Bumper provides information and resources about the fundamentals of the decentralized non-custodial liquidity protocol called the Bumper Protocol (the “Bumper Protocol” or “Protocol”).
“Agreement” means these terms.
“Protocol” means the Bumper Protocol, a decentralised, non-custodial blockchain-based protocol deployed on the Ethereum network. Bumper is designed to facilitate risk management by enabling one set of users (‘Takers’) to ‘sell risk’ into the protocol’s asset pool by locking eligible crypto assets in the protocol’s smart contracts. Another second set of users (‘Makers’) may use the protocol to ‘buy risk’ by providing liquidity in the form of stablecoins to a distinct capital pool. Maker’s deposits are used to settle claims made by a Taker, calling the claim function, once their term ends with the price of their protected asset under the value of their selected floor. In return for assuming some risk, Makers earn yield derived from premiums charged incrementally to Takers. The Bumper protocol also calculates and collects fees from both Takers and Makers, which are deducted from the users’ locked assets.
“Services” means use of the informational and facilitative resources provided by Bumper through the website or any sub-domain thereof. These services include, but are not limited to, providing comprehensive information about, and access to, the Bumper Protocol, its ecosystem, governance, community, and various interfaces and integrations that interact with the EVM (Ethereum Virtual Machine). The Services are intended to assist users engaging with the various smart contracts deployed by Bumper.
“Site” means https://www.bumper.fi/ or any sub-domain.
“we,” “us” or “our” means Bumper
“User,” “you” or “your” means the person accepting this Agreement, provided that if such acceptance is on behalf of a company or other legal entity then: (i) the signatory represents that he/she has the authority to bind such entity to the terms of this Agreement; (ii) “you” and “your” refers to such entity; and (iii) you may be referred to as “Company.”
Bumper.fi is provided as an informational resource. Bumper.fi provides resources about the fundamentals of the Bumper Protocol, which is a fully decentralized, community governed protocol deployed on blockchain, and provides information about the Bumper ecosystem, governance, community, and various interfaces and integrations to the Bumper Protocol.
All information provided in connection with your access and use of the Site and the Services is for informational purposes only. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, technical, or other decisions involving the Bumper Protocol, you should seek independent professional advice from a licensed and qualified individual in the area for which such advice would be appropriate.
You acknowledge and agree that we are not responsible for the availability of such external sites, applications or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
It is important to understand that neither we nor any affiliated entity is a party to any transaction on the blockchain networks underlying the Bumper Protocol; we do not have possession, custody or control over any crypto assets appearing on the Bumper Protocol; and we do not have possession, custody, or control over any user’s funds. Further, we do not store, send, or receive any crypto assets. You understand that when you interact with any Bumper Protocol smart contracts, you retain control over your crypto assets at all times. The private key associated with the wallet address from which you transfer crypto assets or the private key associated is the only private key that can control the crypto assets you transfer into the smart contracts. You alone are responsible for securing your private keys. We do not have access to your private keys. Due to the non-custodial and decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using the Bumper Protocol. You acknowledge that we, for the avoidance of doubt, do not have any information regarding any users, users’ identities, or services beyond what is available or obtainable publicly via the blockchain. We are not responsible for any activities you engage in when using the Bumper Protocol, and you should understand the risks associated with crypto assets, and blockchain technology generally.
The software underlying blockchain networks on which the Bumper Protocol is deployed, including, for example, the Ethereum blockchain, is open source, which means that anyone can use, utilize, and build on top of it. By using the Services, you acknowledge and agree (i) that we are not responsible for the operation of the blockchain-based software and networks underlying the Bumper Protocol, (ii) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (iii) that the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks”.
If requested, User shall provide accurate, current and complete information on User’s legal name, address, e-mail address and phone number, and maintain and promptly update this information if it should change. User warrants they have the legal capacity to be bound to these terms and will not violate any laws or third-party rights.Transactions on the blockchain are not anonymous.
A widespread belief is that transactions involving blockchains are anonymous. In fact, a central feature of blockchains and thus, blockchain-based transactions, are that they are transparent. Your public key and your wallet address, which you need to buy or sell items on the blockchain, are visible to anyone. To the extent your public key or wallet address can be linked back to you, it would be possible for someone to determine your identity and the crypto assets you own.
Transactions on the Bumper Protocol rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of crypto assets, their market value, or digital funds.
You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Protocol. We assume no liability or responsibility for any such risks. If you are not comfortable assuming these risks, you should not access or engage in transactions using blockchain-based technology.
One of the other defining features of blockchain technology is that its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. This includes smart contracts and crypto assets generated and programmed by smart contracts.
THUS, TRANSACTIONS RECORDED ON THE BLOCKCHAIN, INCLUDING TRANSFERS OF CRYPTOASSETS AND DATA PROGRAMMED INTO THESE ASSETS (SUCH AS REVENUE AND INTEREST ALLOCATIONS), MUST BE TREATED AS PERMANENT AND CANNOT BE UNDONE BY US OR BY ANYONE. YOU MUST BE VERY CAREFUL WHEN YOU FINALIZE ANY TRANSACTION THAT WILL BE RECORDED ON THE BLOCKCHAIN.
To access certain aspects of the Protocol, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Protocol or certain games, services, or functionality, Bumper may require some or all users to download updated or additional software. The terms of use of such software may be subject to separate agreement between you and Bumper.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than username), and you must not disclose it to others. You must immediately notify us of any unauthorized use of your username or password or any other breach of security. You should
use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Protocol through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.
All intellectual property rights in and to the Protocol, and any content or materials provided on the Protocol, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by Bumper or its content suppliers and protected by applicable copyright, trademark, and other intellectual property laws.
The Protocol, including all content, features, and functionality thereof, are owned by Bumper, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
You are permitted to use the Protocol for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Bumper.
Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Protocol, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Protocol. However, if you are otherwise in compliance with these
Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Protocol, access to the Protocol or use of the Protocol or any services or materials available through the Protocol.
For clarity, the foregoing permissions are limited to the Protocol, and no rights are granted with respect to any servers, computers, or databases associated with the Protocol.
Bumper reserves the right to terminate or suspend the User's access to the Protocol without prior notice, if the User violates these Terms and Conditions or engages in any conduct that is harmful or offensive to the Protocol or other users of the Protocol at the sole discretion of Bumper. The User agrees that Bumper shall not be liable to the User or any third party for any termination or suspension of access to the Protocol.
We are not responsible for the content or services of any third-party, including, without limitation, any network, or apps like Discord, or MetaMask, and we make no representations regarding the content or accuracy of any third-party services or materials. The use and access of any third-party products or services, including through the Bumper Protocol, is at your own risk.
We reserve the right to restrict your access from engaging with the Bumper Protocol. You agree that we have the right to restrict your access to the Bumper Protocol via any technically available methods if we suspect, in our sole discretion, that (a) you are using the Bumper Protocol for money laundering or any illegal activity; (b) you have engaged in fraudulent activity; (c) you have acquired crypto assets using inappropriate methods, including the use of stolen funds to purchase such assets; (d) you are the target of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction; (e) either you, as an individual or an entity, or your wallet address is listed on the Specially Designated Nationals and Blocked Persons List (“SDN List”), Consolidated Sanctions List (“Non-SDN Lists), or any other sanctions lists administered by OFAC; (f) you are located, organized, or resident in a country or territory that is, or whose government is, the subject of sanctions; or (g) you have otherwise acted in violation of these Terms.
If we have a reasonable suspicion that you are utilizing the Site for illegal purposes, we reserve the right to take whatever action we deem appropriate.
As a condition to accessing or using the Bumper Protocol or the Site, you acknowledge, understand, and agree that from time to time, the Site and the Services may be inaccessible or inoperable for any reason, including, but not limited to equipment malfunctions, periodic maintenance procedures or repairs, causes beyond our control or that we could not reasonably foresee, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers or external partners for any reason. Users will be notified of downtime as soon as possible via email, website, or any social media outlet.
You are responsible for your taxes and duties. Users bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Bumper Protocol, and/or payable as the result of using and/or exploiting any crypto assets and interacting with smart contracts. Blockchain-based transactions are novel, and their tax treatment is uncertain.
You may only use the Services if you comply with this Agreement (including, without limitation, these Terms), applicable third-party policies, and all applicable laws, rules, regulations and related guidance.
The following conduct is prohibited:
Violating our rules may result in our intervention. You agree and acknowledge that if you use the Bumper Protocol to engage in conduct prohibited by applicable law, we permanently reserve the right to completely or partially restrict or revoke your access to the Bumper Protocol, either completely or for a period of time, at our sole discretion. We reserve the right to amend, rectify, edit, or otherwise alter transaction data to remediate or mitigate any damage caused either to us or to any other person as a result of a user’s violation.
We reserve the right to investigate violations. We reserve the right to investigate and prosecute any suspected breaches of this Agreement, including the Terms. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Protocol. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Protocol and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Protocol are provided by Bumper on an “as is” and “as available” basis. Bumper makes no representations or warranties of any kind, express or implied, as to the operation of the Protocol, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Protocol. You expressly agree that your use of the Protocol is at your sole risk.
To the full extent permissible by law, Bumper disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bumper does not warrant that the Protocol, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Protocol, Bumper’s servers, or electronic communications sent from Bumper are free of viruses or other harmful components.
To the full extent permissible by law, Bumper will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in
connection with this these Terms. Further, to the full extent permissible by law, Bumper’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to Bumper under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation
Any dispute or claim by you arising out of or related to these Terms shall be governed by the law of the British Virgin Islands, exclusive of its choice of law rules. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and Bumper agree to submit to the exclusive jurisdiction of the British Virgin Islands. You and Bumper agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms and will not affect the validity or enforceability of the remainder of these Terms.
Users will be informed about updates or changes to the Terms and Conditions via email, website, or social media outlet.
For questions about these Terms and Conditions, you may contact support@bumper.fi.
