Last Updated: May 23, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE TERMS AND CONDITIONS INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND CLASS ACTION WAIVER.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
- These Terms and Conditions (the “Terms”) are a binding legal agreement between you ("you," "your" or "User") and SelfKey DAO ("SelfKey DAO,” "we," "us," or "our"). The Terms govern your access to and use of the SELFKEY.ORG website and any software, tools, protocols, smart contracts, features, or functionalities provided on or associated with the SELFKEY.ORG website (including mobile and desktop apps, if available), if otherwise not specified in these Terms (collectively, the “WebApp,” the “Service,” or “Services”).
- If you agree to the Terms on behalf of a business organization, you represent and warrant that you have the authority to legally bind such business organization, and you further agree that you are binding both you and the business organization to the Terms. In such a case, "you," "your," or "User" will refer to and apply both to you and the business organization.
YOU HEREBY AGREE TO THE IMMEDIATE PROVISION OF THE SERVICES, AND YOU HAVE BEEN INFORMED THAT YOU HEREBY LOSE THE RIGHT OF WITHDRAWAL AND/OR THE RIGHT TO REQUEST THE RETURN, INCLUDING THE RETURN OF ANY TOKENS
2. ACCESS AND USE OF SERVICES
- To access and use the Service, you may be obliged to pass the identification, verification, and/or other checks (together the “Check”) to be carried out by a third party (“Credential Issuer” or “Certifier”). For this purpose, a Credential Issuer may require you to provide information and documents which shall be true, accurate, and complete.
- For passing the Check, you will be directed to a Credential Issuer’s website for the completion of all necessary identification and/or verification procedures. The respective Credential Issuer, not SelfKey DAO, bears the responsibility for the Check (if any). Any information you provide may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business. You authorize such Credential Issuer to make any inquiries necessary to validate your identity and other information within the scope of your request, subject to applicable law.
- SELFKEY DAO may impose on you a fee for the Check in the amount specified in the WebApp. You acknowledge and agree that all information you provide with regard to fee payment is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide and the payment type SELFKEY.ORG requires (including payment with cryptocurrency, if applicable). The Check may not be processed until payment has been received in full. You agree to pay the fee for the Check, including any required gas fees, and all applicable taxes. SELFKEY DAO does not guarantee a particular result of the Check and does not provide refunds for any payments irrespectively of the outcomes of the Check and irrespectively of whether the Check is carried out and to what extent.
- To access and use certain portions of SELFKEY.ORG, you may be asked to register an Account. Certain portions of WebApp may be available to visitors, subject to these Terms, including those portions before your Account registration is accepted. We reserve the right to decline a registration or to add an Account of any type for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
You hereby represent and warrant that:
- you provided all information and documents for the application of your Credential in good faith, and you have not taken any actions to receive your Credential through deceit, such as by providing false statements or documentation, by omitting significant information, or by masking or otherwise misrepresenting where you are physically located;
- you can only register one Account on SELFKEY.ORG. If we have a reasonable suspicion that you have opened multiple Accounts on SELFKEY.ORG, we reserve the right to take whatever action we deem appropriate, including but not limited to closing and/or freezing your Accounts;
- if you are an individual, you reached the age of majority, and you can enter into legally binding contracts in the jurisdictions: (1) in which you reside and (2) in which you access or use the Services (collectively, "Your Jurisdictions");
- you are permitted by the laws and regulations of Your Jurisdictions to acquire, receive, transfer, hold, or control cryptocurrencies, cryptographic tokens, and digital assets;
- you are entirely responsible for compliance with all laws, regulations, decrees, treaties, and administrative acts applicable to Your Jurisdictions, including, but not limited to, export and import regulations, money service business regulations, financial services regulations, and sanctions programs;
- you are sufficiently experienced with the function and use of digital assets, and you are sufficiently sophisticated with regard to distributed ledger technologies, in general, to be able to safeguard yourself from the risk of loss associated with them; and
- you understand and agree that access to your Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Account to any person without our prior written permission.
By your application to use the Services, you expressly grant Credential Issuers the right:
- to verify and cross-reference your identity, residency, and other information using your Personal Data, public databases, governmental or agency lists, or using identify-proofing methods, such as document forensics or biometrics; and
If SELFKEY DAO, in its sole discretion, decides that you pass the Check:
- we may implement the credentials system, under which you may receive a “Credential” (a digital assertion about your various attribute(s) containing a set of claims made by you and checked by Company);
- we may propose particular features of the Services conditioned upon holding valid Credential granting the access;
- you may receive access to the account (the “Account”), if any, and you may be able to complete a User profile, which may be shown to other Users of the Services. You further agree to update your information and/or documents to maintain their truthfulness, accuracy, and completeness;
- WebApp may allow you to generate your SoulBound Token - a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to be associated with your credentials verified during the Check (“SoulBound Token”, included in the general term “NFT” here). For the purposes of these Terms, SoulBound Token is not a medium of exchange and is not convertible virtual currency; SoulBound NTF is non-tradable and generated with no investment or speculative purposes; peculiarities of your SoulBound Token are determined by WebApp;
- you acknowledge and agree that there is no guarantee that you will receive a Credential, and by extension, the NFT, if you apply for it; we make no representations or warranties regarding the results of applying for a Credential or the process of trying to obtain one; and
- you may receive other credentials representing the completion of your Check depending on the functionality of the Services.
- SELFKEY DAO and Credential Issuers may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, SELFKEY DAO, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by WebApp and/or Credential Issuers. If you do not provide complete and accurate information in response to such a request, SELFKEY DAO may refuse to restore your access to the Service.
- If no changes are introduced by us, you may connect your Ethereum address to WebApp (through Metamask or another wallet integration, if any) to access the Services. Your ID on the Ethereum blockchain network may serve as a unique identifier that allows your verified data to be referenced on the Ethereum blockchain network. Because it is stored on the Ethereum blockchain network, you agree and understand that the unique identifier will be public and immutable. We cannot guarantee that your unique identifier may not be able to be referenced back to you, and, further, your data on the WebApp could not be compromised. You understand and agree that your ID on the Ethereum blockchain and any data associated with the WebApp are not guaranteed to be anonymous or fully secure.
- SELFKEY DAO reserves the right to prohibit/limit your access to the Services, decline registration of an Account, or terminate an existing Account, for any lawful reason, including supply and demand, cost to maintain data or other business considerations. Without limiting the generality of the foregoing, you agree that SELFKEY DAO has the right to immediately suspend your account, pause or cancel your access to the Services, or close your Account if we suspect, in our sole discretion, that (1) your Account is being used for any illegal activity; (2) you have concealed or provided false identification information or other details; (3) you have engaged in fraudulent activity; (4) you are using, employing, or operating bots or other forms of automation and/or multiple Accounts to engage in any activity; or (5) you have otherwise acted in violation of these Terms. SELFKEY DAO discloses the outcomes of the Check and/or reasons for Account termination to you at its sole discretion.
- Your access and use of the Service may also be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, or other actions that SELFKEY DAO, in its sole discretion, may elect to take. We reserve the right to disassociate or otherwise invalidate any Credential and/or NFT in our sole discretion without any further obligation or liability to you.
3. SELF TOKEN PROGRAM
- The Terms apply to the SELF Token Program (the "Program") under which you may be eligible to receive and/or mint an ERC20 cryptographic work token called "SELF” (for the purposes of these Terms, the “Program” is included in the term “Services”). In these Terms, a SELF holder is called a “Holder” (each Holder is a “User” for these Terms).
THE SELFKEY.ORG WEBSITE PROVIDES INFORMATION ABOUT THE FUNDAMENTALS OF THE PROGRAM, WHICH MAY INCLUDE A DECENTRALIZED, COMMUNITY-GOVERNED PROTOCOL DEPLOYED ON A BLOCKCHAIN NETWORK, AND PROVIDES BASIC INFORMATION ABOUT THE SELFKEY.ORG. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED ON THE SELFKEY.ORG WEBSITE OR ANY OTHER INFORMATION WE MAKE AVAILABLE AT ANY TIME BEFORE YOU MAKE ANY FINANCIAL, LEGAL, TECHNICAL, OR OTHER DECISIONS INVOLVING THE PROGRAM, YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE FROM A LICENSED AND QUALIFIED INDIVIDUAL IN THE AREA FOR WHICH SUCH ADVICE WOULD BE APPROPRIATE.
- If no changes are introduced by us, through the SELFKEY.ORG website, you may participate in the Program and work for SELF Tokens and other awards (if any). The WebApp may utilize multiple smart contracts that calculate the number of SELF Tokens and awards you may be eligible to generate under the Program (if any).
- The WebApp may allow you (or require you) to stake (lock up) SELF or other tokens to support your Credential(s), strengthen the system, and/or be eligible for particular Program rewards. By staking, you accept the terms of having that stake slashed if your identity is challenged successfully by our system. The slashing may be activated or deactivated. The staking function may or may not have a time lock. If the staked amount is withdrawn before the time lock expires, the contract may take a particular percentage from the staked amount as a penalty. Withdrawing your stake will stop any future generation of SELF and may have other consequences in the future. The staking does not guarantee and is not designed for any financial income. The sole purpose of staking is to secure your Credential. Staking feature isn't like traditional staking you might find in other crypto projects. It's a mechanism designed with the main objective of strengthening ecosystem and supporting the digital identities of users.
- We may issue, update, change, replace or cancel SELF Token economic models. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications.
- The Program may include SELF token airdrops (the “Airdrops”). We may solely set out and modify any peculiarities of the Airdrops, including the eligibility criteria, the duration, the number of tokens allocated, the anti-fraud measures, and the distribution method or the allocation of tokens. We reserve the right to modify, suspend, or terminate the Airdrop at any time, for any reason, without prior notice. By participating in the Airdrop, you agree that we and SELFKEY DAO Parties (as they are defined in these Terms) shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or in connection with your participation in the Airdrop or the use or inability to use the SELF Tokens. We make no representations or warranties, express or implied, regarding the Airdrop, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising from the course of dealing or usage of trade. You agree to indemnify, defend, and hold harmless SELFKEY DAO and SELFKEY DAO Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your participation in the Airdrop.
4. INTERACTION BETWEEN USER, CREDENTIAL ISSUER AND RELYING PARTY
- Using the Services, you may be able to apply to receive a Credential from a Credential Issuer (the “Credential Issuer’s Services”).
- If a Credential Issuer can confirm your identity, but your Personal Data does not pass the check against particular requirements (depending on the set of claims you want to associate with your Credential), a Credential Issuer will not issue you a Credential. A Credential Issuer will not write anything to your address on the Ethereum platform (“Address,” or “Ethereum address”), and a Credential Issuer will not otherwise directly record anything on-chain that you did not receive a Credential. You will not be entitled to a refund of the fee.
- If a Credential Issuer cannot process or finish your application for any reason, then your application will be canceled as undetermined. This may occur for a variety of reasons, including 1) a Credential Issuer is unable to confirm your identity; 2) there are technical problems with the Services or Credential Issuer’s services, systems, or the Ethereum protocol; or 3) there are logistical issues with our or Credential Issuer’s processes. If your application is canceled, a Credential Issuer will not write anything to your Address, and a Credential Issuer will not otherwise directly record anything on-chain regarding your application status.
- We provide the WebApp to enable Users, Credential Issuers and “依賴方” (those who rely on Credentials) to find and transact directly with each other. We do not find or recommend Credential Issuers and Relying Parties to Users, and we do not find or recommend Users for Certifiers and Relying Parties. Through the WebApp, Credential Issuers and Relying Parties may be notified of Users that may be seeking the services they offer, and uses may be notified of Credential Issuers and Relying Parties that may offer the services they seek. At all times, however, Users are responsible for evaluating and determining the suitability of any transaction that they may wish to enter into with one another.
- If Users decide to enter into transactions, they will enter into agreements for products or services ("Product/Service Agreements") that are solely between you and Certifiers or Relying Parties. Such Product/Service Agreements are directly between the Users, and SelfKey DAO is not a party to any Product/Service Agreement.
- If Users are exploring whether to enter into a Product/Service Agreement, such Users have complete discretion both with regard to whether to enter into such Product/Service Agreement and, if they do so, with regard to its terms. Further, after entering into a Product/Service Agreement, Users may enter into any additional written agreements that they deem appropriate (e.g., confidentiality agreements), provided that any such agreements do not conflict with, narrow, or expand SelfKey DAO’s rights and obligations under the Terms of Service.
- SelfKey DAO makes no representations about and does not guarantee, and you agree not to hold SelfKey DAO responsible for (a) the quality, safety, or legality of services or products offered under Product/Service Agreements; (b) the qualifications, background, or identities of Certifiers or Relying Parties offering products or services under Product/Service Agreements; (c) the ability or willingness of Certifiers or Relying Parties to deliver products or services under Product/Service Agreements; or (d) the ability of Certifiers or Relying Parties to pay for services or products under Product/Service Agreements.
- Any information on the WebApp about Certifiers or Relying Parties is not a guarantee or warranty of quality or ability or willingness of Certifiers or Relying Parties to satisfactorily complete a Product/Service Agreement.
- You acknowledge, agree, and understand that:
- SelfKey DAO is not a party to any Product/Service Agreement, nor to the relationship or any dealings between User and Certifier or Relying Party;
- the formation of a Product/Service Agreement will not, under any circumstance, create an employment or other service relationship with SelfKey DAO, nor will it create a partnership or joint venture between SelfKey DAO and any user, Certifier or Relying Party;
- Certifiers and Relying Parties are solely responsible for determining, and have the sole right to determine, which Product/Service Agreements to accept; the time, place, manner, and means of providing any services or products; the type of services or products they provide; the price they charge for their services or products; and how pricing is determined or set;
- you are solely responsible for assessing whether to enter into a Product/Service Agreement and for verifying any information about Certifiers or Relying Parties;
- you are solely responsible for negotiating, agreeing to, and executing any terms or conditions of Product/Service Agreements; and
- you are solely responsible for your obligations under Product/Service Agreements.
5. USER CREDENTIAL
- If you receive a Credential, you understand and agree that:
- a Credential is a certification that it can be reasonably assured that your particular claims are true. It may signify your eligibility to interact or participate in programs that we organize. However, there is no guarantee that your Credential will have any other uses or benefits, or that it will hold any bearing with any other person, organization, or project. Your Credential cannot be used for notarization, authentication or apostille purposes; and
- you understand that losing the private keys to or otherwise losing access to your Address will cause you the loss of your Credentials; the Services are a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. These Terms are not intended to, and do not, create or impose any fiduciary duties on us.
5.3. You understand that laws and regulations regarding "Know-Your-Customer," "Anti-Money Laundering," and "Combating the Financing of Terrorism" are constantly evolving, which affects the Services and Credentials applicability. Changes to these laws and regulations could cause your Credential to no longer be compliant, which may cause us or a Credential Issuer to revoke your Credential.
5.4. Your Credential is revocable. We may revoke your ability to access the Services if we become aware that:
- you have created, or attempted to create, more than one account or eligibility Credential for yourself;
- your account access was granted to you in error, whether an error by us or Credential Issuers or any other type of error, technical or otherwise;
- circumstance has changed that cause your Personal Data upon which your Credential was based to be no longer true or accurate;
- laws or regulations change that cause your Credential to be no longer compliant;
- you attempt to transfer or sell your Credentials; and
- you have breached these Terms.
6. NFT MINTING
- The Services may allow you to mint NFTs under certain conditions specified by us. For example, at our discretion, we may implement the feature under which the rewards for liquidity pool mining (if any) come to Holders in the form of NFTs. SELF’s staking contracts may provide the ability for Users to stake SELF and other supported tokens and mint NFTs in return. NFTs may have features to keep each unique and noteworthy.
- We may allow a particular amount of SELF Tokens to be burned whenever staking tokens or minting NFTs. Burning SELF may be a mandatory step for specific transaction types.
- You are responsible for all payments, fees, and costs when engaging in any transactions involving SELF, other tokens, NFTs, including, without limitation, transaction fees (e.g., “gas” fees) and all other fees associated with your use of the Services or the services of third-party vendors, including but not limited to purchasing, trading and “burning” an NFT and SELF. You also are solely responsible for payment of all national, federal, state, local, or other taxes of any jurisdiction, of whatever nature, whether now in effect or imposed in the future by any national federal, state, local, international, or any other governmental authority or taxing jurisdiction, including, without limitation, any income, sales, use, value-added (VAT), goods and services and other taxes and duties associated with your use of the Services, the services of third-party vendors, and your minting of NFTs from any party. You are solely responsible for any tax reporting for transactions in which you may be a seller of NFTs.
- Users may have the ability to sell their (not SoulBound) NFTs, and other Users may buy them. You may have the limited right to sell or transfer your NFTs on particular marketplaces. We do not monitor or control any marketplace purchases or sales or any other activity beyond that on the SELFKEY.ORG website. NFT resale royalty fees at the amount determined by us may be collected.
- You agree that the NFTs are not and shall not be based upon or redeemable for any tangible or physical item, fractionalized, or capable of use as a coupon, investment, security, or other financial instrument or knowingly marketed in any other manner that would cause transactions to be governed by any applicable securities laws and are not convertible virtual currencies.
7. WALLET PLATFORM
- Through the WebApp you may conduct a number of functions with regard to its integrated wallet platform (the "Wallet Platform"). The Wallet Platform may enable you to manage various digital assets associated with your Account. The Wallet Platform is a software platform only, and you acknowledge and agree that you are solely responsible for the management of your digital assets through this software platform.
- The Wallet Platform may allow you to manage a finite list of select digital assets, and not every digital asset is capable of being managed. We reserve the right to add or remove particular digital assets from the scope of the Wallet Platform at any time without notice. The fact that any specific digital asset is featured within the scope of the Wallet Platform should not be interpreted as any form of endorsement or promotion by us.
- The management of your Digital Assets includes your ability to transfer away your digital assets, or to receive digital assets from others (each such event, a "Transaction"). The choice to enter into Transactions is solely your own, and you acknowledge that we do not offer or undertake to verify the identity of any counterparty with whom you may choose to interact. You shall have sole responsibility for identifying and verifying the counterparties to Transactions that you elect to enter into, and you acknowledge and agree that we shall have no responsibility or liability in connection with any decision by you to enter into a Transaction. We shall have no liability to you in the event that you send digital assets to an unintended recipient.
- If you intend on making a Transaction that is especially important (for example, involving digital assets of a large value or involving a strict deadline), we recommend building in a 24-hour grace period for confirmation of deposits or transfers. If such deposits or transfers seem to fail or are delayed beyond what should be expected due to the current congestion on the network protocol, please contact us immediately at [email protected].
- You acknowledge and agree that we have no ability to control your Transactions in any way, including, without limitation:
- no ability to cancel or reverse any Transaction, or otherwise modify it;
- no ability to speed up, or otherwise reduce any delay with any Transaction;
- no ability to provide final confirmation to any Transaction (which may include a transfer of title or right); and
- no ability to ensure that any goods or services you are purchasing in a Transaction are actually delivered satisfactorily;
- taxes and withholding.
- It is your responsibility to determine what, if any, taxes or withholding obligations apply to the Transactions made using the Wallet Platform, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Transactions in Your Jurisdiction, nor are we responsible for collecting, reporting, withholding or remitting any taxes or other amounts arising from any such Transactions.
Through the WebApp you may access an online marketplace in which you and various service providers can identify each other, advertise, buy, and sell products or services and transact directly (the "Marketplace Platform"). The Marketplace Platform is a software platform only, and you acknowledge and agree that you are solely responsible for your actions and interactions through this software platform. SelfKey DAO does not find or recommend any service providers. Through the Marketplace Platform, service providers may be notified of clients that may be seeking the services they offer, and clients may be notified of service providers that may offer the services they seek. At all times, however, you are responsible for evaluating and determining the suitability of any business transaction that they may wish to enter into with one another. The legal status of the WebApp, determined by these terms, applied to the Marketplace Platform to the fullest extent.
9. ENS SUBDOMAIN FEATURE
- We may implement the Ethereum Name Service ("ENS") features service (the “ENS Service,” included in the term "Service" in these Terms), which allows Users to receive or purchase ENS domains as subdomains to our ENS domain. We may provide a platform for Users to manage and utilize their ENS subdomains, subject to these Terms.
- You are solely responsible for the content associated with your ENS subdomain and any actions taken under your ENS subdomain, including any content or activities that violate applicable laws, regulations, or third-party rights. You agree not to use the ENS Service for any unlawful, fraudulent, or malicious purposes, or to engage in any activities that may interfere with the proper functioning of the Service or harm other Users.
- We reserve the right, in our sole discretion, to terminate your access to the ENS Service, with or without prior notice, if you breach any of these Terms, engage in any activities that may harm the Service or other Users, or for any other reason deemed necessary by us.
- Users acknowledge and agree to their responsibility to review and accept any third-party terms and conditions related to ENS domains (if any).
10. KEY TOKEN
- KEY is an ERC20 cryptographic work token that is in free circulation and is not controlled by us in any way. We disclaim any responsibility in connection with the KEY token.
- The WebApp may utilize the KEY tokens to the extent decided by us, in which case the provisions of these Terms regarding assumption of risks and limitation of liability will apply to KEY tokens and their holders.
11. USER REPRESENTATIONS AND WARRANTIES
Regarding your Credentials, you hereby represent and warrant that:
- you understand that your Credentials may not grant you any benefits;
- you shall not transfer access to your Credentials to third parties;
- you understand that any earnings under the Program, including SELF, must be transferred to the Ethereum address associated with your Credential. It may not be possible to make any changes to this address after your Credential has been issued; and
- you understand that losing your Credential may cause you loss of the SELF. Loss of your Credentials could come as a result of (1) losing the private keys to or otherwise losing access to the Ethereum address associated with your Credentials, (2) having your Credentials revoked, or (3) losing access to your Credentials due to a malicious "hacker" or due to malfunctioning software.
Regarding SELF Tokens and NFTs, you hereby represent and warrant that:
- you are permitted by the laws of your jurisdiction to acquire, receive, stake, hold and do any other actions with cryptographic tokens;
- you understand that holding SELF and NFT does not grant you any specific rights or benefits;
- you understand that SELF Tokens and NFT are not redeemable, and there are no substitutions or cash equivalents; SELF Token and NFT cannot be exchanged for cash or any payment obligation by us; SELF Token and NFT do not have any tangible or physical manifestation; SELF Token and NFT are not intended to be a representation of money (including electronic money), security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment;
- you understand that SELF Tokens and NFTs do not grant you economic benefits of any type, such as any right to share in income, profits, dividends or distributions;
- you understand that SELF Tokens and NFTs have no economic value, and we make no representations or warranties regarding any valuation of SELF and NFT. SELF and NFT derives no value based upon the value of any asset, including any cryptocurrencies, cryptographic tokens, or other digital assets;
- you understand that there may have been fees to obtain Credentials. Further, there may be costs or charges due to interaction with smart contracts under the Program;
- you understand that SELF Tokens and NFTs are minted without any obligation of any type, including any obligation to provide services or acts of publicity. SELF Tokens and NFT are the result of your voluntary interaction with smart contracts and systems;
- you understand that SELF Token and NFT do not represent or confer on the token holder any right of any form with respect to any legal entity, or their revenues or assets, including without limitation any right to receive future dividends, revenue, shares, ownership right or stake, share or security, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property or license rights), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director, or other financial or legal rights or equivalent rights, or intellectual property rights or any other form of participation in or relating to the Program;
- you understand and accept the risk that changes in your physical appearance may result in discrepancies compared to previously submitted photographs and documents. Such differences may lead to suspending or terminating your access to the Service; in the event of suspension or termination of your access, you may lose any associated staking; we are not obligated to return any lost staking associated with the suspension or termination;
- you understand that SELF Token and NFT are not intended to represent any rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss; and
- you understand that SELF Token and NFT are not a loan, are not intended to represent a debt, and there is no expectation of profit.
Regarding distributed ledger technologies, you hereby represent and warrant that:
- you understand that the early-stage development of the Program, SELF Tokens, and NFTs' underlying technologies may contain weaknesses, vulnerabilities, or bugs, potentially causing interruptions or losses;
- you acknowledge that losing your Ethereum address's private key(s) will result in inaccessible SELF Tokens, NFTs, and Program, and third parties with access to these key(s) may misappropriate your assets. Wallet-related errors may also cause losses;
- you recognize that transfer errors may cause losses, which are generally irreversible once recorded on the blockchain. Incorrect transfers may result in lost SELF Tokens and NFTs;
- you accept that SELF Tokens and NFTs are inherently subject to cybercrime risks. Unauthorized access, hacking, or exploitation may result in theft, loss, or inaccessibility;
- you acknowledge the risks associated with the Ethereum protocol, including malfunctions, breakdowns, or abandonment, causing losses or transfer difficulties. Congestion, advances in cryptography, and quantum computing could also pose risks;
- you understand that evolving laws and regulations may affect the legality of SELF Tokens and NFTs, potentially restricting your rights;
- you realize that blockchain transactions require non-refundable gas fees. Gas fees are non-refundable. We do not provide any services to Users or deliver, hold, and/or receive payment for crypto assets;
- you understand that digital assets (cryptocurrencies, cryptographic tokens, and other digital assets) may be ascribed value by external services or markets, either in terms of a fiat cash valuation, or a valuation expressed in other digital assets; we make no representations or warranties about any valuation ascribed to digital assets; they depend entirely on such external services or markets; we shall have no liability for any fluctuations in the value of digital assets;
- you understand that neither we nor any affiliated entity is a party to any transaction on the blockchain networks underlying the Program and the Services; we do not have possession, custody, or control over any crypto assets (for these Terms are defined as a type of digital asset that depends on cryptography and distributed ledger or similar technology) appearing on the Services and within the Program; and we do not have possession, custody, or control over any User’s funds. Further, we do not issue, transfer, store, send, or receive any crypto assets. When you interact with the blockchain networks, you retain control over your crypto assets at all times. We are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities you affect when using our Services and participating in the Program. We do not have any information regarding any Users, Users’ identities, or services beyond what is available or obtainable publicly via the blockchain. We are not responsible for any activities you engage in when using the Services and the Program, and you should understand the risks associated with crypto assets, blockchain technology generally, the Services and the Program;
- you acknowledge that smart contract-based voting, including on-chain voting, is a new and evolving field. Risks mentioned earlier may result in theft, loss, or inaccuracies regarding your intended votes, potentially causing votes not to be cast or cast incorrectly; and
- you understand that (i) we're not responsible for blockchain-based software and network operation, (ii) there's no guarantee of functionality, security, or availability, and (iii) underlying blockchain networks may experience sudden changes, such as "forks."
Regarding smart contracts, you understand that your activities may be controlled by automated protocols that involve a number of smart contracts. You hereby represent and warrant that you are experienced in utilizing smart contracts and possess a sophisticated understanding of their functionality. Further, you understand there are significant risks inherent with the use of smart contracts, which include, without limitation:
- There may be potential vulnerabilities in the smart contract code that may affect the receipt, transferability, and functionality of SELF Tokens and NFTs or the total loss of SELF Tokens and NFTs. Not every smart contract utilized by the Program may be audited for vulnerabilities, which increases the likelihood of an exploit or a malfunction. Further, those smart contracts that have been audited are not guaranteed to be free of risk, as no auditor is infallible. An auditor may fail to identify a vulnerability within smart contract code due to a lack of skill, experience, information, time, or resources. You acknowledge and agree that you are solely responsible for evaluating the trustworthiness of any smart contract you engage with while participating in the Program;
- Once initiated, the Program is an automated protocol that may not be interrupted or adjusted by you, by the SELFKEY DAO or any other person or party;
- You understand that any interactions under the Program are through automated protocols controlled by smart contracts, and SELFKEY DAO will at no time take custody or otherwise control any of your SELF Tokens and NFTs or any other digital assets through such protocols. You are required to monitor and safeguard your digital assets at all times;
- To the extent the source code and algorithm setting the rights and the features of the SELF Tokens and NFTs contains errors, latent terms, or unsafe algorithms, these errors and hidden terms may result in significant losses to the functionality of the SELF Tokens and NFTs;
- The program protocol and the SELFKEY.ORG website are experimental prototypes and the use of either of them involves a high degree of risk. There are numerous ways the Program could fail in an unexpected way, resulting in the total and absolute loss of all of your funds, including SELF, NFTs and other cryptocurrency, tokens, or digital assets; and
- Transactions involving blockchains are not always anonymous. In fact, a central feature of blockchains and, thus, blockchain-based transactions, is that they are transparent. Your public key and wallet address, which you need to buy or sell items on the blockchain, are visible to anyone. To the extent your public key or wallet address can be linked back to you, it would be possible for someone to determine your identity and the crypto assets you own.
Regarding the SELFKEY.ORG website and the Program, you hereby represent and warrant that:
- You understand that your participation in the Program, or any actions you take under the Program, does not grant you any status with the SELFKEY DAO or with the Program, including, without limitation, status as an employee, contractor, partner or joint venturer;
- You understand that there is no guarantee that the SELFKEY.ORG website and, subsequently, the Program are or remain secure, complete or correct, or that access to the SELFKEY.ORG website and the Program will be uninterrupted or error-free;
- You understand that the Program will be governed by the consensus of the holders of SELF, which may be at odds with your personal interests. The decisions of the holders of SELF in the future may adversely affect your status within the Program, may adversely affect the efficacy or benefits of the Program as a whole, or may otherwise adversely affect your ability to enjoy the benefits of the Program;
- You understand that the SELFKEY.ORG website and the Program may include inaccuracies, errors, and materials that violate or conflict with these Terms. In such a case, the provisions of these Terms shall prevail;
- Nothing contained on the SELFKEY.ORG website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of trade names, trademarks, service marks or any other intellectual property without the express prior written consent of the owner;
- You understand that the Services and ETH could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of us and/or SELFKEY DAO to continue to develop, or which could impede or limit your ability to access or use the Service or Ethereum blockchain, including access to your funds, including your SELF Tokens and NFTs;
- You understand that the content contained in the SELFKEY.ORG website does not constitute an offer or sale of securities in or into the United States, or to or for the account or benefit of U.S. persons, or in any other jurisdictions where it is unlawful to do so. Transfer of SELF Tokens and NFTs may be subject to legal restrictions under applicable laws. Under no circumstances shall SELF Tokens be reoffered, resold, or transferred within the United States or to, or for the account or benefit of, U.S. persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the U.S. Securities Act of 1933, as amended;
- You understand that a market in the SELF Tokens and NFTs may not emerge and there is no guarantee of liquidity in the trading of the SELF Tokens and NFTs nor that any markets will accept them for trading; to the extent, a secondary market or exchange for trading SELF and NFTs does develop, it would be run and operated wholly independently of us, the distribution of SELF, and the Program. We will not create such secondary markets nor will either entity act as an exchange for SELF and NFT;
- You understand that any legal entity is not and will not be governed by SELFKEY DAO or SELF Token or NFT holders; and
- You understand that community contributors to the Program ecosystem may be independent of us, and we will not have and do not assume any liability or responsibility for their actions or omissions.
12. USER CONTENT
- The Services may allow Users to create a profile where they can post certain information about themselves and display NFTs minted using the Services (collectively, “User Content”). User Content will be considered non-confidential and non-proprietary. You represent and warrant that all of your User Content does and will comply with these Terms. You understand and agree that you are responsible for any User Content you submit or contribute, and you, not SELFKEY DAO, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content. Although we are not required to monitor any User Content, we may, at our sole discretion, remove User Content at any time and for any reason without notice.
- You hereby agree:
- to not submit, post, email, display, transmit or otherwise make available through SELFKEY.ORG any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- to not submit, post, email, display, transmit or otherwise make available through SELFKEY.ORG any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
- to not submit, post, email, display, transmit or otherwise make available through SELFKEY.ORG any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to not modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the WebApp or the rights or use or enjoyment of the WebApp by any other User;
- to not impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;
- to not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the WebApp;
- to not solicit passwords, Account or personal identifying information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, "spidering", "screen scraping", "phishing", "database scraping", or any other activity with the purposes of obtaining lists of other Users or other information;
- to not attempt to or actually manipulate or misuse the feedback or User Content system; and
- to comply with all applicable technology control or export laws and regulations;
- Due to the openly-accessible and possibly permanent nature of the Ethereum protocol, certain information could be derived about you due to your interaction with the Services, including:
- your address on the Ethereum platform could be tied to payment for an application for a Credential; and
- your address on the Ethereum platform may be associated with a hash or whitelist of addresses implying that your specific address received a Credential. Any hash associated with your address, however, would be only a cryptographic digest, created via a one-way function, and should not feasibly be able to be decrypted to derive any personally identifiable information.
13. REWARDS FOR INVITING NEW USERS
You may have the ability to generate rewards for your work, creating new connections to the WebApp. You shall communicate the purpose of this feature correctly: the Services allow Users to generate rewards for helping the network grow and facilitating technological strengthening. In this regard, you accept and acknowledge:
- Users involved in creating new connections are not distributors, recruiters, and/or contractors;
- Users do not invite new members on behalf of SELFKEY DAO; Users do it on their own behalf; for the avoidance of doubt, Users are not representatives, agents, and/or delegates of SELFKEY DAO; Users contributing and working for rewards should be considered volunteers;
- SELFKEY DAO does not tutor how to market the WebApp among potential Users;
- Users’ possible rewards are not considered share, revenue, commission, profit, or passive income;
- Users shall not demonstrate to the third parties how many Users they invited;
- SELFKEY DAO does not incentivize the collection of any information about potential Users;
- SELFKEY DAO does not create a multi-level or any other marketing network; no earnings for “referrals for referrals”, no Users “in your "downline";
- SELFKEY DAO does not encourage affiliate marketing businesses and merchants to be involved; this feature is not a business opportunity;
- Users shall independently follow marketing rules under applicable law (including, Users shall identify marketing communications, and make clear their intent to earn rewards for that); and
- SELFKEY DAO does not require Users to maintain a constant stream of new members.
- The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the property of SELFKEY DAO or our affiliates, licensors, or Users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and Users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
- For the avoidance of doubt, SELFKEY, SELFKEY DAO name, logo, trademarks, and any SELFKEY, SELFKEY DAO product or service names, designs, logos, and slogans are the intellectual property of SELFKEY DAO or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Selfkey” “Metaproof”, or any other name, trademark or product or service name of SELFKEY, SELFKEY DAO or our affiliates or licensors without prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark, or trade dress of SELFKEY, SELFKEY DAO or our affiliates, licensors, or Users, as applicable, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
- Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your Account, and you further agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of SELFKEY DAO.
15. LICENSE TO ACCESS AND USE OUR SERVICE AND CONTENT
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service provided, however, such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms.
16. THIRD-PARTY CONTENT AND SERVICES
- The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of SELFKEY DAO and may be “open” applications for which no recourse is possible. SELFKEY DAO is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. SELFKEY DAO provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
- The WebApp may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of monetization, all of which are subject to change without specific notice to you. Any program, product or service that we may promote, market, share or sell on or through the WebApp are not guaranteed by us, you agree to do your own independent assessment as to their quality, safety or legality within Your Jurisdictions.
17. USER CONDUCT
We reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: removing the ability to view NFT on the Service or use our Service to interact with NFT; disabling your ability to access our Service, and/or other actions.
You agree that you will not violate any law, contract, intellectual property, or other third-party right and that you are solely responsible for your conduct and content while accessing or using the Service. You also agree that you will not:
- Use or attempt to use another User’s Account without authorization from such User;
- Duplicate the WebApp accounts;
- Pose as another person or entity;
- Claim a SelfKey name for any purpose;
- Access the Service from a different address if we’ve blocked any of your other addresses from accessing the Service unless you have our written permission first;
- Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
- Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate-limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to the WebApp;
- Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
- Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
- Restrict or inhibit any other person from using the Services, including, without limitation, by hacking, attacking, altering, or defacing any portion of the Services;
- Sell or resell the Service or attempt to circumvent any our fee systems;
- Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
- Use the Service from a country sanctioned by the government of the United States or governments of other countries, or to facilitate transactions involving individuals sanctioned or located in sanctioned countries;
- Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
- Remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service;
- Frame or mirror any part of the Service without our express prior written consent;
- Create a database by systematically downloading and storing information derived from the Services;
- Use the Service for any illegal, fraudulent, unlawful or unauthorized purpose; or
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service.
- Violate any community rules we may establish.
You represent and warrant that you will comply with all Applicable Laws (e.g., local, state, federal, and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in a country that is subject to the U.S. or other sovereign country sanctions and/or embargoes; (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties; (c) you are not subject of other sanction rules of any sovereign nation or organization. If Your Jurisdictions or other circumstances change such that the above representations are no longer accurate, you agree to immediately cease using or accessing the Services, and further agree and understand that your Account may be closed. You are solely responsible for ensuring that your access and use of the Service in a particular country, territory, or jurisdiction does not violate any applicable laws.
Users agree not to engage in any coordinated actions or activities that could be harmful or disruptive to the Service, including but not limited to attempting to manipulate decisions, processes, or outcomes related to the Service. SelfKey DAO reserves the right, in its sole discretion, to immediately ban any user from accessing or using the Service and any associated services if SelfKey DAO reasonably believes that the user is engaged in coordinated actions against SelfKey DAO. SelfKey DAO may, at its discretion, investigate any suspected coordinated actions and may take any action it deems appropriate, including but not limited to banning users, reporting such actions to the relevant authorities, or pursuing legal remedies.
18. COMMUNICATION PREFERENCES
- By creating an Account, you consent to receive electronic communications from the WebApp (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications (with the possible exception of important service announcements and administrative messages).
19. NO WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
- To the fullest extent permitted by law, you agree that SELFKEY DAO, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “SELFKEY DAO Parties”) are not liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from these Terms, the Services, the Program, or any products, SELF Token, NFTs, or third-party sites and products, under any theory of liability, including without limitation, damages for loss of profits (if any), use, data, goodwill, or other intangibles, whether caused by strict liability, tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if advised of the possibility of such damages.
- The maximum aggregate liability of SELFKEY DAO and SELFKEY DAO Parties arising out of or related to these Terms, the access to and use of the Service, content, NFTs, or any SELFKEY DAO products or services shall not exceed the greater of (a) $50 or (b) the amount received by SELFKEY DAO for its service directly relating to the items that are the subject of the claim. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
- No Holder (or former Holder) shall be liable for the obligations of SELFKEY DAO, including any obligations owed by such holder in connection with any breach of these Terms. A debt, obligation, or other liability of the SELFKEY DAO is solely the debt, obligation, or other liability of SELFKEY DAO. Holders (or former Holders) are not personally liable, directly or indirectly, by way of contribution or otherwise for a debt, obligation, or other liability of the SELFKEY DAO solely by reason of being or acting as a holder. The failure of the SELFKEY DAO to observe formalities relating to the exercise of its powers or management of its activities and affairs is not a ground for imposing liability on a Holder for a debt, obligation, or other liability of the SELFKEY DAO.
- Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you in this case. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
- We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms, including when and to the extent such failure or delay is caused by or results from any events beyond SELFKEY DAO's ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
- Access to, and use of, the Service, products, NFTs, or third-party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
- THE SELFKEY.ORG WEBSITE AND THE SERVICES ARE BETA SOFTWARE AND PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. YOU AGREE TO BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SELFKEY.ORG WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION AND THE FUNCTIONALITY OF ANY ASSOCIATED SMART CONTRACTS, SELFKEY DAO, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF USAGE THE SERVICES.
- ALL PERSONS, ENTITIES, AGENTS, AND VOLUNTEERS INVOLVED WITH THE CREATION OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE VOTING CONTRACTS DISPLAYED THROUGH THE SERVICE, MAKE AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY; AND WITH RESPECT TO THE SERVICES, SOFTWARE, THE SERVICES PROTOCOL AND SOFTWARE, THE PROGRAM, VOTING CONTRACTS, SELF TOKENS, SELFKEY DAO AND HOLDERS AND ALL RELATED ENTITIES AND AGENTS SPECIFICALLY DO NOT REPRESENT, WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. SELFKEY DAO AND HOLDERS OR ANY RELATED ENTITIES OR AGENTS DO NOT REPRESENT OR WARRANT THAT THE SERVICES AND ANY RELATED INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
- You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless SELFKEY DAO, and SELFKEY DAO Parties from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Checks, content, NFT, (b) any feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights or obligations to a third party, including another User or third-party, and (e) your negligence or willful misconduct.
- You agree to promptly notify SELFKEY DAO of any Claims and cooperate with the SELFKEY DAO Parties in defending such Claims. You further agree that the SELFKEY DAO Parties shall have control of the defense or settlement of any Claims.
20. ASSUMPTION OF RISK
- You accept and acknowledge:
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of Services and NFTs.
- The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
- We do not control the public blockchains that you are interacting with. Blockchain transactions are irreversible and SELFKEY DAO has no ability to reverse any transactions on the blockchain. Including, but not limited to, SELFKEY DAO cannot return any fees paid by you hereunder, SELFKEY DAO does not provide any refunds.
- SELFKEY DAO is not a wallet provider, exchange, broker, financial institution, or creditor.
- SELFKEY DAO will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Service or any blockchain network, however, caused.
- The Services rely on the proper functioning of blockchain and other distributed ledger technology protocols that are not owned or controlled by SELFKEY DAO disclaims all liability for any failure by distributed ledger technology protocols to operate as expected, or at all, whether due to faults, vulnerabilities, attacks, or de-stabilization events.
- The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors lose market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
- Software (that allows you to use or access the Services) faults or vulnerabilities could allow third parties to obtain unauthorized access to information stored within your Account, including, but not limited to addresses, private keys, or seed phrases associated with your digital assets. SELFKEY DAO makes no representation that any fault or vulnerability will be corrected or otherwise addressed.
- You understand the risk that the Services could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit your ability to access or use the Services.
- Your private keys or seed phrases may be lost or stolen. The loss or destruction of your private key or seed phrase may render your digital assets inaccessible. If your private key or seed phrase is acquired or copied by another person, that person may be able to transfer these assets away from your possession. You acknowledge that you are responsible for safeguarding the private keys and seed phrases associated with your Account. SELFKEY DAO will not be liable for any losses due to any situation in which a private key or seed phrase is lost, divulged, destroyed, or otherwise compromised.
- You understand and agree that you are solely responsible for safeguarding data and all information stored locally on your mobile device or computer. Further, you agree that you will not hold SELFKEY DAO responsible for any consequences due to a loss of such data or information and that your release of liability covers any situation in which a loss of local data or information on your mobile device or computer occurs.
- SELFKEY DAO does not receive nor store Account private keys, seed phrases, addresses, or passwords. We cannot assist you with the retrieval of any such information. You acknowledge and agree that you should safely store a backup of your Account addresses, private keys, and seed phrases.
- Please be aware that staking is associated with numerous risks, such as slashing, malicious attacks, and stringent technical requirements. In addition, your stake may be slashed under the circumstances described in these Terms.
21. DISCLAIMER OF FIDUCIARY DUTIES
TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS TERMS OR APPLICABLE PROVISIONS OF LAW OR EQUITY OR OTHERWISE, THE PARTIES HERETO HEREBY AGREE TO ELIMINATE ANY AND ALL FIDUCIARY DUTIES SELFKEY DAO, HOLDERS, OR ANY RELATED ENTITIES AND AGENTS MAY HAVE TO YOU, OR YOUR AGENTS, AND AFFILIATES, OR THE END USERS OF THE SERVICE, THE PROGRAM, THE SELFKEY.ORG WEBSITE OR ITS CONTENT, PROVIDED THAT SUCH EXCLUSION OR LIMITATION OF LIABILITY SHALL NOT EXTEND TO ACTS OR OMISSIONS THAT CONSTITUTE A BAD FAITH VIOLATION OF THE IMPLIED CONTRACTUAL COVENANT OF GOOD FAITH AND FAIR DEALING.
23. FORWARD-LOOKING STATEMENTS
These Terms may describe the anticipated future of the WebApp and the Services, and contains forward-looking statements that are based on our beliefs and assumptions at the present time. The Services are under development and are constantly updated, and accordingly, if and when the Services are completed, they may differ significantly from the Services set out in these Terms. No representation or warranty is given as to the achievement or reasonableness of any plans, future projections, or prospects and nothing in the Terms is or should be relied upon as a promise or representation as to the future.
24. GOVERNING LAW
- These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of a jurisdiction selected by SELFKEY DAO (without regard to conflict of law rules, or any other jurisdiction that would cause the application of the laws of any other jurisdiction).
- You hereby irrevocably waive and agree not to assert in any suit, action, or proceeding, any claim that (a) you are not personally subject to the jurisdiction of such courts, or (b) such suit, action, or proceeding is brought in an inconvenient forum, or (c) the venue of such suit, action or proceeding is improper.
- Both you and SELFKEY DAO agree to bring any claim or dispute on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard, or litigated as a class or collective action, or as a member in any such class or collective proceeding.
If you breach any of the provisions of these Terms, all licenses granted by SELFKEY DAO will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by SELFKEY DAO or you. Termination will not limit any of SELFKEY DAO other rights or remedies at law or in equity.
Each Holder agrees to perform all further acts and to execute, acknowledge, and deliver any document (including tax forms and information) that may reasonably be necessary to carry out the provisions of these Terms.
29. SECURITIES LAWS MATTERS
THE SELF TOKENS AND NFTS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, STATE SECURITIES LAWS, OR THE LAWS OF ANY COUNTRY OUTSIDE THE UNITED STATES. THEY PROVIDE NO RIGHT TO ANY PROFITS OR LOSSES OF SELFKEY DAO, BUT ONLY LIMITED GOVERNANCE RIGHTS IN THE FUTURE.
30. TAXES AND WITHHOLDING; AUDITS
It is your responsibility to determine what, if any, taxes or withholding obligations apply to any transactions within or in connection with WebApp. It is your responsibility to report and remit the correct tax to the appropriate tax authority. SelfKey DAO is not responsible for determining whether taxes apply in Your Jurisdiction to any transaction, nor is SelfKey DAO responsible for collecting, reporting, withholding or remitting any taxes or other amounts arising from any transaction.
- The WebApp is a software platform only, and you acknowledge and agree that you are solely responsible for your actions and interactions through this software platform. The functionality of the Services may vary depending on the stage of their development.
- You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to use the WebApp. We do not guarantee that the WebApp can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the WebApp or Service will be available in any particular geographic location.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of SELFKEY DAO, and SELFKEY DAO failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
- Even though SELFKEY DAO drafted the Terms, you represent that you had ample time to review and decide whether to agree to the Terms. If an ambiguity or question of intent or interpretation of the Terms arises, no presumption or burden of proof will arise favoring or disfavoring you or SELFKEY DAO because of the authorship of any provision of the Terms.
- Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services.
- You acknowledge and agree that SELFKEY DAO affiliates may be third-party beneficiaries to this Terms and that such SELFKEY DAO affiliates may be entitled to directly enforce, and rely upon, any provision within the Terms that confers a benefit on (or rights in favor of) them. Other than the foregoing, no other person or business organization shall be third-party beneficiaries of this Terms or to the other provisions of the Terms.
- SELFKEY DAO reserves the right to change or modify these Terms at any time and at our sole discretion. If we make material changes to these Terms, we will update the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service. Keep in mind that changes to these Terms are not simply changes to a document; they are changes to the operational and governance procedures of the Services. Since the Services are under development and are constantly updated, these Terms cannot cover all issues that arise. Therefore, you acknowledge and agree to treat announcements and documents we publish on the SELFKEY.ORG website as binding rules and regulations along with these Terms.