Terms of Service & Privacy Policy

Privacy Policy

This Privacy Policy (the “Policy”) explains how MetricsDAO Association (“MetricsDAO”, the “Company”, “we”, “us” or “our”) collects, uses, and shares data in connection with the MetricsDAO web app (www.metricsdao.xyz/app), www.metricsdao.xyz website and all of our other properties, products, and services (the “Services”). Your use of the Services is subject to this Policy as well as our Terms of Service . By accessing and using the Services, you signify your acceptance of the terms of this Privacy Policy and the Terms of Service. If you do not agree to the Privacy Policy and/or the Terms of Service, you should immediately cease to continue the use of the Services.

Data Collection

Privacy and transparency is very important to MetricsDAO. Accordingly, we aspire to be transparent about the data we do collect. We collect site-usage analytics to improve our service, the current session’s active wallet, and optionally external blockchain addresses for cross-chain payments. We also Our website leverages traditional centralized hosting and our application uses a combination of centralized hosting as well as a public blockchain where all of the core functionality of the app is performed on chain. Therefore, almost all activity in our app is visible and accessible through public blockchain infrastructure.

• Public blockchain data. Our web app’s core functionality is performed on a public blockchain, and the app will access (index) blockchain data to ensure data consistency. Users sign into the web app with their wallet and our services will show the signed in user’s ENS name or wallet address.
• Browser data. We use 3rd party web analytics tools with all our services to learn more about user behavior and enable service improvements. We can leverage browser storage for maintaining user preferences and login sessions.
• Web application database. If a user is interested in receiving cross-chain payments, our services will allow them to add and remove wallets on different blockchains. The web app will store a given user’s cross-chain addresses in a private database. As a user performs actions with our services, pending transaction information will also be stored in our app database to ensure a positive user experience.
• Partners and vendors. We partner with 3rd party tools to check for illicit wallet activity and prevent sanctioned addresses from using our app.
• Direct correspondence. We will receive any communications and information you provide directly to us via email, customer support, social media, or another support channel (such as Twitter or Discord), or when you participate in any surveys or questionnaires

Data Usage

We use the data we collect in accordance with your instructions, including any applicable terms in our Terms of Service, and as required by law. We may also use data for the following purposes:

• Providing the Services. Providing, maintaining, customizing, and improving our Services and features of our Services.
• Customer support. Providing information as well as troubleshooting and resolving issues.
• Safety and security. Protect against, investigating, addressing, solving, enforcing, protecting and stopping fraudulent, unauthorized, illegal, or harmful activity relating to enforcement of our agreements and protection of our users and the Company.
• Legal. Complying with applicable laws and regulations and may share with regulators, government agencies, and law enforcement. Exercising or defending legal rights
• Aggregated data. We are an analytics DAO and therefore will encourage our community and ourselves to access public blockchain data and perform aggregations and analytics.

Data Sharing

We may share or disclose the data we collect:

• With service providers. We may share your information with our service providers and vendors to assist us in providing, delivering, and improving the Services. For example, we may share your wallet address with service providers including, but not limited to Infura and Cloudflare to provide technical infrastructure services, your wallet address with blockchain analytics providers to detect, prevent, and mitigate financial crime and other illicit or harmful activities, and your activity on our social media pages with our analytics provider to learn more about you interact with us and the Services.
• To comply with our legal obligations. We may share your data in the course of litigation, regulatory proceedings, compliance measures, and when compelled by subpoena, court order, or other legal procedure. We may also share data when we believe it is necessary to prevent harm to our users, our Company, or others, and to enforce our agreements and policies, including our Terms of Service.
• Safety and Security. We may share data to protect against, investigate, and stop fraudulent, unauthorized, or illegal activity. We may also use it to address security risks, solve potential security issues such as bugs, enforce our agreements, and protect our users, Company, and ecosystem.
• Business changes. We may transfer or share data to another entity in the event of a merger, acquisition, bankruptcy, dissolution, reorganization, asset or stock sale, or other business transaction.
• With your consent. We may share your information any other time you provide us with your consent to do so.

Data Storage and Security

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect data from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you. We accept no liability for data transmitted to us via the Internet. You are responsible for all of your activity on the Services, including the security of your blockchain network addresses, cryptocurrency wallets, and their cryptographic keys.

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 privacy@metricsdao.xyz.
• Minors. We do not knowingly collect or store any personal information about children under 13 without verifiable prior parental consent.
• 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

Updates to this Policy

This Policy may change from time to time. By continuing to use the Services, you agree to the changes made, so periodically check the Privacy Policy for updates.

Questions about this Policy

If you have any questions about this Policy or how we collect, use, or share your information, please contact us at privacy@metricsdao.xyz

Terms of Service

These Terms of Service (the “Agreement”) explains the terms and conditions by which you may access and use https://metricsdao.xyz/app, a website-hosted user interface (the “Interface” or “App”) provided by MetricsDAO Association (“MetricsDAO”, “we”, “our”, or “us”). You must read this Agreement carefully as it governs your use of the Interface. By agreeing to these Terms of Service, you also agree to the terms of our Privacy Policy, which is expressly incorporated herein. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Service control. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface.

NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Interface is only available to you — and you should only access the Interface — if you agree completely with these terms.

Introduction

These terms and conditions ("Terms") govern the use of the blockchain-based analytics application (the "Application") provided by MetricsDAO Association (“MetricsDAO”, “we”, “our”, or “us”). By accessing or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

The Application is a platform for providing analytics and insights to users. The Application utilizes blockchain technology and requires users to have a crypto wallet in order to access and use the platform.

All interactions and transactions conducted through the Application will be recorded on the blockchain and made publicly available as part of the public record. By using the Application, you acknowledge and agree that your interactions and transactions will be recorded and made publicly available in this manner.

Please read these Terms carefully and contact us if you have any questions. We may update these Terms from time to time, so please check back periodically for any changes. Your continued use of the Application after any such changes constitutes your acceptance of the revised Terms.

Access Eligibility

The Application is intended for use by individuals and organizations that are not located in or affiliated with any country or territory that is subject to economic sanctions, embargoes, or other restrictions under the laws of the United States.

We reserve the right to block access to the Application for users that are located in or affiliated with any such country or territory, as well as for users that are identified as bad actors or otherwise pose a threat to the security or integrity of the Application.

By using the Application, you represent and warrant that you are not located in or affiliated with any such country or territory, and that you are not a bad actor or otherwise a threat to the security or integrity of the Application. If we determine, in our sole discretion, that you are in violation of these eligibility requirements, we reserve the right to immediately terminate your access to the Application.

IP Ownership

The Application and all related software, technology, and intellectual property rights are owned by Flipside Crypto LLC and MetricsDAO Association, and are protected by applicable copyright, trademark, and other intellectual property laws. You acknowledge and agree that these rights are valid and enforceable.

The Application enables users to upload and share content, including text, images, audio, and video. You acknowledge and agree that any content that you upload to the Application is considered to be in the public domain and is not subject to any proprietary rights. We do not claim any ownership rights in any such content, and you retain all rights that you may have in such content.

If you believe that any content on the Application infringes your copyrights, you may submit a notice to us in accordance with the Digital Millennium Copyright Act ("DMCA"). We will investigate such notices and, if appropriate, take appropriate action in accordance with the DMCA. However, we do not control the content on the Application, and we cannot guarantee the removal of any infringing content. You acknowledge and agree that we are not responsible for any content that is available on the Application.

Additional Rights

We reserve the right to release updates, improvements, and enhancements to the Application at any time and without notice. These updates may modify, delete, or add features to the Application, and you acknowledge and agree that we have no obligation to provide any support or maintenance for the Application.

We also reserve the right to change, remove, or discontinue any aspect of the Application at any time and without notice. This includes the right to change, remove, or discontinue any content, features, or functionality of the Application, as well as the right to remove the Application from any app stores or other distribution platforms.

We may also add, update, or remove marketing materials, advertisements, and other content from the Application at any time and without notice. This content may be provided by third parties, and you acknowledge and agree that we are not responsible for the accuracy or reliability of any such content.

We may also disclose your information, including personal information, to law enforcement, government agencies, or other third parties if we are required to do so by law or if we believe in good faith that such disclosure is necessary to protect our rights, property, or the safety of our users or the public. You acknowledge and agree that we have the right to make such disclosures as defined in our Privacy Policy.

Prohibited Actions

By accessing and using the Application, you agree to comply with all applicable laws and regulations, as well as these Terms. You also agree not to engage in any of the following prohibited actions:

• Using the Application for any illegal, fraudulent, or unauthorized purposes.
• Infringing on the intellectual property rights, privacy rights, or any other rights of any third party.
• Misrepresenting your identity or affiliation with any person or organization.
• Tampering with, hacking, or attempting to access any unauthorized areas of the Application.
• Interfering with the operation of the Application or its servers or networks.
• Transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
• Impersonating another person or entity, or otherwise attempting to mislead others about your identity or affiliation.
• Using the Application in a manner that could damage, disable, overburden, or impair the Application or its servers or networks.
• We reserve the right to investigate and take appropriate legal action against anyone who engages in any of the prohibited actions, including without limitation, reporting such activity to law enforcement authorities. You acknowledge and agree that we are not responsible for any damages or losses resulting from your violation of these restrictions, and that you will indemnify and hold us harmless from any claims arising from your violation of these restrictions.

MetricsDAO Legal Entity Standing

MetricsDAO Association is a non-stock, non-profit organization incorporated in the state of Delaware, United States of America. As a non-profit organization, MetricsDAO is not organized for the profit or financial benefit of its members, directors, or officers.

Nothing in these terms and conditions shall be deemed to create any relationship of agency, partnership, joint venture, or any other form of association between MetricsDAO and any user of the Application.

Not Financial Advice

We do not offer financial advice and our partnerships and collaborations are not a representation of financial advice. Any information provided on our website or through our services should not be considered financial advice and should not be relied upon as such. We encourage you to seek the advice of a qualified financial professional before making any financial decisions.

Non-Custodial and Non-Fiduciary

We do not provide custody, possession, or control of your wallets or digital assets. The user is solely responsible for the security and proper use of their wallet, including but not limited to keeping their wallet password and private keys secure and not sharing them with any third parties. The web3 application and its developers provide no warranty or guarantees and shall not be held responsible for any losses or damages resulting from the user's failure to properly secure and manage their wallet.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

Compliance and Tax

By accessing and using the app and its features, including the ability to earn money through MetricsDAO, the user agrees to comply with all applicable local legal and tax laws and regulations. The user is solely responsible for complying with any tax and legal obligations related to their use of the app and any earnings generated through it. The app and its developers shall not be held responsible for the user's failure to comply with local laws and regulations.

Risk

By using our app, the user acknowledges that they are sufficiently comfortable with blockchain-based technology and the implications of using digital assets and wallets. The user understands that smart contract interactions are not reversible and are public record, and that funds locked in a smart contract are not accessible or withdrawable until the contract deems the recipient and amount appropriate. The user also understands the inherent risks of bridging blockchain assets across different blockchains, and accepts that issues may arise in doing so. You expressly understand and agree that your use of the Interface is at your sole risk.

In summary, the user acknowledges that the app and its developers are not responsible for any of the variables or risks associated with accessing and using the app, and cannot be held liable for any resulting losses. The user understands and agrees to assume full responsibility for all of the risks of accessing and using the app to interact with the underlying protocol.

Partners and Marketing and Collaboration

The application and website may include links to third-party partners and services that are not owned or controlled by the app or website. The user acknowledges and agrees that the app and its developers are not responsible for any content or information shared by these partners and services. The app and its developers do not monitor or approve third-party hosted content, and shall not be held liable for any implications of financial advice provided by such partners or services. Third party partners and marketing collaboration is not an indication of financial advice.

By using the app or website, the user expressly relieves the app and its developers of any and all liability arising from their use of any third-party resources or participation in any promotions offered by these partners or services.

Release of Claims

You expressly agree that you assume all risks in connection with your access and use of the Interface. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[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."

Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Interface with your assistance or using any device or account that you own or control. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

No Warranty

The Interface is provided on an "AS IS" and "AS AVAILABLE" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.

Similarly, the Protocol is provided "AS IS", at your own risk, and without warranties of any kind. Although we contributed to the initial code for the Protocol, we do not provide, own, or control the Protocol, which is run autonomously by smart contracts deployed on various blockchains. Upgrades and modifications to the Protocol are generally managed in a community-driven way. No developer or entity involved in creating the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE INTERFACE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE INTERFACE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to privacy@metricsdao.xyz so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.

Any claim or controversy arising out of or relating to the Interface, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in Boston, Massachusetts, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Class Action and Jury-Trial waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

Governing Law

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the State of New York, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of New York. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of New York County, New York are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

Updates to these Terms

If we make material changes to the Terms & Conditions we will notify you via the application.

By using the services you acknowledge periodic review of all MetricsDAO terms and indicate your consent to them.

These Terms

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.