Orca Protocol Disclaimer
Last Updated: May 10, 2023
The Orca protocol is a decentralized peer-to-peer finance application controlled by holders of the ORCA governance token (the “Orca Community”). The Orca protocol is an automated market maker comprised of certain smart contracts deployed on the Solana blockchain and related software development kits (collectively, the “Smart Contracts”) on which traders or liquidity providers of SPL tokens and other digital assets (collectively, “Digital Assets”) can transact on a peer-to-peer basis. There are multiple versions of the Orca protocol (e.g., Pools, Aquafarms, and Whirlpools), each of which is made up of the free, public, open-source or source-available Smart Contracts. Additionally, just as you can access email protocols such as SMTP through multiple email clients, you can access the Orca protocol through numerous web and mobile user-interfaces (“UIs”) managed by various unaffiliated parties.
By using the Orca protocol and/or the Smart Contracts, you expressly acknowledge and agree that:
no individual or entity involved in creating the Orca protocol or the Smart Contracts will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Orca protocol or the Smart Contracts, including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, or anything else of value;
use of the Orca protocol and/or the Smart Contracts may require that you pay a fee, such as network fees and other charges needed to perform a transaction;
your use of the Orca protocol and/or the Smart Contracts involves various risks, including, without limitation, risks of (a) losses while Digital Assets are being supplied to the Orca protocol and (b) losses due to fluctuating prices of Digital Assets in trading pairs or liquidity pools;
before using the Orca protocol and/or Smart Contracts, you should review the relevant documentation to make sure you understand how the Orca protocol and Smart Contracts work;
you are responsible for doing your own diligence on the various UIs through which you access the Orca protocol and/or the Smart Contracts to understand the fees and risks they present;
the Orca Community has no control over any transactions conducted through the Orca protocol and/or the Smart Contracts, the method of payment of any transactions, or any actual payments of transactions, including, without limitation, use of any third-party services such as Phantom Wallet or other Digital Asset wallet providers;
you must ensure that you have a sufficient balance of the applicable Digital Assets stored at your compatible Digital Asset wallet address to complete any transaction on the Orca protocol, the Smart Contracts, or the Solana network before initiating such transaction; and
the regulatory frameworks applicable to blockchain transactions in connection with Digital Assets are still developing and evolving, and it is possible that (a) any transactions conducted through the Orca protocol, the Smart Contracts, or UIs, as well as any funds earned, lost, or exchanged in connection with such transactions, are, or may be in the future, subject to various reporting, tax, or other liabilities and obligations; (b) legislative and regulatory changes or actions at the national or international level may materially and adversely affect the use, transfer, exchange, and value of your Digital Assets; or (c) certain jurisdictions currently, or may in the future, treat groups of users as a general partnership or some other type of unincorporated association, which may result in a theory of collective liability that could heighten your risks of liability for events or occurrences outside your control.
AS DESCRIBED IN THE ORCA PROTOCOL LICENSES, THE ORCA PROTOCOL AND SMART CONTRACTS ARE PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. Although certain third parties developed much of the initial code for the Orca protocol and the Smart Contracts, none of those parties or any of their respective agents or contractors provide, own, or control the Orca protocol, which is run by the Smart Contracts. Upgrades and modifications to the Orca protocol are managed by the Orca Community.