Terms of Service

1. Acceptance of Terms

1.1 These Terms constitute a legally binding agreement between you and Gingk.

1.2 You confirm that you are at least 18 years of age or have reached the age of majority in your jurisdiction, whichever is higher, and that you have full legal capacity to enter into these Terms.

1.3 If you use the Gingk Services on behalf of an organization or other legal entity, you represent and warrant that you have full authority to accept these Terms on its behalf. In that case, “you” refers to both that entity and the individual acting on its behalf.

1.4 We will require you to provide affirmative consent, such as by checking a box or clicking a button, when you register, connect a wallet, place an order, or are presented with a material amendment to these Terms.

2. Description of the Gingk Services

2.1 Gingk is a research and risk information platform for on-chain investment products. It helps users understand what they are acquiring, where returns come from, who is responsible for payment obligations, and how principal may be lost. The Gingk Services currently include:

• Product Research and Presentation: Researching, organizing, and presenting information concerning on-chain investment products across asset classes including stablecoins, government bonds, corporate credit, consumer credit, real estate debt, and diversified credit;
• Gingk Risk Assessments: Assessing products based on factors such as investor rights, underlying assets, responsible parties, credit protection, liquidity, and evidence quality, and identifying the verification status of information, such as verified, disclosed by the project but not yet verified, conflicting, or unverifiable;
• Official Sources and Product Structure: Presenting, where available, official product information, on-chain contract information, and fund-flow paths to help users understand product structures;
• Subscription Links: Providing links for most products to official issuer or third-party channels, where you may independently obtain further information or subscribe for the relevant product; and
• Self-Custodial Wallet Connectivity (where available): For certain products that support direct on-chain subscription, Gingk may enable you to connect your own self-custodial wallet and interact directly with the relevant on-chain smart contract to subscribe in your own name. Availability of this functionality will be indicated within the Gingk Services.

2.2 The content, available range of products, risk assessment methodology, and functionality of the Gingk Services may be modified, expanded, or discontinued at any time without individual notice. We will, however, use reasonable efforts to display the current applicable version within the Gingk Services.

3. Eligibility

3.1 The Gingk Services are not limited to users in any particular country or region. However, eligibility to subscribe for any investment product displayed or linked through the Gingk Services is determined independently by the relevant product issuer or other third party in accordance with applicable jurisdictional restrictions, know-your-customer and anti-money laundering requirements, and investor suitability requirements. Gingk does not determine or guarantee whether any user is eligible to subscribe for any particular product.

3.2 You are solely responsible for determining whether accessing the Gingk Services, reviewing the related research, and subscribing for any relevant product through a third-party channel or by on-chain means are lawful in your jurisdiction. If applicable law prohibits you from accessing the Gingk Services, you must not use them.

3.3 Subject to mandatory applicable law, we reserve the right to determine whether and how the Gingk Services, or any part of them, are made available to any particular region or user.

4. No Investment Advice, Recommendation, or Offer

4.1 Gingk provides research and information only. It does not provide investment, financial, legal, or tax advice, or any recommendation to purchase, hold, or sell any product.

4.2 Product information, Gingk Risk Assessments, and any related content displayed by Gingk do not constitute Gingk’s endorsement, guarantee, or recommendation of any product, nor do they constitute an offer or solicitation to buy, sell, or hold any financial instrument.

4.3 Gingk is not a licensed investment adviser, broker, exchange, fund manager, or custodian. Neither these Terms nor the provision of the Gingk Services should be construed as Gingk acting in any such licensed capacity.

4.4 Any decision whether to purchase or how to allocate capital to an investment product must be based solely on your own independent judgment and risk tolerance, after consulting licensed professionals such as legal counsel, tax advisers, or licensed investment advisers where appropriate. We recommend that you conduct your own further due diligence before making any investment decision.

4.5 Gingk’s content and risk assessments are general information intended for the public. They do not take into account your personal financial circumstances, investment objectives, risk tolerance, or other specific circumstances and do not constitute personalized advice or a recommendation to you.

5. Nature and Limitations of Gingk Risk Assessments

5.1 Gingk Risk Assessments are judgments made in good faith by Gingk, based on publicly available information, disclosures by project parties, and other evidence available at the relevant time and in accordance with Gingk’s internal methodology. They reflect Gingk’s judgment at a particular point in time and are not a guarantee of any product’s safety, regulatory compliance, or performance.

5.2 Gingk labels the verification status of information. These labels reflect the availability and verifiability of supporting evidence and do not mean that Gingk has made a substantive determination that the corresponding facts are true. A “Verified” label means only that the relevant claim is supported by a corresponding formal document, official record, on-chain data, or other evidence capable of independent verification. It does not mean that the product is free from risk or that no loss will occur.

5.3 Gingk’s risk assessment methodology, assessment factors, and presentation may be modified, updated, or iterated over time. A historically displayed risk level does not represent a future assessment and does not guarantee any product’s future performance.

5.4 Regardless of the risk level assigned by Gingk to any product, cryptoassets and on-chain investment products involve a risk that you may lose all of your principal. Causes may include, without limitation, default by an issuer or other responsible party, underperformance of underlying assets, smart contract vulnerabilities, changes in regulatory policy, or insufficient market liquidity.

5.5 Any risk level or score presented in a Gingk Risk Assessment is not a quantitative prediction of the probability of loss, a credit rating, or a suitability determination for any particular user. Gingk is not a credit rating agency and does not conduct suitability assessments or engage in other regulated activities of that nature.

6. Non-Custodial Services and Self-Custodial Wallet Connections

6.1 Gingk’s wallet connection functionality is designed to operate on a non-custodial basis. It facilitates a connection between your self-custodial wallet and a relevant third-party on-chain contract, enabling you to initiate an on-chain transaction directly in your own name.

6.2 Any on-chain transaction initiated through the wallet connection functionality is signed and submitted by you through your own wallet.

6.3 You understand and agree that:

• You are solely responsible for safeguarding and securing your wallet’s private keys, seed phrase, and other access credentials. Gingk cannot recover lost credentials or cancel, modify, or reverse a transaction once it has been recorded on-chain;
• Blockchain network congestion, fluctuations in gas fees, network outages, smart contract vulnerabilities, or failures of third-party protocols may affect the execution, speed, or outcome of a transaction, and you assume all related risks; and
• Gingk makes no representation or warranty regarding the security, code quality, or audit status of any third-party smart contract to which you connect.

6.4 Before connecting a wallet or initiating a transaction, you must independently verify the contract address, transaction amount, and applicable terms. A transaction confirmed on-chain generally cannot be reversed.

7. Third-Party Websites, Products, and Services

7.1 The Gingk Services contain links or access points to third-party websites, applications, or on-chain contracts, including official subscription channels operated by product issuers. These third parties are independent of Gingk and are not controlled by Gingk. Each third party is solely responsible for its website content, terms of service, privacy policy, fees, product design, and security measures.

7.2 By accessing or using a third-party website or product through a link or access point provided by Gingk, you agree to be bound by that third party’s own terms and assume all resulting risks. Gingk makes no express or implied representation or warranty regarding the accuracy, legality, security, availability, or performance of any third-party website or product.

7.3 Gingk may have commercial relationships with certain product issuers or distribution channels, as further described in Section 8.

8. Disclosure of Commercial Relationships

8.1 If you follow a link displayed by Gingk to a third-party channel and complete a subscription, Gingk may receive a referral fee, commission, or other commercial benefit from the relevant issuer, distribution platform, or other third party.

8.2 Gingk commits that such commercial relationships will not affect Gingk’s research conclusions or risk judgments. We apply the same methodology when researching and assessing products regardless of whether Gingk has a commercial relationship with the relevant issuer or distribution channel.

8.3 If a commercial relationship concerning a particular product requires specific disclosure, Gingk will provide that disclosure on the relevant product page or in another appropriate location.

9. Intellectual Property

9.1 All text, graphics, logos, interface designs, risk assessment frameworks, research methodologies, and methods of presentation within the Gingk Services, excluding third-party content, are owned by Gingk or its licensors and are protected by copyright, trademark, and other intellectual property laws.

9.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Gingk Services for your personal, non-commercial purposes.

9.3 Without Gingk’s prior written consent, you may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Gingk Services, or use automated means, such as crawlers, to extract Gingk content or data at scale for commercial purposes. This restriction does not apply to activities expressly permitted by applicable law, such as reasonable text and data mining; ordinary crawling and indexing by mainstream search engines in accordance with industry practice; or activities authorized by Gingk in writing.

9.4 The “Gingk” name, logo, and related brand elements are trademarks or indicia of Gingk and may not be used without permission.

9.5 Rights in third-party documents, trademarks, logos, and on-chain data displayed through the Gingk Services remain with their respective owners. Gingk displays such materials solely to describe the relevant products or information accurately and does not claim ownership of them.

10. User Conduct

When using the Gingk Services, you agree not to:

• Violate any applicable law or regulation, or use the Gingk Services to engage in fraud, money laundering, sanctions evasion, or any other unlawful activity;
• Attempt to gain unauthorized access to Gingk’s systems or data, or to information concerning other users;
• Use automated tools to access the Gingk Services in a manner that may impair their stability, security, or availability;
• Impersonate any person or misrepresent your affiliation with any person or entity; or
• Use Gingk’s research or risk assessment results to mislead any third party, including by claiming that such content constitutes Gingk’s guarantee of a particular product or personalized investment advice.

11. Accuracy of Content; “As Is” Basis

11.1 Gingk uses reasonable efforts to ensure the accuracy and timeliness of the information it displays and, where practicable, to identify its verification status. However, the legal structures, operating conditions of issuers, and market conditions relating to on-chain investment products may change at any time. Gingk does not warrant that any information is or will remain accurate, complete, or current when displayed or thereafter.

11.2 To the maximum extent permitted by applicable law, the Gingk Services are provided on an “as is” and “as available” basis, without any express or implied warranty, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

11.3 If you become aware that information within the Gingk Services is inaccurate or outdated, please contact us using the details set out in Section 19.

12. Limitation of Liability

12.1 To the maximum extent permitted by applicable law, Gingk and its affiliates, employees, and agents will not be liable for any indirect, incidental, special, punitive, or consequential loss or damage, including loss of principal, loss of profits, or loss of data, arising out of or relating to your use of or inability to use the Gingk Services, your reliance on information or risk assessments displayed by Gingk, your use of wallet connection functionality, or your access to a third-party website through a link provided by Gingk, whether the claim is based in contract, tort, or any other legal theory, even if Gingk has been advised of the possibility of such loss or damage. This provision does not apply to liability arising from Gingk’s fraud, wilful misconduct, or gross negligence, or to any liability that cannot be excluded or limited under applicable law.

12.2 To the maximum extent permitted by applicable law and without limiting the exceptions stated in Section 12.1, Gingk’s total aggregate liability arising out of or relating to these Terms or your use of the Gingk Services will not exceed US$100. This cap does not apply to liability arising from Gingk’s fraud, wilful misconduct, or gross negligence, or to any liability that cannot be excluded or limited under applicable law.

12.3 Some jurisdictions do not permit the exclusion of certain implied warranties or the limitation of certain liabilities. If those laws apply to you, some of the limitations above may not apply, and they will apply only to the maximum extent permitted by applicable law.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify Gingk and its affiliates, employees, and agents from and against third-party claims, losses, liabilities, and reasonable expenses, including reasonable legal fees, directly arising from your breach of these Terms, your misuse of the Gingk Services, or your violation of applicable law. This obligation does not apply to the extent arising from Gingk’s own fraud, wilful misconduct, or gross negligence.

14. Privacy

Our collection, use, and protection of your personal information are governed by the Gingk Privacy Policy, which is incorporated into and forms part of these Terms.

15. Amendments to These Terms

15.1 We may amend these Terms from time to time. The amended Terms will be published within the Gingk Services and will identify the date on which they were updated.

15.2 We will use reasonable efforts to provide advance notice of any material amendment, including any amendment affecting fees, limitations of liability, dispute resolution, or your existing rights or obligations. If you have completed an on-chain subscription through Gingk or have any outstanding matter, we will require you to affirmatively accept a material amendment before you may continue using the relevant functionality after that amendment takes effect. For all other users, continued use of the Gingk Services after an amendment takes effect constitutes acceptance of the amended Terms.

16. Suspension and Termination

16.1 We reserve the right to suspend, restrict, or terminate your access to all or part of the Gingk Services without prior notice for technical, security, compliance, or operational reasons, particularly where we reasonably believe that you have violated these Terms or applicable law.

16.2 Any provision of these Terms that by its nature should survive termination, including Sections 4, 5, 6, 9, 12, and 13, will remain in effect after termination.

16.3 Suspension or termination of the Gingk Services will not affect the processing of existing orders, redemption arrangements, reconciliations, complaint handling, or Gingk’s obligation to retain relevant records as required by law.

17. Governing Law and Dispute Resolution

17.1 These Terms, including their formation, validity, interpretation, and the resolution of any dispute, are governed by the laws of the Cayman Islands, without regard to its conflict-of-laws rules.

17.2 The parties will first attempt to resolve amicably any dispute arising out of or relating to these Terms or the Gingk Services.

17.3 If the dispute is not resolved through consultation, then, except as otherwise provided in this Section, it will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the arbitration is commenced. The seat of arbitration will be Hong Kong. The arbitral award will be final and binding on both parties.

18. General

18.1 Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.2 Entire Agreement: These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Gingk concerning the Gingk Services and supersede all prior oral or written agreements between the parties concerning the same subject matter.

18.3 No Waiver: Gingk’s failure or delay in exercising any right under these Terms does not constitute a waiver of that right.

18.4 Assignment: You may not assign your rights or obligations under these Terms without Gingk’s prior written consent. Gingk may assign these Terms in connection with a merger, acquisition, sale of assets, or similar transaction.

19. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: support@gingk.com