These Terms and Conditions as may be updated from time to time (the “Terms and Conditions”) govern the terms upon which Lobster (as defined below) shall supply You (the “User”) with the Services (as defined below).
Please read these Terms and Conditions before You use the Services. These Terms and Conditions tell You who we are, how we will provide the Services to You, how You and we may change or end the contract, what to do if there is a problem and other important information.
These Terms and Conditions are concluded between :
TLM SOLUTIONS, a French société par actions simplifiée, having its registered office at 6, rue des Bateliers, 92110 Clichy (France), and registered at the Trade and Companies Register of Nanterre under number 918 119 793, owner of the “Lobster” brand (“Lobster”);
and the User, a natural person or legal person, acting in the capacity of professional or consumer, who (i) visits or uses Lobster’s web application accessible via the website [main website url] (the “Website”) or directly at the url www.lobster-protocol.com (the “Application”) published by Lobster and/or (ii) uses the Services that are offered therein, such as those defined in the article entitled “Definition” of these Terms and Conditions.
By utilizing the Services, You acknowledge and agree that You have read this document and that You agree to be bound by it.
Users should carefully consider whether their personal situation and the financial risks they are willing to take by using Lobster’s Services such as defined in the Article “Description of the Services”. Users may want to speak to an independent financial or legal adviser.
Lobster and the User are hereafter individually referred to as a “Party” and jointly referred to as the “Parties”.
Please visit the Website and the Application and read all the sections for Yourself. The Website and the Application provide a non-binding description of the Services that will be offered by Lobster.
In addition to the terms defined elsewhere in these Terms and Conditions, capitalized terms will have the meanings indicated below, whether in the singular or plural.
Algo N – means an algorithm deployed by Lobster whose purpose is to generate a list of commands using data from third-party data providers (the“Data Providers”), among which Coinmarketcap (https://coinmarketcap.com/rankings/exchanges/) and Debank (https://debank.com/), to be executed indirectly via a set of Smart Contracts on the digital assets contained in the Vault N. Once deployed, an Algo N is immutable and cannot be modified by Lobster.
Application – means the application available at app.lobster-protocol.com on which You can access the Services. Blockchain – a decentralized and distributed digital ledger technology that records transactions across multiple computers in a secure and immutable manner. It operates as a chain of blocks, where each block contains a batch of transactions, and each new block is linked to the previous one using cryptographic hashes.
DeFi – means Decentralized Finance, i.e., a financial system built on Blockchain technology that aims to provide open and accessible financial services, such as lending, borrowing, trading, and more, without relying on traditional intermediaries like banks.
DHedge – means the DeFi platform (https://dhedge.org/) operating on Blockchain technology, known for its capability to create vaults, such vaults being specialized investment pools based on the following parameters:performance fees, trader whitelist, deposit token, receipt token and whitelisted protocols.
Vault N – means a Smart Contract, acting as a vault, linked to one Strategy N and either to (i) whitelisted Users (a “Private Vault N”) orto (ii) a group of Users, either whitelisted or non-whitelisted (a “Public Vault N”). The digital assets contained in the Vault N can only be moved indirectly by the Algo N. Vaults N can only interact with DeFi protocols that have been whitelisted by Lobster – as of today, Uniswap (https://uniswap.org/),1Inch (https://1inch.io/) and Aave (https://aave.com/) are the only whitelisted protocols, but they may vary over time. A Vault N can only receive a certain type of digital assets (e.g.,USDC). As of today, Vaults N are powered by the external service provider DHedge, but Lobster may elect another service provider in the future.
Fees – has the meaning ascribed to it in Article 4. Lobster – means Lobster, and “Us”, “We”or “Ours” in these Terms and Conditions.
Lobster – means Lobster, and “Us”, “We” or “Ours” in these Terms and Conditions.
Receipt Tokens – has the meaning ascribed to it in Article 3.2. Services – means the services that may be provided by Lobster,as described in Article 3.
Smart Contract – means a self-executing digital agreement that automatically enforces and carries out the terms of a contract when predefined conditions are met, without the need for intermediaries.
Strategy N – means an investment strategy implemented by Lobster and linked to a set composed of an Algo N and one or several Vaults N. For each new Strategy N, new Algo N and Vaults N are created.
User – means You, and “You”, “Your”, “Yours”.
User’s Wallet – means the non-custodial Wallet, i.e., whose cryptographic private key is owned only by the User, e.g., Metamask (https://metamask.io/), used to deposit digital assets into a Vault N. For the avoidance of doubt, Lobster does not offer any solution for generating Wallets or keeping their cryptographic private keys.
Wallet – means a software application or service that allows Users to manage their cryptocurrencies, interact with decentralized applications, and securely store their cryptographic keys. Each Wallet has a cryptographic privatekey which allows its owner to access the digital assets in the Wallet, and a cryptographic public key or public address which is the address of the Wallet that must be shared in order to receive digital assets.
Website – means the website available at www.lobster-protocol.com
Unless the context of these Terms and Conditions otherwise requires:
- words of any gender include all other genders;
- words using the singular or plural also include the plural or singular respectively;
- the terms “hereof”, “hereby”,“hereto” and derivatives of similar words refer to this entire document;
- the word “including”shall mean “including without limitation”.
Lobster has developed the Website and the Application through which it presents the Services that it offers.
The Website and the Application are also intended to provide Users with information in order to discover the activity of Lobster, its news (events, publications, etc.) and tutorials to guide them in their use of the Website. They also propose features and/or information that enable the Users to contact Lobster.
These Terms and Conditions define the Application access conditions, as well as the conditions of its use and of the online content offered therein, as well as of its features. These Terms and Conditions also govern the delivery of Services to the User in return for the User’s compliance with the obligations and guarantees stipulated in these Terms and Conditions.
It is specified that these Terms and Conditions are the only contractual documents enforceable against Lobster, thereby excluding any other document (prospectus, summary information document, presentation of Services, etc.) that are only for information and non-contractual purposes, and to the exclusion of all other possible conditions of service, sale or purchase of the User that can in no way be enforceable against Lobster.
Any User accessing the Application is required to read these Terms and Conditions, which can be accessed and downloaded via the “Terms and Conditions” section on all pages of the Application and must respect the terms thereof.
The Terms and Conditions and the content of these sections can also be communicated by Lobster by e-mail upon request by the Userto contact@lobster-protocol.com
These Terms and Conditions are formally accepted by the User when (i) accessing the Application and (ii) using the Services.
Lobster reserves the right to adapt or modify these Terms and Conditions at any time, without notice. Any new version posted online will prevail over any previous version, notably printed or saved in digital or paper format by the User. The User is therefore invited to review and read these Terms and Conditions on a regular basis. The applicable version of the Terms and Conditions is the one accessible online while the User is visiting and using the Application.
Your continued use of the Application after any such changes, with or without having explicitly accepted the new Terms and Conditions, shall constitute Your consent to such changes.
If You do not agree to such changes, You have no right to obtain information, use the Services, or access to the Application and must immediately cease use of it.
Users declare and acknowledge to remain responsible for verifying regularly these Terms and Conditions in their current and in effect version from time to time, an up-to-date version of which may be retrieved atany time on the Application.
The User who does not wish to accept the new Terms and Conditions can repudiate them and stop using the Services, under the conditions indicated below.
You understand and agree that We may discontinue or restrict Your use of the Application at any time for any reason or no reason with or without notice and without reference to You and there is no right of appeal.
We reserve the right to restrict Your access from engaging with the Services. You agree that we have the right to restrict Your access to the Services via any technically available methods if we suspect, in our sole discretion, that (a) you are using the Services for money laundering or any illegal activity; (b) you have engaged in fraudulent activity; (c) you have acquired digital assets using inappropriate methods, including the use of stolen funds to purchase such assets; (d) you are the target of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction; (e) either you, as an individual oran entity, or your User’s Wallet address is listed on the Specially Designated Nationals and Blocked Persons List (“SDN List”), Consolidated Sanctions List(“Non-SDN Lists”), or any other sanctions lists administered by OFAC; (f) you are located, organized, or resident in a country or territory that is, or whose government is, the subject of sanctions, including but not limited to Cuba,Belarus, Iran, Iraq, Liberia, North Korea, Sudan, and Syria; or (g) you have otherwise acted in violation of these Terms and Conditions. If we have a reasonable suspicion that you are utilizing the Application for illegal purposes, we reserve the right to take whatever action we deem appropriate.
These Terms and Conditions are concluded for an indefinite period.
The User acknowledges her/his awareness of the nature,purpose and characteristics of the Application and Services, as well as of the prerequisites for their use. S/he acknowledges having requested and obtained all necessary information, notably with regard to the quantitative and qualitative characteristics of the Services, enabling her/him to assess the suitability of the Services for her/his needs and to enter into the Terms and Conditions with full knowledge of the facts. The User is solely responsible for the choice to use the Application and the Services so that the responsibility of Lobster cannot be pursued in any way in this respect.
Lobster’s purpose is to offer its Users a secured technical infrastructure for them to subscribe to an autonomous investment strategy (a “Strategy N”) by depositing digital assets into decentralized Smart Contracts, actingas vaults (the “Vaults N”), indirectly managed by autonomous algorithms (the“Algo N”) in order to generate financial returns.
3.1 User onboarding – Connection of the User’s Wallet
In order to benefit from the Services, each User must connect her/his User’s Wallet to the Application.
Once her/his User’s Wallet is connected to the Application,each User chooses the Strategy N s/he wants to invest in among the Strategies N displayed on the Application.
The User can then choose among the Vaults N available to her/him within the chosen Strategy N, i.e., Public Vaults N or, as the case may be, Private Vaults N. S/he will then receive the Vault N’s cryptographic public address which is communicated to her/him via the Application.
3.2 Deposit of digital assets in the Vault N
The User can deposit (the “Deposit”) a number of digital assets in the Vault N, in exchange of what s/he receives a number of digital assets representing the ownership in the assets held by the concerned Vault N(the “Receipt Tokens”). The Deposit cannot be made in any type of digital asset as a Vault N can only receive a specified type of digital assets (e.g., USDC). Under no circumstance can the Deposit be made in fiat currency.
At the time of the creation of the Vault N, i.e., for the first User to make a Deposit in a given Vault N,the ratio between the deposited digital assets and the Receipt Tokens is of one-to-one.
The value of the Receipt Tokens vary over time according to the performance of the concerned Strategy N, allowing the Users to follow the value of their investment. The Application displays the User’s Receipt Tokens’ value in fiat currencies (USD).
3.3 Implementation of a Strategy N
After analysing data from the Data Providers, the Algo N automatically creates a list of commands to be executed by a set of Smart Contracts on the digital assets contained in the Vault N.
As of today, the commands that can be issued by the AlgoN are the following:
- add/withdraw collateral on Aave;
- borrow/reimburse on Aave;
- swap on 1Inch or Uniswap; and
- add/withdraw liquidity on Uniswap in order to earn fees from such DeFi protocols.
Those commands may vary over time.
For the avoidance of doubt, the orders are automatically generated by the Algo N, meaning that Lobster does not directly decides of the trades to be executed on the digital assets contained in the Vault N. The Vault N keeps a record of positions of the User to calculate the value of the Receipt Tokens.
3.4 Exit of a Strategy N
Once a User of the Application wants to unsubscribe from a Strategy N, s/he can send backher/his Receipt Tokens to the concerned Vault N and receives in exchange her/his initial deposited tokens (e.g., USDC) which quantity is increased or diminished based on the performance of the concerned Strategy N according to the value of the Receipt Token at the time of the exit.
A User cannot exit a Strategy, i.e., give backher/his Receipt Tokens to the concerned Vault N, less than twenty four (24)hours after the Deposit.
3.5 Right of withdrawal
The User acknowledges and agrees that upon use of the Services, no refunds and/or cancellations are permitted unless agreed in writing by Lobster.
− Professional Users.Professional Users do not benefit from the consumer's right of withdrawal.
− Consumer Users. You expressly acknowledge that the Use of the Services is to be carried out immediately. Therefore, under these Terms and Conditions, Users that are customers expressly waive their right of withdrawal, should such right exist,and give their express consent for the execution of the Terms and Conditions and the Services before the end of the right of withdrawal, the Terms andConditions are definitively concluded as soon as the present Terms and Conditions are accepted by the User.
Lobster – in its sole discretion – may examine on a case-by-case basis any requests in order to satisfy Users.
3.6 New Services
Lobster will be able to widen its range of Services byreleasing new services on the Application. These new services are deemed to be an integral part of the Services as defined in the Article “Definitions” of these Terms and Conditions and will be governed by these Terms and Conditions. Unless otherwise indicated, the new Services may be used by the User as soon as they are effectively available on the Application.
3.7 Evolution of the Services
To the maximum extent permitted by law, Lobster may, atany time and without notice, develop, improve or adapt the Application and theServices, and more generally the services offered, in view of an improvement for example of the features offered on the Application or within the framework of the Services. This may include the roll-out of update(s), new version(s),new services or other services, or the removal of existing Services.
In case of definitive discontinuation of an existing Service, Lobster will take reasonable endeavours to notify the Users of this change with reasonable notice, and to provide them with alternative solutions (e.g.,alternative transactions, transfers to a third-party service, etc.). In case of definitive discontinuation of all Services, Lobster will proceed with the termination hereof.
Moreover, Lobster may at any time and without notice complete or modify the Application, its content and the Services available through it, according to the evolution of technologies. As relevant, the User must ensure that her/his computer/phone resources are suitable for the changes of the Application and the Services.
In exchange for the Services described above, Lobster shall charge the following fees (the “Fees”):
- a deposit fee of 0.45 % of the amount deposited (once per deposit);
- a management fee of 3% per year of the amount managed by the strategy .
The Fees shall be automatically deducted from the global value of the Vault N, on regular basis.
3.1 User Acknowledgments
You represent and warrant that You fully understand and have significant experience of digital assets, Blockchain systems and Services,and You fully understand the risks associated with the trading of digital assets and digital assets as well as the mechanics related to the use of such digital assets and digital assets (including with respect to their storage and exchange).
You acknowledge that trading markets are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You represent and warrant that You are not entering into transactions that are above Your financial abilities. Also, digital assets are not suitable for people without the relevant knowledge and/or experience. You further represent and guarantee that You are aware of the risks related to digital assets, for which You are solely responsible and liable.
The User acknowledges and agrees that there are risks associated with purchasing digital assets, owning digital assets, and using digital assets for the provision or receipt of Services of Lobster, especially regarding the digital assets sent in the Vault N during the Deposit. By using the Services, the User expressly acknowledges and assumes these risks. The Users acknowledges and agrees that s/he understands that s/he may lose some of or all of her/his funds using the Services.
The User acknowledges and agrees that s/he has sufficient understanding and knowledge of the technical and business matters(including those being developed by Lobster, e.g., Vaults N) to understand the Services and to appreciate the risks and implications of using them. The User acknowledges and agrees that s/he is aware that digital assets operate in a network without intermediaries and do not benefit from legal tender, unlike currencies issued by central banks. Their value is not guaranteed and depend on unregulated markets. There is no guarantee of liquidity with respect to the digital assets as well as the existence of a secondary market.
The User acknowledges and agrees that as of today, Vaults N are developed thanks to an external provider over which Lobster has no control. As of today, this external provider is DHedge. As a consequence, Lobster shall not be held liable for any bugs, glitches, malfunctions, or other technical issues that may arise due to the use of the Vaults N.
5.2 Further Legal Warnings
No legal guarantee ofconformity applies to the Services and to these Terms and Conditions.
5.3 Risk Factors
You represent that You have read, understood and agreed to all the risk factors attached as Appendix to these Terms and Conditions.
You hereby agree that by using the Services, You warrant and represent the following to be true:
You are of sound mind and have the requisite power and authority to understand and agree to these Terms and Conditions and to carry out and perform the obligations as set out hereunder and that You fully understand English and this English version of these Terms and Conditions.
You are of legal age (i.e., at least 18 years old) and have full legal capacity to enter into commitments under these Terms and Conditions.
In addition, You declare and acknowledge that You are not a US citizen or national or act for a company that is domiciliated in the US or majority owned by US citizens or US companies, nor any other country subject to further sanctions and/or AML risks, such as: Afghanistan, Albania, Angola, Azerbaijan, Bosnia and Herzegovina, Bahamas, Barbados, Burma, Botswana, Burkina Faso, Burundi, Cayman Islands, Cambodia, Cameroon, Crimea, Luhansk or Donetsk (Ukraine), Chad, China, Congo, Congo (Democratic Republic), Cuba, Ethiopia, Eritrea, Fiji, Palau, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Jordan, Lao people Democratic Republic, Liberia, Libya, Madagascar, Malia, Mozambique, Nicaragua, Uganda, Nigeria, Korea North, Pakistan, Panama, Puerto Rico, American Samoa, Senegal, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Venezuela , Yemen, Zimbabwe.
The funds You provide, including any digital assets, have not been derived from or related to any unlawful activity including but not limited to money laundering, terrorist financing and furthermore You agree that You will not use the Application or Services for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes.
Lobster reserves the right to terminate Your use thereof should You use or attempt to use the Application or Services for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes.
You will only use the Application for Your personal and sole use and will not resell it to a third party. Notwithstanding the above, You can use the Application for third parties who have expressly authorized You to manage or utilize their funds. This is permissible as long as Your use of the Application aligns with the authorization granted by these third parties and does not violate any terms of agreement with them.
You will not authorise others to use Your User’s Wallet in order to use the Services.
You will not assign or otherwise transfer Your User’s Wallet access rights to any other person or legal entity; You will not use a Wallet that is subject to any rights of a person other than You without appropriate authorisation.
You will not use the Application to cause nuisance, annoyance, or inconvenience.
You will not impair the proper operation of the business of Lobster.
You will not try to harm the business of Lobster in any way whatsoever.
You will keep secure and confidential Your User’s Wallet’s private key.
You hereby note You are solely responsible for Your own tax liability, if any, in relation to the Services which may adversely affect You including but not limited to withholding taxes, income tax, VAT, CGT or other applicable taxes.
You hereby note that You have sole responsibility for the acquisition, appreciation or depreciation of the value of the digital assets related to the Services.You will hold a suitable online or offline User’s Wallet or storage mechanism to support the digital assets related to the Services.
To the maximum extent permitted by law and any regulatory provisions to which We are subject to, You acknowledge and agree that the entire risk arising out of Your use of the Services is entirely Yours and remains with You at all times, before, during and after such risk may apply.
The User will be liable for the obligations incumbent on her/him under these Terms and Conditions in accordance with the general rules applicable.
Lobster can be held liable for faulty execution or non-execution of its obligations in compliance with these Terms and Conditions only in case of Lobster’s proven fault.
Moreover, Lobster can be held liable only for direct (but not indirect) damages incurred by the User because of a failure of Lobster to meet the obligations incumbent upon it pursuant to these Terms and Conditions. On the other hand, Lobster can in no case bear liability for indirect damages caused to the User. Moreover, Lobster can only, except for gross negligence or wilful misconduct, be held liable against the User for foreseeable damage.
Lobster shall not bear any liability for any failure or delay in the performance of its obligations under these Terms and Conditions if such delay or failure to perform is due to the fault of a third party, such as the one powering the Vaults N, or any Force Majeure, for the purpose of these Terms and Conditions, Force Majeure shall be defined as any act, omissions, cause or circumstance beyond the reasonable control of Lobster, this to include without any limitations: acts of god, war, national emergency, protests or rebellion, civil commotion, riots or strikes and any form of industrial dispute (whether or not involving either party’s work force), earthquake, flood, drought, epidemic, fire, explosion, act of terrorism, or any other act ordered by any government, council or constituted body.
Lobster cannot be held liable in case of abnormal use, which includes a use not in conformity with these Terms and Conditions, or fraudulent or illicit use of the Application or Services by the User and more generally for any non-compliance with these Terms and Conditions by the User.The User should always ensure the security of its User’s Wallet.
For the avoidance of doubt, Users shall not transfer her/his User’s Wallet’s private cryptographic key to Lobster which does not, under any circumstance, provide custody service for the Users’ Wallets.Lobster will not be liable, under any circumstances, for any loss or damage incurred by the User in respect of any breach of security in respect of his User’s Wallet.
Clause applicable to professional Users only. This clause applies only to professional Users. As such, our aggregate liability for any circumstance or event arising out of or in connection with these Terms and Conditions will be limited to, and will in no event exceed the fees paid by a User to use the Services offered by Lobster over the last twelve (12) months. The limitations of damages set forth in this Clause is a fundamental element of the basis of the bargain between Us and You.
Neither We nor any other party involved in the creation, production, or delivery of the Services will be liable, in any way, for any incidental, special, exemplary, legal (reasonable costs) or consequential losses or damages, this to include but not exclusively, loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these Services whether or not they are based on warranty, contract, tort, this to include negligence, product liability or any other such thing, whether or not We have been informed of such matters and the possibility of any such damages or alike, this also, even if a limited remedy set forth and contained in these Terms and Conditions has failed or could fail, because of essential purpose.
Clause applicable to professional Users only. This clause applies only to professional Users. You agree to release,indemnify, and hold Us and Our contractors, sub-contractor, affiliates and subsidiaries and agents and their officers, directors, employees and agents,harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees,arising out of or in any way connected with Your violation of any of these Terms and Conditions.
If You choose to use the Services, You do so entirely at Your own risk and, to the fullest extent permitted by applicable law, subject to the terms contained in this clause.
You acknowledge and agree that we do not have any obligations, whatsoever, or under any circumstances, to conduct any checks not required by applicable law, including but not limited to, background checks, on any User.
We will only make such checks as are required by law or in our opinion reasonably necessary in order to offer the Services.
You hereby acknowledge and agree that the Services as well as the Application are made available ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the same. For the avoidance of doubt, the Vaults N are made available ‘as is’ and ‘as available’, with no warranties of any kind whatsoever.
We make no warranty that the Services, including but not restricted to, any information provided via any communication will meet Your requirements or will be available or made available in an uninterrupted, secure or error-free basis.
We make no warranty in respect of the quality of any content, truthfulness, completeness or reliability of any content obtained through the Application.
No advice or information, whether either oral or in writing, obtained from Us or Our Application will create any warranty expressly or otherwise, herein.
We disclaim any liability for interruption, delay or errors in use and is not liable for any loss whatsoever whether direct, indirect or consequential loss.
Lobster does not guarantee, warrant or represent that any item downloaded from the Internet on this Application is free from viruses. You are explicitly responsible for implementing appropriate procedures, anti-virus protection and software to protect Yourself and Your data. In this regard, Lobster is not liable for any damage caused to Your equipment due to the use of the Application or through material posted on or linked to any Application. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us Your use is entirely at Your own risk.
Lobster bears no responsibility for the success or otherwise of the Services, You hereby acknowledge that the Services are in development stage and therefore Lobster cannot provide any warranty whatsoever in relation to the success or otherwise of the said Services. You as User may lose all amounts invested. The User agrees, understands and assumes all risks in relation to the value of the Receipt Tokens.
The Application may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If You access a third-party website from the Application, You do so at Your own risk, and You understand that these Terms and Conditions do not apply to Your use of such sites. You expressly relieve us from any and all liability arising from Your use of any third-party website, service, or content. Additionally, Your dealings with or participation in promotions of advertisers found on the Application, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers.
You agree that we shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers.The regulatory status of digital assets remains unclear or unsettled in many jurisdictions. Indeed some jurisdictions may implement legislation that will affect the Services, Lobster accepts no liability in relation to regulatory action that may be taken or which may affect Lobster in the future. Furthermore Lobster may cease operations in a jurisdiction which takes regulatory action, changes laws adversely or makes it commercially undesirable to trade in such jurisdiction.
The User acknowledges and agrees that holding Receipt Tokens does not give the User any rights in the form of equity or debt interest in Lobster and/or its affiliates since a digital asset does not represent and shall not constitute an investment in a security or a financial instrument within the meaning of EU Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 relating to markets in financial instruments. Receipt Tokens confer no direct or indirect right to Lobster’s capital or income. They are not proof of ownership or a right of control. Control over them does not grant the controlling individual any asset or share in Lobster, or on the Application. The User rights are strictly limited to those set out under these Terms and Conditions.
The User acknowledges and agrees that to the fullest extent permitted under applicable law, nothing in these Terms and Conditions represents or warrants any form of performance of the Services or any digital asset related to the Services. They are strictly for the use described in these Terms and Conditions.
The User acknowledges and agrees that the User may only access the Application using authorised means. Lobster is not liable if You do not have a compatible device, computer, operating system, browser, or any other software or hardware with which the technology is not compatible. Lobster reserves the right to terminate Your use thereof should You use or attempt to use an incompatible or unauthorised device.
The disclaimers are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Lobster. In the event of a conflict between the Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall take precedence.
Any reference to statute, enactment, order or regulation or other similar instrument made in these Terms and Conditions, shall be construed as a reference or instrument as it is force for the time being taking into account any amendment, extension, application, consolidation or re-enactment and includes all and any subordinate legislations for the time being in-force.
In the event that one or more of these Terms and Conditions or any part thereof being or becoming invalid, illegal or unenforceable in any respect, it shall to the extent of such invalidity, illegality or unenforceability be deemed to be severed and removed and all remaining terms shall remain in full force and effect.
Unless You tell us otherwise, or the law requires otherwise, You agree to receive all communications from us by posting notices to Your account, i.e., via notification appearing on the Application, or via general communication channels, e.g., Telegram, Discord, LinkedIn or X (ex-Twitter). You agree that You are able to print the communications for Your records. You agree that all communications that we send to You electronically satisfy any legal requirement that a communication be in writing.
Other than set out above, any notice to Lobster shall be in writing addressed at its registered office or principal place or business or other such address as may, from time to time have been notified for this particular purpose. Notice shall be deemed to have been received:
- if sent by prepaid first-class post, three (3) days (excluding any non-working day) after posting, this not to include the day of posting;
- if delivered by hand and given into the hand of a responsible person who signs for receipt; or
- if sent by email, delivery is deemed at the time an express non-automated acknowledgement is received from the intended recipient.
We may send You messages directly via Your account. It is Your responsibility to monitor these messages and respond in an appropriate manner.
Lobster draws the attention of the User to the risks inherent in any economic operation involving digital assets. Use of the Services by the User implies acceptance of these risks. In this respect, any financial losses suffered by the User and resulting from the use of the Services will not constitute a situation of unpredictability and will not give rise to the right to take advantage of any legal or regulatory provisions that may be applicable to such a situation, which the User formally acknowledges and accepts. The same applies more generally in the event that the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the Terms and Conditions, even if their execution proves excessively burdensome, with the User agreeing to bear all economic and financial consequences and in this case to waive the possibility of claiming any legal or regulatory provisions that would be applicable to such a situation of unpredictability.
Any waiver of any breach of these Terms and Conditions by Lobster, or any default, under any provision of these Terms and Conditions by the User shall only be valid if agreed in writing. Any further or subsequent breach or default by the User whether similar or otherwise shall in no way affect these Terms and Conditions. Similarly, any failure or delay, by either Party to these Terms and Conditions, to insist upon strict performance of any of the provisions of these Terms and Conditions shall not be construed as a waiver of any of its rights, under these Terms and Conditions.
These Terms and Conditions contains all of the terms which the Parties have agreed to in relation to the use of the Application and use of the Services and the Terms and Conditions supersede any prior written or oral content, agreement, representations or undertakings between the Parties or made by third parties. It is acknowledged by the User that they have not acted, relied on or been induced to enter into the use of the Services by reason of any representations made by or on behalf of Lobster.
Unless otherwise stated, the periods and times indicated in these Terms and Conditions are in calendar days.
Lobster reserves the right to assign our rights and duties under these Terms and Conditions to any person at any time without notice to You, nor will we seek Your approval on any such assignment. Lobster may proceed to a notification to the Users, for information only.
The User acknowledges having been informed in a comprehensible manner, by means of the availability of the present Terms and Conditions, prior to accepting these Terms and Conditions:
- on the essential characteristics of the Services, taking into account the communication medium used;
- on the price of the Services;
- on the terms of payment, supply and performance of the Terms and Conditions;
- the identity of Lobster, its postal and electronic contact details, as well as its activities, if they are not apparent from the context,
- on legal and contractual guarantees and their implementation;
- on the possibility of resorting to conventional mediation in the event of a dispute;
- on the absence of right of withdrawal and other important contractual conditions;
The fact that Users use the Application implies full acceptance of these Terms and Conditions, which is expressly acknowledged by the User, who waive, in particular, the right to rely on any contradictory document, which would be unenforceable against Lobster.
Any User who is a consumer within the meaning of applicable law may, free of charge, refer to the services of a consumer mediator with a view to the amicable resolution of a dispute with Lobster.
The body appointed by Lobster for this purpose is the Mediator of the French Financial Authority (Médiateur de l’Autorité des marches financiers).
In order to contact this body, the User may:
- go to the French Financial Markets Authority’s website: https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-de-mediation/vous-voulez-deposer-une-demande-de-mediation and fill in the online form, enclosing supporting documents; or
- send their complaint by post to the following address: Médiateur de l'Autorité des Marchés Financiers 17, place de la Bourse - 75082 Paris Cedex 02 Tel: 01.53.45.60.00
A dispute may only be examined by the consumer mediator if:
- the User justifies having tried, beforehand, to resolve his dispute directly with Lobster by a written complaint expressly identified as such detailing the reasons for his complaint as well as all the information useful to Lobster to understand, study and appreciate the causes, consequences and incidences of this complaint, and sent by e-mail to: contact@lobster-protocol.com
- the claim is not manifestly unfounded or abusive;the dispute has not been previously examined or is not being examined by another mediator or by a court;
- the User submits his request to the mediator within a maximum of one year from the date of his written complaint to Lobster;
- the dispute falls within the competence of the mediator.
The User will be informed by the mediator of the action taken on his or her request for mediation.
Furthermore, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
These Terms and Conditions shall be governed and construed in accordance with the laws of France.
IN CASE OF DISPUTE AS TO THE INTERPRETATION OR EXECUTION OF THESE TERMS AND CONDITIONS, THE PARTIES WILL MAKE EVERY EFFORT TO FIND AN AMICABLE SOLUTION.
In the absence of an amicable resolution, You acknowledge and accept that in the event of a claim or dispute, they shall be submitted to the exclusive jurisdiction of the competent court of Nanterre.
THESE PROVISIONS RELATING TO THE APPLICABLE LAW AND THE COMPETENT JURISDICTIONS ARE APPLICABLE SUBJECT TO THE IMPERATIVE PROVISIONS THAT WOULD HAVE TO BE APPLIED TO THE USER IN HIS CAPACITY AS A CONSUMER.
These Terms and Conditions may be translated by Lobster or third parties into other languages. The English version will prevail in case of differences arising in translation.
If You have any questions, do not hesitate to contact us using the following e-mail :
contact@lobster-protocol.com
- Risks associated with the blockchain and third party service providers
The digital assets linked to the Services are based on a Blockchain. Therefore, any malfunction, unplanned function or unexpected operation of the said Blockchain may cause the Application or Services to malfunction or operate in a way that is not expected.
Likewise, the Algo N is developed using a third party service provider. Therefore, any malfunction, unplanned function or unexpected operation of this third party may cause the Application or Services to malfunction or operate in a way that is not expected.
In addition, as of today, the Vaults N are developed thanks to a third party. Therefore, any malfunction, unplanned function or unexpected operation of the said third party may cause the Application or Services to malfunction or operate in a way that is not expected.
- Risks associated with the User’s Wallet cryptographic private key
Any third party that obtains access to the User’s private keys may be able to use the User’s digital assets. To minimize this risk, Users must protect themselves against people gaining unauthorised access to their electronic devices.
- Legal risk and risk of adverse regulatory intervention in one or more jurisdictions
The operation of the Services may be impacted by the passing of restrictive laws, the publication of restrictive or negative opinions, the issuing of injunctions by national regulators, the initiation of regulatory actions or investigations, including but not limited to restrictions on the use or ownership of digital assets which may prevent or limit the development of the Services.
Given the lack of digital assets qualifications in most countries, each User is strongly advised to carry out a legal and tax analysis concerning the use of the Services according to the laws applicable to their nationality and place of residence.
- Risk of theft and piracy
Hackers or other malicious or criminal groups or organizations may attempt to interfere with the Application or the availability of the Services in several ways including, but not limited to, denial of service attacks, Sybil attacks, mystification, surfing, malware attacks, or consensus-based attacks.
- Risk of security weaknesses in the Application’s core infrastructure software
There is a risk of weaknesses or bugs into the core infrastructure elements of the Application, thereby interfering with the use of the Services.
- Risk of weakness or exploitable breakthrough in the field of cryptography
Advances in cryptography, or technical advances such as the development of quantum computers, may present risks for digital assets and the Application.
- Liquidity Risk
The exchange of a digital asset for any type of digital asset is not always guaranteed.
- Risk of an uninsured loss
Unlike bank accounts or accounts in other regulated financial institutions, digital held through Lobster or Blockchain network are generally uninsured. At present, there are no public or private insurance agents providing Users with coverage against a loss of digital assets linked to the Services or a loss of value.
- Risk of winding-up of Lobster’s project
For a number of reasons including, but not limited to, an unfavourable fluctuation in digital asset market value, the failure of business relationships or competing intellectual property claims, Lobster’s project may no longer be a viable activity and may be dissolved.
- Risk of malfunction on the Application and Services
The Application and Services may be impacted by an adverse malfunction including, but not limited to, a malfunction that results in the loss of digital assets linked to the Services or market information.
- Unforeseen risks
Digital assets are a new and untested technology. In addition to the risks stipulated above, there are other risks that Lobster’s team cannot predict. Risks may also arise out of and/or occur as unanticipated combinations or as changes in the risks stipulated herein.
If You are in any doubt as to the action You should take and the consequences it will involve, please consider consulting Your legal, financial, tax or other professional advisor(s) for necessary advice.
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