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Added Terms.md #58

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merged 7 commits into from
Dec 12, 2023
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maelsar
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@maelsar maelsar commented Aug 2, 2023

fixes #43

added a file terms.md

• This is the first iteration of the terms and privacy.
• This is meant to be the groundwork for more qualified contributors to add/remove
• View in markdown to be easier to read
• Sections in BOLD are areas which needs some extra feedback
• I took reference from:
https://exchange.idex.io/legal#privacy-policy
https://dydx.exchange/terms

added a file terms.md
src/app/TERMS.md Outdated

We will not be liable for any loss or damage arising from your failure to protect your Account or your Wallets.

It is your sole responsibility to provide accurate information for creation and maintenance of your account. You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to use in connection with your use of the Site or Services. This includes, but is not limited to, all information and materials that you provide to us in connection with background checks and identity verification. You represent and warrant that (i) all such information and materials are true, accurate, and complete in all respects, comply with applicable law and do not violate or infringe any third-party rights; and (ii) you will immediately notify us about, and correct, and inaccuracy in any such materials or information.
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This isn't relevant i don't think

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Sure. Definitely can remove the bits we don't need. Converted this into a draft since its no rush and others can suggest as well.

@EngineerCharlie
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I'm not a lawyer, and i skimmed through most of that, but those are my observations.

@maelsar maelsar marked this pull request as draft August 2, 2023 08:12
src/app/TERMS.md Outdated

We provide a convenient platform for buying and selling digital assets on the Radix network. **Users deposit their digital assets to the AlphaDEX smart contract,** and, through the Site, authorize Radix transactions to buy and sell those assets for other assets on the Radix network. Users may use our platform to buy and sell digital assets using the AlphaDEX smart contract. Our Services do not allow Users to buy and sell their assets for anything other than assets on the Radix network. That means we do not support the conversion of fiat currency to digital assets, or vice versa.

**We charge a transaction fee for the trade (and/or execution of an order both Market or Limit) to maintain the platform and the services offered. The gas fee or network fee for order execution (including cancelling of orders) to the Radix network is passed on to the user having full control and transparency of the Radix network fees before executing an order.**
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We probably need to include a clause here that states the platform fee can vary from time to time, or agree what our platform fee is going to be (0-0.1%). The wording "network fee is passed on to the user" is a bit clumsy, I suggest we change that to "network fees are visible to user prior to execution".

src/app/TERMS.md Outdated

The digital assets that are available for purchase through the Services may be subject to high or low transaction volume, liquidity issues, and volatility for potentially extended periods. WE MAY ALSO DELIST AN ASSET FROM TRADING ON DeXter AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTICE. You acknowledge that while we are using commercially reasonable methods to provide trading availability and pricing data to you through our Services, we do not guarantee that the Services will be consistently available. You agree that you assume all risks and potential losses associated with digital assets being delisted, price fluctuations, or differences in actual versus indicated prices.

We operate as a platform provider and generally do not act as principal or counterparty with respect to trades entered into on the platform. Notwithstanding the foregoing, (i) we may act as a counterparty for limited trades made for the purpose of liquidating fees collected on User trades, and (ii) our affiliates or partners may execute trades on the platform.
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I don't think the comment on liquidating fees on user trades is relevant to DeXter.

src/app/TERMS.md Outdated

## Reservation of Rights

DeXter reserves the right to bar any transactions on the Site, for or with, any user with or without cause, at any time, subject to any limitations imposed by applicable law. In lieu of refusing access to the Site or Services, DeXter may, in its sole and absolute discretion, perform due diligence. You may be subject to due diligence procedures in your use of the Site or Services. If you decline to provide requested information or otherwise do not reply timely or substantively with the documentation or data requested, DeXter has the absolute discretion to immediately suspend or terminate your Account.
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Do we actually have a means of preventing access to a user? I presume we could block an account address from connecting, but suspend and termination doesn't seem viable

src/app/TERMS.md Outdated

### No promise of liquidity

The ability for you to buy or sell digital assets on IDEX is contingent on there being a counterparty willing to buy or sell the same digital asset. We make no promises as to the timing or availability of buying or selling digital assets on the Site. We reserve the right to change, suspend, or discontinue any aspect of the Services at any time and in any jurisdiction, without notice and without liability. This includes, without limitation, the absolute discretion to list and de-list digital assets available for trading at any time. We are not required to provide advance notice of delisting.
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Note, IDEX name needs correcting.

src/app/TERMS.md Outdated

### No guarantee of continuous access to Services

We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our site may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with the Polygon network. We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions.
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Reference to Polygon network needs updating.

src/app/TERMS.md Outdated
- That neither you nor any of your affiliates will use the Services directly or indirectly (i) on behalf of or for the benefit of a Prohibited Person or any person subject to the jurisdiction of a Prohibited Jurisdiction; (ii) in violation of or as prohibited, restricted, or penalized under applicable law; or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable law.
- That neither you nor any of your affiliates is (i) itself or owned (beneficially or of record) or controlled by a Sanctioned Person; (ii) involved in any transaction, transfer, or conduct that is likely to result in you or your affiliates becoming a Sanctioned Person; (iii) residing or domiciled in a Prohibited Jurisdiction; or (iv) engaging in any transaction on the Site or Services from a Prohibited Jurisdiction.
- That you will not falsify or materially omit any information or provide misleading or inaccurate information requested by DeXter in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of the Services, including, but not limited to, at registration or during administration or other due diligence processes, and that if any information provided to DeXter becomes incorrect or outdated, you will promptly provide corrected information to DeXter.
- That you acknowledge and agree that any Wallet you use in connection with the Services, other than a wallet provided on the Site by DeXter to enable interaction with the Services, is wholly controlled and owned by you and that DeXter does not have any right, title or interest to the wallet, except as otherwise set forth herein.
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No wallet will be provided by dexter, so this term can probably be removed

src/app/TERMS.md Outdated
- That neither you nor any of your affiliates is (i) itself or owned (beneficially or of record) or controlled by a Sanctioned Person; (ii) involved in any transaction, transfer, or conduct that is likely to result in you or your affiliates becoming a Sanctioned Person; (iii) residing or domiciled in a Prohibited Jurisdiction; or (iv) engaging in any transaction on the Site or Services from a Prohibited Jurisdiction.
- That you will not falsify or materially omit any information or provide misleading or inaccurate information requested by DeXter in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of the Services, including, but not limited to, at registration or during administration or other due diligence processes, and that if any information provided to DeXter becomes incorrect or outdated, you will promptly provide corrected information to DeXter.
- That you acknowledge and agree that any Wallet you use in connection with the Services, other than a wallet provided on the Site by DeXter to enable interaction with the Services, is wholly controlled and owned by you and that DeXter does not have any right, title or interest to the wallet, except as otherwise set forth herein.
- That you acknowledge and agree that any transactions undertaken through your login credentials, from your authorized e-mail address on file with DeXter, or from a Wallet in connection with the Services are deemed to be valid, binding, and conclusive.
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We should not be storing any data from users, including email addresses. Login should be only through the wallet connector

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Question though, if a user would email to the "contact us" wouldn't that constitute as collected PII data?

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Yes you're right, or perhaps we want to eliminate email as a means of communication altogether and just use Telegram? I suppose it's still a collection of data though.

src/app/TERMS.md Outdated

## Privacy Policy

By using the RaDex platform, you acknowledge and consent to the terms of this Privacy Policy.
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Note RaDex name needs amendment

@maelsar
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maelsar commented Aug 2, 2023

Thank you for the comments. I will get go through the changes. I apologize for some of the oversight.
In my opinion, after the core team is satisfied enough with the first drafts then that should be the time to ask further feedback redactions and amendments from the Telegram group as suggested by Fred.

-edit: perhaps "core team" may have been inaccurate. More accurately I meant small group.

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RepServ commented Aug 2, 2023

There is a core team? Who make up the core team please?

@Radstakes
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Thank you for the comments. I will get go through the changes. I apologize for some of the oversight. In my opinion, after the core team is satisfied enough with the first drafts then that should be the time to ask further feedback redactions and amendments from the Telegram group as suggested by Fred.

-edit: perhaps "core team" may have been inaccurate. More accurately I meant small group.

Thanks for your contribution! No worries on any oversights, that's why we review! I've already posted a comment in the TG asking for some other reviewers to check, but I doubt there's many people who will want to read these ;-) - I see RepServ is here now, so maybe he can help us.

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RepServ commented Aug 2, 2023

Thank you for the comments. I will get go through the changes. I apologize for some of the oversight. In my opinion, after the core team is satisfied enough with the first drafts then that should be the time to ask further feedback redactions and amendments from the Telegram group as suggested by Fred.

-edit: perhaps "core team" may have been inaccurate. More accurately I meant small group.

Thanks for your contribution! No worries on any oversights, that's why we review! I've already posted a comment in the TG asking for some other reviewers to check, but I doubt there's many people who will want to read these ;-) - I see RepServ is here now, so maybe he can help us.

Lol. I'll need to get my brain working on "legal level" to do that. I started reading but realized I've not fully recovered from a flu infection because my brain is still a bit fuzzy. So I'll pass for now...

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@maelsar is this PR connected to some issue? I'm asking because we have https://github.com/orgs/DeXter-on-Radix/projects/1/views/2 that displays an overview of completed issues (for people to discover contributions) and this one https://github.com/orgs/DeXter-on-Radix/projects/1/views/1 to understand who is working on what currently. Please create a new issue if there is none created yet, I'll assign you to it.

@maelsar
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maelsar commented Aug 2, 2023

my apologies. This is in relation to issue #43

@fliebenberg
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Where are we on this PR? I would suggest we approve what we have up to now (and are happy to include) and then open up new issues if there are specific sections we want to change/add. I dont think it is good if PR's just "hang" unresolved.

@maelsar
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maelsar commented Aug 28, 2023

I apologize for letting this PR hang. Give me about 24 hours to do a few edits on for this to accomodate the suggestions from everyone. Will update again when its ready for review.

-Reduced word count by from the original file by 70%
-Removed redundant statements
-Resolved issues pointed out on the initial PR
@maelsar maelsar marked this pull request as ready for review August 29, 2023 14:08
@maelsar
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maelsar commented Aug 29, 2023

I have overhauled the structure and wordings for PR. I have included all the suggestions and corrections pointed out during the conversation.
-Reduced by 70% word count so its easier to digest the info.
-Removed redundant statements
-Made clauses clearer to understand.

Reminder: Future major revisions can be opened as new issues.

@fliebenberg
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If no-one has reviewed by then, I will review this PR over the weekend. Thanks @maelsar !

@EvgeniiaVak
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In DeXter Contributor's group people only commented with positive stuff so I think it's good to go in. @maelsar would you like to add the text to the /terms page itself (maybe like described in here https://nextjs.org/blog/markdown but maybe just creating divs manually) or are these terms for only for code users, not for the website users?

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I think we need a /terms page with this content.

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remove prohibitions of reusing an modifying the contents of the site
add link to Radix privacy policy
@EvgeniiaVak EvgeniiaVak dismissed their stale review December 8, 2023 16:31

edited the files myself

@maelsar
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maelsar commented Dec 12, 2023

I think this looks good. After reading it again after some time, I think it can be improved by just adding more details. But it does contain the standard provisions. Hopefully a qualified law practitioner would come along in the future to review this though.

@EvgeniiaVak EvgeniiaVak merged commit 9487744 into DeXter-on-Radix:main Dec 12, 2023
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Required Disclosures and Disclaimers (and other legal stuff)
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