Terms of Mirage
1. Scope and acceptance
1.1 These terms and conditions (the "Terms") apply to the use of the website available at http://www.mirageprivacy.com (the "Website"), operated by Mirage Technology AG (the "Company").
1.2 By visiting, accessing, or using the Website, you (the "Visitor") accept and agree to be bound by these Terms.
1.3 If you do not agree to these Terms, you shall not visit, access, or use the Website.
1.4 The Terms applicable at the time of use shall apply. The Company may amend these Terms at any time by publishing a revised version on the Website. Continued use of the Website after such publication constitutes acceptance of the amended Terms.
2. Definitions
The following definitions apply throughout these Terms:
- Blockchain: The distributed ledger technology network(s) on which the Protocol is deployed.
- Interface: The user interface provided through the Website that facilitates the Visitor's interaction with the Protocol.
- Protocol: The Mirage decentralized system, operating autonomously and without any centralized operator.
- Smart Contracts: The self-executing programs deployed by the Visitors on the Blockchain.
- Node Operators: The operators of the Nomad software that execute transactions that a user of the Protocol broadcasts to the Protocol.
- Wallet: A third-party software application (such as MetaMask) used by the Visitor to interact with the Blockchain.
3. Nature of the Website and the Protocol
3.1 The Website provides an Interface that facilitates the Visitor's interaction with the Protocol. The Interface is a visualization and transaction preparation tool only. It does not execute transactions on behalf of the Visitor, does not custody, hold, or control any funds or tokens, and does not form part of the Protocol.
3.2 The Protocol operates autonomously based on independent Node Operators and on the Blockchain. Interaction with the Protocol is possible without the Interface, including through direct smart contract deployment, command-line tools, or alternative frontends. The Website is not necessary for the operation of or interaction with the Protocol.
3.3 The functionality of the Protocol is based on the programmatic code that is executed by Node Operators and on the Blockchain. Reference is made to the technical documentation provided by the Company, whereas the technical documentation may contain errors and is provided "as is" without any warranty for completeness or accuracy.
3.4 No entity, including the Company, controls, operates, or is responsible for the Protocol, the Smart Contracts, or the Blockchain. The Company operates the Website and the Interface only and has no ability to influence, modify, pause, or reverse any transaction executed through the Protocol.
3.5 The Website operates on a non-custodial basis. The Visitor requires a third-party Wallet to interact with the Protocol. The Company never has access to, custody of, or control over the Visitor's private keys, funds, or tokens.
3.6 The Protocol and the Smart Contracts are of an experimental nature and may contain bugs, vulnerabilities, or errors. Smart contract audits, if any, do not guarantee the absence of vulnerabilities or the correct functioning of the Protocol.
3.7 The Company may implement restrictions on the access and use of the Website and/or the Interface in its reasonable discretion, including but not limited to blocking certain IP-addresses and wallet addresses.
4. Eligibility and representations by the Visitor
By accessing or using the Website, the Visitor represents and warrants that:
- the Visitor is at least eighteen (18) years of age and has reached the age of majority in the Visitor's jurisdiction;
- the Visitor has the full legal capacity, right, power, and authority to accept and comply with these Terms;
- the Visitor's access to and use of the Website and the Protocol complies with all laws and regulations applicable to the Visitor, including the laws of the Visitor's jurisdiction of residence and domicile;
- the Visitor is not a Restricted Person and is not accessing the Website from a Prohibited Jurisdiction (as defined in Section 11);
- the Visitor has sufficient knowledge and experience to understand the functioning and risks of decentralized protocols, smart contracts, digital assets, and blockchain technology;
- the Visitor is not relying on the Company or the Website for any legal, tax, financial, or investment advice;
- the Visitor is solely responsible for assessing the legal and regulatory status of the Protocol and any tokens in the Visitor's jurisdiction; and
- the Visitor's interaction with the Protocol is entirely at the Visitor's own risk and could lead to substantial or complete loss of funds.
5. Risks
5.1 The Visitor acknowledges and accepts that the use of the Website and the interaction with the Protocol involve significant risks, including but not limited to:
- Smart contract risk: the Smart Contracts may contain bugs, vulnerabilities, or errors that could result in the loss of funds or unintended consequences;
- Blockchain risk: the Blockchain may be subject to forks, reorganizations, network congestion, 51% attacks, maximal extractable value (MEV) extraction, or other disruptions that could affect transactions;
- Oracle risk: the Protocol may rely on external data feeds (oracles) that could provide incorrect, delayed, or manipulated data;
- Regulatory risk: the regulatory treatment of decentralized protocols, digital assets, and related activities is uncertain and subject to change across jurisdictions, which may adversely affect the Protocol or the Visitor's ability to use it;
- Liquidity risk: liquidity in Protocol pools or markets may be insufficient, resulting in unfavourable execution prices, slippage, or the inability to execute transactions;
- Market risk: the value of tokens and digital assets is highly volatile and may decline substantially or become worthless;
- Bridge and composability risk: interaction with third-party bridges, protocols, or smart contracts introduces additional risk vectors outside the control of the Company;
- Governance risk: if the Protocol has governance mechanisms, governance decisions may be made that adversely affect the Visitor's position or interests; and
- Technology risk: the Protocol and the Blockchain are experimental technologies that may become obsolete, be superseded, or cease to function.
5.2 The foregoing list of risks is not exhaustive. The Visitor uses the Protocol entirely at the Visitor's own risk and could suffer substantial or complete loss of funds. To assess the viability, risks, and suitability of the Protocol is the Visitor's sole responsibility.
5.3 The Company is under no obligation to inform the Visitor of any particular risks relating to the Visitor and/or a specific transaction.
5.4 No guarantee is made as to the availability, accuracy, completeness, or timeliness of information displayed on the Website.
6. Loss of private keys
6.1 The Visitor is solely responsible for safeguarding the Visitor's private keys, seed phrases, and any other credentials used to access the Visitor's Wallet.
6.2 If the Visitor's private keys or seed phrases are lost, the Visitor will irreversibly lose access to the Visitor's funds and tokens. The Company has no means of recovering such access and bears no responsibility for any such loss.
7. No representations or warranties
7.1 The Website (including any technical documentation or other information) and the Interface are provided "as is" and "as available". The Company makes no representations or warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, or uninterrupted availability.
7.2 Without limiting the foregoing, the Company makes no representations or warranties regarding the Protocol, the Smart Contracts, the Blockchain, or any tokens, all of which are entirely outside the Company's control.
7.3 The Website may contain or link to third-party content or third-party websites. The Company assumes no responsibility for and makes no representations or warranties regarding any third-party content, services, or websites, including their accuracy, legality, or safety.
8. Liability
8.1 Protocol
The Company is not liable, under any legal theory whatsoever, for any loss, damage, cost, expense, or claim arising from or in connection with the Protocol, the Smart Contracts, the Blockchain, any tokens, any DAO, any governance tokens, or any third-party services. These are entirely outside the Company's control and responsibility. This exclusion applies regardless of whether such loss or damage was foreseeable, and regardless of whether the Company has been advised of the possibility of such loss or damage.
8.2 Website and Interface
8.2.1 To the maximum extent permitted by applicable mandatory law, the Company excludes all liability in connection with the Website and the Interface. Liability for slight negligence is excluded in its entirety. Liability for gross negligence and intentional misconduct remains reserved only to the extent mandated by applicable law.
8.2.2 In no event shall the Company, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profit, revenue, data, goodwill, or opportunity, regardless of the legal theory and regardless of whether such damages were foreseeable.
8.2.3 To the extent that the Company's liability cannot be fully excluded under mandatory law, the Company's aggregate liability under or in connection with these Terms shall in no event exceed the lower of: (a) the aggregate amount of fees, if any, paid by the Visitor to the Company in the twelve (12) months preceding the event giving rise to the claim; or (b) CHF 1'000.
9. Indemnification
The Visitor shall indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
- the Visitor's use of the Website or the Protocol;
- any violation of these Terms by the Visitor;
- any violation of applicable law or regulation by the Visitor;
- any infringement of the rights of any third party by the Visitor; or
- any inaccuracy in the representations made by the Visitor under these Terms.
10. Intellectual property
10.1 The Company retains all rights, title, and interest in and to the Website, the Interface, and all associated intellectual property rights, including copyrights, trademarks, domain names, logos, and trade dress.
10.2 The Protocol's source code may be subject to a separate open-source license. These Terms do not grant the Visitor any rights to such code beyond what the applicable open-source license provides. Open-source licenses do not extend to the Company's trademarks, branding, or other proprietary rights.
10.3 No implied license is granted to the Visitor beyond the right to access and use the Website in accordance with these Terms.
11. Restricted persons and prohibited jurisdictions
11.1 The Website is not available to, and shall not be used by, any Restricted Person. A "Restricted Person" is any person who:
- is subject to economic or trade sanctions under the laws of Switzerland (SECO sanctions), the European Union, the United States (OFAC/SDN lists), the United Kingdom, or the United Nations;
- is located in, ordinarily resident in, a national of, or organized under the laws of any jurisdiction subject to comprehensive sanctions or that is otherwise considered high risk, including but not limited to Afghanistan, Belarus, Burundi, the Central African Republic, Cuba, the Democratic Republic of Congo, the Democratic People's Republic of Korea, the Crimea region of Ukraine, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Libya, Mali, Moldova, Myanmar, Nicaragua, North Korea, Russia, Somalia, Sudan, South Sudan, Syria, the USA, Venezuela, Yemen, and Zimbabwe or any other jurisdiction in which accessing or using the Protocol is or may be prohibited (each a "Prohibited Jurisdiction"); or
- is otherwise prohibited by applicable law from accessing or using the Website or the Protocol.
11.2 The Company reserves the right to restrict or block access to the Website and/or the Interface at any time and without prior notice if it has reason to believe that a Visitor is or has become a Restricted Person.
12. Prohibited activities
The Visitor shall not use the Website or the Interface to:
- violate any applicable law, regulation, or third-party right;
- engage in, facilitate, or promote money laundering, terrorist financing, sanctions evasion, fraud, or any other illicit activity;
- engage in market manipulation or any activity designed to artificially influence the price or trading volume of any token;
- circumvent any access restrictions, geo-blocking mechanisms, or technical safeguards implemented on the Website;
- introduce any malware, virus, exploit, or malicious code to the Website, the Interface, or the Protocol; or
- reverse engineer, decompile, or disassemble the Website or the Interface, except to the extent expressly permitted by applicable mandatory law or an applicable open-source license.
13. Fees
13.1 Any fees charged through the Interface, if applicable, are disclosed on the Website prior to the Visitor's confirmation of a transaction.
13.2 Protocol-level fees are determined solely by the Smart Contracts and the Node Operators. They are not set, controlled, or received by the Company, unless explicitly disclosed otherwise on the Website.
13.3 Gas and network fees are paid by the Visitor directly to the Blockchain network validators and are not received by the Company.
13.4 The Visitor is solely responsible for understanding all applicable fees before confirming any transaction.
14. Tax
14.1 The Visitor bears the sole responsibility to determine whether any interaction with the Protocol or any transaction, gain, loss, or other event related to the Protocol has tax implications for the Visitor.
14.2 The Company does not provide tax advice and assumes no responsibility for any tax liability of the Visitor.
15. Third-party services
15.1 The Website or the Interface may integrate or link to third-party services, including but not limited to Wallet providers, oracles, block explorers, bridges, data aggregators, and analytics tools.
15.2 The Company assumes no responsibility for the availability, accuracy, security, legality, or performance of any third-party service. The use of any third-party service is subject to the respective terms and conditions of the third-party provider.
16. Modification, suspension, and termination
16.1 The Company may modify these Terms at any time by publishing an updated version on the Website. The amended Terms shall apply from the date of their publication.
16.2 The Company may suspend, restrict, or discontinue the Website or the Interface, in whole or in part, at any time, without prior notice and without liability. The Company is under no obligation to maintain, update, or continue to operate the Website or the Interface.
17. Miscellaneous
17.1 Entire agreement: These Terms constitute the entire agreement between the Visitor and the Company with respect to the use of the Website and supersede all prior or contemporaneous communications, agreements, and understandings relating to the subject matter hereof. General terms and conditions of the Visitor are excluded.
17.2 Severability: If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that achieves the original economic purpose as closely as possible.
17.3 No waiver: The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.4 No assignment: The Visitor may not assign any rights, obligations, or claims under these Terms without the prior written consent of the Company. The Company may freely assign these Terms or any rights hereunder.
17.5 Force majeure: The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to blockchain events (hard forks, network outages, consensus failures), cyberattacks, natural disasters, pandemics, regulatory changes, governmental actions, or disruptions to internet infrastructure.
17.6 Notices: Any notices or communications under these Terms may be made by the Company by publication on the Website, which shall constitute sufficient notice to the Visitor.
18. Governing law and jurisdiction
18.1 These Terms, and all claims or causes of action arising out of, relating to, or in connection with these Terms or the use of the Website, shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding the conflict-of-laws rules of Swiss private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
18.2 The ordinary courts at the seat of the Company in the Canton of Zug, Switzerland, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to any mandatory statutory provisions on jurisdiction.
18.3 Class action and jury trial waiver: To the extent permitted by applicable law, the Visitor agrees to bring any and all disputes against the Company in the Visitor's individual capacity only and not as a plaintiff in, or member of, any purported class action, collective action, private attorney general action, or other representative proceeding. The Visitor further waives, to the extent permitted by applicable law, any right to a trial by jury in connection with any dispute arising out of or relating to these Terms.