidable, and if such issues or problems arise in connection with your use of LyoFi Platform, including technical difficulties with depositing or trading cryptocurrencies, it may take days, weeks, or months to resolve, and some issues may not be resolved at all. By agreeing to these Terms, You acknowledge that LyoFi is not responsible for the aforementioned risks, and You voluntarily assume and accept such risks in deciding to engage in cryptocurrency transactions on Our Platform.
9.1. In no event shall LyoFi, its Board Members, Employees, Collaboration Partner’s or entities of the LyoFi’s group, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct, content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or alteration of your transmissions, content, whether based on warranty, contract, tort (including negligence) or (v) any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9.2. We endeavour to ensure but cannot guarantee essentially uninterrupted availability of the Platform and the Services and error-free transmissions. Access to the Platform or the Services may also be suspended or restricted from time to time to allow for repairs and maintenance or the introduction of new services or tools.
10.1. You agree to fully compensate Us for any and all claims, civil responsibilities, damages, expenses and costs, as well as You allow Us to make any deduction from your Account, caused by or arising from your use of the Services, your violation of these Terms or your infringement, or infringement by any other person of your account (including, but not limited to, exploitation of the Platform’s software error/glitch).
- CANCELING YOUR ACCOUNT
11.1. You may cancel your Account at any time. Note, extended periods of inactivity may also result in cancellation or Account information stored in the Services being made unavailable. To cancel your account email support@LyoFi.com with your primary email address.
- ACCOUNT SUSPENSION AND CLOSURE
12.1. We may, in Our sole and absolute discretion, without liability to You or any third party, refuse to let You open an Account, suspend your Account, consolidate Accounts if You have more than one or terminate your Account or your use of one or more of the Services. Such actions may be taken because of one or more of a number of factors, including without limitation account inactivity, failure to respond to customer support requests, failure to provide positive identification, a court order, illegal/fraudulent activities or your violation of the Terms. We may also temporarily suspend access to your Account if a technical problem causes a system outage or Account errors until the problem is resolved.
12.2. We encourage you to withdraw any remaining balance of assets prior to issuing a request to close your Account. We will be unable to close your Account at your request unless You have withdrawn your remaining balance of assets. We reserve the right to restrict or refuse to permit withdrawals from your Account if (i) your Account has otherwise been suspended or closed by Us in accordance with these Terms; (ii) to do so would be prohibited by law or a court order or We have determined that the assets were obtained fraudulently; or (iii) You have not undergone the required identity verification procedure such that your identity has been verified, as indicated by your Account.
12.3. We will determine, in Our sole discretion, whether there has been a breach of these Terms through your use of the Services. When such a breach has occurred, We may take such action as We deem appropriate, including all or any of the following actions:
12.3.1. immediate, temporary or permanent withdrawal of your right to use the Platform and Services;
12.3.2. issue of a warning to You;
12.3.3. legal proceedings against You for reimbursement of all costs resulting from the breach;
12.3.4. further legal action against You; and/or
12.3.5. disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
12.4. The responses described above are not limited and We may take any other action We reasonably deem appropriate.
12.5. Upon termination of the use of the Platform and Services You authorize Us to cancel or suspend pending transactions. The remaining funds will be transferred to Your personal account opened with a financial institution in the European Economic Area. The refund will be issued no later than within 3 months after the termination of the Services.
12.6. We reserve the right to settle any damages caused due to the breach of these Terms from the funds stored in Your account.
12.7. Virtual currencies stored in the wallets will be exchange to euros based with the market exchange rate.
12.8. In the event that You or We terminate your access to the Services, or deactivate or cancel your Account, You remain liable for all activity conducted with or in connection with your Account while it was open and for all amounts due.
12.9. We reserve the right to maintain your account registration and trading information, after You close your Account, for business and regulatory compliance purposes, for a period no less than 5 years, subject to applicable laws and regulations.
- GENERAL PROVISIONS & APPLICABLE LAW
13.1. You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms to any third party. You acknowledge that We may assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms to any third party at any time.
13.2. We will have no liability to You for any failure or delay in performing any of Our obligations under these Terms to the extent that such failure or delay is caused or contributed to by You or by an event or circumstance beyond Our reasonable control.
13.4. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which will remain in full force and effect.
13.5. Failure by either You or Us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
13.6. These Terms are governed by and shall be construed in accordance with the laws of Hong Kong.
- CONTACT US
14.1. Any Client who is dissatisfied with Our Services, has found a deficiency, or identified dishonesty, should contact Our customer services team via Our email support@LyoFi.com or ticketing service available from your Account.
14.2. The Customer Support service is available from Monday to Friday, 9:00 a.m. to 6:00 p.m. (EET) for any questions You may have.
14.3. We will do Our best to resolve your request as soon as possible, but this may not always be possible.
14.4. We will review and reply to all admissible complaints within the timeframe that We have specified in the acknowledgement sent by Us. However where, in exceptional situations, We are unable to provide the final decision within the timeframe that We have specified in the acknowledgement, We will send You a holding response explaining the causes of the delay and indicating when We expect to be in a position to complete the review of your complaint.
14.5. We will keep You updated on the progress of handling your complaint and reply to your reasonable information requests made in this regard by You without any undue delay.
15.1. We reserve the right, at Our sole discretion to modify, restrict, refuse, move, remove, disable or discontinue, entirely or in part, at any time and without prior notice, these Terms, the Services and content, including Client content, on the Platform. In all such cases, We will take account of the Clients' interests.
15.2. We will inform Our Clients on all material amendments to these Terms by publishing the updated version of these Terms on the Platform.
15.3. You consent to these Terms anew each time You use the Platform and are bound by them as currently published on the Website at the time of each use.