Last updated: March, 2025

These Terms of Use (the “Terms”) govern your relationship with the dYdX Operations Services Limited, a Cayman Islands-exempted company (the “DOS,” “Company,” “we,” “our,” “ours,” and “us”) and your use of (a) the website operated by us and located at https://dydx.forum/ (b) all associated websites linked to https://dydx.forum/ by us; and (c) any materials, content, or services available therein (collectively, the “Site”).

Please read these Terms and our Privacy Notice located at dYdX Operations carefully. By using the Site, you agree to be bound by these Terms, our Privacy Notice, and our Code of Conduct located at Code of Conduct - dYdX Community Forum - Governance, Proposals, and Chain Discussions, which are incorporated into these Terms by reference. If you do not fully agree to these Terms, our Privacy Notice, or our Code of Conduct, you must not use the Site.

  1. Eligibility

  • 1.1. By accessing or using the Site, you represent that you are at least the age of majority (e.g., 18 years of age) and have the full right, power, and authority to enter and comply with these Terms. If you access or use the Site on behalf of a legal entity, (a) all references to “you” throughout these Terms will include that entity, (b) you represent that you are authorized to accept these Terms on that entity’s behalf, and (c) in the event you or the entity violates these Terms, the entity agrees to be responsible to us.

  • 1.2. You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the European Union, the United Nations, or other applicable jurisdictions); (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States, European Union, United Nations, or other applicable jurisdictions.

  1. Intellectual Property Ownership

  • 2.1. The Site may incorporate or link to certain open-source components, and your use of the Site is subject to applicable open-source licenses (“Open-Source Licenses”). You may not resell, lease, lend, share, distribute, or otherwise permit any third party to use the Site in a manner that violates any Open-Source License.

  • 2.2. Excluding any intellectual property or proprietary rights governed by Open-Source Licenses and/or other intellectual property or proprietary rights by third-parties which we are licensed to use, you acknowledge and agree that we own all legal right, title and interest in the Site and its contents, including but not limited to software, text, images, all trademarks, service marks, and trade names (“DOS Materials”). You acknowledge that DOS Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.

  • 2.3. Subject to your compliance with these Terms, we provide you a limited, personal, non- exclusive, non-transferable, non-assignable, fully revocable license to use the Site for your individual use. This license is effective until terminated. We may terminate or suspend any or all portions or features of the interface at any time and for any reason or for no reason with no liability to you. This license does not give you any ownership rights in the DOS Materials. This license does not give you any rights in the DOS’s trade or service marks. You may not use any part of the DOS’s names, logos, or other trade or service marks without prior written consent from us.

  1. User-Generated Content

  • 3.1. By submitting, posting, or displaying content on the Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed. You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any content that you submit.

  • 3.2. By submitting, posting, or displaying content on the Site, you also represent and warrant that you own, or have obtained all necessary rights, licenses, consents, and permissions to use and authorize DOS to use such content in accordance with these Terms. You further warrant that your content does not infringe, misappropriate, or violate any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, privacy rights, or other proprietary rights.

  • 3.3. DOS does not verify, endorse, or accept responsibility for the accuracy, legality, or reliability of user-generated content. DOS is not responsible for monitoring, policing, or enforcing intellectual property rights in user-generated content. DOS does not review content for IP infringement and assumes no liability for any claims of unauthorized use or infringement.

  1. Prohibited Conduct and Content

  • 4.1. You agree not to engage in any of the following conduct (each, a “Prohibited Activity”) with respect to the Site:

    • (I) . Any activity that seeks 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) the deployment of viruses and denial of service attacks;

    • (II). Any activity to defraud any person or entity, including but not limited to providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;

    • (III). Any activity that violates any applicable law, rule, or regulation concerning the trading of securities, derivatives, or commodities;

    • (IV). Creating fake accounts (sybil attacks) to influence governance votes;

    • (V). Coordinating deceptive campaigns to manipulate governance outcomes and/or misrepresenting voting power or governance influence;

    • (VI). Any activity to violate any other applicable law, contract, intellectual property right or other third-party right or commit a tort; and

    • (VII). Any activity that violates our Code of Conduct, including but not limited to harassment, discrimination, or the dissemination of inappropriate content.

  • 4.2. If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately moderate, edit, remove content, suspend or terminate your access to the Site.

  1. Disclaimer of Liability for DAO Governance & Blockchain Transactions

  • 5.1. DOS provides the Site as a platform for discussion related to DAO governance but does not exercise control over, verify, or facilitate governance decisions executed on-chain. By using the Site, you acknowledge and agree that:

    • (I). The Site is an informational forum and does not confer any decision-making authority over DAO governance. All governance actions executed on-chain are independent of DOS and are subject to their respective smart contract mechanisms;

    • (II). DOS does not verify, endorse, or assume responsibility for governance proposals, voting strategies, or governance-related content shared on the Site;

    • (III). DOS shall not be held liable for any financial, reputational, or governance-related losses incurred as a result of reliance on information posted on the Site;

    • (IV). By participating in governance discussions, you acknowledge the risks associated with decentralized governance, including but not limited to proposal execution failures, smart contract vulnerabilities, and governance manipulation by third parties.

  1. Termination

  • 6.1. We may, at any time and at its sole discretion, suspend, terminate, deactivate, and delete your access to or any part of the Site with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any intellectual property rights; (iii) you in engage in any Prohibited Activity; or (iv) you violate our Code of Conduct.

  • 6.2. The following Sections of these Terms will survive termination of this agreement or discontinuation of your access to any part of the Site or the interface: Section 8 (Disclaimer and No Warranties), Section 9 (Indemnification), Section 10 (Limitation of Liability), Section 11 (Release), Section 13 (Dispute Resolution and Binding Arbitration), and Section 15 (Feedback).

  1. No Fiduciary Duties

  • 7.1. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.

  1. No Professional Advice

  • 8.1. You agree and understand that all information provided by the Site is for informational purposes only and should not be construed as legal, financial, or tax advice. You should not take, or refrain from taking, any action based on any information contained in the Site. You should seek independent advice from professional advisers before making any decisions involving your use of the Site.

  1. Disclaimers and No Warranties

  • 9.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT ACCESS TO THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING ANY PART OF THE SITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT THE SITE WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS.

  • 9.2. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION OVER THE INTERNET, AND YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.

  • 9.3. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY EXECUTED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; (iv) USER-GENERATED CONTENT, WHETHER THROUGH THE SITE OR OTHERWISE; OR (v) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, BLOCKCHAIN NETWORK, OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET.

  • 9.4. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

  • 9.5. THE SITE MAY PROVIDE ACCESS TO THIRD-PARTY PLATFORMS, WEBSITES, TOOLS, OR SERVICES. WE DO NOT ENDORSE, MONITOR, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, AND YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE BEFORE ENGAGING WITH EXTERNAL PLATFORMS. WE DISCLAIM ANY LIABILITY FOR DAMAGES OR LOSSES ARISING FROM YOUR INTERACTIONS WITH THIRD-PARTY SERVICES ACCESSED THROUGH THE SITE.

  1. Indemnification
  • 10.1. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the DOS and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, members, owners, and employees (individually and collectively, the “DOS Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Site. You agree to promptly notify the DOS of any third-party Claims, cooperate with the DOS Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the DOS Parties will have control of the defense or settlement, at the DOS Parties’ sole option, of any third-party Claims.

  1. Limitation of Liability

  • 11.1. To the fullest extent permitted by applicable law, the DOS and the other DOS Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the DOS or the other DOS Parties have been advised of the possibility of such damages.

  • 11.2. The total liability of the DOS and the other DOS Parties for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use the Site.

  • 11.3. The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of DOS or the other DOS Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. Release

  • 12.1. To the fullest extent permitted by applicable law, you release DOS and the other DOS Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, United States, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  1. Changes to these Terms

  • 13.1. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.

  • 13.2. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.

  1. Governing Law and Dispute Resolution

  • 14.1. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT AGAINST THE COMPANY. THIS SECTION REQUIRES YOU TO SUBMIT ANY CONTROVERSY, DISPUTE, CLAIM OR DISAGREEMENT (EACH A “DISPUTE”) ARISING OUT OF THESE TERMS OF USE INCLUDING ANY DISPUTE THAT AROSE BEFORE THE EFFECTIVE DATES OF THESE TERMS OF USE, TO BINDING INDIVIDUAL ARBITRATION. THIS SECTION EXTENDS TO DISPUTES THAT AROSE OR INVOLVE FACTS OCCURING BEFORE THE EXISTENCE OF THIS SECTION OR ANY PRIOR VERSIONS OF THESE TERMS OF USE AS WELL AS DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS OF USE.

  • 14.2. You and the Company agree that any Dispute arising out of or related to these Terms of Use is personal to you and the Company and that any Dispute will be resolved solely through binding individual arbitration, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  • 14.3. All matters relating to these Terms of Use and any Dispute arising therefrom or related thereto (in each case, including non-contractual Disputes), shall be governed by and construed in accordance with the internal laws of the Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of the Cayman Islands or any other jurisdiction).

  • 14.4. Any Dispute between the parties arising out of or relating to these Terms of Use shall be settled by arbitration administered by the Cayman Islands Mediation & Arbitration Centre (CI-MAC) in accordance with the Arbitration Act (as amended) of the Cayman Islands. The arbitration shall be seated in George Town, Cayman Islands and shall be heard in the English language and determined by a sole arbitrator. Any award or decision made by the arbitrator shall be in writing and shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in or enforced by any court of competent jurisdiction. You shall not institute any action at law or in equity based upon any claim arising out of or related to these Terms of Use in any court. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the foregoing, nothing in this Section shall be construed to limit any right that cannot be waived or limited by applicable law.

  1. Waiver and Severability

  • 15.1. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision nor shall it preclude or restrict any further exercise of that or any other right or remedy.

  • 15.2. The provisions of these Terms shall be severable in the event that any of the provisions hereof are held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law and these Terms will be construed in all respects as if such invalid or unenforceable provision will be replaced with a valid and enforceable provision as similar as possible to the one replaced.

  1. Feedback

  • 16.1. You may voluntarily post, submit or otherwise communicate to us, including through third party channels, any questions, comments, suggestions, ideas, original or creative materials or other information about the Site (collectively, “Feedback”). By posting or submitting any Feedback to us, you hereby irrevocably grant to the DOS a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media and to incorporate the Feedback into other works in any format or medium now known or later developed. You understand that the DOS may treat Feedback as nonconfidential.

  1. Miscellaneous

  • 17.1. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

  • 17.2. The Company reserves the right to transfer, assign, or delegate its rights and obligations under these Terms, in whole or in part, to any affiliated entity within the same corporate group, including but not limited to subsidiaries or affiliates, without requiring user consent. In the event of a merger, acquisition, corporate restructuring, or sale of assets involving the Company, user accounts, content, and associated rights may be transferred to the acquiring entity. Your continued use of the Site following such a transfer constitutes your acceptance of the new ownership and operation. If you do not agree with the new ownership, you may discontinue your use of the Site.