General Disclaimer

This website disclaimer (“Disclaimer”) is written for all users of the Merlin application or the website (hereinafter referred to as “Merlin”), including any additional websites and mobile applications now in use or hereinafter developed by Blockheads LLC (collectively the “Company”).

The parties referred to in this Disclaimer shall be defined as follows:

1. Blockheads LLC, Us, We, Merlin: The Company, as the creator, operator, and publisher of Merlin, makes Merlin, and certain Services on it, available to users. The Company, Us, We, our, Ours, Merlin and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
2. You, the User, the Client: You, as the user of Merlin, will be referred to throughout this Disclaimer with second-person pronouns such as you, your, yours, or as user or client.
3. Parties: Collectively, the parties to this Disclaimer (the Company and You) will be referred to as Parties.
4. Services: Any combination of the products and services for sale on Merlin.

By continuing to use this website, you assent to each term and section contained in this Disclaimer.

All investments in crypto assets are speculative that involve a high degree of risk and uncertainty, including a partial or total loss of invested funds.

Because crypto assets are a new technological innovation with a limited history, they are a highly speculative asset. Future regulatory actions or policies may limit the ability to sell, exchange or use a crypto asset. The price of a crypto asset may be impacted by the transactions of a small number of holders of such crypto asset. Crypto assets may decline in popularity, acceptance, or use, which may impact their price. Non-Fungible Tokens ("NFTs") are essentially digitalized assets which represent underlying assets or works (as defined under section 2(y) of the Copyright Act, 1957) such as art, memes, gifs, music, videos, etc., or rights (concert access, property, etc.). NFTs can be highly speculative in nature and such interest could wane over time. If the demand for NFTs diminishes, the prices of NFT items could be negatively affected. The market for NFTs can be subject to shallow trade volume, extreme hoarding, low liquidity, and high bankruptcy risk. NFTs are also subject to risks and challenges associated with intellectual property rights and fraud.

Through your use of Merlin, you acknowledge and agree that information provided by the Company is simply that and should not be considered a substitute for legal advice, tax advice, audit advice, accounting advice, investment, or brokerage advice under the guidance of a licensed professional. Further, the information provided herein should not be taken as financial planning or investment solicitation. No fiduciary relationship has been created between you and the Company.

You hereby understand and acknowledge that through your use of Merlin, you are not being represented by an attorney, certified financial planner, broker, or other regulated advisor. Certain of the Merlin Services may provide access to such a professional, through a referral service by which Merlin receives affiliation fees, or provide tax-related information, but if you need legal or financial advice, including a review of any financial or tax decisions, we advise you to consult the appropriate advisor, such as your own attorney, accountant, or other professional.

You, the user, agree that your use of the Merlin app is at your sole and exclusive risk and that any services provided by the Company are on an “as is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that Merlin app will meet your needs or that Merlin app will be uninterrupted or error-free. We endeavor to keep Merlin app as secure as possible, but you hereby acknowledge that no system involving the transmission of information via the internet, or the electronic storage of data, is completely secure. We are not liable for any loss, theft, unauthorized access, disclosure, copying, use, or modification of your personal data that occurs outside our reasonable control. The Company also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on Merlin app or obtained through the Services. You agree that the Company is not liable for any errors, omissions, loss, or damage which may be caused by your use of Merlin app or Services, to the fullest extent permitted by law. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of Merlin app is your sole responsibility.

Furthermore, Merlin reserves the right to modify or increase your monthly/annual fee or discontinue temporarily or permanently, the service for commercial or institutional use as Merlin is for single individual use only.

Documents, information, or other Services received on or through Merlin may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.

The Company makes no assurances to any particular outcome based on your use of Merlin or any of the Services, including business or financial outcomes. If you choose to purchase Merlin’s automated investment Services, you acknowledge and agree that these Services may not be suitable for every investor and that you should always undertake to make your own investment decisions. You further agree that any projected returns shown through Merlin’s Services may not be indicative of real-world results and that your investment returns or financial gains are not guaranteed in any way. Any representations of historical performance or projected performance are not warranted to be accurate or error-free.

Prior to making any investment decision in any crypto asset, each Merlin user must undertake their own independent examination and investigation of the potential investment, including the merits and risks involved in an investment in crypto assets, and must base its investment decision, including a determination of whether a crypto asset would be a suitable investment for the investor, on such examination and investigation and must not rely on the Company or information the user may obtain via their use of the Merlin website/application in making an investment decision. Prospective investors must not construe the contents of this website/application as legal, tax, investment, or other advice. Each prospective investor is urged to consult with its own advisors with respect to legal, tax, regulatory, financial, accounting, and similar consequences of investing in any crypto asset, the suitability of the investment for such investor and other relevant matters concerning an investment in any crypto asset or product that includes cryptocurrencies. The use and development of exit strategies/plans by users of the Merlin app are not the responsibility of Blockheads, its affiliates, or partners. Users are responsible for the creation and execution of their own exit strategies/plans and if they have questions regarding investments in crypto assets, they should consult with a financial professional. The Company and its partners are not financial advisors and do not own or guarantee the success or failure of ANY exit strategy/plan/journey displayed or developed on the Merlin app.

Investment in crypto assets have not been approved or disapproved by the U.S. Securities and Exchange Commission, are not registered under the Securities Act of 1933, the Investment Company Act of 1940, or any state securities commission or other regulatory body. Blockheads is not registered as an Investment Adviser under the Investment Advisers Act of 1940 and is not registered as a Commodity Trading Adviser under the Commodity Exchange.

Merlin users should keep their user credentials in a secure location and user credentials it should not be shared. The Company, its affiliates, and partners do not take responsibility for any loss that may occur if a user’s Merlin app credentials are lost or stolen. If a user believes their credentials have been lost or have been compromised in any way, they should contact the Company as soon as possible.

Documents, information, or other services received on or through Merlin app may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.

The Company makes no assurances to any particular outcome based on your use of Merlin app or any of the Services, including business or financial outcomes. Any representations of historical performance or projected performance are not warranted to be accurate or error-free.

The Company obtains crypto asset values from Coinmarketcap, and the value of each crypto currency is updated/refreshed approximately every 2 to 5 minutes. However, the Company is not responsible for any pricing issues that may arise with Coinmarketcap while you are using the Merlin app. These updates could be delayed or not received for a variety of reasons, including, but not limited to, issues with your personal device or issues with your internet connection.

Merlin calculates the cost basis by including any transactional fees when recording the purchase of an asset and discounting any transactional fees when recording the sale of an asset.

Merlin calculates your average cost basis primarily based on the information you provide it either manually or from your connected exchanges and wallets. If any cost basis information is missing or incorrect, your cost basis will be wrong. Therefore, you are responsible for ensuring that each transaction entered or received by merlin is correct. Furthermore, merlin has features that allows you to override the calculated avg price while averaging all new entries. Due to the manual controls provided to the user, Merlin is not responsible and does not guarantee the average cost basis to be accurate or correct. Only the user can solely confirm this and will hold Merlin harmless of any incorrect values regarding the average cost basis of your crypto currency investments.

Merlin estimates your potential tax liability on each exit plan created. These estimates are for educational purposes and cannot be relied upon for tax filings of any purpose. You should consult a tax professional to file your taxes appropriately.

Merlin calculates your estimated daily and total gains and losses by using your average cost less the current cost multiplied by the number of tokens or coins shown in the app. This is strictly an estimate and should not be relied upon for decision making. These estimates are STRICTLY based on the information you provided. You should personally verify all calculations by checking your exchanges or wallets where your tokens/coins are held.

The maximum liability of the Company arising from or relating to your use of Merlin or Services is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last three (3) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

©2023 Blockheads LLC. All rights reserved. The Blockheads and Merlin logos, graphics, icons, trademarks, service marks and headers are registered and unregistered trademarks of Blockheads LLC in the United States.