Darwin Docs

Disclaimer

Comprehensive Risk, Legal & Disclosures Statement

Comprehensive Risk, Legal & Disclosures Statement

1) Extreme Risk; Possible Total Loss

PARTICIPATION IN OR INTERACTION WITH THE PROTOCOL, TREASURY, GAMES, TOKENS, OR ANY RELATED MECHANISMS IS HIGHLY SPECULATIVE AND INVOLVES A HIGH RISK OF LOSS. YOU CAN LOSE ALL AMOUNTS CONTRIBUTED, AND THERE IS NO ASSURANCE OF PROFIT, RETURN, LIQUIDITY, OR RECOVERY. DIGITAL ASSET VALUES CAN DROP TO ZERO, MARKETS MAY DISAPPEAR, SMART CONTRACTS CAN FAIL, AND UPGRADES OR FORKS CAN BREAK INTEGRATIONS. IF YOU ARE NOT PREPARED TO LOSE 100% OF YOUR FUNDS, DO NOT PARTICIPATE.

2) Informational Only; No Professional Advice

All materials are provided strictly for general informational and educational purposes. Nothing herein is, or should be relied upon as, investment, legal, accounting, tax, financial planning, or other professional advice. You must seek advice from your own qualified, licensed professionals before making decisions.

3) No Offer; No Solicitation; No Marketing to Restricted Persons

This document is not an offer to sell or the solicitation of an offer to buy any security, commodity interest, derivative, or other regulated product, and is not a prospectus, offering memorandum, advertisement, or financial promotion. No regulator has reviewed, approved, or endorsed these materials. Access or participation is void where prohibited and limited by applicable law.

3) No Offer; No Solicitation; No Marketing to Restricted Persons

This document is not an offer to sell or the solicitation of an offer to buy any security, commodity interest, derivative, or other regulated product, and is not a prospectus, offering memorandum, advertisement, or financial promotion. No regulator has reviewed, approved, or endorsed these materials. Access or participation is void where prohibited and limited by applicable law.

3) No Offer; No Solicitation; No Marketing to Restricted Persons

This document is not an offer to sell or the solicitation of an offer to buy any security, commodity interest, derivative, or other regulated product, and is not a prospectus, offering memorandum, advertisement, or financial promotion. No regulator has reviewed, approved, or endorsed these materials. Access or participation is void where prohibited and limited by applicable law.

4) Program Governance; Binding Documents

If you participate, your rights and obligations are governed solely by the operative smart contracts and, as applicable, the Terms of Use and program rules (collectively, the “Governing Documents”). In the event of conflict: (a) on-chain smart contract state controls; then (b) the Governing Documents; then (c) this Statement. You are responsible for reviewing the current versions prior to each interaction; continued use constitutes acceptance.

5) Regulatory Position; No Admissions

The LMS-style game and related mechanics are intended to operate as transparent, deterministic, rules-based mechanisms. However, no representation or warranty is made that regulators will agree with any particular legal characterization. Agencies (including the SEC, CFTC, state securities regulators, state money-transmitter authorities, gambling/sweepstakes regulators, and tax authorities) may assert jurisdiction or contrary positions. Laws evolve rapidly and may change without notice. You bear all regulatory risk associated with your participation.

Securities/Investment Laws: No statement herein is an admission that interests are, or are not, “securities” under U.S. or foreign law. Any analysis under Howey, Reves, or analogous tests is fact-specific and may change over time.

Commodities/Derivatives: No assurance is made as to exemptions from or compliance with CFTC/NFA or foreign analogs.

Money Transmission/EMI: Treasury logic is designed for closed-loop program execution; nonetheless, authorities may view activities as money transmission or similar.

Gambling/Lottery/Sweepstakes: Outcomes are intended to be rule-based and non-random; regulators may still characterize elements as gambling or promotional activity subject to licensing or registration.

6) Eligibility; Sanctions; KYC/AML

You represent and warrant that you: (i) are 21 years of age or older (or the higher age of majority where applicable); (ii) are not located in, organized in, or a resident/citizen of a jurisdiction subject to comprehensive sanctions or embargoes; (iii) are not on any sanctions or restricted-party list (including OFAC, EU, UK, UN, or similar lists); (iv) are not using VPNs, proxies, or intermediaries to circumvent geo-blocks; and (v) will comply with all applicable laws, including AML, CTF, and tax laws. Darwin Vaults LLC or its service providers may implement eligibility gating, geofencing, screening, KYC/KYB, or other controls at any time and may deny, suspend, or terminate access without notice if risk is detected.

7) Custody; Treasury; Program Funds

Where Darwin Vaults LLC or its smart contracts accept or hold assets for program operation and distribution, such assets are held within the program logic solely for rule-based processing per the Governing Documents. There is no broker-dealer, investment adviser, exchange, custodian, bank, trust company, or fiduciary relationship. Funds are not FDIC-insured, SIPC-protected, or insured by any government or private insurer. No rehypothecation or lending is intended; nevertheless, smart contract, key management, and operational risks apply.

7) Custody; Treasury; Program Funds

Where Darwin Vaults LLC or its smart contracts accept or hold assets for program operation and distribution, such assets are held within the program logic solely for rule-based processing per the Governing Documents. There is no broker-dealer, investment adviser, exchange, custodian, bank, trust company, or fiduciary relationship. Funds are not FDIC-insured, SIPC-protected, or insured by any government or private insurer. No rehypothecation or lending is intended; nevertheless, smart contract, key management, and operational risks apply.

8) Technology & Smart Contract Risks

  • Bugs or exploits may exist, including flash-loan attacks, oracle manipulation, or unexpected interactions.

  • Transactions may be reordered or extracted for value by validators, builders, or searchers.

  • Oracles and bridges may fail, de-peg, or produce bad data.

  • Lost, stolen, or compromised keys are irrecoverable. You are solely responsible for wallet security.

  • You pay all network fees. Transactions can fail or remain pending, and fees may still be consumed.

  • Protocol changes, chain splits, validator outages, or governance actions may disrupt or impair functionality.

  • Audits or reviews, if any, reduce but do not eliminate risk.

9) Market, Liquidity & Economic Risks

Digital assets are volatile, may be illiquid, and can lose value rapidly. Secondary markets may not exist. Slippage can be extreme. Simulations and forward-looking models are illustrative only.

10) Program Mechanics; No Performance Promises

All accruals, thresholds, snapshots, eligibility screens, and distributions (including “last-bid,” “pro-rata,” or other mechanics) are executed only if the relevant smart contracts successfully process the transactions on the target chain. No guarantee is made as to timing, settlement, or finality. Darwin Vaults LLC may pause, modify, or terminate features at any time for risk, legal, or operational reasons.

11) Taxes & Reporting

Rewards or distributions may be taxable upon receipt at fair market value; later dispositions can result in capital gains or losses. You are solely responsible for record-keeping, reporting, and paying all taxes that may arise from your activities.

12) Conflicts; No Fiduciary Duties

No fiduciary, advisory, brokerage, custodial, or trust relationship exists among participants, Darwin Vaults LLC, contributors, service providers, or affiliates. Affiliates may hold related assets, provide liquidity, or otherwise benefit from protocol design or market outcomes. By participating, you waive any claim that such relationships impose fiduciary duties.

13) Data, Privacy & Communications

Network addresses and on-chain data are public. Off-chain services may log metadata. Only statements incorporated into, or expressly referenced by, the Governing Documents should be relied upon. Do not rely on social media or informal statements. Darwin Vaults LLC and contributors will never request your private keys or seed phrases.

14) Third-Party Content & Tools

Charts, prices, forecasts, and third-party links are provided “AS IS.” Third-party tools may be inaccurate or unavailable. Use them at your own risk.

15) No Warranties; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARWIN VAULTS LLC, CONTRIBUTORS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL THEY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. DIRECT DAMAGES, IF ANY, ARE LIMITED TO AMOUNTS YOU CONTRIBUTED TO THE SPECIFIC SMART CONTRACT FUNCTION AT ISSUE DURING THE 30 DAYS PRECEDING THE CLAIM.

16) Indemnification

You agree to defend, indemnify, and hold harmless Darwin Vaults LLC, contributors, and affiliates from and against all claims, liabilities, damages, losses, and expenses arising out of your participation or violation of law.

17) Suspension; Termination; Access Controls

Access may be gated, suspended, or terminated at any time for risk, maintenance, legal, sanctions, security, or integrity reasons. Certain regions or persons may be blocked outright.

18) Force Majeure

Darwin Vaults LLC and contributors shall not be liable for any delay or failure caused by events beyond reasonable control, including power outages, cyber incidents, war, or legal changes.

19) Forward-Looking Statements; No Duty to Update

References to potential features, integrations, or performance are forward-looking and subject to risk. Actual outcomes may differ materially.

20) IP; License

All intellectual property in these materials and related software is reserved. No license or right is granted except as expressly provided in the Governing Documents.

21) Governing Law; Dispute Resolution

This Statement and any dispute arising out of participation shall be governed by the laws of the State of Washington.

  • Arbitration: Any dispute shall be resolved by binding arbitration under the AAA Commercial Arbitration Rules in Seattle, Washington.

  • Class Action Waiver: You agree to bring claims solely in your individual capacity.

  • Jury Trial Waiver: To the extent permitted by law, you waive any right to a jury trial.

22) Severability; Entire Agreement; Assignment; No Waiver

If any provision is held invalid or unenforceable, the remaining provisions remain in full force. The Governing Documents constitute the entire agreement. Rights may be assigned by Darwin Vaults LLC to an affiliate or successor.

23) Localization; Conflicts Between Versions

Translations are for convenience only. The English-language version controls.

24) Updates; Version Control

This Statement may be updated at any time. Continued participation after updates constitutes acceptance.

Acknowledgments

By proceeding, you affirm that you understand and agree that:

  • You may lose all amounts contributed; there is no guarantee of profit, liquidity, or recovery.

  • The legal and regulatory status is uncertain and may change.

  • No professional advice is provided; you have consulted your own licensed advisors.

  • You meet all eligibility, age, and sanctions requirements.

  • You alone are responsible for wallet security, taxes, and compliance.

  • Smart contract, oracle, bridge, and market risks are real and may cause loss.

  • The Governing Documents and smart contracts control outcomes and may be modified, paused, or terminated for risk or compliance reasons.