Terms of Use
22 min read
Last Updated: March 19, 2026
Introduction
These Terms of Use (together with all appendices, exhibits, and documents incorporated by reference, these "Terms," "Terms of Use," or this "Agreement") set forth the terms and conditions by which you, whether personally or on behalf of an entity ("you" or "User"), may access and use the software products and services (the "Services") provided by MakeWithMe, Inc., a Delaware corporation ("MakeWithMe," "we," "us," and "our"), to interact with the non-custodial, blockchain-based software protocol known as the "Risk Adjusted Coin Protocol" (the "Protocol"), which is governed by its token holders through a decentralized autonomous organization known as "Adjusted Finance" (the "DAO").
The Services include, but are not necessarily limited to: the website at https://adjusted.finance (the "Website"); the website-hosted user interface at https://app.adjusted.finance (the "Interface" or "Web App"); and any other websites, applications, interfaces, or dashboards available through the adjusted.finance domain, its subdomains, or any other means.
Please read these Terms carefully. They govern your use of the Services and contain important provisions, including a binding arbitration clause and class action waiver.
Critical Notices
You Are Entering Into a Binding Agreement
By accessing, using, or interacting with the Services in any way — including by connecting a digital wallet address to the Interface — you represent that you have read, understand, acknowledge, and agree that you are entering into a binding legal agreement with MakeWithMe that includes these Terms and the Privacy Policy in their entirety. If you do not agree to be bound, you are not authorized to access, and must not use, any of the Services.
Accredited Investors Only
THE SERVICES ARE AVAILABLE EXCLUSIVELY TO ACCREDITED INVESTORS (AS DEFINED UNDER REGULATION D OF THE U.S. SECURITIES ACT OF 1933, AS AMENDED), QUALIFIED INVESTORS, PROFESSIONAL INVESTORS, OR THE EQUIVALENT CLASSIFICATION UNDER THE SECURITIES LAWS OF YOUR JURISDICTION OF RESIDENCE (COLLECTIVELY, "ELIGIBLE PARTICIPANTS"). BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AN ELIGIBLE PARTICIPANT. IF YOU ARE NOT AN ELIGIBLE PARTICIPANT, YOU MUST NOT ACCESS OR USE THE SERVICES.
Technical Services Only — No Fiduciary Relationship
THE SERVICES CONSIST SOLELY OF TECHNICAL AND ADMINISTRATIVE SOFTWARE TOOLS THAT ENABLE ELIGIBLE PARTICIPANTS TO ACCESS AND INTERACT WITH ON-CHAIN SMART CONTRACTS THAT FUNCTION DETERMINISTICALLY AND ARE NEITHER OPERATED NOR CONTROLLED BY MAKEWITHME. THE PROTOCOL CONSISTS OF OPEN-SOURCE, SELF-EXECUTING, AUTONOMOUS SMART CONTRACTS DEPLOYED ON THE ARBITRUM ONE BLOCKCHAIN (AN ETHEREUM LAYER 2 NETWORK). THE PROTOCOL IS GOVERNED EXCLUSIVELY BY THE DAO AND ITS TOKEN HOLDERS, NOT BY MAKEWITHME.
MAKEWITHME IS NOT A BROKER, DEALER, EXCHANGE, INVESTMENT ADVISER, CUSTODIAN, TRANSFER AGENT, OR FINANCIAL SERVICE PROVIDER OF ANY KIND. MAKEWITHME DOES NOT EXERCISE DISCRETION OVER, AND HAS NO CONTROL OVER, THE PROTOCOL'S ALGORITHMIC OPERATIONS, ASSET ALLOCATIONS, REBALANCING DECISIONS, OR GOVERNANCE OUTCOMES. WE DO NOT HAVE A FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU IN CONNECTION WITH ANY OF THE SERVICES.
THE DAO IS A SEPARATE AND INDEPENDENT ENTITY FROM MAKEWITHME. THE PROTOCOL IS NOT A PRODUCT OR SERVICE OF MAKEWITHME. MAKEWITHME'S ROLE IS LIMITED TO PROVIDING THE INTERFACE AND RELATED TECHNICAL SERVICES THAT FACILITATE ACCESS TO THE PROTOCOL.
Binding Arbitration; Class Action and Jury Trial Waiver
SECTION 5 GOVERNS THE RESOLUTION OF DISPUTES BETWEEN YOU AND US. IT INCLUDES A MANDATORY ARBITRATION AGREEMENT THAT, WITH LIMITED EXCEPTIONS, REQUIRES ALL DISPUTES TO BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 5 ALSO CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. PLEASE READ SECTION 5 CAREFULLY.
Eligibility
General Eligibility
To access or use any of the Services, you must:
- Be an Eligible Participant as defined above.
- Be at least the age of majority in the jurisdiction in which you reside.
- Have legal capacity, full right, power, and authority to enter into and be bound by these Terms.
- If accessing or using the Services on behalf of an entity, have the legal authority to bind such entity to these Terms.
Accredited Investor Verification
By accessing the Services, you represent, warrant, and covenant that you meet the definition of an accredited investor, qualified investor, professional investor, or equivalent classification under the applicable securities laws of your jurisdiction of residence. You further represent that you have sufficient knowledge and experience in financial, business, and investment matters to be capable of evaluating the merits and risks of using the Services to interact with the Protocol, and that you are able to bear the economic risk of a total loss of any assets committed to the Protocol.
We reserve the right to require verification of your accredited investor status or equivalent qualification at any time. Failure to provide satisfactory verification upon request shall constitute grounds for immediate suspension or termination of your access to the Services.
Prohibited Jurisdictions and Sanctions Compliance
You must not reside in a jurisdiction where the transfer or holding of cryptoassets is illegal or would require a license or authorization that you do not hold. You represent and warrant that you are not a resident of any of the following countries or regions ("Prohibited Jurisdictions"): Afghanistan, Belarus, Burma (Myanmar), Burundi, Central African Republic, China, Cuba, Democratic Republic of the Congo, Ethiopia, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, Niger, North Korea (DPRK), Russia, Somalia, South Sudan, Sudan and Darfur, Syria, Venezuela, Ukraine (Crimea, Donetsk, Luhansk, Kherson, Zaporizhzhia), Yemen, and Zimbabwe.
You further represent that you are not:
- The subject of economic or trade sanctions administered or enforced by any government authority, including but not limited to OFAC, the European Union, the United Kingdom, or the United Nations;
- Included on the list of Specially Designated Nationals and Blocked Persons maintained by OFAC, or on any equivalent list maintained by the E.U., U.K., or other applicable authority;
- In contravention of any applicable anti-money laundering or counter-terrorist financing laws or regulations;
- Operationally based or domiciled in any country or territory subject to comprehensive sanctions; or
- Acting on behalf of, or for the benefit of, any person or entity described in (1) through (4) above.
VPN and Circumvention Prohibition
You shall not use any Virtual Private Network ("VPN") software, proxy server, or any other privacy or anonymization tools or techniques to circumvent any restrictions applicable to the Services, including geographical restrictions.
Representations and Warranties
By using the Services, you represent and warrant that:
- You are an Eligible Participant and meet all eligibility requirements set forth in these Terms.
- This Agreement is valid, binding on you, and enforceable against you.
- You will comply with all terms and conditions of this Agreement.
- You are not entering into this Agreement or using the Services in your capacity as a consumer.
- All information you provide in connection with the Services is current, complete, and accurate.
- You will maintain the security and confidentiality of your private keys, wallet credentials, seed phrases, and any other access credentials.
- You acknowledge that the Services are provided on an "as is" and "as available" basis only.
- You acknowledge that the Services may be inaccessible or inoperable for any reason, including equipment malfunctions, maintenance, causes beyond our control, disruptions to the underlying blockchain infrastructure, or unavailability of third-party service providers.
- You acknowledge that the Services may evolve or change over time, and we may alter, replace, or discontinue the Services at any time.
- You acknowledge that pricing information provided in the Interface does not constitute an offer, solicitation, or recommendation to enter into any transaction.
- You are not relying upon any pricing information provided in the Interface and will conduct independent due diligence.
- You acknowledge that neither MakeWithMe nor the DAO acts as an agent for any user or third party.
- You are solely responsible for your use of the Services and all transactions you initiate.
- You will transact only with legally obtained assets that belong to you or over which you have valid authorization.
- You will comply with all applicable domestic and international laws in connection with the Services.
- You are solely responsible for reporting and paying all applicable taxes arising from your use of the Services.
- You are responsible for compliance with all applicable export controls and embargoes.
- You acknowledge that MakeWithMe uses wallet data to detect, prevent, and mitigate illicit activity and may share such data with blockchain analytics providers.
- You understand and accept the distinction between MakeWithMe (a technical services provider) and the DAO (which governs the Protocol), and you will not conflate the two in any legal proceeding or regulatory inquiry.
- You acknowledge that the Protocol's operations, including asset allocations and rebalancing, are determined algorithmically and through DAO governance, and MakeWithMe has no discretion over or control of such operations.
1. The Services
1.1 The Interface
The Interface provides access to the Protocol, which operates on the Arbitrum One blockchain. The Interface is distinct from the Protocol and provides one, but not the exclusive, means of accessing the Protocol. The Protocol consists of open-source, self-executing, autonomous smart contracts governed by the DAO.
For the avoidance of doubt: (a) MakeWithMe does not control or operate any version of the Protocol on any blockchain network; (b) the Protocol is not a product or service of MakeWithMe; (c) MakeWithMe does not exercise discretion over the Protocol's algorithmic processes, asset selections, or portfolio allocations; and (d) the Protocol is governed exclusively by DAO token holders through the governance mechanisms embedded in the Protocol's smart contracts.
You access the Interface via your own non-custodial digital wallet. Your use of any third-party wallet is governed by that provider's own terms of service.
New versions and upgrades to the Protocol may be released from time to time, subject to the independent governance rules of the DAO. MakeWithMe undertakes no responsibility or obligation to update or maintain the Interface to support prior, abandoned, or outdated versions of the Protocol. The Services may become degraded or unexpectedly unavailable. We assume no responsibility or liability for any loss of, or delayed access to, your funds arising from any degradation or unavailability of the Services.
1.2 Third-Party Products and Services
We may make third-party products and services available through the Interface via API integrations, blockchain-based integrations, or other means. Your use of such third-party products and services is subject to the applicable third-party terms and conditions. MakeWithMe disclaims all liability for any issues arising from your use of third-party products and services. The inclusion of any third-party service on the Interface does not constitute an endorsement.
1.3 Additional Products and Services
We may offer additional products and services from time to time, which shall be deemed part of the Services and governed by these Terms.
1.4 Modifications
We reserve the right, in our sole discretion and without any liability to you, to modify, substitute, eliminate, add, or discontinue all or part of the Services at any time.
1.5 Informational Resources
We may provide informational resources relating to the Protocol, including documentation, blog posts, articles, and other content ("Informational Resources"). All Informational Resources are for informational and educational purposes only and do not constitute investment, financial, legal, or tax advice. MakeWithMe assumes no responsibility for the accuracy or completeness of any Informational Resources.
1.6 User Control of Cryptoassets
Neither MakeWithMe nor the DAO retains possession, custody, or control over any user cryptoassets at any time. Users retain exclusive control over their cryptoassets. You are solely responsible for safeguarding your private keys.
These Terms do not create or impose any fiduciary duties on MakeWithMe or the DAO. To the fullest extent permitted by applicable law, any such duties or liabilities that may exist at law or in equity are hereby irrevocably disclaimed, waived, and eliminated.
1.7 Transaction Fees
You are solely responsible for all gas fees, network transaction fees, and any service or transaction fees assessed by the Protocol. Protocol fees may be updated from time to time in accordance with DAO governance.
1.8 Tax Compliance
You are solely responsible for determining and fulfilling all tax obligations arising from your use of the Services and the Protocol.
2. The Protocol — Governance and Independence
2.1 DAO Governance
The Protocol is governed by Adjusted Finance, a decentralized autonomous organization comprising holders of Risk Adjusted Coin ($RAC). Governance decisions — including but not limited to asset allocations, rebalancing parameters, optimization parameters, protocol upgrades, and fee structures — are determined through DAO governance mechanisms and the Protocol's algorithmic processes, not by MakeWithMe.
2.2 Algorithmic Operations
The Protocol uses Mean-Variance Optimization to algorithmically determine portfolio allocations. The Protocol may allocate to cash (USDC) when the optimization determines that no combination of risky assets offers a favourable risk-return profile. These allocations are non-discretionary, programmatic, and not subject to human intervention by MakeWithMe or any individual.
2.3 Governance Veto System
RAC token holders may participate in a governance veto system that allows holders to vote to exclude specific assets from the algorithm's proposed allocation. This veto mechanism is incentive-aligned and embedded in the Protocol's smart contracts. MakeWithMe does not control or influence governance votes.
2.4 Protocol Parameters
The Protocol's optimization parameters — including the length of asset price history, rebalancing frequency, scaling factors, and minimum thresholds — may be subject to change through DAO governance. MakeWithMe has no discretion over these parameters.
2.5 No Discretionary Management
The strategies implemented by the Protocol are entirely algorithmic and automated. They do not constitute discretionary investment management. No person or entity, including MakeWithMe, exercises investment discretion over the Protocol's operations.
3. Intellectual Property Rights
3.1 Ownership
MakeWithMe owns all intellectual property and other rights in the Services and their contents, including software, text, graphics, images, trademarks, service marks, copyrights, patents, and designs. All such rights are reserved.
Any feedback you provide to MakeWithMe concerning the Services ("Feedback") is granted to MakeWithMe under an exclusive, worldwide, perpetual, fully paid-up, royalty-free, fully-sublicensable, and freely assignable license.
3.2 License Grant
Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal use. This license does not include rights to modify, distribute, or create derivative works.
The Services may contain software components released under separate open-source or business-source license terms, which shall govern those components.
3.3 Restrictions
You agree not to: (a) copy, reproduce, distribute, or create derivative works from any part of the Services; (b) reverse engineer, decompile, or attempt to extract the source code of the Services (except to the extent such restriction is prohibited by applicable law with respect to open-source components); (c) remove, alter, or obscure any proprietary notices; or (d) use any automated means to access or interact with the Services.
3.4 Trademarks
All trademarks, service marks, logos, and trade names associated with the Services and the Protocol — including but not limited to "Adjusted Finance," "Risk Adjusted Coin," "RAC," and the Adjusted Finance logo — are proprietary to MakeWithMe, the DAO, or their respective licensors.
4. Disclaimers
4.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
4.2 Limitation of Liability
IN NO EVENT SHALL MAKEWITHME, THE DAO, ADJUSTED FINANCE, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, TOKEN HOLDERS, CONTRIBUTORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "PROTECTED PARTIES") BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE OR NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, DIMINUTION IN VALUE, COST OF SUBSTITUTE SERVICES, OR ANY DAMAGES ARISING FROM DIGITAL ASSET PRICE FLUCTUATIONS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES UNDER THESE TERMS EXCEED THE LESSER OF: (A) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00); OR (B) THE TOTAL FEES ACTUALLY PAID BY YOU TO MAKEWITHME IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, THE LIABILITY OF THE PROTECTED PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
4.3 Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expert fees) arising out of or in connection with: (a) any breach of these Terms by you; (b) your use of the Services or the Protocol; (c) any material, information, or content you provide; (d) your violation of any applicable law, regulation, or third-party rights; (e) any assertion that MakeWithMe or any Protected Party is liable for actions or omissions of the DAO, the Protocol, or its token holders; or (f) any unauthorized use of the Services by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.4 No Financial, Investment, Legal, or Tax Advice
The information provided through the Services does not constitute investment, financial, trading, legal, or tax advice and must not be relied upon for any such purpose. You are solely responsible for your own decisions and should consult qualified professional advisors before engaging with the Protocol.
4.5 Assumption of Risk
By accessing the Services, you represent that you are financially and technically sophisticated enough to understand the inherent risks of cryptographic and blockchain-based systems. You acknowledge and accept, without limitation, the following risks:
- Total Loss of Principal. Digital assets, including $RAC, are subject to extreme volatility and you may lose the entirety of your investment.
- Smart Contract Risk. The Protocol operates through smart contracts that may contain bugs, vulnerabilities, or defects. No code is perfect. Smart contracts are immutable once deployed and may operate in unintended ways.
- Counterparty Risk. The Protocol interacts with third-party protocols and services, including but not limited to Circle (USDC), Chainlink (oracles), Arbitrum (L2 infrastructure), and Aave (yield). Failures in any of these systems could result in losses.
- Regulatory Risk. The regulatory environment for digital assets is uncertain and evolving. Changes in law or regulation could adversely affect the Protocol, the Services, or your ability to use either.
- Governance Risk. The Protocol is governed by DAO token holders. Governance decisions may be adverse to your interests, and you may be unable to prevent or reverse such decisions.
- Liquidity Risk. You may be unable to sell or redeem your $RAC tokens at any time or at a favorable price.
- Algorithmic Risk. The Protocol's optimization algorithm operates based on historical data and mathematical models that may not predict future market conditions accurately.
- Operational Risk. The Services may experience cyber-attacks, outages, or other disruptions.
- Tax Risk. The tax treatment of digital asset transactions is uncertain and may vary by jurisdiction.
- Technology Risk. The underlying blockchain infrastructure may experience forks, congestion, or other disruptions.
You hereby assume all risks in connection with your use of the Services and the Protocol and expressly waive and release the Protected Parties from any and all liability, claims, causes of action, or damages arising therefrom.
4.6 No Guarantee of Performance
Past performance of $RAC or the Protocol is not indicative of future results. All performance data, Sharpe Ratios, benchmarks, and comparisons presented by MakeWithMe, the DAO, or any Informational Resource are historical only and provided without warranty.
5. Dispute Resolution by Binding Arbitration
5.1 Informal Dispute Resolution
In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiations. You may notify us by emailing legal@adjusted.finance. Such notice must describe the nature and basis of the dispute and set forth the specific relief sought ("Notice").
If the dispute is not resolved within sixty (60) days of the Notice, the dispute shall be referred to arbitration.
This informal resolution process is a mandatory condition precedent to initiating any arbitration.
5.2 Mandatory Arbitration
All unresolved disputes, claims, or controversies arising out of or relating to the Services, the Protocol, or these Terms shall be finally resolved by binding arbitration under the rules of the American Arbitration Association ("AAA"), which are incorporated by reference. Where the AAA Rules conflict with this Arbitration Agreement, the terms of this Agreement shall control unless the arbitrator determines that doing so would not result in a fundamentally fair arbitration.
This Arbitration Agreement shall survive termination of these Terms, the Services, or any relationship between you and MakeWithMe.
5.3 Arbitration Terms
- The number of arbitrators shall be one (1).
- The seat of arbitration shall be Wilmington, Delaware.
- The language of arbitration shall be English.
- All issues, including scope, enforceability, and arbitrability, are for the arbitrator to decide.
- The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
- All proceedings shall be confidential, except as required by law or to enforce an award.
- Each party shall bear its own costs, except that the arbitrator may award costs and reasonable attorneys' fees to the prevailing party.
5.4 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Disputes regarding the interpretation or enforceability of this class waiver may be resolved only by a court. If this waiver is deemed invalid or unenforceable, neither party is entitled to arbitration.
5.5 Jury Trial Waiver
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY.
5.6 Injunctive Relief
Nothing in this Section precludes either party from seeking interim or injunctive relief in a court of competent jurisdiction, including for the protection of intellectual property.
6. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Except as set forth in Section 5, the exclusive jurisdiction for all disputes shall be the courts of the State of Delaware.
7. Prohibited Activities
7.1 Technical Prohibitions
You shall not: (a) engage in activities that negatively affect the technical performance of the Services; (b) bypass or circumvent security features; (c) access data or accounts not intended for you, including via VPN; (d) probe, scan, or test the vulnerability of the Services without authorization; (e) submit malware or attempt to interfere with the Services' functionality; (f) forge packet headers or email headers; (g) use the Services in a manner that exceeds reasonable request volume; or (h) provide false or misleading information to the Services.
7.2 Intellectual Property Prohibitions
You shall not: (a) reverse engineer, decompile, or disassemble any non-open-source component of the Services; (b) sublicense, transfer, rent, or lease the Services to third parties; (c) create derivative works of the Services; (d) introduce malicious code; (e) use the Services to infringe third-party intellectual property rights; or (f) authorize any third party to do any of the foregoing.
7.3 Legal Prohibitions
You shall not use the Services to engage in any illegal activity, including any activity that would violate sanctions laws, anti-money laundering laws, or any other applicable law.
8. Additional Provisions
8.1 Amendment
We reserve the right to amend these Terms at any time. Amendments are effective upon posting. Your continued use of the Services constitutes acceptance of any amendments. If you do not agree, you must immediately cease use of the Services.
8.2 Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and MakeWithMe regarding the Services. No modification shall be effective unless in writing and signed by both parties.
8.3 Force Majeure
MakeWithMe shall not be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, sanctions, embargoes, cyber-attacks, epidemics, pandemics, blockchain infrastructure failures, or disruptions to third-party services.
8.4 Severability
If any provision of these Terms is found invalid or unenforceable, it shall be reformed to the minimum extent necessary, and all other provisions shall remain in full force and effect.
8.5 Assignment
You may not assign this Agreement without our prior written consent. We may freely assign this Agreement. Any unauthorized assignment is void.
8.6 Termination
This Agreement is effective until terminated. You may terminate by ceasing all use of the Services. We may terminate or restrict your access at any time, for any reason, including if we believe you have violated these Terms, your use exposes us to risk, or it is no longer commercially viable to serve you.
8.7 No Partnership or Agency
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and MakeWithMe, or between you and the DAO.
8.8 No Third-Party Beneficiaries
These Terms are intended for the benefit of you, MakeWithMe, and MakeWithMe's affiliates (including the DAO), which are third-party beneficiaries. No other person may assert rights hereunder.
8.9 Notices
All notices from you to us shall be sent to legal@adjusted.finance. Notices are effective upon dispatch.
9. Protocol-Specific Terms
9.1 Risk Adjusted Coin ($RAC)
$RAC is a digital token operating on the Arbitrum One blockchain. $RAC represents a proportional interest in the Protocol's algorithmically managed portfolio. $RAC is not a security, equity, debt instrument, derivative, investment contract, or money transmission instrument. $RAC does not entitle holders to profits, dividends, or any other payment from MakeWithMe or the DAO, except to the extent embedded in the Protocol's smart contracts.
9.2 Algorithmic Asset Allocation
The Protocol weights assets by their risk-adjusted score using Mean-Variance Optimization. The Protocol may allocate weight to USDC for assets with negative risk-adjusted ratios. The specific calculation methods, parameters, and asset universe may change pursuant to DAO governance. MakeWithMe has no control over these allocation decisions.
9.3 Rebalancing
The Protocol performs periodic rebalancing via smart contracts and a solver network. Rebalancing may result in the buying and selling of assets and may impact performance and fees. Rebalancing frequency and methodology are determined by the Protocol's code and DAO governance.
9.4 Smart Contract Risk
The Protocol operates through smart contracts that are subject to inherent risks, including code bugs, vulnerabilities, exploitation, and unintended behavior due to blockchain-specific conditions. No audit, formal verification, or testing can guarantee the absence of defects.
9.5 No Guarantee of Performance
Past performance, whether backtested or live, is not indicative of future results. The Protocol involves substantial risk. Performance may vary significantly from historical results.
9.6 Fees
The Protocol charges purchase fees and sale fees as determined by DAO governance. The Protocol does not currently charge annual management fees or performance fees; the Protocol sustains itself through yield-bearing forms of allocated assets. Fee structures are subject to change through DAO governance. MakeWithMe does not control or set Protocol fees.
9.7 Governance Participation
RAC holders may participate in Protocol governance, including the veto system. Governance decisions are binding on the Protocol and may affect its operation, asset allocations, and performance. Governance participation is voluntary and subject to the rules embedded in the Protocol's smart contracts.
10. Limitation of MakeWithMe's Role
10.1 Technical Services Provider Only
MakeWithMe's role is strictly limited to providing the Interface and related technical services that facilitate access to the Protocol. MakeWithMe does not:
- Operate, control, or manage the Protocol;
- Exercise discretion over the Protocol's asset allocations, rebalancing, or optimization parameters;
- Custody, possess, or control any user assets;
- Act as a broker, dealer, exchange, investment adviser, or fiduciary;
- Provide investment, financial, legal, or tax advice;
- Guarantee any particular outcome or return;
- Make any representation or warranty regarding the Protocol's performance; or
- Have authority to bind the DAO or act on its behalf.
10.2 Separate Liability
You acknowledge and agree that MakeWithMe and the DAO are separate and independent entities. Any claim, dispute, or cause of action you may have relating to the Protocol's operations, governance decisions, algorithmic outputs, smart contract behavior, or token economics shall be directed solely at the DAO and not at MakeWithMe. Conversely, any claim relating to the Interface or the technical Services shall be directed at MakeWithMe and not at the DAO. Under no circumstances shall MakeWithMe be liable for the acts or omissions of the DAO, its token holders, or the Protocol.
For questions about these Terms, contact us at legal@adjusted.finance.
© 2026 MakeWithMe, Inc. All rights reserved. Nothing herein constitutes an offer or solicitation to buy or sell securities.