Terms of Service

Thank you for your interest in the BitRobot Platform, the Bitrobot Network and the suite of informational and social Services, functionalities and content (collectively, the “Services”) made available therein that is provided and operated by or on behalf of BitRobot Foundation (the “Foundation”, “BitRobot”, “we”, “our” or “us”). The BitRobot Platform (accessible at https://bitrobot.ai/), including all websites, applications, protocols, smart contracts, APIs, and the Services made available therein, shall be henceforth referred to herein as the “Platform”.

These Terms of Service (the “Terms”) govern your access and use of the Platform and the BitRobot Network (the “Network”). By accessing or using the Platform, you agree to be bound by these Terms, and our Privacy Policy which collectively represent the complete agreement between you and us relating to use of the Platform and related services and products, superseding any prior agreements between you and us, whether written or oral.

These Terms (i) set forth the terms and conditions under which you are licensed to access and use the Platform; (ii) governs other aspects of the relationship between you and the Foundation as set forth below; and (iii) constitute a legally binding agreement between us and you and/or the entity you represent (hereinafter referred to as “you” or “your”).

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND THE FOUNDATION AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE SET OF TERMS CAREFULLY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR SERVICES.

1. Eligible Users

A. By accessing and/or using the Platform, you must be and hereby affirm that you:

• are not prohibited or restricted from accessing the Platform or using or taking part in any of the Services available including using blockchain-based protocols or participating in token-based systems on the Platform by any laws or regulations applicable to you;
• are an adult of the legal age of majority in your country or state of residence (whichever is higher). If you are under the legal age of majority, you may not use the Platform;
• have the legal capacity to enter into binding contracts; and
• are not, and are not under the control or ownership of a person that is, subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the government of the Cayman Islands, the United Kingdom government, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.

2. Access and Use of the Platform

• The BitRobot Network is a decentralized coordination protocol for robotics and Embodied AI, enabling the creation and operation of “Subnets” that aggregate resources such as robots, compute, teleoperators, and researchers. Subnets generate outputs such as datasets, artificial intelligence (“AI”) models, or real-world evaluations, with incentives and governance defined by the protocol. Participation in the Network may involve interacting with on-chain smart contracts, off-chain infrastructure, and third-party integrations. BitRobot does not custody participant assets, direct Subnet operations, or guarantee the performance of any Network participant.
• The Platform serves as a dashboard and platform to enable contributors of the Network to access opportunities in the Network to collect data and earn Points (as defined below), view their available Points balance, and exchange, consume and use their Points earned to order, redeem and receive various rewards, benefits, gifts or other incentives (collectively, “Rewards”). The Platform may also make available to its Users such other Services and functionalities that may be added at the Foundation’s absolute discretion from time to time. More details on BitRobot’s Points and Rewards system can be found at https://docs.bitrobot.ai/points-system#balances.
• To access and use the Platform, users (“Users”) will be required to create an account with their email address and log in with said account (each a “User Account”). Certain parts of the Platform may require additional access credentials or other specific conditions in order to access or use the Platform. Access and use of the Platform via a User Account, are subject to the following terms and conditions:
  • When you register an account with your email address, your use of your email address is at your own risk, and subject to the relevant email service provider’s terms and conditions.
  • The Foundation shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. The Foundation shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of these Terms or any other of the Foundation’s policies; (c) to protect the Foundation’s legal rights and remedies; (d) to protect the health or safety of anyone that the Foundation believes may be threatened; or (e) to report a crime or other offensive behavior.
  • You are solely responsible for all activities conducted through your User Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates these Terms is discovered or reported (whether by you or someone else) that is connected with your User Account, the Foundation may suspend, terminate or block your User Account’s access to the Platform, whether for a period of time or indefinitely, and you may lose access to your Rewards or Points. The Foundation shall not be liable to you for any loss or inability to access your Rewards or Points as a result of such suspension, termination or blockage.
  • You are solely responsible for maintaining the confidentiality and security of your User Account and for restricting access to your User Account and/or devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your access credentials (for example, passwords or biometrics) or from any person’s use of your access credentials to gain access to your User Account. You acknowledge that in the event of any unauthorized use of or access to your User Account, access credential or other breach of security, you accept that due to the nature of the Platform, the Foundation will be unable to remedy any issues that arise and the Foundation will not be responsible or liable for the same.
  • The Foundation will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part.
  • The Foundation will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your account.
• Grant of License.If you accept and comply with these Terms, the Foundation will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to access and use the Platform subject to the “Restrictions,” set forth in Section 5 below, as follows:
  • You may access and use the Platform on one or more computers or mobile devices under your authorized control.
  • You may use the Platform for your personal and non-commercial purposes only.
  • You may not transfer your rights and obligations to use the Platform.
• Some Services of the Platform are provided, managed or operated by third party suppliers, partners or licensors of the Platform (“Third Party Providers”) and may be subject to specific requirements or terms and conditions imposed by such Third Party Providers. Please refer to Section 9 for more information.
• Open Source Components. The Platform contains components that are subject to open-source licenses (“OSS Components”). Your access and use of these OSS Components shall be subject to the applicable open-source licenses that apply to and govern such OSS Components.
• User Warranties. By using the Platform, or any Services made available therein, you represent, warrant and covenant that:
  • You will not provide any false, inaccurate, incomplete or misleading information while using the Platform, or any Service available thereon, or engage in any activity that operates to defraud the Foundation, other Users, or any other person or entity;
  • You access and use the Platform (including any Service available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary;
  • We may be required by anti-money laundering regulations, and as part of our internal policies, to make KYC, background or verification checks on our Users. In the event that our KYC, background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform or to any Service should we be unable to satisfy ourselves with the results of your KYC, background or verification checks;
  • You will not, and will not attempt to, authorize anyone other than you to access the Platform and any of the Services through your User Account;
  • You will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Platform and/or the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Platform and Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Platform and the Services; and
  • You accept and acknowledge all risks associated with the use or access of the Platform or any Services made available thereon, including but not limited to the risks set out in these Terms.

3. Platform and Network Participation

• Subnets. Subnets are independently created and operated by third parties. BitRobot does not control, audit, or guarantee the outputs of any Subnet. Your participation in a Subnet is at your own risk.
• Social Services. We may make available Social Services, including but not limited to enabling you to link and connect your User Account with your Discord account or uploading a profile or display picture onto the Platform, that allow you to communicate or interact with other Users within the Platform. In the event that you wish to utilise such Social Services, you may be required to grant the Platform access to your camera, video and microphone functionalities. You shall ensure that you do not post, upload, stream, or otherwise contribute any content (including without limitation, any speech or video) that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.

You acknowledge and agree that any User may use the Social Services to post, chat, send or communicate their views, thoughts, articles, and opinions regarding any subject matter (including without limitation, views and opinions on any tokens (whether fungible or non-fungible), cryptocurrencies, or other digital or virtual assets or currencies (collectively, “Digital Assets”, the state of the Digital Asset market, robotics, AI and economy, and the economy in general) (“User Opinions”), and that any such User Opinions may not be regarded as, deemed to constitute or be relied upon as, legal, tax, investment, financial, professional or other advice. All User Opinions are subjective opinions only and should be treated as such.

• Conduct. You shall ensure that your actions, conduct and behavior (including without limitation, your use of the Social Services) comply with and abide by all the rules and guidelines imposed by the Foundation and/or its Third Party Providers. The Foundation may suspend or block your access to the Platform (or any Services or part thereof), whether for a period of time or indefinitely, in the event that you violate or fail to comply with any of such rules and guidelines.
• Identity Disclosure. You are responsible for the protection of your real and actual identity within the Platform, and any disclosure of your real and actual identity to any other user within the Platform is at your own risk. You acknowledge and agree that certain information, including your username, profile or display photos, certain transactions, activities and information related to your Points, may be publicly available and viewable on the Platform or the blockchain. The Foundation and/or its Third Party Providers will not be liable or responsible for any disclosure of your real and actual identity or likeness by you within the Platform, or any loss, damage or harm arising as a result of such disclosure.
• ENTs. Certain network roles may also require or utilize Embodied Node Tokens (“ENTs”), which are non-fungible tokens representing registered robotic resources. ENTs are not network rewards; they function as identifiers and may be linked to collateral or participation rights within Subnets. All transactions are executed by smart contracts on the applicable blockchain and are irreversible. We will not be able to reverse, cancel, or modify any transaction.
• User Created or Uploaded Content. The Platform may provide you an opportunity to upload, transmit and display data, content or other materials (including without limitation images, text, messages, data, information, videos, voice and sound recordings) to the BitRobot Protocol on the Platform, such as on the Social Services and/or as part of any challenges, opportunities, quests or other tasks made available on the Platform (the “Opportunities”), including the compilation, arrangement or display of such content (collectively, “Contributed Data”). By contributing any such Contributed Data, you represent and warrant that:
  • Rights Granted to BitRobot. You hereby irrevocably assign to BitRobot all rights, title, and interest (including all intellectual property rights) in and to the Contributed Data. The Foundation shall have the unrestricted and unlimited right to use, copy, reproduce, fix, modify, adapt, translate, reformat, prepare or create derivative works out of, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the Contributed Data as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the Contributed Data or the elements thereof in conjunction with or into any other material, including for commercial purposes, without any obligation or need to account to you, except as otherwise required by applicable law. You represent and warrant that the Contributed Data does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights or proprietary rights of any third party.
  • Feedback. In the event you upload or otherwise transmit to the Foundation any concepts, ideas, or feedback relating to the Platform or the Network (the “Feedback”), you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Foundation, and the Foundation may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and the Foundation.
  • Residual Rights.Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world in respect of the Contributed Data and the Feedback. To the extent any assignment hereunder is not effective under applicable law, you grant the Foundation an exclusive, perpetual, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to exercise all rights in the Contributed Data for any purpose, including commercial exploitation.
  • Legal Compliance. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to provide the Contributed Data, and your use or contribution does not violate any applicable laws, regulations, or third-party rights (including but not limited to intellectual property, privacy, data protection, and export control laws) in your jurisdiction or any jurisdiction where the Contributed Data is collected, processed, or used. You further represent and warrant that you will not use or contribute Contributed Data that is tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, infringing, racist, unlawful, harmful, or objectionable or inappropriate, or otherwise prohibited under applicable law. The Foundation may remove or delete any Contributed Data and any related content or elements from the Platform at its sole discretion (including without limitation, where the Foundation believes that any Contributed Data is in violation of these Terms of Use).
  • Data Retention. The Foundation does not guarantee that it will retain or store any Contributed Data, and the Foundation shall not be liable or responsible to you or any third party for any inability to access or retrieve your Contributed Data arising from any reason whatsoever (including without limitation, any loss, removal or deletion of Contributed Data). You are solely responsible for retaining backups or copies of your own Contributed Data. You are solely responsible for ensuring that any Contributed Data you submit or upload to the Platform complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your Contributed Data may be used in accordance with our Privacy Policy. The Foundation always has the right, in its sole discretion, to accept or reject any Contributed Data.
• Digital Wallet.You may use the Platform to create, link or connect a Digital Wallet. Digital Wallets are provided by Third Party Providers and subject to such Third Party Providers’ terms and conditions. The Foundation will not be liable or responsible for the creation of any Digital Wallet by you, and for your access and use of such Digital Wallet. You acknowledge and understand that:
  • the Foundation does not have control over your Digital Wallet, and cannot be liable or responsible for any activity or transaction conducted via your Digital Wallet, whether initiated through the Platform’s user interface or otherwise;
  • in certain circumstances, such as if you lose or forget your password for your Digital Wallet, you will need to use a seed or recovery phrase to access any Digital Assets stored in your wallet (the “Seed Phrase”). You are solely responsible for the retention and security of your Seed Phrase. Your Seed Phrase is the only way to restore access to the Digital Assets stored in your Digital Wallet if you lose access to your Digital Wallet. Anyone who knows your Seed Phrase can access, transfer or otherwise deal with or dispose of your Digital Asset. If you lose your Seed Phrase, you may not be able to access, transfer or otherwise deal with or dispose of your Digital Asset.
  • You acknowledge and agree that we do not store and is not responsible in any way for the security of your Seed Phrase and you agree to hold us, our affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Seed Phrase and cannot access, transfer, use or otherwise deal with or dispose of your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Seed Phrase.
• Progress Tracking Features. From time to time, the Platform may provide Points, leaderboards or other features, functionalities or services that track your progress or record your activity and profile on the Platform and your transaction history in relation to the Points as part of the Progress Tracking features. Progress Tracking is provided for your information and entertainment only, and shall not be deemed as having any intrinsic value or entitling you to any Reward, status or benefit. Such Progress Tracking may be reset regularly, and changes in the server status (such as server maintenance or server refreshes) may result in your Progress Tracking being reset, unsaved or lost. The Foundation shall not be liable or responsible to you or any third party in the event that your Progress Tracking is reset, unsaved or lost.

4. Services and Features Available on the Platform

• Points Programme. The Foundation may introduce and issue experience points, points, badges, or such other indications or mechanism of recording the achievement and completing the Opportunities (collectively, “Points”). Points may be subject to additional terms and conditions as issued by the Foundation or the Network, and form part of the incentive and rewards programme operated by the Network and the Foundation (the “Points Programme”), which has as its objective, the promotion of the purchase of products and/or services within the Network, and the participation in the Network. The Foundation and the Network does not intend for the Points to be used as a tradeable currency, investment product, financial instrument, speculative asset or e-money, nor does the Foundation, the Platform or the Network promote, facilitate or enable the trading of the Points between Users. In this regard:
  • The Foundation does not regard the Points as having any cash or monetary value, or any inherent value, and does not allow the encashment of Points for cash.
  • Users may choose to redeem and use all or part of their available Points for the redemption and purchase of Rewards.
  • Users may not use Points outside of the Platform or with any third party.
  • The sale, trading or barter of Points or other rewards and/or benefits, and the use of the same for commercial purposes, is strictly prohibited and will result in cancellation and forfeiture of these Points, Rewards, and/or other benefits. Users who breach this rule may also be liable for damages, litigation and transaction costs.
  • The Foundation does not purport to (whether by virtue of the operation, issuance, use and promotion of the Points) operate a regulated payment service nor is the Foundation or the Points regulated or licensed under any payment services or virtual asset services regulatory authority.
  • Consequently, holders, participants and users of the Points (including but not limited to the redemption of Points) hold and use the Points at their own risk. Points are intended to only be used, redeemed or spent within the Platform on the Rewards provided by the Foundation.
  • The Foundation further reserves the right to modify the Points, Rewards, and its structures, benefits, and other Services, including these Terms at our sole discretion without prior notice. This includes changes without limitation to the rules or requirements for earning or using various types of Points and/or Rewards.
  • Although we will use reasonable efforts to notify all users of material changes to the Points programme and/or to these Terms, it is the responsibility of the Users to keep themselves up to date. Any further use of the Platform and/or Points by a User will be deemed as acceptance of any such amendment.
  • The Foundation’s liability with respect to any claim arising in respect of wrongful acts or omissions by the Foundation or the Platform under the Points Programme and any Points including provision and use of any Points, shall be limited to re-crediting the amount of the relevant Points redeemed or used by you or providing other reasonable, alternative and comparable benefits as exclusively determined by the Foundation. For the avoidance of doubt, monetary compensation is expressly excluded.

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• Earning and Issuance of Points. BitRobot uses a two-layer reward system (the “BitRobot Rewards System”) to track and incentivize robot operations across all subnets:
  • Subnet Pointsare instant, uncapped points that each Subnet awards to its Users for contributions. They are recorded on the User’s points ledger and can be attributed by BitRobot user ID, email, Discord user ID, or Digital Wallet address. Subnet Points are awarded by the relevant Subnet(s) at their sole discretion and in accordance with their policies and terms, and not the Foundation, the Network or the Platform. The Foundation, the Network and the Platform does not have control or responsibility over the awarding and issuance of any Subnet Points.
  • BitRobot Bolts are the final reward points (“Bolts”). At each distribution interval (daily, weekly, or monthly, depending on the subnet’s settings), a User’s share of a Subnet’s total Subnet Points determines their share of that Subnet’s Bolts allocation to the User for the period.
• Epochs. Points are organized into epochs, each with defined competition periods and leaderboards to track top contributors.
• Points Management. Subnet admins can manage points through the Points Management page in the Platform dashboard.
• Redemption of Rewards. Users may exchange their Points to redeem and obtain various Rewards (each a “Redemption”). All Redemptions are subject to these Terms. Further, additional terms and conditions may be imposed by the Foundation or such Third Party Providers or partners that are responsible for providing the relevant Reward (each a “Redemption Partner”) may apply to your Redemptions of specific Rewards (the “Redemption Terms”). Please read these Terms and the Redemption Terms carefully and by proceeding to make any Redemptions, you shall be bound by these Terms and any additional Redemption Terms. The Foundation does not make (and the Foundation expressly disclaims) all warranties and representations in relation to any Rewards made available on the Platform (including as to the quality, merchantability, state, condition or fitness or the timely delivery of goods and/or services offered, provided or made available on the Platform as a Reward, whether provided by it directly or by a Redemption Partner). You bear the responsibility of satisfying yourself of the fitness, suitability, availability, quality, legality, appropriateness, or any other aspect of the Rewards provided or made available on the Platform before conducting any Redemptions via the Platform.
• Redemption Process. The Redemption of Rewards shall be subject to the following process:
  • Through the Platform, various types of Rewards will be made available for redemption by Users from time to time. The type and nature of the Rewards offered and made available on the Platform shall be at the sole and absolute discretion of the Foundation. There may be limited quantities of a particular type of Reward, and the Redemption mechanism and basis (the “Redemption Mechanism”) of a particular type of Reward (including without limitation, by ballot, raffle, auction, contest, or on a first come first served) may be determined by the Platform or a Redemption Partner at its sole and absolute discretion.
  • To redeem a Reward, Users must make a request on the Platform to redeem a relevant Reward (a “Redemption Request”). Users must (a) have sufficient Points to redeem the relevant Reward; and (b) satisfy any eligibility requirements or conditions that may be imposed by the Foundation or a Redemption Partner in respect of the particular type of Reward, in order to make a Redemption Request for the relevant Reward. Redemption Requests, once made and submitted, cannot be withdrawn or cancelled.
  • A Redemption Request may be accepted and successful, or it may be rejected and unsuccessful for any reason whatsoever at the Foundation’s or a Redemption Partner’s sole and absolute discretion. Upon a successful Redemption Request for the Reward, the corresponding amount of Points required for the redemption of the Reward will be deducted from your total Points balance in order to complete the Redemption.
  • Where the Redemption Mechanism is subject to or requires additional events, milestones or requirements to occur (such as a ballot or raffle), you agree that the Foundation and the Platform may hold, lock or deduct an amount of your Points (which may be equal to the redemption price of the Reward) to facilitate the potential redemption of the Reward. In the event that you are successful in your request to redeem the Reward (for example, you are successful in your ballot or raffle), the Foundation and the Platform shall deduct (if such deduction has not already occurred) the corresponding amount of Points required for the Redemption of the relevant Reward from your total Points balance. If you are unsuccessful in your Redemption Request, any Points locked or held by the Foundation and Platform will be released and made available for your use, and any Points deducted for the relevant unsuccessful Redemption Request will be returned to you within such a timeframe as may be determined by the Platform at its sole discretion.
  • If any amount of your Points are held or locked pending the confirmation of a potential Redemption, you acknowledge and agree that such held or locked Points may not be made available for use by you for any other Redemptions until the confirmation is completed, and if you are unsuccessful in your Redemption Request.
  • For avoidance of doubt, if you do not have sufficient Points in your total Points balance for the successful Redemption of the Reward, you will not be able to redeem the Reward.
  • Upon your Redemption Request being successfully accepted as communicated to you by or through the Platform (whether by automated means or otherwise) by the Foundation or the relevant Redemption Partner, a contract (“Redemption Contract”) is formed between you and the Foundation or the relevant Redemption Partner (as the case may be) in respect of your relevant Redemption.
  • You agree that the Foundation and/or the relevant Redemption Partner shall have the right to terminate a Redemption Contract with immediate effect in the event that the relevant Reward has been misquoted or mispriced on the Platform or for any other reason as determined by that Foundation and/or the relevant Redemption Partner in their absolute discretion, whether or not the relevant Reward has been dispatched or are in transit and whether your Points have been deducted.
  • You acknowledge that you shall be responsible for ensuring the accuracy of all Redemptions made by you and that each Redemption shall be deemed to be final, irrevocable and non-cancellable upon transmission and submission of any Redemption Request via the Platform and the Foundation shall be entitled to process such Redemptions, subject to any applicable Redemption Mechanism, without any further reference or notice to you. All Redemptions are irreversible and final, and no requests for the cancellations of Redemptions or refunds of Points will be entertained or considered. You accept all consequences of submitting a Redemption Request and for all Redemptions made by you, including the risk that you may not be able to recover the available balance of your Points used in the Redemption Request and Redemption, or that you may not be satisfied with the relevant Reward. All Redemption decisions are made solely by you. Notwithstanding anything to the contrary in these Terms, the Foundation has no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Platform to perform Redemptions involving any Points. We do not take or offer any returns, replacements or exchanges of Rewards or Points.
  • You acknowledge and warrant that you have not relied on (a) any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Foundation, and/or any Redemption Partner(s) which has not been stated expressly in a Redemption Contract, or (b) upon any descriptions or illustrations or specifications contained in the Platform, and/or any document including any catalogues or publicity material produced by the Foundation and/or any Redemption Partner(s).
  • Depending on the type of transaction and/or redemption purpose, a minimum number of the relevant Points may be required for certain transactions or Redemptions. The exact amount may vary according to the relevant transaction or Redemption.
• Redemption Partners.Rewards provided by our Redemption Partners (including any features or benefits relating thereto) are provided by the relevant Redemption Partner directly, and beyond our control. These may be subject to their own set of terms and conditions, as specified separately. Your access and use of any Redemption Partner’s Rewards (including without limitation, such Redemption Partner’s products, services and/or ecosystem) is entirely at your own risk. The Foundation and the Platform will not be liable or responsible to you if you incur or suffer any Losses due to your redemption or use of any Redemption Partner’s Rewards. The Foundation may, at its own discretion, add or remove any Redemption Partner at any time and without any prior notice or further liability to you. In addition:
  • Where Rewards are provided by Redemption Partners, the Redemption Request may be processed via the Platform, but it shall only be deemed as accepted and confirmed upon the Redemption Partner’s confirmation (which shall be communicated to you via such channels or mediums as the Redemption Partner may determine). Upon submitting your Redemption Request for any Reward provided by a Redemption Partner, you authorize the Foundation to facilitate the transaction on your behalf, including making payment arrangements with relevant Redemption Partner.
  • You hereby acknowledge and agree:
    • that the Redemption Partner(s) are independent contractors over whom the Foundation has no responsibility, and that to the fullest extent permitted by applicable law, the Foundation shall not be responsible for any Redemption Partner’s Rewards, conduct, performance or non-performance of its obligations to you, or any Losses arising from any delays or inability of the relevant Redemption Partner to provide you with the applicable Rewards (including any activities or events that were to be provided by such Redemption Partner);
    • that when you redeem or use a Reward provided and managed by a Redemption Partner, their terms and conditions will apply in addition to these Terms;
    • that the Foundation does not endorse and is not responsible or liable for any content, advertising, products, services or materials made available to you by any Redemption Partner on the Platform, including without limitation descriptions or statements about any Rewards (such as products, product listing, and/or services) advertised, offered, or otherwise made available by any Redemption Partner;
    • that the Foundation shall not be liable for (nor responsible to resolve) any dispute arising from or relating to any Reward provided by any Redemption Partner. You shall and hereby fully release and discharge the Foundation (and its officers, directors, employees and agents) from any and all claims, liabilities, losses, injuries, damages, costs or expenses (“Losses”) suffered by you in connection with any act or omission of any Redemption Partner or the Rewards provided by them;
    • the Foundation shall be under no liability for the following measures and actions taken by you or other third parties and the consequences thereof: improper remedy of defects, alteration of the relevant products and/or services without the prior agreement of the Foundation; and
    • all Redemption Contracts relating to Rewards provided by Redemption Partners are entered into directly between you and relevant Redemption Partner, and that the Foundation is not a party to any such Redemption Contract. Accordingly, any and all disputes or matters arising in connection with any Redemption Contract relating to Rewards provided by Redemption Partners shall be resolved directly between you and the relevant Redemption Partner, and the Foundation is not under any obligation to provide any assistance to you or any third party in the resolution of such a dispute or matter (although the Foundation may choose to do so at its own discretion). The Foundation does not owe any responsibility, obligation, duty or liability to you in respect of any Redemption Contract relating to Rewards provided by Redemption Partners.
• Shipping and Delivery. In order to provide the relevant Reward redeemed, you may be required to provide a delivery address, or claim and redeem your Reward in person at a location provided by the Foundation or its Redemption Partner. Depending on your indicated delivery address, we offer various shipping/delivery options as listed on the Platform. Shipping and delivery may be subject to additional charges, fees or costs, which will be indicated on the Platform. Certain Rewards may not be available for Redemption due to geographical restrictions or practical difficulties. The Foundation and its Redemption Partners reserve the right to reject or cancel an ongoing Redemption in the event that it is commercially impractical to deliver the Reward to you, or to make available the Reward for in person claims or redemption to you. The shipment and delivery of the Rewards are made by third party service providers (the “Delivery Partners”), and we will not be responsible or liable for any non-performance or non-delivery, delay, damage to or loss of the Reward or any part thereof, or other Losses caused by such Delivery Partners. We may require a signature or other proof of identity and/or authorisation for any Rewards delivered. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by the Foundation and/or the relevant Redemption Partner, and transfer of responsibility in the same way. We will not be responsible for any tariffs, tax and/or import restrictions imposed by the country of residence/delivery. You are fully responsible for any customs duties or foreign taxes that may be imposed. Our Delivery Partners and custom agents have the right to release or deny release of your order where outstanding fees are not paid and in some rare cases delivery may be delayed. Should there be taxes and/or duties incurred from the delivery, you will be responsible to cover the fees in order for delivery to proceed. Please check with your residing country for details on all import duties/tax. You are solely responsible and liable for ensuring that the delivery and shipping of your Reward to your indicated address is lawful and compliant with all applicable laws and regulations.
• Additional Disclaimers.
  • The Foundation shall not be liable to any user for any loss of revenue, profit, business or any indirect or consequential Losses of any kind whatsoever arising out of or in connection with the Points programme, any Points, any Rewards or Redemptions thereof, the provision or the refusal to provide any benefits and Rewards and your Redemption and use of Rewards, whether such Losses is caused by negligence or otherwise, and whether the Foundation or its Redemption Partner has any control over the circumstances giving rise to the claim or not. For the avoidance of any doubt, we shall not be liable for any loss or damage resulting from the termination of or any change in the Points programme, any Points, any Rewards and any Redemption Partners and their related benefits.
  • The Foundation’s liability with respect to any claim arising in respect of acts or omissions under the Points programme and any Points or Rewards, shall be limited to re-crediting the amount of the relevant Points redeemed or used by you or providing other reasonable, alternative and comparable benefits as exclusively determined by the Foundation. For the avoidance of doubt, monetary compensation is expressly excluded.
• The information and content on the Platform may include inaccuracies or errors, including pricing errors or other errors or inaccuracies relating to the information and description of the relevant product and services displayed on the Platform. Hence, the Foundation and its Redemption Partners expressly reserve the right to correct any pricing errors on the Platform and/or pending Redemptions made under an incorrect price.
• The Foundation and its Redemption Partners make no representations about the suitability of the information and Rewards contained on the Platform for any purpose, and the inclusion or offering of any Rewards on the Platform does not constitute any endorsement or recommendation of such product or service by the Foundation and its Redemption Partners. All such information and Rewards are provided without warranty of any kind.
• The Foundation expressly disclaims all warranties and representations in relation to any Redemption Partner and their respective Rewards (including as to the availability or the timely delivery of such Rewards provided directly to you by such Redemption Partner(s) on the Platform). You bear the responsibility of satisfying yourself of the fitness, suitability, availability, quality, legality, appropriateness, or any other aspect of the Rewards of the Redemption Partners before transacting with them (if at all).
• The Foundation shall not be liable for (nor responsible to resolve) any dispute arising from or relating to the Rewards provided by any Redemption Partner to you via the Platform. You shall and hereby fully release and discharge the Foundation (and its officers, directors, employees and agents) from any and all Losses suffered by you in connection with any act or omission of any Redemption Partner(s) or the products and/or services provided by them.
• Referral Reward Program. The Foundation and/or the Network may make available, offer, issue or operate referral programmes (whether for a limited time or indefinitely) at their sole discretion. Such referral programmes may reward Users who successfully refer and onboard other Users (each a “Referred User”). Such referral may be considered valid only if it satisfies the following conditions, and/or such other conditions as may be imposed by the Foundation from time to time, whether applicable to a particular referral campaign or generally:
  • the Referred User is a new User who has not previously created a User Account;
  • the Referred User constitutes an eligible User;
  • the Referred User completes certain required actions or reaches defined milestones on the Platform, such as successfully registering a User Account, engaging with specific Services, or meeting certain usage or volume thresholds, as may be imposed by the Foundation from time to time; and
  • the referral does not involve any fraud, abuse, self-referral, “sybil attacks”, “farming”, unfair practices, unfair or undue manipulation or exploitation of any mechanics of any referral programme or violation of these Terms or our policies.

The amount, type and value of any Points or rewards or benefits offered under any referral programme may be set, modified, withheld or cancelled by the Foundation at any time without prior notice or liability. From time to time, we may limit the number or amount Points or rewards made available in a referral programme, or that a User may receive under such a referral programme, impose expiration dates, or require additional actions to unlock rewards or incentives under that referral programme. You acknowledge and agree that we may disclose your personal details to your Referred Users as the referrer. Participation is subject to geographic eligibility, and the Foundation reserves the right to restrict access at its sole discretion. The Foundation shall not be liable or responsible to you or any third party, including the Referred User, in the event that your referral rewards or progress tracking are delayed, inaccurate, withheld or suspended for any reason, including technical issues, policy updates or user misconduct. You acknowledge that the referral programmes offered by the Foundation and/or the Network do not in any way constitute financial or investment solicitation, or an offering to participate in securities or regulated products. The referral programmes and any associated rewards are not intended to, and shall not be construed as, an inducement, solicitation, or enticement to engage in any form of cryptocurrency purchase, trading, or investment activity. We may reject or cancel any referral programme, or your participation thereto, at our sole and absolute discretion without any prior notice or explanation, or any further liability, to you.

• User Dashboard. The Platform makes available a User dashboard (the “User Dashboard”) to enable Users to conveniently and easily view and track the balances of their available Points, and pending/completed Redemption Requests, and the corresponding Reward details. While we strive to ensure that the information provided on the User Dashboard is accurate, current and complete, there are many factors that impact the quality of the information presented and which are beyond our ability to control. For example and without limitation, we receive and rely on data and information from third party sources, including without limitation, Subnets or our service providers, and we are unable to verify the veracity and quality of the data and information that they provide. Additionally, there may be technological or connectivity limitations or errors that affect the information and data that we receive. Consequently, notwithstanding our efforts, information available as part of the User Dashboard may not be accurate, timely, current or complete, and may include technical inaccuracies or typographical errors. Accordingly, you should independently verify all information before relying on it, and all decisions based on information contained on the User Dashboard or otherwise as part of the Services are your sole responsibility. No representation is made as to the accuracy, completeness, or currentness or overall veracity or quality of the information made available on the User Dashboard. Any and all information provided on the User Dashboard is for your own convenience only, and you rely on the same at your own and sole risk.
• CSV Upload. Users can bulk distribute Points by uploading a CSV file through the User Dashboard. Subnet Points are uncapped, so uploads do not require a pre-funded point pool.
• Service Availability.The Platform and the Services are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, operation and any particular application or use. You acknowledge and agree that we may, in our sole discretion, apply changes, replace or discontinue (temporarily or permanently) any part of the Services at any time. We reserve the right to disable or modify access to the Services at any time in the event of a breach of the Terms, including, if we reasonably believe any of your representations and warranties may be untrue, misleading or inaccurate, and the Foundation will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason.
• Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform. As part of this process, the Foundation and/or its authorized third party advertisers may collect standard information that is sent when your personal computer or device connects to the Internet including your Internet protocol (IP) address.

5. Restrictions on Use of Platform and Services

• Restrictions. The Foundation may suspend or revoke your license to use the Platform, or any Service, parts and/or components thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do any of the following:
  • Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Foundation (or any Service made available therein).
  • Prohibited Commercial Uses: Exploit or use in a manner for commercial purposes, in its entirety or individual components, the Platform (or any Service made available therein) for any purpose not expressly authorized by the Foundation, including, without limitation (i) accessing and using the Platform (or any Service made available therein) at commercial establishments; (ii) using any Service of the Platform to advertise, market, provide or sell any third-party product or service; (iii) performing in-Platform services including, without limitation, account boosting or resource-farming or botting or similar activities, whether in exchange for payment or otherwise; (iv) communicating or facilitating (by text, through the Social Service, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform (or any Service made available therein); or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, activities within the Platform (or any Service made available therein), whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
  • Cheating / Exploitation / Unfair Use: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
    • exploits; i.e. methods not expressly authorized by the Platform (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of any Service in a manner that is unintended by the Platform, including exploits of any bugs in any Service in the Platform, and thereby granting you and/or any other User an undue and unfair advantage over other Users not using such methods;
    • bots; i.e. any code and/or software, not expressly authorized by the Foundation, that allows the automated control of your User Account or any Service of the Platform;
    • hacks; i.e. accessing or modifying the software of the Platform (or any Service made available therein) in any manner not expressly authorized by the Foundation; and/or
    • any code and/or software, not expressly authorized by the Foundation, that can be used in connection with the Platform, any Service, any content and/or any component or part thereof which changes and/or facilitates the Service or functionality of the same;
  • Data Mining:Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform (or any Service made available therein); provided, however, that the Foundation may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
  • Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform (or any Service made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform (or any Service made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Foundation.
  • Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform (or any Service made available therein) or component thereof, or your rights to the Foundation (or any Service made available therein) to any other party in any way not expressly authorized herein.
  • Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the social experience for other Users, or disrupt operation of the Platform (or any Service made available therein) in any way, including:
    • Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Platform (or any Service made available therein) or interfering with, disrupting, negatively affecting or inhibiting other Users from enjoying the Platform or any Service made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Platform or Service made available therein. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
    • Harassment, “griefing,” abusive behaviour or chat, conduct intended to unreasonably undermine or disrupt the Platform experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates these Terms.
    • Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other similar form of solicitation within the Social Services or the Platform.
  • Violation of Laws:Access or use the Platform or any Service provided therein to violate or attempt to violate any applicable law or regulation (including without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs, including, without limitation, the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury’s Office of Foreign Assets Controls and any other Export Control Laws and those of the Cayman Islands).
  • Violation of Polices: Access or use the Platform or any Service provided therein to violate or attempt to violate any policies of the Foundation.
  • Violation of Proprietary Rights: Access or use the Platform, any Service or any content available thereon in any manner that violates, misappropriates, or infringes the rights of the Foundation, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights.
  • Impersonation. Use the Platform or any Service in a manner that involves falsehoods, misrepresentations, or misleading statements, including impersonating someone.
  • Circumvention of Security. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Platform, or any Service.
  • VPN. Disguise your location through IP proxying, VPN or other methods.
  • Circumvention of Content Filtering. Circumvent any content-filtering techniques, security measures or access controls employed on the Platform or any Service) in any manner.
  • Encourage or enable any other individual to do any of the foregoing.
• You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”).
• Without limiting the foregoing, you may not use the Platform or any Service or any content available thereon, and you may not participate in the Network, if:
  • you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury’s financial or other sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial or other sanctions regime; or
  • you intend to supply the Platform or any Service or any Content to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial or other sanctions regime.
• Additionally, the Platform (and any Service available thereon) is not made available to persons (whether a natural person or a legal entity) residing, domiciled or incorporated in the following jurisdictions:
  • [Insert Countries]; or
  • any jurisdiction in which the entry into these Terms or the use of the Platform is prohibited by applicable law.
• In addition to the geographical restrictions in Sections 5(C) and 5(D) above (the “Restricted Jurisdictions”), we reserve the right to refuse customers from any other country.
• Particular Service may also not be available in certain countries due to regulatory, licencing and local restrictions.
• We may deploy technological solutions (such as geo-blocking) to prevent persons located in Restricted Jurisdictions from registering an account and/or otherwise being able to access, or to use, the Platform (or any Service made available thereon). You acknowledge and agree that we will not be responsible to you for, and that you will indemnify and hold us harmless for and in relation to, any losses suffered by you as a result of your attempting to access the Platform (or any Service found thereon) from within a Restricted Jurisdiction, including by way of any means designed to circumvent any controls or technological solutions that we may have in place from time to time, and which are intended to prevent or limit such access. You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, examination of your device properties, detection of geo-location and IP masking, transactions and blockchain analysis.
• By accessing the Platform (or any Service found thereon), and entering into this agreement, you confirm that you are not located in a Restricted Jurisdiction or a jurisdiction in which it is illegal to use the Platform (or any Service found thereon).
• We reserve the right to terminate or limit any person’s User status or access to or use of the Platform at any time, with or without notice, as determined in our sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, VPN provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that User has engaged or intends to engage in any of the restrictions set out above.

6. Representations and Warranties

• Use of the Platform. Prior to your use of the Platform and on an ongoing basis, you represent, warrant, covenant and agree that:
  • there is a risk of losing your Digital Assets (including without limitation, your funds and cryptocurrency) when using the Platform or any Service thereon and that we have no responsibility to you for any such loss;
  • you will not utilise or deposit funds or assets, which originate from criminal or other unauthorised activity;
  • you will not utilise or deposit funds or assets, using payment methods that do not belong to you;
  • you accept and acknowledge that the value of your Digital Assets (including any cryptocurrency) can change dramatically depending on the market value, market conditions or any reason whatsoever and you bear the sole risk of such fluctuations;
  • we are not, and shall not be deemed as or treated as a financial institution, broker or fund management Platform;
  • we may be required by anti-money laundering regulations, and as part of our internal policies, to make background or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform, any Points Programme, any referral programme or any Service, or to your Digital Assets (including Points, cryptocurrency and funds made available or deposited to you) should we be unable to satisfy ourselves that your source of funds is legitimate; and
  • you accept and acknowledge all risks associated with the use or access of the Platform or Service made available herein, including but not limited to the risks set out in these Terms.

7. Payment, Collateral Fees and Taxes

• You may be charged fees or charges to access or use some of the Services on the Platform, including fees without limitation:
  • such fees for the utilisation of the Platform (the “Platform Fees”) on all transactions made on or via the Platform (each a “Platform Transaction”). We reserve the right to change or revise the Platform Fees at any time, and any changes or revisions to the Platform Fees will be published on the website and/or be updated within these Terms. It is your responsibility to take note of any changes or revisions to the Platform Fees, and any Platform Transactions conducted by you after the Platform Fees is revised shall constitute your acceptance of such revised Platform Fees;
  • collateral or pay fees (e.g., Subnet registration fees, ENT registration fees, licensing fees) required by certain network roles. Failure to meet these requirements may limit or revoke your participation rights; and
  • gas fees or transaction fees charged on the deposit, withdrawal, conversion, swaps or other transactions relating to the Digital Assets carried out via any Service or other fees or charges imposed by Third Party Providers when you use or interact with their decentralised applications (“Dapps”) or services (“Third Party Fees”). Gas fees are paid to the third parties that operate the compatible blockchain and/or process the transactions and are not paid to us. Kindly note that such Third Party Fees often fluctuate based on a number of factors, all of which are not under our control, and may therefore change at any time without notice.
• By using the Services, you agree to pay any such fees or charges (including the Platform Fees and the Third Party Fees) imposed for the use of such Services.
• Although the Foundation or the Third Party Provider endeavours to provide an accurate estimate of the final quote, any such information only represents an estimation of the applicable fees or charges (such as the Platform Fees and/or the Third Party Fees), which may vary from the fees or charges actually paid to use the relevant Service and/or interact with the relevant blockchain or any other network with which the relevant Service and the Platform are compatible.
• Any transactions or payments made through any Service via the Platform will be processed through the relevant blockchain or such other payment gateway or process as may be determined by us or by the relevant Third Party Provider (collectively, the “Payment Process”). We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions made via the Payment Process. You acknowledge that we have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions you made via any Service, including, but not limited to, instances where your payment was not properly processed on the Payment Process or where payment was erroneously made to an unintended recipient. It is solely your responsibility to confirm that your payment for any Platform Transaction has been processed and completed successfully. We do not provide refunds for any fees, payments or Platform Transactions that you might make on or through the Platform.
• You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Platform (collectively, the “Taxes”). You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction; and will not be entitled to deduct the amount of any such Taxes or amounts levied in lieu thereof from payments (including gas fees) made to us pursuant to these Terms.

8. Ownership of Intellectual Property

• The Platform and the Services contained therein, including any BitRobot Trademarks (defined below), media, web applications, mobile applications, software, computer code, metadata, materials, design, text, images, photographs, illustrations, animation, content, text, media files, artwork, graphic material, databases, proprietary information, graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all Intellectual Property Rights therein (all of the foregoing, individually and collectively, the “Platform Assets”), are our property and/or where applicable, the property of our licensors or suppliers. The Platform may contain materials licensed by third-parties to the Foundation, and these third-parties may enforce their ownership rights against you in the event that you violate these Terms. Nothing in these Terms shall be interpreted as granting any license of Intellectual Property Rights of the Platform Assets to you other than as explicitly set forth in these Terms. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Platform. You may not do anything that infringes, violates or misappropriates the exclusive rights belonging to us.
• Under these Terms, “Intellectual Property Rights” refer to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. “BitRobot Trademarks”means any and all logos, trademarks, service marks, and trade dress associated with the Platform, including the “BitRobot” and “Bolt” name or products or service developed by us.
• The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Platform are service marks, trademarks and/or trade dress that belong to us and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by us in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Platform, the BitRobot Trademarks or the Foundation.

9. Third-Party Providers and Services

• When you use the Platform and any Services made available thereon, you may also be using the functionality, application, software or service of one or more Third Party Providers. For example, Subnets, products and services provided by our Redemption Partners, the ecosystems provided by the Redemption Partners, and the operation of any Points Programme or referral programme may rely on smart contracts, blockchains or Dapps operated by third persons. Your use of those and other third-party functionality, application, software or service (each a “Third-Party Service”) will be subject to the privacy policies, terms of use and similar policies and terms, and fees of those Third Party Providers. You agree that the Foundation shall not be liable for any loss or damages arising from your use of or the breach thereof of any Third-Party Service.
• The Platform and any Services made available thereon may contain links to Third-Party Services (including, without limitation, Dapps), and may leverage or plug into such Third-Party Services to enable certain Services. When using any Third-Party Service, you understand that you are at no time transferring your Digital Assets or private keys to us. We provide access to the Third-Party Services on the Platform only as a convenience, and we do not have control over their content, and we do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or functionality made accessible via the Third-Party Service or by those Third Party Providers (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about the Third-Party Service, the Platform (including any content or Service made available thereon) or such linked Third-Party Services, the third parties that they are owned and operated by, the information contained on them, or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Service and any content made available thereon including any third-party website, applications, or resources. When you click on such a link, we may not warn you that you have left our Platform.
• We may provide experiences on social media applications that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms of use and privacy policies of those applications and related services. We have no control over such social media applications or related services, and they are deemed Third-Party Services under these Terms.

10. Data Protection and Privacy

• In the course of your access and use of the Platform or any Service, we may be required to collect, use, disclose and/or process certain data (including personal data) belonging to you. In this regard, we will collect, use, disclose and/or process your personal data in accordance with applicable data protection and privacy laws, and as set out in our Privacy Policy. Kindly refer to the Privacy Policy for more information.

11. Limited Warranty and Disclaimer

General

• TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM, THE NETWORK AND ANY SERVICES MADE AVAILABLE THEREON ARE PROVIDED ON AN “AS IS”, “UNDER DEVELOPMENT”, “WITH ALL FAULTS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
• YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES, NOR ITS SUPPLIERS, THIRD PARTY PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE FOUNDATION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (B) THE USE OR THE INABILITY TO USE THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (E) ANY ACTIONS THE FOUNDATION TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (F) HUMAN ERRORS; (G) TECHNICAL MALFUNCTIONS; (H) FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; (I) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON); (J) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (K) INABILITY TO FULLY ACCESS THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON OR ANY OTHER WEBSITE; (L) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; (M) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; (N) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR (O) ANY OTHER MATTER RELATING TO THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE ACCURATE, (D) THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM, THE NETWORK AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE SECURE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
• THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY DIGITAL WALLETS OR OTHER APPLICABLE BLOCKCHAIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN OR COMPROMISED PASSWORDS OR SEED PHRASES OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON.

Digital Assets Related Disclaimers

• The Foundation, the Platform, the Network and the Services could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Platform, Network and the Services. The Foundation, the Platform, the Network and the Services are not registered or licensed by any governmental or regulatory authority or agency. No such governmental or regulatory authority or agency has reviewed or approved the Foundation, the Platform, the Network and the Services provided thereunder.
• You acknowledge and agree that blockchain and decentralized technologies are an emerging technology and progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, Digital Assets, the Platform, the Network and the Services which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Platform, the Network and any of the Services you acknowledge and agree to undertake these risks.
• You acknowledge and agree that such Digital Assets, blockchain technologies and associated assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Platform. The Foundation does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any Digital Asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of Digital Assets; the Foundation does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree to these risks and represent that the Foundation cannot be held liable for changes and fluctuations in value or increased costs.
• The Foundation is a developer and provider of software. The Foundation is not a broker, fund management agency, fund manager, financial institution nor is it a dealer or arranger, nor does it operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the Services. All transactions initiated by Users are executed and conducted on a decentralised basis on the relevant Third Party Service via the Platform through smart contracts, and not through the Foundation as an intermediary. As a result, any transaction conducted through the Platform may not be subject to the same regulatory oversight or protections that may apply to transactions effected through traditional financial institutions or other regulated intermediaries. You are responsible for complying with all laws that may be applicable to or govern your use of the Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the CFTC, the federal securities laws and the regulations promulgated thereunder by the SEC, the Securities and Futures Act and all foreign laws that apply to you and your use of such Services.
• There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet. You accept and acknowledge that the Foundation will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform or the Services for processing transactions, however caused.
• You acknowledge and agree that the Platform, and the Services, the Network and contents made available thereon are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Platform, the Network and/or the Services and contents made available thereon and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Platform. Like all software, the Platform, the Network and the Services may be subject to exploits. The Foundation is not and will not be responsible for exploits of any kind. While the Foundation has taken a number of precautions to maintain the security of the Platform, the Network and the Services respectively, this is a nascent technology and it is not possible to guarantee that the software codes or any smart contracts are completely free from vulnerabilities, bugs or errors. You accept all risks that arise from using the Platform, the Network and the Services, including, and not limited to, the risk of any funds being lost due to a failure or exploit of the Platform, the Network or any of the Services. You further expressly acknowledge and agree that the Digital Assets and other blockchain applications can be written maliciously or negligently, that the Foundation cannot be held liable for your interaction with such Digital Assets applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the Foundation in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Platform, the Network or any Service or Content made available thereon.
• Any and all information provided in connection with your access and use of the Network or the Platform (or any Service or content made available thereon), including without limitation any Contributed Data, should not and may not be construed as legal, tax, investment, financial, professional or other advice. You should not take, and should refrain from taking, any action based solely on any information contained on the Network or the Platform (or any Service or content made available thereon), or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Network, the Platform (or any Service or content made available thereon) or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).
• The following risks are associated with Digital Assets, the Platform, the Network, the Services and blockchain based technologies in general: the risk of losing private keys, theft resulting from third parties discovering your private key, value fluctuation of Digital Assets on the secondary market, disruptions to the Platform caused by network congestion, lack of usability of, or loss of value with respect to, digital assets due to a hard fork or other disruption to the applicable blockchain, or errors, bugs, or vulnerabilities in the smart contract code associated with a given Digital Asset or transactions involving Digital Assets.
• Upgrades, forks or changes to the blockchain or a change in how transactions are confirmed on the blockchain may have unintended, adverse effects. In the event of a change to an underlying blockchain network, or other network disruption, resulting in a fork of the existing blockchain into one (or more) additional blockchains, the Platform and the Services may halt and stop functioning. In addition, in the event of a fork, transactions on the network may be disrupted, including transactions involving the Platform and the Services.
• The Digital Asset industry is subject to systemic and systematic risk. Systemic and systematic risks are both threats to the Digital Asset markets and economy, but the cause of these risks and the approaches for managing them are different. Systemic risk is the risk that a company or industry-level risk could trigger a major collapse. Systematic risk is the risk inherent to the entire market, which can be economic, sociopolitical, technological, or natural in origin. These risks can affect the prices of Digital Assets.

12. Limitations of Liability

To the fullest extent allowed by applicable law, the Foundation, its parent, subsidiaries, directors, officers, employees, contractors, Third Party Providers and affiliates shall not be liable for any indirect, incidental, special, or consequential damages, loss of profits, data, or goodwill, any losses arising from smart contract bugs, network failures, hacks, or protocol governance decisions, or any loss or damage arising out of your use of, or inability to access or use, the Platform (or any Service made available thereon) or the Network. The Foundation’s liability to you in respect of any claim under these Terms shall never exceed USD$10 unless applicable law explicitly disallows this limitation, in which case the Foundation’s liability shall be limited to the fullest extent permitted by applicable law.

13. Indemnity

You hereby agree to defend and indemnify the Foundation, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Foundation arising out of or from any violation by you of these Terms or your use of the Network, use or misuse of the Platform (or any Service made available thereon) or any violation of any applicable law or third-party rights.

14. Equitable Remedies

You agree that the Foundation would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Foundation shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach these Terms; and that the awarding of equitable relief to the Foundation will not limit its ability to receive remedies that are otherwise available to the Foundation under applicable laws.

15. Amendments and Variations

Alterations to the Terms

• The Foundation’s Rights. The Foundation may create updated versions of these Terms (each a “New Terms”) as its business and the law evolves.
• New Terms. These Terms will terminate immediately upon the introduction of a New Terms. New Terms will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified the Foundation of a Dispute. If you do not wish to be bound by a New Terms, you must immediately cease using the Platform and all Services made available thereon. Your continued use of the Network, the Platform, and/or any Service made available thereon after the Foundation has published any New Terms constitutes acceptance by you of the New Terms.

Alterations to the Platform

The Foundation may change, add to, modify, remove, suspend, or discontinue any aspect of the Platform at any time, and without prior notice or liability to you. The Foundation may also impose limits on certain Services or restrict your access to parts or all of the Platform or any Service made available thereon without notice or liability.

The Foundation has no continuing obligation to operate the Network, the Platform (or any Service made available thereon) and may cease to operate the Platform, the Network and/or one or more of the Service in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.

16. Term and Termination

Term

These Terms are effective upon your first access and use of the Platform, and shall remain in effect until it is terminated or superseded by a New Terms, or, if neither of the foregoing events occur, as long as you continue using the Platform.

Termination

• The Foundation reserves the right to terminate these Terms at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most access and usage suspensions and terminations are the result of violations of these Terms. In case of minor violations of these rules, the Foundations may provide you with a prior warning and/or suspend your use of the Platform due to your non-compliance prior to terminating these Terms.
• In the event of a termination of your access and use of the Platform for whatever reason:
  • you will continue to be able to access and use your Digital Wallet, but you may need to do so through means outside of the Platform (for example, a browser extension);
  • you will not be able to access or use the Platform, and the Foundation may delete and remove all Points associated with you and/or your Digital Wallet Address or User Account without any further notice or liability to you, and you hereby acknowledge and agree that such Points will be forfeited without refund or exchange to you for any equivalent value; and
  • the Dispute Resolution provisions of these Terms will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY

• APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Foundation agree to submit all Disputes between us to individual, binding arbitration. A “Dispute”means any dispute, claim, or controversy (except those specifically exempted below) between you and the Foundation that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Network or the Platform (including any Service made available thereon), and all marketing related to them, any licensed content, and all matters arising under these Terms, the Foundation’s Privacy Policy, or any other agreement between you and the Foundation, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
• INFORMAL NEGOTIATION PERIOD. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms, you and the Foundation agree to first attempt to negotiate any Dispute (except as set out in Section 17.F. below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Notice must be provided within one (1) year of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.
  • Negotiations will begin upon receipt of written notice by the party raising the Dispute. The Foundation will send its notice to your e-mail address or otherwise contact you via the registered telephone number that you have provided to us.
  • You will send your notice to the Foundation at:
    BitRobot Foundation
    c/o Leeward Management Limited
    Suite 3119 9 Forum Lane, George Town,
    Grand Cayman, KY1-9006 Cayman Islands
    Email: contact@bitrobot.ai
• BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations, either you or the Foundation may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Foundation, containing all of the information referenced above, and your good-faith participation in the Informal Negotiation Period, are prerequisites to commencing arbitration.
• Any dispute as to any matter arising under, out of or in connection with this Agreement (including but not limited to any question regarding its existence, validity or termination) shall be referred to and finally and exclusively determined by arbitration in Cayman Islands at the Cayman International Mediation and Arbitration Centre (“CIMAC”) in accordance with the Arbitration Rules of the CIMAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman (or equivalent position) of the CIMAC. The language of the arbitration shall be English. The award by the arbitrator shall be valid, final and binding on each of the Parties. The Parties shall have the right to seek interim injunctive relief from a court of competent jurisdiction, both before and after the arbitrator has been appointed, at any time up until the arbitrator has made its final award. The Parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and the Foundation shall be responsible for their respective attorneys’ fees and expenses.
• THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. The arbitrator may not consolidate disputes against the Foundation by other individuals or entities unless the Foundation expressly consents to such consolidation. These Terms provide no right or authority for any Dispute to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to your individual claim, but to the maximum extent permitted by applicable law, may not award relief against the Foundation respecting any person other than you.
• CLASS AND COLLECTIVE ACTION WAIVER.To the fullest extent allowed by applicable law, you and the Foundation agree that neither you nor the Foundation may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void. If any portion of these Terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of these Terms shall be given full force and effect. Any Dispute subject to any such portion of these Terms shall be decided by the arbitrator.
• GOVERNING LAW. Unless these Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of the Cayman Islands, without regard to conflict-of-laws principles. Any dispute shall be resolved exclusively in the courts of the Cayman Islands, unless otherwise required by applicable law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This paragraph will be interpreted as broadly as applicable law permits.
• EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION. You and the Foundation agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
  • any Dispute seeking to enforce or protect, or concerning the validity of, any of the Foundation’s Intellectual Property Rights;
  • any Dispute related to, or arising from, claims that the other party has committed piracy;
  • individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis; any claim within the jurisdictional limits of the small claims courts;
  • enforcement actions pursued through a governmental agency if permitted by applicable law;
  • the Foundation’s right to seek injunctive relief to preserve the status quo pending or during an arbitration.

Claims excluded from arbitration under this section are subject to the choice of law, forum selection, and jury waiver clauses set forth in these Terms.

18. Data Analytics

We may collect information from our users through the Platform in order to better understand their needs and usage patterns, which can be used to inform future improvements to the Platform and provide a more personalized experience. Information being collected may include, without limitation, the following:

• Users, pageviews, sessions
• Source (e.g. google, social, direct)
• Time spent on site
• Users info (country, browser language)

19. General

• You understand and agree that the Platform may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to any sanctions or export restrictions (including without limitation, U.S. or UN imposed sanctions or export restrictions) and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive sanctions/embargo (including without limitation, U.S. or UN imposed sanctions or embargoes), unless your use of the Platform in such country or region is authorized by applicable law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. or UN sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. or UN imposed based sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by applicable law.
• The Foundation may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without the Foundation’s prior written consent. Your assignment of these Terms without the Foundation’s prior written consent shall be void.
• The Foundation’s failure to enforce a provision of these Terms shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, the Foundation may choose to waive enforcement of a provision of these Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future.

20. Notices

If to the Foundation:

If to You

All notices given by the Foundation under these Terms shall be given to you either through written notice, email, or website blog post.

• The Foundation shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Foundation, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
• If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
• These Terms, along with the Foundation’s other applicable agreements located on [Insert Link], constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written agreements.
• Any provisions of these Terms that by their construction are intended to survive the termination of such Terms shall survive. This includes, without limitation, Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19.