Terms and Conditions
These terms and conditions of use (“Terms”) are entered into between Always Top Investments Limited (BVI Company No. 2083029) and Always Blue Limited (BVI Company No. 2083026) (together, “Bril Finance”, “we” or “us”) and you (“you” or “User”). Bril Finance is the operator of this website (“website”) app, platform and related services made available under the Bril Finance name (together, the “Platform”). In these Terms, the User means (as applicable) a person using any part of the Platform in any capacity, including a person using the Platform as an investor, depositor, staker, trader, buyer, seller or a person browsing or accessing the Platform in any capacity. We do not provide any investment, financial, legal, regulatory, accounting, tax or similar professional advice on the Platform. Blockchain, cryptocurrency, tokens and related transactions involve a high degree of risk and there is always the possibility of loss, including the loss of digital currency, tokens and assets. Bril Finance is not responsible for any costs, taxes, losses or damages a User incurs as a result of or in connection with using the Platform or investing, depositing, staking, trading, buying and/or selling blockchains, cryptocurrencies, funds, tokens or other assets (together, the “Products”) on the Platform. Users acknowledge that buying, selling, and trading Products is significantly risky and is unregulated by any central or government authority. Users warrant that they understand the risks associated with access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform.
Use of Platform
Registration and Use
Users will need to connect their Blockchain Wallet to the Platform (“Registration”) to deposit, buy, sell, and/or trade Products on the Platform. When registered, you can then deposit your Product. Bril Finance will then place these Products into a concentrated liquidity AMM to earn trading fees. No swap occurs prior to this deployment. It is intended that Users will receive liquidity pool tokens in exchange for your deposit. You can withdraw your initial deposit and earnings by exchanging your liquidity pool tokens for your share of the Products in the vault.
Bril Finance has the right at its discretion to charge and deduct fees direct from the Products deposited, staked, bought or sold on the Platform. All fees paid to or deducted by Bril Finance are non-refundable. Please refer to the payments, fees and charges section of the Platform for further details on the fees payable by Users. The fees may be amended at the sole and absolute discretion of Bril Finance at any time. Bril Finance will advise of any amendments to the fee by posting the amended fee on the website. Bril Finance reserves the right to introduce new fees or amend existing fees for use of the Platform at any time at its discretion.
User Conduct and Prohibited Use
Each User agrees that Bril Finance may send them promotional communication by email, including newsletters, special offers, surveys, updates, and any information that Bril Finance may consider will be of interest to the User.
Intellectual Property Rights
By using the Platform, including by submitting, promoting or displaying any content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display all such content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you deposit, submit or post on or through the Platform for our current and future business purposes, including to operate, provide, promote, and improve the Platform. This includes any digital file, art, or other material displayed on the Platform. You represent and warrant that you have, or have obtained, all rights, licences, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, list, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights or other intellectual property rights. Users agree to indemnify, defend and hold harmless the Released Parties (as defined below) from and against any and all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with any infringement of any third party intellectual property rights by the User or in connection with the warranties given in this section being false, misleading or incorrect in any respect.
SenSei Fi Intellectual Property Rights
All of our content comprised in, on or relating to the Platform (including all intellectual property comprised in our content) is owned by Bril Finance, our related entities and/or our third-party licensors and is protected by copyright, trademarks, service marks, patents, design registrations, and/or other proprietary rights and laws. As between you and Bril Finance and our licensors, Bril Finance or our licensors own and retain, solely and exclusively, all rights, title and interest in and to the Platform, and all the content that Bril Finance or our licensors create, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos, and trade names displayed on or in connection with the Platform are the registered and unregistered trademarks and service marks of Bril Finance in Australia and/or other countries. Your use of the Platform does not grant you any rights in or ownership over any of the Platform’s content, and except for the limited licence we grant you under these Terms, your use of the Platform does not grant you any rights, licence or permission under any copyright, trademark or other intellectual property rights of Bril Finance, its related entities, Bril Finance’s licensors and/or any third party. Bril Finance reserves all rights not expressly granted to you in these Terms.
Subject to these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable and non-transferable licence to access and use the Platform solely for its intended purpose of facilitating the deposit, staking, trading, buying or selling of Products (“licence”). Such licence does not include the right to, and you must not under any circumstances, reproduce, distribute, adapt, modify, copy, translate, create derivative works from, publish, commercialise or download any content on, component of, or part of, the Platform or otherwise use any of the Platform content for any other purpose except with our express prior written permission. The licence granted under these Terms does not include the permission or right to use any data mining, robots, or similar data gathering or extraction methods. Any degree of commercial exploitation of the Platform content (including intellectual property rights therein) without express prior written permission from us is strictly prohibited and will constitute a breach of these Terms. Our content used in or in connection with the Platform is proprietary to Bril Finance, its related entities and/or our licensors, and except for use strictly in accordance with the foregoing licence, any use, redistribution, sale, decompilation, production, reverse engineering, disassembly or translation of content, or reduction of content (including software) to human-readable form, is strictly prohibited and will constitute a breach of these Terms. Any use of the Platform or content on the Platform other than as specifically authorised in these Terms is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also infringe or violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms, nothing in these Terms will be construed as conferring any rights or licence to intellectual property rights, whether by estoppel, implication or otherwise. The licence is revocable at any time. To the extent permitted by applicable law, the licence is provided on an “as is” basis. Bril Finance disclaims all warranties and conditions, express and implied, in relation to the licence, including (without limitation), warranties of merchantability, fitness for a particular purpose, non-infringement and title.
To the extent permitted by applicable law, Bril Finance owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Bril Finance or the Platform that Users provide or disclose through email, the Platform or in any other manner. Users hereby transfer all rights, ownership and interests in and to the Feedback and all related intellectual property rights to Bril Finance and waive any request for acknowledgment or compensation based on any Feedback or any modifications based on any Feedback, unless otherwise agreed by us in writing.
Assumption of Risk and Responsibility
You acknowledge that access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform is subject to significant risks, including without limitation the following risks: ● That your participation in depositing, staking, trading, buying, selling, accessing or using the Platform in any respect and in any capacity is entirely your own responsibility and liability; ● The risk of loss, including the loss of all Products, digital assets and tokens; ● At any time, your access to your Products, digital assets and tokens may be suspended or terminated or there may be a delay in your access or use of your Products, digital assets and tokens which may result in the Products, digital assets and tokens diminishing in value or you being unable to complete a transaction; ● When providing liquidity to AMMs, the changing ratio of your deposited assets can lead to losses compared to simply holding them, especially during high volatility periods; ● There’s a risk that you might not be able to exit your position due to insufficient liquidity in the market, particularly in smaller, less popular tokens; ● The price and liquidity of Products, digital assets and tokens are extremely volatile and may be subject to significant fluctuations. These fluctuations can lead to monetary loss; ● The platform on which DeFi applications operate, such as Polygon or Ethereum, can pose risks including network congestion, high transaction fees, and potential underlying vulnerabilities in the blockchain; ● Statutory and regulatory changes or actions governing blockchain, crypto assets, tokens, speculative securities, etc are uncertain and may adversely affect a User’s ability to use the Platform. These changes may also adversely affect the value of Products, digital assets and tokens; ● A User may incur tax liability because of the sale or purchase of Products, digital assets and tokens. Bril Finance is not responsible for assessing or paying any taxes which apply to a transaction on the Platform; ● Bril Finance does not control or perform any function that may be perceived as exercising control over any part of the blockchain. Bril Finance does not control any smart contracts and protocols that may be integral to a User’s ability to complete transactions on the blockchain. Transferring Products, digital assets and tokens to the wrong address cannot and will not be rectified by Bril Finance and is governed by the ‘Accidental Transfers’ clause in these Terms; ● Cyber-attacks which may lead to unauthorised access to a User’s Blockchain Wallet, failure of software and hardware, fluctuations in internet speed and reliability, etc. Users accept and acknowledge that they solely bear this risk and Bril Finance will not be liable in any capacity for any disruption to the use of the Platform due to personal cyber-attacks, disruptions in a User’s internet connection or loss or theft of passwords; and ● The value of your Products, tokens and digital assets used through the Platform may decrease or diminish at any time and for any reason. Accordingly, by using this Platform you expressly agree that: ● You assume all risk in connection with your access and use of the Platform, your Products, digital assets and tokens; and ● You expressly waive and release Bril Finance and its officers, directors, shareholders, agents, employees, consultants, contractors, subsidiaries, related entities, advisors and partners (together, the “Released Parties”) from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Platform.
To the maximum extent permitted by applicable law, Bril Finance excludes all warranties unless expressly stated in these Terms, including warranties of merchantability, fitness for a particular purpose, or non-infringement relating to any use of any part of the Platform or any goods, services or products offered or made available or used in connection with this Platform. Users acknowledge that when they access or use the Platform, and use or receive any goods, services or products offered or made available or used in connection with this Platform (including Products, tokens and digital assets), you do so entirely at your own risk and relying on your own enquiries and judgement. To the extent that any applicable law restricts our right to exclude warranties under these Terms, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions under applicable law apply, notwithstanding any other provision of these Terms, to the extent that Bril Finance is entitled to do so, we limit our liability pursuant to such provisions as follows: ● The supply of the services again; or ● The payment of the cost of having the services supplied again.
Limit of Liability
Bril Finance’s liability arising in connection with the access to or use of any part of the Platform or any goods, services or products offered or made available or used in connection with this Platform (including Products, tokens and digital assets) is limited as follows: ● We exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business; ● Our total maximum liability arising in connection with these Terms, or the Platform, or the Products, is capped at the total amount of any fees or commissions or margins received by us from you in relation to the particular matter; ● Bril Finance’s liability is excluded to the extent that you contributed to the liability; ● Bril Finance’s liability is excluded for anything you have been aware of for longer than six months and a User has not commenced formal legal proceedings. Users waive and release the Released Parties from any such liability or claim; and ● Bril Finance’s liability is subject to Users taking reasonable action (or not acting unreasonably) to mitigate their loss. Bril Finance provides the Platform on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that Users will not have disruptions or other difficulties in using the Platform. In the event that we terminate the Platform or a User’s access to the Platform pursuant to these Terms, Users release the Released Parties from all liability, loss or claims suffered by you as result of or arising out of such termination. Bril Finance is not responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond our control.
Release and Indemnity
Users agree to release Bril Finance and the Released Parties from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with: ● Access to or use of the Platform in any capacity and in any respect; ● Any goods, services or products offered or made available or used in connection with this Platform (including Products, tokens and digital assets); ● A User’s breach of these Terms; ● A User’s infringement of any intellectual property rights of any person, including infringement of intellectual property rights in Products, tokens and digital assets relating to the Platform in any respect; ● A User’s Products, tokens and digital assets (including the value of the Products, tokens and digital assets or the loss of the Products, tokens and digital assets) used on the Platform; ● Any matter for which we have purported to disclaim liability for under these Terms; ● A User’s use, misuse, or abuse of the Platform; and ● A User’s breach or failure to observe any applicable law, (together, the “Released Matters”). Users further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. Users also agree to indemnify, defend and hold harmless the Released Parties from and against all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with any Released Matter.
Users understand and agree that if Products, tokens or digital assets or any proceeds of sale is deposited into an incorrect account address or incorrect Blockchain Wallet, Bril Finance does not have the ability and is under no obligation or duty to return such Product, token or digital asset or sale proceeds to the User. Regardless of whether Bril Finance controls the destination address, this section will apply. Users accept all risk associated with providing the correct account address and correct Blockchain Wallet.
We may permanently or temporarily terminate or suspend your access to the Platform without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Third Party Materials
The Platform may contain links to third party materials (including websites, tokens, digital assets and related materials) that are not owned or controlled by Bril Finance. 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 or service from the Platform on or through any third party website or service, Users do so at their own risk, and Users understand that these Terms do not apply to your use of such sites. Users expressly release the Released Parties from any and all liability arising from your use of any third party website, service, or content. Additionally, User’s dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. Users agree that Bril Finance is not be responsible for any loss or damage of any sort relating to a User’s dealings with such advertisers.