Terms & Conditions

Last updated: April 2023

Welcome to https://mevblocker.io, a website-hosted user interface (the "Interface") provided by Nomev Labs, Lda. ("we", "our", or "us") on behalf of and as instructed by CoW DAO. The Interface provides information and access data to an RPC endpoint, which protects against frontrunning/sandwiching and failed transaction submissions. The Interface is one, but not the exclusive, means of accessing the RPC data.

We have not developed, and do not provide and maintain the RPC endpoint itself.

Please read these Terms carefully before using the Interface. By using the Interface, you confirm that you accept these Terms and agree to comply with them. If you do not agree, you must not use the Interface. If you think that there is an error in these Terms, please contact us at legal@nomev.io

TERMS AND CONDITIONS (“TERMS”)

1. WHAT IS COW AND HOW TO CONTACT COW DAO

CoW DAO is an Ethereum and Gnosis Chain based collective managed by community members in accordance with the CoW DAO’s participation agreement. To contact CoW DAO please use the forum at https://forum.cow.fi/.

2. BY USING THE INTERFACE, YOU ACCEPT THESE TERMS

These are the general terms and conditions ("Terms") that apply to the use of the Interface.
By using the Interface, you confirm that you accept and agree to these Terms and that you agree to comply with them. If you do not agree, you must not use the Interface.
You are responsible for ensuring that all persons who access or use the Interface through your device or internet connection are aware of these Terms, and that they comply with them.
We may amend these Terms at our sole discretion. We regularly do so. Every time you wish to use the Interface, please check these Terms to ensure you understand the terms that apply at that time.
We may terminate or suspend your access to the Interface immediately, without prior notice or liability, if you breach any clause of the Terms. Upon termination of your access, your right to use the Interface will immediately cease. Clauses 5 to 20 and any other term intended so will survive any termination of these Terms.
You may have been recommended to the Interface by a third party. We shall not be liable for any agreement or terms that may exist between you and the respective third party.

3. WE MAY MAKE CHANGES TO OR SUSPEND OR WITHDRAW THE INTERFACE

We may update and change the Interface from time to time. The Interface is currently made available free of charge. We do not guarantee that the Interface will always be available or be uninterrupted or be free of charge. We may suspend or withdraw or restrict the availability of all or any part of the Interface for business, operational or regulatory reasons at 1-day’s notice or, in case of Force Majeure in accordance with clause 3.2, at no notice.
Force Majeure shall mean any event, circumstance or cause beyond our reasonable control, which makes the provision of the Interface impossible or onerous, including, without limitation:
1. acts of God, flood, storm, drought, earthquake or other natural disaster;
2. epidemic or pandemic;
3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
4. nuclear, chemical or biological contamination;
5. any law or any action taken by a government or public authority, including without limitation imposing a prohibition, or failing to grant a necessary licence or consent;
6. collapse of buildings, breakdown of plant or machinery, fire, explosion or accident; and
7. strike, industrial action or lockout.
You are also responsible for ensuring that all persons who access the Interface through your internet connection are aware of these Terms and that they comply with them.

4. YOU ARE RESPONSIBLE TO SECURE YOUR CRYPTOGRAPHIC ASSETS, WE DO NOT TAKE CUSTODY

You must control the wallet you use in connection with the Interface.
You are responsible for implementing all appropriate measures for securing the wallet you use for the Interface, including any private key(s), seed words or other credentials necessary to access such storage mechanism(s). By using the Interface, we do not gain custody of any of your private keys.
We shall not be responsible for any security measures relating to the wallet you use for the Interface and exclude (to the fullest extent permitted under applicable law) any and all liability for any security breaches or other acts or omissions, which result in your loss of access or custody of any cryptographic assets stored thereon.

5. YOU ARE RESPONSIBLE FOR AND DETERMINE YOUR TAX LIABILITIES

You are solely responsible to determine if your use of the Interface has tax implications for you. By using the Interface you agree not to hold us liable for any tax liability you incur arising out of or associated with your usage of the Interface or any other action or transaction related thereto.

6. INFORMATION ON THE PLATFORM ARE NOT ADVICE

None of the information available on the Interface, or made otherwise available to you in relation to its use, constitutes any legal, tax, financial or other advice. When in doubt as to the action you should take, you should consult your legal, financial, tax or other professional advisors.

7. OUR INTELLECTUAL PROPERTY RIGHTS ARE RESERVED

Subject to the application of miscellaneous open source licence attaching to the software code of the Interface, we are the owner or the licensee of all intellectual property rights of the Interface. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access the Interface. This licence does not include any resale, commercial or derivative use of the Interface. We reserve and retain all rights not expressly granted to you in these Terms. The Interface may not be reproduced, sold, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of us without our express prior written consent. You may not misuse the Interface and may only use it as permitted by law. If you breach our intellectual property rights in violation of these Terms, your licence to use the Interface will automatically be revoked and terminated immediately.

8. WE ARE NOT RESPONSIBLE FOR BUGS AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the Interface will be secure or free from bugs or viruses.
You are responsible for configuring your information technology and computer programmes to access the Interface. You should use your own virus protection software.
You must not misuse the Interface by knowingly introducing material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Interface, any server on which the Interface may be stored, computer or database connected to the Interface. You must not attack the Interface via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities, including, where possible, by disclosing your identity to them. In the event of such a breach, your right to use the Interface will cease immediately.
We are not responsible for any scammers imitating the interface. You are responsible to ensure that you are interacting with the correct URL. We have no responsibility to cover any funds lost due to scamming activities.

9. RULES ABOUT YOU LINKING TO OUR PLATFORM

You may link to the Interface, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Interface in any website without the website’s authorisation.
The website in which you are linking must comply in all respects with the content standards set out in these Terms. If you wish to link to or make any use of content on the Interface other than that set out above, please contact us via legal@nomev.io

10. YOUR WARRANTIES AND REPRESENTATIONS TO US

By using the Interface you hereby agree, represent and warrant that:

you have read and understood the Terms and agree to be bound by them;
you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms;
you have reached the legal age of majority applicable to you and you agree to provide legitimate and lawful documentation proving such status if we so request;
your usage of the Interface is legal under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject;
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) or (b) a citizen, resident, or organised in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States or the European Union;
you are not a United States citizen, permanent resident alien, entity organised under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States;
you are not a person subject to sanction set out by the EU or Portugal;
you understand the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic assets, token storage facilities (including wallets), blockchain technology and blockchain-based software systems;
you understand that transactions on the Ethereum Mainnet, Gnosis Chain and Ethereum Virtual Machine compatible validation mechanisms are irreversible and may not be erased and that your wallet address and any transaction is displayed permanently and publicly and that you relinquish any right of rectification or erasure of personal data;
you shall comply with any applicable tax obligations in your jurisdiction arising from your use of the interface;
you shall not misuse or gain unauthorised access to the Interface by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the Interface and that in the event you do so or otherwise attack the Interface, we report any such activity to the relevant law enforcement authorities;
you shall not access without authority, interfere with, damage or disrupt any part of the Interface, any equipment or network on which the Interface is stored, any software used in the provision of the Interface or any equipment or network or software owned or used by any third party;
you shall not use the Interface for activities that are unlawful or fraudulent or have such purpose or effect or otherwise support any activities that breach applicable local, national or international law or regulations;
you shall not use the Interface to trade cryptographic assets that are proceeds of criminal or fraudulent activity;
the Interface, Protocol, the Ethereum Blockchain, Gnosis Chain and Ethereum Virtual Machine compatible validation mechanisms are in an early development stage and we accordingly do not guarantee an error-free process and give no price or liquidity guarantee;
you are using the Interface at your own risk;
the risks of using the Interface are substantial and include, but are not limited to, the ones set out in the APPENDIX, which is hereby expressly incorporated into these Terms, and you are willing to accept the risk of loss associated therewith.

11. YOUR INDEMNIFICATION AND LIABILITY TO US

You agree to release and indemnify, defend and hold us and any of our Affiliates harmless, as well as any members, participants, directors, officers, employees, contractors, shareholders and representatives of any of the foregoing, from and against any and all losses, liabilities, damages, costs claims or actions of any kind arising or resulting from your use of the Interface, your breach of these Terms, and any of your acts or omissions that infringe the rights of any person.
We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defence of such matter.
The indemnity set out here is in addition to, and not in lieu of, any other remedies that may be available to us under applicable law.

12. OUR LIABILITY FOR LOSS SUFFERED BY YOU IS LIMITED

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or fraud.

YOU USE THIS INTERFACE AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR SUCH USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO THE INTERFACE. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE INTERFACE; OR THE USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE INTERFACE. WE WILL NOT BE LIABLE FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, BUSINESS INTERRUPTION, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

15. NOT REGISTERED WITH ANY GOVERNMENTAL AGENCY

We are not registered with any governmental supervisory authority in any capacity.

16. NO FIDUCIARY DUTY

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. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

17. HOW TO RESOLVE COMPLAINTS AND DISPUTES

If an alleged breach, controversy, claim, dispute or difference arises out of or in connection with the present Terms about or in connection to this Interface between you and us (a “Dispute”), you agree to seek to resolve the matter with us amicably by referring the matter to legal@nomev.io. For any claim not relating to or connected to the Interface please contact CoW DAO via CoW Forum at https://forum.cow.fi/ with a detailed description, the date and time the issue arose, your handle to contact you on and the outcome you are seeking.

18. DISPUTE RESOLUTION

In the event a Dispute cannot be resolved amicably in accordance with clause 15, you must first refer the Dispute to proceedings under the International Chamber of Commerce (“ICC”) Mediation Rules, which Rules are deemed to be incorporated by reference into this clause 16. The place of mediation shall be London, United Kingdom. The language of the mediation proceedings shall be English.
If the Dispute has not been settled pursuant to the ICC Mediation Rules within 40 days following the filing of a Request for Mediation in accordance with the ICC Mediation Rules or within such other period as the parties to the Dispute may agree in writing, such Dispute shall thereafter be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules. The seat of Arbitration shall be London, United Kingdom. The governing law of this arbitration clause shall be the laws of England and Wales. The language of the arbitration shall be English. The Emergency Arbitrator Provisions shall not apply.
If the Dispute cannot be resolved for legal reasons in accordance with the procedure in Clause 16, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve the Dispute.
YOU AGREE AND UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHT, IF ANY, TO A TRIAL BY JURY AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

19. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the substantive laws of England & Wales without regard to conflict of laws principles.

20. THIRD PARTY BENEFICIARIES

The Terms do not give rise to any third party rights, which may be enforced against us.

21. THE TERMS ARE OUR ENTIRE AGREEMENT WITH YOU

These Terms constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, promises, assurances, assurances, warranty, representation or understanding regarding its subject matter, whether written or oral. You shall have no claim for innocent or negligent misrepresentation or misstatement based on any statement in these Terms, though nothing in this clause shall limit or exclude any liability for fraud.

22. WE WAIVE NO RIGHTS AND DO NOT ALLOW ASSIGNMENT

You may not assign, transfer or delegate any of your rights or duties arising out of or in connection with these Terms to a third party. Any such assignment or transfer shall be void and shall not impose any obligation or liability on us to the assignee or transferee.
Any delay or omission by us in relation to the exercise of any right granted by law or under these Terms shall not as a result exclude or prevent the later exercise of such a right.

21. PROVISIONS ARE SEVERABLE, IF FOUND INVALID

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

APPENDIX

RISKS

REGULATORY ACTION

We could be impacted by regulatory inquiries or action, which could impede or limit your ability to access or use the Interface.

TECHNICAL UNDERSTANDING

RPC endpoints are described in technical language requiring a comprehensive understanding of computer science and mathematics to appreciate the inherent risks.

TRANSACTIONS ON ETHEREUM MAINNET, GNOSIS CHAIN AND ETHEREUM VIRTUAL MACHINE COMPATIBLE VALIDATION MECHANISMS ARE IMMUTABLE AND IRREVERSIBLE

Transactions on Ethereum Mainnet, Gnosis Chain and Ethereum Virtual Machine compatible validation mechanisms are generally immutable and irreversible. Any transaction thereon is therefore irrevocable and final as soon as it is settled thereon.We assume no responsibility and shall have no obligation to you, including but not limited to any responsibility to recover, or assist to recover, any such tokens.

FAILURES WITHIN DATA STORAGE SYSTEMS

The Interface may in part be established on servers at data centre facilities of third party providers and on distributed systems for storing and accessing data including IPFS. Where centralised services may be used, we may be required to transfer the Interface to different facilities, and may incur service interruption in connection with such relocation. Data centre facilities are vulnerable to force majeure events or other failures. Third party providers may suffer breaches of security and others may obtain unauthorised access to our server data. Where content is stored via distributed systems, there may be interference in content addressing, content linking, indexing and discovery. As techniques used to obtain unauthorised access change frequently and generally are not recognised until used against a target, it may not be possible to anticipate these techniques or to implement adequate preventive measures.