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 crypto assets are speculative and involve a high degree of risk and uncertainty, including the potential for partial or total loss of funds.

Crypto assets are a new technological innovation with limited history, making them highly speculative. Future regulatory actions or policies may affect the ability to sell, exchange, or use crypto assets. The price of a crypto asset may be influenced by the activities of a small number of holders. Additionally, crypto assets may decline in popularity, acceptance, or use, potentially impacting their value. Non-Fungible Tokens ("NFTs") are digitalized assets that represent underlying works (such as art, memes, music, videos, etc.) or rights (such as event access or property). NFTs can be highly speculative and may experience a decline in demand. If the demand for NFTs decreases, their prices may be negatively affected. The NFT market can be subject to low trade volume, hoarding, liquidity issues, and risks such as intellectual property disputes or fraud.

By using Merlin, you acknowledge and agree that the information provided by the Company is for informational purposes only and should not be considered a substitute for legal, tax, audit, accounting, or financial advice from a licensed professional. Furthermore, the information provided does not constitute financial planning or investment solicitation. No fiduciary relationship is 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 regarding any specific outcomes based on your use of Merlin or any of the Services, including business or financial results. If you choose to purchase Merlin’s services, you acknowledge and agree that these services may not be suitable for everyone, and you should always make independent decisions regarding your management of crypto assets. You further agree that any projected returns shown through Merlin’s Services are for informational purposes only and may not reflect real-world results. There are no guarantees of financial returns or gains. Any representations of historical performance or projected performance are not warranted to be accurate or error-free.

Before making any decisions regarding crypto assets, Merlin users must conduct their own independent analysis of the potential risks and merits involved in managing or holding crypto assets. Users should not rely solely on information obtained from the Merlin website/application in making any decision related to crypto assets. The contents of this website/application should not be construed as legal, tax, financial, or investment advice. Users are strongly encouraged to consult with their own advisors concerning the legal, tax, regulatory, financial, and accounting implications of holding or managing crypto assets and to determine the suitability of such assets for their circumstances. The development and use of exit strategies/plans through the Merlin app are the sole responsibility of users. Blockheads, its affiliates, and partners are not responsible for the creation, execution, or success of any exit strategy/plan/journey displayed or developed on the Merlin app. Users should consult with a financial professional if they have questions regarding crypto assets. The Company and its partners are not financial advisors and do not guarantee the outcomes of any strategy or plan created within the Merlin app.

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

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, either manually or through connected exchanges and wallets. If any cost basis information is missing or incorrect, your cost basis calculations may be inaccurate. You are responsible for ensuring that each transaction entered or received by Merlin is correct. Additionally, Merlin provides features that allow users to override the calculated average price while averaging new entries. Due to these manual controls, Merlin does not guarantee the accuracy of the calculated average cost basis. Users are solely responsible for verifying their own data and agree to hold Merlin harmless for any incorrect values related to the average cost basis of their cryptocurrency holdings.

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.