Aver Community Rules for Participation in the Aver DEX

YOU SHOULD READ THESE RULES CAREFULLY. BY PARTICIPATING IN OR CONTRIBUTING TO THE AVER DEX, YOU AGREE TO BE LEGALLY AND UNCONDITIONALLY BOUND BY THESE RULES.

1. General

1. The Aver DEX is a web application providing access to a fully decentralised, peer-to-peer, non-custodial digital asset-based prediction exchange powered by the Aver Protocol and built on Solana.
2. The purposes of these Rules are (1) to set out the framework for Participation in and Contribution to the Aver DEX, (2) to clarify, among other things, the rights and obligations of all Participants and Contributors, and (3) to ensure the smooth functioning of the Aver DEX for the benefit of all Participants and Contributors collectively.
3. You should read these Rules carefully. Your Participation in and/or Contribution to the Aver DEX is governed by, and conditional upon observance of, these Rules. By Participating in or Contributing to the Aver DEX, you acknowledge that you have read, understood and agree to be legally and unconditionally bound by these Rules.
4. If there is anything contained in or required by these Rules to which you do not agree or which you do not understand, you must cease Participating in or Contributing to the Aver DEX immediately.
5. These Rules constitute a multi-party contract which can only be terminated with the agreement of all Participants and Contributors. You agree that these Rules take precedence over any supranational, national, federal, state, provincial, regional or customary laws, regulations or equitable principles that may otherwise apply, to the fullest extent permitted by the Laws.
6. These Rules constitute the entire agreement between all Participants, between all Participants and all Contributors, and between all Contributors.

2. Definitions and interpretation

For the purposes of these Rules, the following definitions apply:

7. Alpha Feature: A feature included on the Aver DEX in alpha testing form in the early stages of development in order for Participants and Contributors to help in its formation. Such features may be particularly vulnerable to bugs, malicious attacks and other problems
8. Ancillary Documents: All documents published on the www.aver.exchange website which describe themselves as supplemental to these Rules
9. Beta Feature: A feature included on the Aver DEX in beta testing form in order to trial it in real exchange or market conditions
10. Aver DEX: The web application accessible via the URL app.aver.exchange which provides access to a decentralised prediction exchange powered by the Aver Protocol and Context Data APIs
11. Aver Documentation: The documents and materials made available at https://docs.aver.exchange/aver-documentation/ and which describe, among other things, the framework for operation of the Aver DEX
12. Aver Protocol: The on-chain executable program which facilitates trustless prediction markets on the Solana blockchain
13. AVER Tokens: The utility tokens of the Aver DEX as more particularly described in the Aver Documentation. AVER Tokens are not available to Participants who/which are located, incorporated or otherwise established in, or are a citizen or resident of, a Prohibited Jurisdiction
14. Context Data APIs: Data feeds that provide contextual data and directories of where on-chain data and programs can be accessed by the Aver DEX
15. Contributor: (1) Any natural or legal person who/which develops, maintains, adds to or amends the Aver DEX from time to time, including but not limited to Aver Technology Limited and Aver Technology Costa Rica Limited S.R.L. and any of their officers, directors, employees, contractors, agents, affiliates, or subsidiaries

(2) Any natural or legal person who/which hosts the Aver DEX or elements of it.

“Contribute” and “Contribution” shall be construed accordingly

16. Cybersecurity Event: (1) Any attempt by a third party to hack, infiltrate, modify, reverse-engineer or disrupt the Aver DEX or any systems or networks used by or connected to it, alter the Aver DEX’s coding, or subject the Aver DEX to the deployment of viruses, Sybil attacks or denial of service attacks or similar

(2) Any other cybersecurity breach impacting on the Aver DEX, whether intentional or inadvertent

17. Event: A scheduled event forming the subject-matter of a Market, the Result of which Participants may Predict
18. FATF: The Financial Action Task Force, being the global money laundering and terrorist financing watchdog
19. Intellectual Property Rights: Any copyrights, trademarks, trade dress, patents, trade secrets, registered or unregistered design rights, service marks, logos, database rights, data protection rights, trade names, rights in domain names, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable)) moral rights, and other proprietary rights (whether registered or not) pertaining to intellectual property in any jurisdiction globally
20. Laws: All legislation, common laws, civil laws, subordinate legislation, instruments, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions, rules and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association which applies to your Participation or Contribution
21. Market: A market for an Event in which Participants may Participate by making a Prediction or Predictions as to the Result of the relevant Event
22. Oracle: A source of an Oracle Feed that may be utilised by the Aver DEX
23. Oracle Feed: Information conveyed by an Oracle or Oracles, including information relating to source(s) of data, parsing logic, consensus rules, criteria for a valid Result, Oracle Result Data, and other data points relevant to a Prediction made by a Participant or otherwise relevant to Participation in the Aver DEX
24. Oracle Protocol: Any protocol or other software utilised by an Oracle for (1) the purpose of communication of data or (2) any other function performed by an Oracle
25. Oracle Result Data: Information relating to the Result of an Event, conveyed by an Oracle or Oracles via an Oracle Feed
26. Participant: (1) Any natural or legal person or entity who/which participates in the Aver DEX, including (but not limited to) through making Predictions, buying, selling, trading, borrowing, lending, committing funds, issuing, owning, staking or minting tokens; providing liquidity; arbitrage; referring new Participants; carrying out any Transactions on the Aver DEX; or offering to do any of these things

(2) Any employees, agents or affiliates of any person who participates in the Aver DEX in the manner described in (1) above

“Participate” and “Participation” shall be construed accordingly

27. Participant Acknowledgements: The acknowledgements made by Participants as set out in paragraph 5
28. Participant Representations and Warranties: The representations and warranties made by Participants as set out in paragraph 4
29. Participant Requirements: The requirements which must be met by Participants in order that they may Participate in the Aver DEX, as set out in paragraph 3
30. Politically Exposed Person: An individual who is or has been entrusted with a prominent function in public office or similar, as described in more detail in guidance provided by the FATF from time to time
31. Prediction: A prediction made by a Participant as to the Result of an Event forming the subject-matter of a Market, which may be traded with other Participants pending the Result of the relevant Event

“Predict” shall be construed accordingly

32. Prohibited Jurisdiction: the USA and any other jurisdiction where Laws prohibit Participation in or require licensing or registration of the Aver DEX in order for Participation to take place or which is embargoed by the United States of America, the European Union or the United Kingdom
33. Protocol APIs: Any application programming interfaces facilitating communication between the Aver Protocol and other technologies
34. Result: The result or outcome of an Event as determined by the Aver Protocol by reference to Oracle Result Data
35. Rules: This document and the Ancillary Documents
36. Sanctioned Person: any natural or legal person or entity who/which is subject to a sanctions regime (including sanctions administered or enforced by the United Nations or other relevant sanctions authorities) or who/which has received any oral or written notice from any government or regulatory authority targeting them with sanctions, restrictions, penalties, enforcement action or investigation (including but not limited to anti-money laundering, counter-terrorist financing, anti-corruption or economic sanctions laws)
37. Serum AAOB: The Serum Asset-Agnostic Orderbook as described at https://docs.projectserum.com/appendix/serum-core, the code for which (the Rust crate “agnostic_orderbook”) is used by the Aver DEX and the Aver Protocol to facilitate the matching of trades within Markets
38. SOL: The native cryptocurrency of Solana, spent when transactions are carried out on Solana
39. Solana: The decentralised blockchain platform described at https://solana.com/
40. Transacting Party: Any party to a Transaction. This does not include any Contributors in their capacity as Contributors
41. Transaction: (1) The making, purchase, sale or cancellation of a Prediction

(2) in relation to any Market, the placing of any type of order as may be available via the Aver DEX from time to time

(3) any other transaction within the ordinary meaning of the term entered into on the Aver DEX, which may include lending or borrowing, paying interest, providing liquidity, or staking

42. Voiding: The process of voiding a Market as described in section 6.3 below.
43. VPN: Virtual private network
44. Wallet: Any software or hardware cryptocurrency wallet via which Participants may connect to the Aver DEX

3. Participant Requirements

In order to Participate in the Aver DEX, you must satisfy the following requirements (the “Participant Requirements”):

45. You have made the representations and given the warranties set out in these Rules and will continue to do so at all times during your Participation.
46. You will observe and abide by the Participant Representations and Warranties at all times during your Participation.
47. You make the Participant Acknowledgements and continue to do so at all times during your Participation.
48. You have read, understood and accepted all other aspects of these Rules.
49. You are not otherwise in breach of these Rules.

4. Participant Representations and Warranties

You make and maintain the following representations and warranties at all times during your Participation (the “Participant Representations and Warranties”):

50. Comply with the Laws

1. Your Participation conforms with and does not breach the Laws and in particular any applicable law in the jurisdiction in which you are located.
2. You are not engaged in any illegal trade, money laundering activities or activities related to the financing of terrorism or the financing of the proliferation of weapons of mass destruction.
3. Neither you nor the geographical locality in which you reside or are domiciled or located or incorporated are the subject of economic sanctions from the United Nations, the United States of America or the European Union.
4. You are not a Sanctioned Person, and neither you nor any of your affiliates is owned or controlled by a Sanctioned Person or involved in any transaction, transfer, or conduct that is likely to result in you or your affiliates becoming a Sanctioned Person or Sanctioned Persons.
5. Neither you nor any of your affiliates is a Politically Exposed Person.
6. You are not located in, incorporated or otherwise established in, or a citizen or resident of, a Prohibited Jurisdiction.
7. You have not breached any Laws, been convicted or fined or otherwise penalised under any Laws, received any oral or written notice from any enforcer of Laws concerning actual or possible breach by you of any Laws, or received any other report that you are the subject or target of enforcement action or investigation under any Laws (including without limitation anti-money laundering laws, counter-terrorism financing laws, anti-bribery or anti-corruption laws, anti-slavery laws or economic sanctions laws).
8. You will not use the Aver DEX or the Aver Protocol for any fraudulent or dishonest purpose.
9. You will deal with other Participants honestly and will not subject them to any dishonest activities.
10. You are not bankrupt or insolvent or under administration.
11. If a licence or consent is required for you to Participate under any Laws, you have obtained such licence or consent.
12. You will not carry out any activity on the Aver DEX or using the Aver Procol which involves publishing, distributing or disseminating any illegal, unlawful, defamatory or offensive material or information.
13. You will not attempt to conceal any non-compliance by you with any Laws or these Rules by using a VPN or proxy or any other method.
14. You will not procure or otherwise arrange, whether directly or indirectly, for a third party to transmit information that assists in the making of Predictions as to the Result of an Event from any territory where it is illegal to do so.

51. Good faith

You will act at all times in good faith towards other Participants and Contributors.

52. Legitimate funds

1. Any funds used in your Participation are lawfully obtained and do not include any proceeds from any illegal or unlawful activity.
2. You are the legal and beneficial owner of any funds with which you Participate.
3. If you are a natural person, you are not using borrowed funds in your Participation.
4. You are the legal and beneficial owner of the Wallet with which you connect to the Aver DEX.

53. No hacking

1. You will not attempt to access the Wallets or other restricted information of other Participants and Contributors or of any persons other than yourself.
2. You will not attempt to hack, infiltrate, modify, reverse-engineer or disrupt the Aver DEX or any services or systems on or used by the Aver DEX or, if you are not doing so legitimately in the course of Contributing, attempt to alter any of its coding.
3. You will not subject the Aver DEX or any other Participants orContributors or any Participant’s or Contributor’s equipment to any malware, ransomware or viruses or any other harmful files or coding.
4. You will not engage in any activities which impair the functionality of the Aver DEX or impede Participation by other Participants.
5. You will not engage in any activities that seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, through any involvement in the deployment of viruses, Sybil attacks or denial of service attacks.

54. No trolling

You will deal with other Participants with respect and integrity and will not subject them to any abusive or disrespectful acts.

55. Adults of sound mind only

1. If you are an individual, you are at least 18 years old and are above the legal age of majority in your jurisdiction to Participate in the Aver DEX, and you are of sufficient mental age, maturity and capacity to accept these Rules.
2. If you are an individual, you are of sound mind and capable of taking responsibility for your own actions, including entering into this legally binding agreement.

56. Properly established

1. If you are a corporate or other legal entity, you are duly organised, validly existing and in good standing under the laws of your place of establishment or incorporation, and have all requisite corporate power and authority to Participate. You are duly qualified to transact business and are in good standing in each jurisdiction in which the failure to so qualify would have a material adverse effect.

57. Aware of risks and risk management

1. You understand and accept that prediction markets and digital asset markets are highly volatile, that Participating in the Aver DEX is a high-risk activity which may lead to you losing a large part or even all of your funds if, for example, the Result of an Event is unfavourable or the value of a Prediction you have made declines.
2. You are Participating with funds you can afford to lose.
3. You will use risk management strategies during your Participation which are appropriate to your financial circumstances and objectives.

58. Knowledge and experience

1. You have knowledge of and experience in prediction markets and highly volatile markets.
2. You have knowledge of and experience in the digital asset space and are familiar with the functioning and intricacies of digital assets including SPL and ERC20 tokens and with decentralised finance and decentralised exchanges and markets.
3. You have the necessary experience and knowledge to understand the risks involved in relation to each Transaction you enter into, including the risks associated with prediction markets and the relevant digital asset(s) and the risks inherent in using cryptographic and blockchain-based protocols.
4. You have read and understood the Aver Documentation.

59. No breach of Intellectual Property Rights

Your Participation does not violate any Intellectual Property Rights.

60. Take responsibility

1. You make your own independent decisions to Participate, to make Predictions and otherwise to engage in Transactions, and are entirely and completely responsible for any consequential profits or losses.
2. You are fully and solely responsible for the security of your Wallet and passwords, seed phrases and private keys. If you provide or make available your passwords, seed phrases or private keys to anyone else you are fully and solely responsible for any consequent use of these.
3. You are fully and solely responsible for obtaining your own independent financial, accounting and tax advice, and for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on any winnings or profits.
4. You are aware that you can opt out of Participation in the Aver DEX by excluding your Wallet from Participation within the “accounts” tab of the application, as described at https://docs.aver.exchange/aver-documentation/product-specifications/self-exclusion-and-opt-out. You are aware that this action cannot be undone.

61. No lawsuits

1. You will not hold any Contributors liable under any circumstances for any losses, damages, claims, liabilities, costs or expenses arising from any Transactions, including any breach, partial performance or non-performance of the Transaction by the other party or parties to the Transaction, or 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 Participation.
2. You will not hold any Contributors responsible for any damage, loss, or injury resulting from hacking of, tampering with, or other unauthorised access to or use of the Aver DEX or the information contained within it.
3. You will not hold any Contributors liable or responsible for:

• any errors, mistakes, inaccuracies or omissions in, or non-availability of, any content made available through the Aver DEX;
• any loss or damage or personal injury of any nature whatsoever resulting from or connected to any access to or use of the Aver DEX or any content made available through the Aver DEX;
• any unauthorised access to or use of any secure server or database under the control of any Contributors, or the use of any information or data stored therein;
• any interruption or cessation of functions related to the Aver DEX, including, but not limited to, any functions relating to Participation in Transactions or reliant on the availability of any particular Markets or digital assets via the Aver DEX;
• any bugs, viruses, trojan horses, or any other malware that may be transmitted to or through the Aver DEX or any other software utilised by or through the Aver DEX;
• any Cybersecurity Events; or
• the defamatory, offensive or illegal conduct of any third party.

4. Under no circumstances will you hold any Contributors liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid to the relevant Contributors in exchange for facilitating the relevant Participation. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, strict liability, statutory liability or any other basis, and even if the relevant Contributors have been advised of the possibility of such liability.
5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in the Rules may not apply to all Participants. The limitations of liability in these Rules shall apply to the fullest extent permitted by the Laws.

62. No market manipulation

You will not engage in any form of market manipulation such as cartel formation and operation, collusion, pumping and dumping, spoofing or any other practices designed to manipulate or distort prices or otherwise affect the integrity of any Market or the Result of any Event.

63. Understand the Rules

You have read, understand and accept these Rules and will continue to abide by them.

64. Indemnity

Each Participants and Contributors who Participates agrees to indemnify each other Participants and Contributors against, and hold each other Participants and Contributors harmless from, any costs, fees, claim or demand, lawsuit, action, investigation, proceedings, liabilities, losses, costs, and expenses including reasonable legal and accounting fees, incurred due to, in connection with or arising out of any violation of the Rules or the Laws or violation of any rights of another Participants and Contributors, including any Intellectual Property Rights, which their Participation causes or contributes to or which is caused by any other party’s Participation with their assistance or which takes place using any device or Wallet that they own or control.

5. Participant Acknowledgements

By your continuing Participation, you make the following acknowledgements (the “Participant Acknowledgments”):

65. Decentralised exchange

The Aver DEX is a fully decentralised exchange. All Transactions entered into by Participants are carried out by them on a peer-to-peer basis in their capacity as Participants only and not as Contributors.

66. No custody

The Aver DEX is non-custodial. Any funds deployed by Participants are administered by smart contract logic.

67. No agency, advisory or partnership

1. Contributors are not any Participant’s agents, business partners, advisors, trustees, fiduciaries, accountants, tax advisors, legal representatives or financial advisors, or in any other professional or trade relationship with them.
2. Contributors do not represent the buyer, seller, liquidity provider, offerer of tokens or any other Participant or Transacting Party on the Aver DEX.

68. Non-reversible

The transfer of digital assets on a blockchain cannot be reversed, unravelled or otherwise interfered with by Contributors or Participants.

69. No warranties by Contributors

1. Contributors are not responsible for the quality, safety, lawfulness or availability of any virtual or other assets or functions available via the Aver DEX, or the ability of any Transacting Party to complete any Transaction (except to the extent prohibited by the Laws).
2. The Aver DEX is available on an “as is” and “as available” basis.
3. To the fullest extent permitted by the Laws, all Contributors 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.
4. In particular, Contributors do not represent or warrant that the Aver DEX or the Aver Protocol is or will be free from errors, bugs and other defects in their functioning, that access to the Aver DEX or the Aver Protocol is or will be continuous, uninterrupted, timely, or secure, that the information made available via, contained on or used by the Aver DEX or the Aver Protocol, including Oracle Feeds, Oracle Result Data, data contained in Context Data APIs and other data made available via, contained on or used by the Aver DEX or the Aver Protocol is or will be accurate, reliable, complete, or current, or that the Aver DEX or the Aver Protocol will be free from viruses or other harmful material. Information made available via, contained on or used by the Aver DEX, the Aver Protocol or Context Data APIs may be inaccurate or incomplete or otherwise unreliable for a variety of reasons, for example as a result of software bugs, data feed interruptions, platform or server downtime, or other issues, and this may cause losses to Participants by affecting the parameters of particular Transactions.
5. Contributors do not represent or warrant that the Aver DEX or any of the software utilised by it, including the Aver Protocol, Oracle Protocols, the Serum AAOB, Solana, or any other software, is fit for any particular purpose or free from errors, bugs and other defects in functioning.
6. No advice, information, or statement that any Contributor makes should be treated as creating any warranty concerning the Aver DEX or any of the software utilised by it, including the Aver Protocol. Contributors do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Aver DEX or the Aver Protocol.

70. No recommendations

1. By Participating in any Market or Markets, you acknowledge that you are doing so on the basis of your own enquiry, without solicitation or inducement by Contributors.
2. No information published on the Aver DEX or otherwise made available by or on behalf of Participants or Contributors at any time about any of the digital assets, trading strategies or other financial strategies should be construed as being a promotion, solicitation, recommendation or marketing of any kind in relation to any of these, and Contributors have no knowledge of the financial circumstances or objectives of any Participant or any expertise in what might constitute sensible financial practice for them.
3. You should not take, or refrain from taking, any action based on any information contained on the Aver DEX or any other information made available by or on behalf of Participants or Contributors at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets and videos. Before you make any financial, legal, or other decisions involving the Aver DEX, you should seek independent professional advice from an individual who is licensed and qualified in the area in which such advice would be appropriate.
4. There is no assurance, representation or warranty from Contributors or Participants that your Transactions:

• will provide a profit;
• will not lead to you incurring significant losses; or
• will attain your commercial or other objectives.

71. No servicing

While Participants are intended to have freedom to Transact, Contributors are under no obligation to facilitate Transactions in all forms of digital assets in which Participants may want to Transact.

72. No policing

1. Contributors have no responsibility or liability for the deletion or accuracy of any Participant’s content, the failure to store, transmit or receive transmission of such content, or the security, privacy, storage, or transmission of other communications originating with or involving Participation.
2. Participants are solely responsible for any content they originate on the Aver DEX.

73. Assumption of risk

1. You understand that even if you possess a very high level of sophistication and experience in prediction markets, trading, cryptocurrencies and blockchain technology, you are still at risk of losing a substantial proportion or even all of your funds by Participating and entering into Transactions, and you accept that you are fully responsible for any such losses. You accept that under no circumstances will any amounts lost by you be recoverable from Contributors.
2. Unless you are Participating with funds you can afford to lose and you have a tolerance for a significant amount of risk you should not Participate in the Aver DEX.
3. You understand that digital assets are highly volatile because of a range of factors which include, but are not limited to, rate of adoption, speculation, technology changes, security risks, contagion risks, systematic risks, legal and regulatory changes, and factors affecting their supply (such as the mining, minting or issuing of new tokens, airdrops, the burning of tokens and blockchain forks).
4. There are risks inherent in digital assets themselves. They and the protocols and blockchains underlying them may change significantly (for example, as a result of a fork or a rollback), be subject to a successful attack (for example, a 51% attack), suffer catastrophic failure or cease to exist. Contributors do not represent or warrant that any of the digital assets involved in Transactions carried out via the Aver DEX are in themselves secure or reliable.
5. The Aver DEX operates at the most experimental cutting edge of the digital asset space. A significant amount of risk is therefore involved in Participating in the Aver DEX and in dealing in digital assets.
6. You Participate at your own risk, you are aware of the significant risks involved and are prepared to take the risks and to accept any consequences, adverse or otherwise.

74. Alpha Features, Beta Features and unaudited software

1. Contributors may from time to time test new features on the Aver DEX by introducing them as Alpha Features or as Beta Features.
2. Anyone Participating in these Alpha Features and/or Beta Features does so on the understanding that such features may be particularly unstable and prone to errors and bugs and other defects in functioning and that Contributors will not be liable for any losses sustained as a result of such experimental Participation.
3. Alpha Features and Beta Features may be suspended, discontinued or modified at any time.
4. Currently the Aver DEX is still under development and save where otherwise specified all features on it are Beta Features.
5. The Aver DEX has not been reviewed, audited or tested for reliability, fitness for purpose or compliance with commonly accepted quality criteria or software standards.
6. Software utilised by the Aver DEX or by third parties interacting with the Aver DEX, including the Aver Protocol, the Serum AAOB and any software used by Oracles, may also be unaudited and untested, may be subject to change without notice and may be prone to errors and bugs and other defects in functioning.

75. Non-private data and data storage

1. You acknowledge that your activity relating to Participation in the Aver DEX, including Transaction data and the fact of your acceptance of these Rules, is not private and will be visible to third parties, including on public blockchains.
2. Cookies and/or web storage objects may be used to facilitate Participants’ access to the Aver DEX. You acknowledge this and agree to their use.

76. Disruptions and cyber risks

1. The functioning of the Aver DEX may from time to time be disrupted because of system overloads, software or hardware issues, power outages, errors or instability in Experimental Features or issues with the functioning of other services and software utilised by the Aver DEX, such as the Aver Protocol, the Serum AAOB, Solana and any other relevant blockchains and digital ledgers, the world wide web, and Oracles.
2. Participants face the risk of Cybersecurity Events, which may negatively affect the operation of the Aver DEX, the availability of the Aver DEX and Markets and the value of digital assets traded via the Aver DEX.
3. Participants accept that Contributors have no liability to them for any losses arising from any such disruptions or Cybersecurity Events and that Contributors do not warrant that their Participation will be error-free or uninterrupted.
4. Participants acknowledge that it is their responsibility to ensure that any hardware and software and access credentials they use to access the Aver DEX and their Wallets are kept secure. Participants acknowledge that Contributors are not liable for any security breaches or other failings of any such systems.

77. Restrictions and limitations

1. Your ability to Participate in the Aver DEX may be limited or restricted by aspects of the coding of the Aver DEX, the Aver Protocol or other third party software utilised by the Aver DEX (which are subject to change without notice to you), including but not limited to:

• Geoblocking or other IP address restrictions;
• Requirements to prove your identity;
• Limitations on Transaction volumes; and
• Changes to rate limits on Protocol APIs or Context Data APIs.

2. You acknowledge and accept that Contributors have no liability to you for any losses arising from the imposition of, or changes to, any such restrictions or limitations, or otherwise caused or contributed to by any aspects of the Aver DEX coding.
3. You acknowledge that AVER Tokens are not available to Participants who are located in, or are a citizen or resident of, a Prohibited Jurisdiction.

78. Changes to Participation

1. The activities available via the Aver DEX to some or all Participants may vary from time to time as a result of legal, regulatory, commercial, technological, technical, national, regional or other developments without prior notice to Participants. Participants accept the Contributors have no liability to them for any losses caused by such changes.
2. You acknowledge that Contributors do not guarantee that any particular Market or digital asset is, or will continue to be, available via the Aver DEX for Participation. You accept that any Markets or digital assets available via the Aver DEX for Participation may cease to be available to you at any time for any reason, including legal, regulatory, commercial, technological, technical or other reasons, and that this may result in the Voiding of Markets and the cancellation of a Prediction or the unwinding of any other Transaction in which you may Participate.

79. Modifications to the Rules

1. The Aver DEX is a continually evolving and developing project which benefits from the ongoing contributions of Contributors, and these Rules may change at any time without notice to you as the Aver DEX develops and as a result of legal, regulatory, commercial, technological, technical, national, regional and other developments.
2. Your continued Participation in the Aver DEX after any modification of the Rules will conclusively indicate that you accept those changes. If you do not accept any such modification, you must cease Participating in the Aver DEX.

80. Using the Aver DEX

1. From time to time, Contributors working on aspects of the Aver DEX may post information in order to help Participants to Participate or Contributors to Contribute, including the Aver Documentation.
2. As the Aver DEX is intended for Participants experienced in prediction markets, digital assets and decentralised finance, this information generally assumes a base level of reasonable sophistication in these fields and knowledge of them.
3. Contributors are not liable for Participants’ failure to read, understand or follow correctly any information about using the Aver DEX which may be made available or pointed to by Contributors or by any third parties.
4. Participants must perform their own due diligence on their chosen Participation before engaging in it, including studying information on the Aver DEX and from other sources.

81. Peer-to-peer

1. Participation in the Aver DEX involves capable, knowledgeable and well-informed Participants Transacting directly with their peers. Contributors are not, by virtue of their role as Contributors, party to any Transactions entered into by Participants, and Participation does not involve the business-to-consumer sale of purchase of goods or services.
2. You therefore acknowledge that any legislation specific to consumer or non-business transactions in any jurisdiction, including in particular any legislation designed to protect consumers, (1) does not apply to Contributors and (2) does not apply to the Transactions for which the Aver DEX is intended to be used.

82. Fees and costs

1. You acknowledge that in entering into Transactions you will incur fees and costs, including blockchain network fees and exchange fees. These fees and costs are described in more detail at  https://docs.aver.exchange/aver-documentation/product-specifications/fees-and-costs.
2. Transacting Parties are entirely responsible for any fees, costs, interest, and other charges of any nature which they charge or pay.

83. Licences

1. In each case subject to and conditional upon those Participants’ and Contributors' observance of these Rules, each Contributor who/which has developed, added to or amended the Aver DEX grants each Participant and each Contributor a single, personal, limited licence to use any aspect of the functioning of the Aver DEX which arises from his/her/its Contribution in order to Participate in the Aver DEX and utilise all content thereon for all purposes in connection with their Participation. This licence is non-exclusive, non-transferable, and freely revocable at any time without notice or cause. Use of the Aver DEX for any purpose not expressly permitted by the Rules is strictly prohibited.

84. Where any Participant uploads information or material to the Aver DEX in the course of Participating (for example, information relating to a Market or a digital asset), that Participant grants all other Participants and Contributors a worldwide, royalty-free, irrevocable licence to use, copy, distribute, publish and send such data in any manner in accordance with the Laws.

85. Severable Rules

1. Should any of these Rules be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected and the remainder of these Rules shall remain in full force and effect.
2. If any of the Rules is determined to be unenforceable, you agree to an amendment of such Rules to provide for enforcement of those Rules’ intent, to the extent permitted by the Laws.

86. No waiver

Any failure or delay by Participants and Contributors to enforce any of the Rules or exercise any right under the Rules will not be construed as a waiver to any extent of such rights.

87. Disputes and class action waiver

1. The courts of England & Wales have exclusive jurisdiction to settle any dispute arising from or connected with these Rules (including a dispute relating to the existence, validity or termination of these Rules or the consequences of their nullity or any non-contractual obligation arising out of or in connection with these Rules).
2. Participants and Contributors must bring any and all legal claims against other Participants or Contributors pertaining to the Aver DEX in their individual capacities and not as a claimant in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. All Participants and Contributors agree to waive the right to demand a trial by jury, where applicable.

6. Markets

1. Conditions for Participation in Markets

1. The Oracle Feed or Oracle Feeds or other external sources of data relating to a Market may set out conditions affecting Participation in that Market, such as specific restrictions on Participation and conditions governing the distribution of profits following the Result of any relevant Event. 
2. At any time and without prior notice to Participants, as a result of changes to Oracle Feeds or other external sources of data or for any other reason:

• A Market may be suspended or removed from the Aver DEX;
• A new Market may be added to the Aver DEX; and
• Any provision or term of any Market may be amended.
• The Community Guidelines for Market Subject Matter available at https://docs.aver.exchange/aver-documentation/project-information/market-subject-matter must be adhered to.

3. Any amendments made to any provision or term of a Market may apply to all open and all outstanding Transactions in that Market as well as any future Transactions in that Market.
4. Contributors are not liable for any losses relating to suspension or removal of a Market or amendments to any provision or terms of a Market or for any notice (or lack of notice) prior to such suspension, removal or amendment.

2. Market resolution, Results and Oracles

1. Markets are settled automatically following the Results of the Events forming their subject-matter.
2. The Oracle Feeds, including Oracle Result Data, conveyed by Oracles dictate the operation and resolution of Markets, and the Results of Events are determined by reference to relevant Oracle Result Data. 
3. No other information relating to a Market which may be available via the Aver DEX (for example, wording or context data) affects the Result or is in any other way relevant to the Result.
4. In cases where there is any misalignment between the Result of an Event as reported by an Oracle and any subjective interpretations of that Result, the Result as reported in the Oracle Result Data will prevail.
5. All operations of the Aver Protocol and Oracle Protocols are final and irreversible and Participants have no recourse for recovering any losses they sustain through them. There is no dispute process for Participants who disagree with the resolution of a Market.
6. Participants have no rights to appeal or attempt to reverse or overturn the resolution of Markets, and their continuing Participation in the Aver DEX confirms that they accept that the acts of the Oracle Protocols are final and conclusive.
7. Contributors are not liable for the actions of Oracle Protocols or the contents of Oracle Feeds.

3. Voiding Markets

1. In some circumstances, a Market may no longer be valid or may not be validly resolved. For example:

• A Market may be misspecified
• The specifics of a Market may fundamentally change
• The prespecified/codified resolution process may fail to resolve correctly or in a timely manner

2. In such cases, the Market may go through a process of Voiding, in which case:

• any funds paid into the Market by Participants will be returned to the Participants’ Wallets, minus any Solana transaction fees incurred in SOL; and
• any Predictions made by Participants up to that point will be cancelled.

3. There is no dispute process for Participants who disagree with the Voiding of a Market.

7. The Aver Protocol

The Aver DEX utilises the Aver Protocol to operate Markets.

4. Not audited or tested

The Aver Protocol has not been reviewed, audited or tested for reliability, fitness for purpose or compliance with commonly accepted quality criteria or software standards. It may be subject to change without notice and may be prone to errors and bugs and other defects in functioning.

5. Aver Protocol operations conclusive

1. All calculations made by the Aver Protocol are the automated acts of the Aver Protocol and not decisions made by a centralised human party.
2. All operations of the Aver Protocol are irreversible and Participants have no recourse for recovering losses they sustain through them.
3. Participants have no rights to appeal or attempt to reverse or overturn the decisions of the Aver Protocol, and their continuing Participation in the Aver DEX confirms acceptance that they accept that the acts of the Aver Protocol are final and conclusive.

Version 1.0.0. Last updated: 10 June 2022.