PRERICH TERMS OF USE

Last Updated: 22 July 2024

Welcome to Prerich website and application (“Prerich”), provided and operated by [Pre Pte. Ltd] (the “Company”, “we”, “our” or “us”). You should carefully read these Terms of Use (the “Terms”) before accessing or using Prerich.

Thank you for your interest in the Prerich application, and the informational and social features, functionalities and content (collectively, the “Content”) made available therein that is provided either by the Company or by the Company’s suppliers, licensors, users or partners (collectively “Licensors”). The Prerich application, together with the Content found therein, shall be henceforth referred to herein as the “Platform”. These Terms (i) sets 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 Company as set forth below; and (iii) constitute a legally binding agreement between us and you and/or the entity you represent.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.

All access to and use of the Platform is subject to these Terms, our Privacy Policy (accessible at [www.prerich.com/Privacy Policy]) and where applicable, the additional terms that apply to the particular Content (collectively, the “Complete Terms”). The Complete Terms are hereby incorporated into these Terms by reference (with these Terms controlling any conflicting terms) and 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.

In order to use this 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 activities or Features (as defined below) available 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, your parent or legal guardian must consent to this agreement; 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 BVI government, 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.

THESE TERMS CONTAINS 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 COMPANY AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE SET OF TERMS, INCLUDING THAT PROVISION, CAREFULLY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.

In order to use this 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 activities or Features (as defined below) available 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, your parent or legal guardian must consent to this agreement; 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 BVI government, 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.

1. Access and Use of the Platform

The Platform utilizes various technologies (including without limitation, blockchain and decentralized technologies such as the Solana blockchain) to enable you to perform the following activities through the Platform:

participate in chat groups, forums, threads and other social interaction activities (collectively, the “Social Features”) with other users of the Platform (each a “User”);
store locally on their own devices, tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets");
create, access and utilise a Digital Asset wallet to the Platform;
view aggregated information and data relating to Digital Assets;
access or use decentralized applications, including, without limitation, decentralized exchanges (collectively "Dapp(s)");
access or use third party Dapps such as third party decentralised exchanges where you may be permitted to swap or exchange assets on a peer-to-peer basis (each a "Third Party Swapping Functionality"). For avoidance of doubt, such Third Party Swapping Functionalities are not operated or managed by us; and
such other features and functionalities that may be added to the Platform from time to time,

collectively, the “Features”. More details on such Features can be found in Section 2 below.

To access and use the Platform, you will be required to either (i) log in with your Google Account; or (ii) create an account with your 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:
1. When you log in with your Google Account, your use of your Google Account is at your own risk, and subject to Google’s terms and conditions.
2. 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.
3. The Company 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 Company 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 Company’s policies; (c) to protect the Company’s legal rights and remedies; (d) to protect the health or safety of anyone that the Company believes may be threatened; or (e) to report a crime or other offensive behavior.
4. 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 Company may suspend or block your User Account’s access to the Platform.
5. 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 Company will be unable to remedy any issues that arise and the Company will not be responsible or liable for the same.
6. The Company 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.
7. The Company cannot and 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 Company 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 3 below, as follows:
1. You may access and use applicable Features available on the Platform on one or more computers or mobile devices under your legitimate 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 Features 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 6 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 Feature or Content made available therein, you represent, warrant and covenant that:
1. You will not provide any false, inaccurate or misleading information while using the Platform, or any Feature or Content available thereon, or engage in any activity that operates to defraud the Company, other Users, or any other person or entity;
2. You will not use the Platform or any Feature to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
3. Any Digital Assets you use in connection with the Platform or any Feature are either owned by you or you are validly authorized to carry out actions using such assets; and
4. You access and use the Platform (including any Feature or Content available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary.

participate in chat groups, forums, threads and other social interaction activities (collectively, the “Social Features”) with other users of the Platform (each a “User”);
store locally on their own devices, tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets");
create, access and utilise a Digital Asset wallet to the Platform;
view aggregated information and data relating to Digital Assets;
access or use decentralized applications, including, without limitation, decentralized exchanges (collectively "Dapp(s)");
access or use third party Dapps such as third party decentralised exchanges where you may be permitted to swap or exchange assets on a peer-to-peer basis (each a "Third Party Swapping Functionality"). For avoidance of doubt, such Third Party Swapping Functionalities are not operated or managed by us; and
such other features and functionalities that may be added to the Platform from time to time,

collectively, the “Features”. More details on such Features can be found in Section 2 below.

To access and use the Platform, you will be required to either (i) log in with your Google Account; or (ii) create an account with your 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:
1. When you log in with your Google Account, your use of your Google Account is at your own risk, and subject to Google’s terms and conditions.
2. 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.
3. The Company 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 Company 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 Company’s policies; (c) to protect the Company’s legal rights and remedies; (d) to protect the health or safety of anyone that the Company believes may be threatened; or (e) to report a crime or other offensive behavior.
4. 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 Company may suspend or block your User Account’s access to the Platform.
5. 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 Company will be unable to remedy any issues that arise and the Company will not be responsible or liable for the same.
6. The Company 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.
7. The Company cannot and 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 Company 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 3 below, as follows:
1. You may access and use applicable Features available on the Platform on one or more computers or mobile devices under your legitimate 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 Features 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 6 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 Feature or Content made available therein, you represent, warrant and covenant that:
1. You will not provide any false, inaccurate or misleading information while using the Platform, or any Feature or Content available thereon, or engage in any activity that operates to defraud the Company, other Users, or any other person or entity;
2. You will not use the Platform or any Feature to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
3. Any Digital Assets you use in connection with the Platform or any Feature are either owned by you or you are validly authorized to carry out actions using such assets; and
4. You access and use the Platform (including any Feature or Content available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary.

participate in chat groups, forums, threads and other social interaction activities (collectively, the “Social Features”) with other users of the Platform (each a “User”);
store locally on their own devices, tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets");
create, access and utilise a Digital Asset wallet to the Platform;
view aggregated information and data relating to Digital Assets;
access or use decentralized applications, including, without limitation, decentralized exchanges (collectively "Dapp(s)");
access or use third party Dapps such as third party decentralised exchanges where you may be permitted to swap or exchange assets on a peer-to-peer basis (each a "Third Party Swapping Functionality"). For avoidance of doubt, such Third Party Swapping Functionalities are not operated or managed by us; and
such other features and functionalities that may be added to the Platform from time to time,

collectively, the “Features”. More details on such Features can be found in Section 2 below.

To access and use the Platform, you will be required to either (i) log in with your Google Account; or (ii) create an account with your 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:
1. When you log in with your Google Account, your use of your Google Account is at your own risk, and subject to Google’s terms and conditions.
2. 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.
3. The Company 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 Company 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 Company’s policies; (c) to protect the Company’s legal rights and remedies; (d) to protect the health or safety of anyone that the Company believes may be threatened; or (e) to report a crime or other offensive behavior.
4. 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 Company may suspend or block your User Account’s access to the Platform.
5. 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 Company will be unable to remedy any issues that arise and the Company will not be responsible or liable for the same.
6. The Company 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.
7. The Company cannot and 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 Company 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 3 below, as follows:
1. You may access and use applicable Features available on the Platform on one or more computers or mobile devices under your legitimate 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 Features 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 6 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 Feature or Content made available therein, you represent, warrant and covenant that:
1. You will not provide any false, inaccurate or misleading information while using the Platform, or any Feature or Content available thereon, or engage in any activity that operates to defraud the Company, other Users, or any other person or entity;
2. You will not use the Platform or any Feature to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
3. Any Digital Assets you use in connection with the Platform or any Feature are either owned by you or you are validly authorized to carry out actions using such assets; and
4. You access and use the Platform (including any Feature or Content available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary.

2. Platform Features

Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform. As part of this process, the Company 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.

Social Features. We may make available Social Features that allow you to communicate with other Users within the Platform. In the event that you wish to utilise such Social Features, 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 Features to post, chat, send or communicate their views, thoughts, articles, and opinions regarding any subject matter (including without limitation, views and opinions on any Digital Assets, the state of the Digital Asset market 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. You should not rely on any User Opinion in making any decisions to use any Feature or in respect of any Digital Asset. You should consult with your own counsel and advisers as to all legal, tax, regulatory, financial and related matters concerning any Digital Asset. Nothing on the Platform (including without limitation any Feature, any Content or any information relating to Digital Assets) constitutes an offer (or solicitation of an offer) to buy or sell any Digital Asset, or to participate in any particular trading strategy.

Conduct. You shall ensure that your actions, conduct and behaviour (including without limitation, your use of the Social Features) comply with and abide by all the rules and guidelines imposed by the Company and/or its Third Party Providers. The Company may suspend or block your access to the Platform (or any Feature or part thereof) in the event that you violate or fail to comply with any of such rules and guidelines. For the avoidance of doubt, although we may suspend or block your access or use of the Platform and its Features, we will not block or stop you from accessing your Digital Wallet or the Digital Assets stored thereon, unless legally required to do so by any applicable laws or regulatory, court or governmental order.

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 Digital Wallet address and the transactions and activities you conduct through that Digital Wallet address, may be publicly available and viewable on the blockchain. The Company and/or its Third Party Providers will not be liable or responsible for any disclosure of your real and actual identity by you within the Platform, or any loss, damage or harm arising as a result of such disclosure.

User Created or Uploaded Content. The Platform may provide you an opportunity to upload and display content (including without limitation images, text, messages, data, information, videos, voice and sound recordings) on the Platform, such as on the Social Features and/or as part of the Platform, including the compilation, arrangement or display of such content (collectively, the “User Content”). You retain ownership over your User Content but you hereby grant the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use for any purpose whatsoever (whether commercial or otherwise) the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, 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 User Content 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 User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company 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 Company. 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. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights or proprietary rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. The Company may remove or delete any User Content and any related content or elements from the Platform at its sole discretion (including without limitation, where the Company believes that any User Content is in violation of these Terms of Use). The Company does not guarantee that it will retain or store any User Content, and the Company shall not be liable or responsible to you or any third party for any inability to access or retrieve your User Content arising from any reason whatsoever (including without limitation, any loss, removal or deletion of User Content). You are solely responsible for retaining backups or copies of your own User Content. You are solely responsible for ensuring that any User Content you submit or upload to the Platform comply 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 User Content may be used in accordance with our Privacy Policy. The Company always has the right, in its sole discretion, to accept or reject any User Content.

Digital Wallet. You may use the Platform to create a Digital Wallet. Kindly note that Digital Wallets are provided by Third Party Providers, and subject to such Third Party Providers’ terms and conditions. The Company 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:
1. the Company 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.

Digital Asset Information. Information relating to Digital Assets (including but not limited to supply, volume, trends and/or value of such Digital Assets) made available on or through the Platform are obtained and/or sourced from external sources managed by Third Party Providers and has not been independently verified by the Company. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness or completeness of the information made available on this Platform, and is provided only for educational and general information purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, the information relating to Digital Assets.

Third Party Swapping Functionality. The Third Party Swapping Functionality feature is provided via decentralised exchanges and/or Dapps operated and managed by Third Party Providers, and may be subject to such Third Party Provider’s terms and conditions. You understand and agree that the use of the Third Party Swapping Functionality is at your sole risk, and that the Company is not responsible or liable for any such use of the Third Party Swapping Functionality by you. In particular:
1. you understand and agree that swap rates and prices are estimates only, and that they may change at any time, and may differ from the information relating to the Digital Assets available on this Platform or information found elsewhere. Accordingly, the prices or swap rates provided via the Third Party Swapping Functionality interface, are estimates only and may be inaccurate. The Company may not be held liable for, and you hereby forever release the Company from, any losses or other liabilities arising from an inaccurate estimate of fees provided in connection with any use of any of the Third Party Swapping Functionality; and
2. you understand and agree that the Company shall not be liable or responsible for any delay, error, inoperability or failure of the Third Party Swapping Functionality to perform any transactions or activities initiated by you.

Feature Progress. From time to time, the Company may provide points, challenges or other features that track your progress or record your activity and profile on the Platform ("Progress Tracking”). 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 Company shall not be liable or responsible to you or any third party in the event that your Progress Tracking is reset, unsaved or lost.

Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform. As part of this process, the Company 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.

Social Features. We may make available Social Features that allow you to communicate with other Users within the Platform. In the event that you wish to utilise such Social Features, 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 Features to post, chat, send or communicate their views, thoughts, articles, and opinions regarding any subject matter (including without limitation, views and opinions on any Digital Assets, the state of the Digital Asset market 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. You should not rely on any User Opinion in making any decisions to use any Feature or in respect of any Digital Asset. You should consult with your own counsel and advisers as to all legal, tax, regulatory, financial and related matters concerning any Digital Asset. Nothing on the Platform (including without limitation any Feature, any Content or any information relating to Digital Assets) constitutes an offer (or solicitation of an offer) to buy or sell any Digital Asset, or to participate in any particular trading strategy.

Conduct. You shall ensure that your actions, conduct and behaviour (including without limitation, your use of the Social Features) comply with and abide by all the rules and guidelines imposed by the Company and/or its Third Party Providers. The Company may suspend or block your access to the Platform (or any Feature or part thereof) in the event that you violate or fail to comply with any of such rules and guidelines. For the avoidance of doubt, although we may suspend or block your access or use of the Platform and its Features, we will not block or stop you from accessing your Digital Wallet or the Digital Assets stored thereon, unless legally required to do so by any applicable laws or regulatory, court or governmental order.

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 Digital Wallet address and the transactions and activities you conduct through that Digital Wallet address, may be publicly available and viewable on the blockchain. The Company and/or its Third Party Providers will not be liable or responsible for any disclosure of your real and actual identity by you within the Platform, or any loss, damage or harm arising as a result of such disclosure.

User Created or Uploaded Content. The Platform may provide you an opportunity to upload and display content (including without limitation images, text, messages, data, information, videos, voice and sound recordings) on the Platform, such as on the Social Features and/or as part of the Platform, including the compilation, arrangement or display of such content (collectively, the “User Content”). You retain ownership over your User Content but you hereby grant the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use for any purpose whatsoever (whether commercial or otherwise) the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, 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 User Content 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 User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company 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 Company. 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. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights or proprietary rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. The Company may remove or delete any User Content and any related content or elements from the Platform at its sole discretion (including without limitation, where the Company believes that any User Content is in violation of these Terms of Use). The Company does not guarantee that it will retain or store any User Content, and the Company shall not be liable or responsible to you or any third party for any inability to access or retrieve your User Content arising from any reason whatsoever (including without limitation, any loss, removal or deletion of User Content). You are solely responsible for retaining backups or copies of your own User Content. You are solely responsible for ensuring that any User Content you submit or upload to the Platform comply 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 User Content may be used in accordance with our Privacy Policy. The Company always has the right, in its sole discretion, to accept or reject any User Content.

Digital Wallet. You may use the Platform to create a Digital Wallet. Kindly note that Digital Wallets are provided by Third Party Providers, and subject to such Third Party Providers’ terms and conditions. The Company 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:
1. the Company 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.

Digital Asset Information. Information relating to Digital Assets (including but not limited to supply, volume, trends and/or value of such Digital Assets) made available on or through the Platform are obtained and/or sourced from external sources managed by Third Party Providers and has not been independently verified by the Company. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness or completeness of the information made available on this Platform, and is provided only for educational and general information purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, the information relating to Digital Assets.

Third Party Swapping Functionality. The Third Party Swapping Functionality feature is provided via decentralised exchanges and/or Dapps operated and managed by Third Party Providers, and may be subject to such Third Party Provider’s terms and conditions. You understand and agree that the use of the Third Party Swapping Functionality is at your sole risk, and that the Company is not responsible or liable for any such use of the Third Party Swapping Functionality by you. In particular:
1. you understand and agree that swap rates and prices are estimates only, and that they may change at any time, and may differ from the information relating to the Digital Assets available on this Platform or information found elsewhere. Accordingly, the prices or swap rates provided via the Third Party Swapping Functionality interface, are estimates only and may be inaccurate. The Company may not be held liable for, and you hereby forever release the Company from, any losses or other liabilities arising from an inaccurate estimate of fees provided in connection with any use of any of the Third Party Swapping Functionality; and
2. you understand and agree that the Company shall not be liable or responsible for any delay, error, inoperability or failure of the Third Party Swapping Functionality to perform any transactions or activities initiated by you.

Feature Progress. From time to time, the Company may provide points, challenges or other features that track your progress or record your activity and profile on the Platform ("Progress Tracking”). 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 Company shall not be liable or responsible to you or any third party in the event that your Progress Tracking is reset, unsaved or lost.

Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform. As part of this process, the Company 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.

Social Features. We may make available Social Features that allow you to communicate with other Users within the Platform. In the event that you wish to utilise such Social Features, 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 Features to post, chat, send or communicate their views, thoughts, articles, and opinions regarding any subject matter (including without limitation, views and opinions on any Digital Assets, the state of the Digital Asset market 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. You should not rely on any User Opinion in making any decisions to use any Feature or in respect of any Digital Asset. You should consult with your own counsel and advisers as to all legal, tax, regulatory, financial and related matters concerning any Digital Asset. Nothing on the Platform (including without limitation any Feature, any Content or any information relating to Digital Assets) constitutes an offer (or solicitation of an offer) to buy or sell any Digital Asset, or to participate in any particular trading strategy.

Conduct. You shall ensure that your actions, conduct and behaviour (including without limitation, your use of the Social Features) comply with and abide by all the rules and guidelines imposed by the Company and/or its Third Party Providers. The Company may suspend or block your access to the Platform (or any Feature or part thereof) in the event that you violate or fail to comply with any of such rules and guidelines. For the avoidance of doubt, although we may suspend or block your access or use of the Platform and its Features, we will not block or stop you from accessing your Digital Wallet or the Digital Assets stored thereon, unless legally required to do so by any applicable laws or regulatory, court or governmental order.

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 Digital Wallet address and the transactions and activities you conduct through that Digital Wallet address, may be publicly available and viewable on the blockchain. The Company and/or its Third Party Providers will not be liable or responsible for any disclosure of your real and actual identity by you within the Platform, or any loss, damage or harm arising as a result of such disclosure.

User Created or Uploaded Content. The Platform may provide you an opportunity to upload and display content (including without limitation images, text, messages, data, information, videos, voice and sound recordings) on the Platform, such as on the Social Features and/or as part of the Platform, including the compilation, arrangement or display of such content (collectively, the “User Content”). You retain ownership over your User Content but you hereby grant the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use for any purpose whatsoever (whether commercial or otherwise) the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, 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 User Content 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 User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company 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 Company. 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. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights or proprietary rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. The Company may remove or delete any User Content and any related content or elements from the Platform at its sole discretion (including without limitation, where the Company believes that any User Content is in violation of these Terms of Use). The Company does not guarantee that it will retain or store any User Content, and the Company shall not be liable or responsible to you or any third party for any inability to access or retrieve your User Content arising from any reason whatsoever (including without limitation, any loss, removal or deletion of User Content). You are solely responsible for retaining backups or copies of your own User Content. You are solely responsible for ensuring that any User Content you submit or upload to the Platform comply 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 User Content may be used in accordance with our Privacy Policy. The Company always has the right, in its sole discretion, to accept or reject any User Content.

Digital Wallet. You may use the Platform to create a Digital Wallet. Kindly note that Digital Wallets are provided by Third Party Providers, and subject to such Third Party Providers’ terms and conditions. The Company 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:
1. the Company 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.

Digital Asset Information. Information relating to Digital Assets (including but not limited to supply, volume, trends and/or value of such Digital Assets) made available on or through the Platform are obtained and/or sourced from external sources managed by Third Party Providers and has not been independently verified by the Company. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness or completeness of the information made available on this Platform, and is provided only for educational and general information purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, the information relating to Digital Assets.

Third Party Swapping Functionality. The Third Party Swapping Functionality feature is provided via decentralised exchanges and/or Dapps operated and managed by Third Party Providers, and may be subject to such Third Party Provider’s terms and conditions. You understand and agree that the use of the Third Party Swapping Functionality is at your sole risk, and that the Company is not responsible or liable for any such use of the Third Party Swapping Functionality by you. In particular:
1. you understand and agree that swap rates and prices are estimates only, and that they may change at any time, and may differ from the information relating to the Digital Assets available on this Platform or information found elsewhere. Accordingly, the prices or swap rates provided via the Third Party Swapping Functionality interface, are estimates only and may be inaccurate. The Company may not be held liable for, and you hereby forever release the Company from, any losses or other liabilities arising from an inaccurate estimate of fees provided in connection with any use of any of the Third Party Swapping Functionality; and
2. you understand and agree that the Company shall not be liable or responsible for any delay, error, inoperability or failure of the Third Party Swapping Functionality to perform any transactions or activities initiated by you.

Feature Progress. From time to time, the Company may provide points, challenges or other features that track your progress or record your activity and profile on the Platform ("Progress Tracking”). 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 Company shall not be liable or responsible to you or any third party in the event that your Progress Tracking is reset, unsaved or lost.

3. Restrictions on Use of Platform and Features

Restrictions. The Company may suspend or revoke your license to use the Platform, or any Feature, Content, 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 the following:

Unauthorized Derivative Works: Copy or reproduce (except as provided for in Section 1.C above), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform (or any Feature or Content 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 Feature or Content made available therein) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Platform (or any Feature or Content made available therein) at commercial establishments; (ii) using any Feature or Content 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 Feature, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform (or any Feature or Content 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 Feature or Content made available therein), whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
1. exploits; i.e. methods not expressly authorized by the Company (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of any Feature or Content in a manner that is unintended by the Company, including exploits of any bugs in any Feature or Content in the Platform, and thereby granting you and/or any other User an undue and unfair advantage over other Users not using such methods;
2. bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of your User Account or any Feature or Content of the Platform;
3. hacks; i.e. accessing or modifying the software of the Platform (or any Feature or Content made available therein) in any manner not expressly authorized by the Company; and/or
4. any code and/or software, not expressly authorized by the Company, that can be used in connection with the Platform, any Feature, any Content and/or any component or part thereof which changes and/or facilitates the feature 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 Feature or Content made available therein); provided, however, that the Company 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 Feature or Content made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform (or any Feature or Content made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Company.
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform (or any Feature or Content made available therein) or component thereof, or your rights to the Platform (or any Feature or Content 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 Company’s Platform (or any Feature or Content made available therein) in any way, including:
1. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Platform (or any Feature or Content made available therein) or interfering with, disrupting, negatively affecting or inhibiting other Users from enjoying the Platform or any Feature or Content made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Platform, Feature or Content 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.
2. 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.
3. 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 Features or the Platform.
Violation of Laws: Access or Use the Platform or any Feature or Content provided therein 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 British Virgin Islands).
Violation of Proprietary Rights: Use the Platform, any Feature or any Content in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights.
Impersonation. Use the Platform, any Feature or any Content 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 Feature or Content.
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 Feature or Content) 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 Feature or any Content if (i) 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 (ii) you intend to supply the Platform or any Feature 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.

Restrictions. The Company may suspend or revoke your license to use the Platform, or any Feature, Content, 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 the following:

Unauthorized Derivative Works: Copy or reproduce (except as provided for in Section 1.C above), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform (or any Feature or Content 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 Feature or Content made available therein) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Platform (or any Feature or Content made available therein) at commercial establishments; (ii) using any Feature or Content 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 Feature, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform (or any Feature or Content 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 Feature or Content made available therein), whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
1. exploits; i.e. methods not expressly authorized by the Company (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of any Feature or Content in a manner that is unintended by the Company, including exploits of any bugs in any Feature or Content in the Platform, and thereby granting you and/or any other User an undue and unfair advantage over other Users not using such methods;
2. bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of your User Account or any Feature or Content of the Platform;
3. hacks; i.e. accessing or modifying the software of the Platform (or any Feature or Content made available therein) in any manner not expressly authorized by the Company; and/or
4. any code and/or software, not expressly authorized by the Company, that can be used in connection with the Platform, any Feature, any Content and/or any component or part thereof which changes and/or facilitates the feature 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 Feature or Content made available therein); provided, however, that the Company 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 Feature or Content made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform (or any Feature or Content made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Company.
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform (or any Feature or Content made available therein) or component thereof, or your rights to the Platform (or any Feature or Content 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 Company’s Platform (or any Feature or Content made available therein) in any way, including:
1. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Platform (or any Feature or Content made available therein) or interfering with, disrupting, negatively affecting or inhibiting other Users from enjoying the Platform or any Feature or Content made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Platform, Feature or Content 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.
2. 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.
3. 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 Features or the Platform.
Violation of Laws: Access or Use the Platform or any Feature or Content provided therein 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 British Virgin Islands).
Violation of Proprietary Rights: Use the Platform, any Feature or any Content in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights.
Impersonation. Use the Platform, any Feature or any Content 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 Feature or Content.
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 Feature or Content) 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 Feature or any Content if (i) 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 (ii) you intend to supply the Platform or any Feature 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.

Restrictions. The Company may suspend or revoke your license to use the Platform, or any Feature, Content, 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 the following:

Unauthorized Derivative Works: Copy or reproduce (except as provided for in Section 1.C above), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform (or any Feature or Content 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 Feature or Content made available therein) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Platform (or any Feature or Content made available therein) at commercial establishments; (ii) using any Feature or Content 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 Feature, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform (or any Feature or Content 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 Feature or Content made available therein), whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
1. exploits; i.e. methods not expressly authorized by the Company (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of any Feature or Content in a manner that is unintended by the Company, including exploits of any bugs in any Feature or Content in the Platform, and thereby granting you and/or any other User an undue and unfair advantage over other Users not using such methods;
2. bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of your User Account or any Feature or Content of the Platform;
3. hacks; i.e. accessing or modifying the software of the Platform (or any Feature or Content made available therein) in any manner not expressly authorized by the Company; and/or
4. any code and/or software, not expressly authorized by the Company, that can be used in connection with the Platform, any Feature, any Content and/or any component or part thereof which changes and/or facilitates the feature 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 Feature or Content made available therein); provided, however, that the Company 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 Feature or Content made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform (or any Feature or Content made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Company.
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform (or any Feature or Content made available therein) or component thereof, or your rights to the Platform (or any Feature or Content 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 Company’s Platform (or any Feature or Content made available therein) in any way, including:
1. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Platform (or any Feature or Content made available therein) or interfering with, disrupting, negatively affecting or inhibiting other Users from enjoying the Platform or any Feature or Content made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Platform, Feature or Content 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.
2. 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.
3. 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 Features or the Platform.
Violation of Laws: Access or Use the Platform or any Feature or Content provided therein 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 British Virgin Islands).
Violation of Proprietary Rights: Use the Platform, any Feature or any Content in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights.
Impersonation. Use the Platform, any Feature or any Content 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 Feature or Content.
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 Feature or Content) 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 Feature or any Content if (i) 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 (ii) you intend to supply the Platform or any Feature 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.

4. Payment, Gas Fees and Taxes.

You may be charged fees or charges to access or use some of the Features on the Platform, including fees without limitation:

a Platform fee of 1% (the “Platform Fee”) on all transactions made on or via the Platform (each a “Platform Transaction”). We reserve the right to change or revise the Platform Fee at any time, and any changes or revisions to the Platform Fee 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 Fee, and any Platform Transaction conducted by you after the Platform Fee is revised shall constitute your acceptance of such revised Platform Fee; and
as fees or transaction fees charged on conversion or swaps of Digital Assets carried out via the Third Party Swapping Functionality or other fees or charges imposed by Third Party Providers when you use their Dapps (“Third Party Fees”). Gas fees are paid to the third parties and/or network of computers that operate the 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 Features, you agree to pay any such fees or charges (including the Platform Fee and the Third Party Fee) imposed for the use of such Features.

Although the Company 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 Fee and/or the Third Party Fees), which may vary from the fees or charges actually paid to use the relevant Feature and/or interact with the Solana blockchain or any other network with which the Feature and the Platform are compatible.

Any transactions or payments made through any Feature via the Platform will be processed through the 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 Feature, including, but not limited to, instances where your payment was not properly processed on the Payment Process. 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 purchases 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.

5. Ownership of Intellectual Property.

The Platform and the Features and Content contained therein, including any Prerich Trademarks (defined below), media, web applications, mobile applications, software, 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 “Prerich 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 Company, 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 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. “Prerich Trademarks” means any and all logos, trademarks, service marks, and trade dress associated with the Platform, including the “Prerich” 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, Prerich or the Company.

You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including, without limitation, about how to improve the Platform, the Features or any Content through the email address provided at the end of these Terms (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

6. Third-Party Providers And Services.

When you use the Platform and any Feature and any Content made available thereon, you may also be using the functionality, application, software or service of one or more Third Party Providers. For example, the Third Party Swapping Functionality relies on exchanges 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.

The Platform and any Feature and any Content 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 features, such as the Third Party Swapping Functionality. When using a Dapp, the Third Party Swapping Functionality or other Third-Party Service, you understand that you are at no time transferring your Digital Assets or private keys to us. We provide the Platform (and the Feature and/or Content made available thereon) and access to the Third Party Swapping Functionality and other Third-Party Services 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 Swapping Functionality 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 Swapping Functionality or such linked Third-Party Services, the third parties 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 the Platform and any Feature and any Content made available thereon including any third-party website, applications, or resources. When you click such link, we may not warn you that you have left our Platform.
We may provide experiences on social media platforms 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 platforms and related services. We have no control over such social media platforms or related services, and they are deemed Third-Party Services under these Terms.

Data Protection and Privacy.

In the course of your access and use of the Platform or any Feature, 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 which can be found at [Privacy Policy]. Kindly refer to the Privacy Policy for more information.

Limited Warranty and Disclaimer.

GENERAL:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM AND ANY FEATURE AND ANY CONTENT 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 AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND ANY FEATURE 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 AND ANY FEATURE 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 COMPANY, 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 COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON; THE USE OR THE INABILITY TO USE THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON; ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; 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 AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE PLATFORM AND ANY FEATURE 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 COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM AND THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE ACCURATE, (III) THE PLATFORM AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM AND ANY FEATURE 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 COMPANY, 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 COMPANY, 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 THE SOLANA NETWORK 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 FEATURE AND ANY CONTENT MADE AVAILABLE THEREON, ANY DIGITAL WALLETS OR THE SOLANA NETWORK.

DIGITAL ASSETS RELATED DISCLAIMERS

The Company and the Platform 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 or the Solana network or other applicable blockchain.

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, and the Platform, which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Platform you acknowledge and agree to undertake these risks.
Some parts of the Platform require or allow the use of Digital Assets on the Solana blockchain or other similar blockchain technologies. You acknowledge and agree that such Digital Assets and blockchain technologies and associated assets, and other 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 Solana network or other applicable blockchain. The Company does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets; the Company does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the Company cannot be held liable for changes and fluctuations in value or increased costs.

The Company is a developer and provider of software. The Company is not a broker, 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 Features (including without limitation, the Third Party Swapping Functionality). All transactions between Users are executed and conducted peer-to-peer directly on the Third Party Service via the Solana (or other network) addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the Features, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission ("SEC"), the Securities and Futures Act and the Payment Services Oversight Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Features.

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 Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Solana network or other applicable blockchain for processing transactions, however caused.

You acknowledge and agree that the Platform, and the Features 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 and/or the Features 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. You further expressly acknowledge and agree that the Digital Assets, and Solana network applications or other blockchain applications can be written maliciously or negligently, that the Company 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 Company in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Platform or any Feature or Content made available thereon.

Any and all information provided in connection with your access and use of the Platform (or any Feature or Content made available thereon), including without limitation any User Content or User Opinion, 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 on any information contained on the Platform (or any Feature 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 Platform (or any Feature 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).

Limitations of Liability

To the fullest extent allowed by applicable law, the Company, its parent, subsidiaries, Third Party Providers and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform (or any Feature or Content made available thereon). The Company liability shall never exceed the total Platform Fees paid by you to the Company during the six (6) months prior to your making a claim against the Company, or USD$100, whichever is lower, unless applicable law explicitly disallows this limitation, in which case the Company’s liability shall be limited to the fullest extent permitted by applicable law.

Indemnity

You hereby agree to defend and indemnify the Company, its parent, subsidiaries, Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Company arising out of or from any violation by you of these Terms or your misuse of the Platform (or any Feature or Content made available thereon).

Equitable Remedies

You agree that the Company would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Company 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 Company will not limit its ability to receive remedies that are otherwise available to the Company under applicable laws.

Amendments and Variations

Alterations to the Terms.

The Company’s Rights. The Company 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 Company of a Dispute. If you do not wish to be bound by a New Terms, you must immediately cease using the Platform and all Features and Contents made available thereon. Your continued use of the Platform, and/or any Feature or Content made available thereon after the Company has published any New Terms constitutes acceptance by you of the New Terms.

Alterations to the Platform. The Company 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 Company may also impose limits on certain features or restrict your access to parts or all of the Platform or any Feature or Content made available thereon without notice or liability.
The Company has no continuing obligation to operate the Platform (or any Feature or Content made available thereon) and may cease to operate one or more of the Feature or Content in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.

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 Company 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 Company 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 these Terms, 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). In addition, you will not be able to use the Platform. 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.

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 Company 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 Company that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Platform (including any Feature or Content made available thereon), and all marketing related to them, any licensed content, and all matters arising under these Terms, the Company’s Privacy Policy, or any other agreement between you and the Company, 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 Company agree to first attempt to negotiate any Dispute (except as set out in Section 14.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 Company 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 Company at admin@prerich.com.

BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Company, containing all of the information referenced above, and your good-faith participation in the Informal Negotiation Period, are prerequisites to commencing arbitration.

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved in Singapore by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitral proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The arbitration award shall be final and binding on the Parties. 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 Company 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 Company by other individuals or entities unless the Company 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 Company respecting any person other than you.

CLASS AND COLLECTIVE ACTION WAIVER. To the fullest extent allowed by applicable law, you and the Company agree that neither you nor the Company 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 Republic of Singapore without regard to choice of law principles. 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 Company 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 Company’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 Company’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.

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)

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 Company 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 Company’s prior written consent. Your assignment of these Terms without the Company’s prior written consent shall be void.

The Company’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 Company’s 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.
Notices.

If to the Company:

admin@prerich.com

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

The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, 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 Company’s other applicable agreements located on [Privacy Policy], constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Any provisions of these Terms that by its construction are intended to survive the termination of such Terms shall survive. This includes, without limitations, Sections 3, 5, 6, 7, 8, 9, 10, 11, 14.

Last Updated: XX July 2024

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PRERICH TERMS OF USE

1. Access and Use of the Platform

1. Access and Use of the Platform

2. Platform Features

3. Restrictions on Use of Platform and Features

3. Restrictions on Use of Platform and Features

4. Payment, Gas Fees and Taxes.

4. Payment, Gas Fees and Taxes.

5. Ownership of Intellectual Property.

5. Ownership of Intellectual Property.

6. Third-Party Providers And Services.

6. Third-Party Providers And Services.

Data Protection and Privacy.

Limited Warranty and Disclaimer.

Limitations of Liability

Indemnity

Equitable Remedies

Amendments and Variations

Term and Termination

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

Data Analytics

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