Terms of Service
Last updated: Januar 18, 2025
Welcome to NewEra Finance!
These Terms of Service ("Terms") exclusively govern your use and access of the NewEra Finance decentralized exchange interface ("Interface", "DEX", "App"). The Interface provides a non-custodial, decentralized cryptocurrency exchange that allows users to trade various digital assets across multiple blockchain networks. The Interface software is developed and maintained by NewEra Finance Ltd., a Costa Rica corporation.
Please read these Terms carefully. By accessing or using the Interface, you agree to be bound by these Terms as well as NewEra Finance Privacy Policy. These Terms outline approved uses of the Interface, various licenses that we grant to you, and licenses that you grant us. If you do not agree to these Terms, do not use or access the Interface.
To make these Terms easier to read:
NewEra Finance Ltd. is referred to as "NewEra Finance", "we", "us" or "our".
"You" and "your" refers to anybody who accesses or uses the Interface. If you are accessing or using the Interface on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms and, in that case, "you" and "your" will refer to such entity.
IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE INTERFACE, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND NEWERA FINANCE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 9 BELOW FOR DETAILS REGARDING ARBITRATION. YOU ARE ALSO WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. The Interface
1.1. Products and Features.
The Interface integrates decentralized protocols and offers you access to numerous liquidity sources across multiple chains. We only provide you with access to the relevant interface and software and neither have control over your interactions with the blockchain nor encourage you to perform any. Any interaction performed by you via the Interface remains your sole responsibility.
1.2. Non-Custodial Service.
NewEra Finance is a non-custodial decentralized exchange, which means:
We never take custody or control of your digital assets
We do not store, hold, or have access to your private keys
All trades occur directly on the blockchain through smart contracts
You maintain full control of your digital assets at all times
We cannot initiate, cancel, or modify transactions on your behalf
We cannot recover or help you recover lost private keys or digital assets
1.3. Not a Broker or Investment Advisor.
NewEra Finance is not a broker, financial institution, or investment advisor. We do not provide any investment advice, recommendations, or guidance regarding any digital assets or cryptocurrencies. We do not endorse, recommend, or promote any specific digital assets, tokens, or cryptocurrencies. Any information provided through the Interface is for informational purposes only and should not be construed as financial or investment advice.
1.4. Blockchain Networks Transactions.
In order to be completed, all transactions with cryptocurrency, digital tokens or digital assets ("Virtual Currency") must be confirmed and recorded in the associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Blockchain Networks and, therefore, cannot and do not ensure that any transaction details that you submit via the Interface will be confirmed and processed.
2. Eligibility
2.1. General.
You may not use the Interface if you are barred from using the Interface under applicable law. You may not use the Interface if you are under 18 (eighteen) years old.
2.2. Legality.
You are solely responsible for following all laws and regulations applicable to you and your use or access of the Interface. If your use or access of the Interface conflicts with any applicable law, rule or regulation, you may not use the Interface.
2.3. Sanctions Compliance.
You confirm that you are not subject to economic or trade sanctions administered or enforced by any governmental authority; or otherwise, you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations, including without limitation:
The U.S. Office of Foreign Asset Control Specifically Designated Nationals and Blocked Person List
The UK HM Treasury's Office of Financial Sanctions Implementation's Consolidated List of Financial Sanctions Targets
The EU Consolidated Financial Sanctions List
The UN Security Council Consolidated List
3. Prohibited Localities
NewEra Finance cannot onboard entities or individuals or otherwise provide any services of the Interface to the corporate or individual users located in, established in, or a resident of Algeria, Afghanistan, Bangladesh, Bolivia, Burundi, Central African Republic, China, Crimea Region of Ukraine, Cuba, Democratic Republic of Congo, the so-called Donetsk People's Republic, Eritrea, Guinea, Republic of Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, the so-called Luhansk People's Republic, Mali, Morocco, Myanmar (Burma), Democratic People's Republic of Korea (North Korea), Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, or any other state, country or region that is included in the Sanction Lists.
4. Restricted Persons
NewEra Finance does not onboard entities or individuals which have been previously classified or otherwise identified by international organizations or any state and/or governmental authorities of any jurisdiction, as belonging or affiliated with the persons specially designated or otherwise included in the Sanction Lists, as defined above ("Restricted Persons"). For the purposes of these Terms, Restricted Persons shall also include all persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the Prohibited Localities.
5. Account Suspension and Termination
NewEra Finance reserves the right to suspend, terminate, or restrict your access to the Interface, without prior notice or liability, if we determine, in our sole discretion, that:
You have violated these Terms or any other applicable policies
You are engaged in suspicious or non-compliant activities
You are located in a Prohibited Locality or are a Restricted Person
Your use of the Interface poses a security risk
Your use of the Interface may expose NewEra Finance or other users to harm
We are required to do so by law or in response to a legal request
6. Risk Assessment
6.1. Compliance Assessment.
We may use publicly available information, as well as Third-Party Services, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats. Such risk assessment services may be provided by various third-parties.
NewEra Finance reserves the right, but has no obligation, to use publicly available and accessible information and Third-Party Services to monitor and assess wallet addresses, transactions, and other activities for the risks of money laundering, terrorism financing, fraud and/or any other illicit activities.
7. Fees
7.1. Blockchain Network Fees.
You agree to bear all costs necessary to conduct a transaction, such as "gas" cost on various blockchain networks, for the computational resources required to perform a transaction. We will try to provide you with accurate estimates of these charges for your information, but this information is highly volatile and can change quickly.
7.2. Protocol Fees.
The Interface may include fees charged by liquidity providers and other protocol participants. These fees are transparently displayed before you confirm any transaction.
8. Disclaimers
You expressly understand and agree that your use of the Interface is at your sole risk. The Interface is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.
We are not responsible for:
Any losses or damages associated with your use of the Interface
The accuracy of any information displayed through the Interface
The execution or failure of any transactions
The security of your private keys or digital assets
Any errors or technical issues with the Interface
9. Arbitration
Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Centro de Conciliación y Arbitraje de la Cámara de Comercio de Costa Rica (CCA) in accordance with its International Arbitration Rules in effect at the time of filing the request for arbitration.
The arbitration shall:
Be conducted in English
Take place in San José, Costa Rica
Be heard by a single arbitrator, unless the amount in controversy exceeds US$1,000,000, in which case it shall be heard by three arbitrators
Follow the fee schedule established by the CCA for international arbitration, which includes:
Initial filing fee of US$1,000
Administrative fees based on the amount in dispute
Arbitrator fees based on the amount in dispute and complexity of the case
Class Action Waiver:
You and NewEra Finance agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you and NewEra Finance expressly waive any right to file a class action or seek relief on a class basis.
10. Limitation of Liability
To the maximum extent permitted by law, in no event will NewEra Finance (or our affiliates) be liable to you or any third party for:
Any financial loss, lost profits, or lost data
Costs of procurement of substitute products
Any indirect, consequential, exemplary, incidental, special or punitive damages
Any damages arising from or relating to these Terms or your use of, or inability to use, the Interface
Any disruption or delay in the performance of the Interface
Errors, inaccuracies, or omissions in the content
Personal injury or property damage arising from your use of the Interface
Unauthorized access to our secure servers or databases
Interruptions or functional issues related to the Interface
Transmission of bugs, viruses, or harmful code through the Interface
Loss or damage resulting from the use of content available via the Interface
The offensive, illegal, or inappropriate conduct of third parties
Access to, and use of, the Interface is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
11. Indemnification
You agree to defend, indemnify, and hold harmless NewEra Finance and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms
Your use of the Interface
Your violation of applicable laws or regulations
Your violation of any rights of another person or entity
Any content or information you submit, post, or transmit through the Interface
Any transactions you conduct through the Interface
Any unauthorized access to or use of the Interface using your credentials
12. Changes to Terms
We may modify these Terms at any time by posting an updated version. Your continued use of the Interface after any modifications indicates your acceptance of the modified Terms.
13. Legal Entity Information
NewEra Finance Ltd. is a corporation duly organized and existing under the laws of Costa Rica.
14. Contact Us
If you have any questions, claims, complaints or suggestions, please contact us at [email protected]
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