Avon Terms of Service

The Services provide an interface that displays data and enables users, via a third-party Wallet, to interact with the Protocol and/or Third-Party Protocols on public blockchains.

The Protocol is separate from the Services. The Protocol may be accessible through other interfaces or directly through blockchain transactions. Avon does not guarantee that the Services are the only or best way to access the Protocol, and Avon does not guarantee that the Protocol will remain accessible through the Services.

Avon does not have custody, possession, or control over your But we do not have access to your private keys, seed phrases, or Wallet, and cannot recover them.

Transactions you sign and submit are recorded on public blockchains. Avon does not control what information is made public on those blockchains as a result of your transactions.

We may update, modify, suspend, limit, or discontinue any part of the Services at any time. We may monitor usage to operate the Services, maintain security, enforce these Terms, and comply with legal obligations.

Avon may or may not charge fees for the Services. Even if Avon charges no fees, you may incur blockchain network fees (gas), protocol fees, Strategy fees, liquidation penalties, third-party fees, and Wallet/provider fees. All transactions are typically non-refundable once submitted. You are solely responsible for all taxes associated with your use of the Services, Protocol, or Third-Party Protocols.

Markets/Strategies may be created or configured by Strategy Managers. Strategy Managers are responsible for the risk parameters and operation of their Markets/Strategies, including interest models, LLTV/LTV, liquidation mechanics, oracle selection, caps, whitelists, fee settings, upgrades, pauses, and disclosures.

Unless Avon expressly agrees otherwise in writing, Strategy Managers are not Avon’s agents. Avon does not control or supervise third-party Strategy Managers.

Avon does not endorse, guarantee, or make any representation about the safety, legality, suitability, profitability, performance, or correctness of any Market/Strategy or Strategy Manager decisions. You are solely responsible for evaluating and selecting Markets/Strategies.

Certain Markets/Strategies or Protocol components may have administrative privileges, upgradeability, or pause controls (including via multisigs). Such controls may be held by Avon, Strategy Managers, DAOs, or third parties. You acknowledge that administrative actions (or failures to act)may affect your positions, including through pausing, upgrading, parameter changes, or other interventions.

MegaVault is a smart-contract-based product. It is not a bank account, brokerage account, custodial arrangement, or insured deposit. Avon does not provide personalized advice, suitability determinations, or fiduciary services in connection with MegaVault.

You acknowledge and agree that Avon may, initially, configure or manage certain MegaVault operational parameters (for example allocation targets, caps, routes, supported assets, and risk settings). However:

• any such management is not investment advice and does not create any fiduciary duty, agency relationship, or obligation to act in your best interest;
• Avon does not guarantee any outcome, yield, safety, liquidity, or performance; and
• you use MegaVault at your own risk, and you may lose some or all of your deposited assets.

MegaVault may allocate to or interact with Third-Party Protocols, which may be hacked, exploited, paused, manipulated, or otherwise fail. Avon is not responsible for Third-Party Protocols and does not guarantee their safety or availability.

Any APR/APY/yield, points, rewards, or similar metrics displayed in the Services are informational estimates only, do not constitute a promise or guarantee.

Avon may modify, pause, limit, or discontinue MegaVault or any allocation pathway at any time (including for security, compliance, sanctions, market integrity, liquidity, or operational reasons).

You must be at least 18 years old (or the age of majority in your jurisdiction) and have legal capacity to enter into these Terms.

A “Prohibited Person” means any person or entity that is:

• listed on, or owned or controlled by any person listed on, sanctions or restricted party lists maintained by the United States (including OFAC), the United Nations, the European Union, the United Kingdom, Switzerland, or other applicable authorities; or
• located in, resident in, organized under the laws of, or ordinarily resident in any Restricted Territory; or
• otherwise prohibited from using the Services under applicable law.

Ownership/control rule: A person or entity may be a Prohibited Person if it is owned or controlled (directly or indirectly) by one or more sanctioned persons, including under applicable “50% rule” guidance or similar standards.

The Services are not offered in any jurisdiction where access or use would be unlawful, or where doing so would require Avon to obtain licensing, registration, or approvals.

A "Restricted Territory" includes:

• any comprehensively sanctioned or embargoed jurisdiction/territory; and
• any jurisdiction listed in Schedule A (non-exhaustive, convenience list); and
• any jurisdiction that Avon designates from time to time for compliance or risk reasons.

Avon may use tools such as IP-based geofencing, wallet screening, and other controls to enforce restrictions. You must not attempt to circumvent restrictions (including by VPN, proxy, or similar tools) or misrepresent your location, residency, or status.

You are solely responsible for complying with all laws applicable to you. Avon does not represent that the Services are lawful in your jurisdiction.

The Services and their look and feel, branding, UI, and related materials (excluding open-source Protocol code and third-party content) are owned by Avon or its licensors and protected by intellectual property laws.

Subject to these Terms, Avon grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose.

If you provide feedback, suggestions, or ideas, you grant Avon a perpetual, worldwide, royalty-free right to use them without compensation.

Before initiating arbitration, you agree to contact us at contact@avon.xyz and attempt to resolve disputes informally for at least 30 days.

Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the Protocol (even if accessed without the Services) will be finally resolved by binding arbitration under the BVI International Arbitration Centre (BVI IAC)rules.

• Seat: British Virgin Islands
• Language: English
• Arbitrator: One (1) arbitrator (unless required otherwise by the applicable rules)

YOU AND AVON AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Either party may seek injunctive or equitable relief for intellectual property infringement, unauthorized access, or misuse of the Services in a court of competent jurisdiction. Claims eligible for small claims court (where applicable) may be brought in small claims court on an individual basis.

You may opt out of arbitration by sending written notice to contact@avon.xyz within 30 days of first accepting these Terms, clearly stating that you wish to opt out of arbitration and including the wallet address you used to access the Services. If you opt out, disputes will be resolved in the courts of the British Virgin Islands, and the class action waiver will still apply to the fullest extent permitted by law.