1. Terms of Service
2. Airdrop and Staking Supplemental Terms
Last updated: 7 January 2025
These Terms of Service (together with the Privacy Policy and any other terms, supplemental terms, supplements, policies and regulations referred herein, "Terms") between Xterio Labs Limited ("Xterio", "we", "us", "our") and any publisher, developer, user, person or entity ("you") governs your utilization, access to and use of the Xterio Web3 Games ecosystem ("Xterio Platform" or "Platform"), the Xterio website (the "Site") and the gaming-as-a-service solution (https://xter.io), the affiliated Games, applications, Virtual Items, information, user generated content and any products, APIs, mobile apps, and any other software, tools, features, or functionalities provided on or in connection with our and other services that link to these Terms ("Services") provided by or on behalf of us. These Terms constitute a legally binding contract between you and Xterio. By accessing or using the Services you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services. Capitalized terms not defined herein shall have the same meanings ascribed to them as set out in our Privacy Policy (https://xter.io/legal/privacy-policy).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 14 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. BY USING OUR SERVICES, 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 SERVICES.
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS TAKEN WHEN USING OR ACCESSING OUR SERVICES, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS OR USE YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS PRIOR TO YOU ACCESSING OR USING THE SERVICES.
You may use the Services only if you agree to form a binding contract with Xterio and must have the legal capacity to form a binding contract with us under applicable law. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity. You represent and warrant that you will comply fully with these Terms.
The Services are not intended for distribution, access or use by any person or entity in China or any jurisdiction where such distribution, access or use would be contrary to, prohibited, restricted or taxed by any law or regulation, or which would subject us to any registration or licensing requirements, or any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”) or sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”). Accordingly, you are solely responsible for compliance with all applicable laws when you access and/or use the Services.
Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any Embargoed Jurisdiction; (b) you are not subject to any Sanctions; (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Services, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws.
We 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, we, in our sole discretion, may disable your account and block your ability to access the Services until such additional information and documents are processed. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.
General. Xterio Platform is a decentralized play-and-earn gaming platform which includes or may include (a) a Game gallery, where Game information including genres, release status, real-time popularity, player feedback, promotional information and marketing materials are displayed, (b) a NFT launchpad (the "Launchpad"), where users can purchase non-fungible tokens ("NFTs") from Game developers, (c) a NFT marketplace, where users can sell and purchase NFTs in a secondary market (the "Marketplace"), (d) creation of a Xterio Platform non-custodial multi-party computation wallet (powered by Particle Wallet) that is automatically linked to a user’s Xterio Platform account (a "Xterio Wallet"), (e) an asset (dashboard) page, where users can view the NFTs and Game tokens for Games that are integrated with the Xterio Platform and deposit the NFTs and Game tokens to smart contracts or wallet addresses for use in said Games or withdraw their NFTs and other Game tokens to their Xterio Wallet or other non-custodial wallets that are linked to their Xterio Platform account, (f) "Xter.AI", where users can use our AI-powered Web3 creation tool to design a customized piece of artwork which they can mint into a NFT and mint replicas of such NFTs (known as "Shards"), and (g) other additional services or activities as may be described in additional supplemental terms. "Games" means any games published and/or made available by us, whether existing now or in the future, including any games which are available on the Site, or associated websites, or integrated with the Xterio Platform, as may be applicable in the relevant context.
No Responsibility for the Marketplace. We reject any responsibility for NFTs offered by third-parties (other users) on the Marketplace. Any purchases on the Marketplace will be done peer-to-peer through smart contracts (each a "Smart Contract") on the underlying distributed-ledger network. Any transaction that you engage in will be conducted solely through the distributed-ledger network underlying the respective NFTs via a supported third-party account (wallet) solution. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse, stop or execute any transactions. We disclaim any liability to you or to any third party for any claims or damages that arise as a result of any transaction that you engage in via the Platform.
Xterio Wallet and Third-party Wallets. You can connect your third-party non-custodial wallet to your Xterio Platform account or you can use the Xterio Wallet automatically generated when your Xterio Platform account is created. We will never take custody or control over any Digital Assets stored in your Xterio Wallet or other third-party non-custodial wallet.
Transaction details. We have no control over any Digital Assets in relation to the Xterio Platform. We cannot ensure that any transaction details a user submits, whether in relation to any NFTs, other Digital Assets or otherwise, will be confirmed and processed on the underlying distributed-ledger network. We cannot assist you to cancel or otherwise modify any transaction or detail that you have submitted to the underlying distributed-ledger network.
Depositing NFTs and Game Tokens. When you deposit NFTs and Game tokens in smart contracts or wallet addresses for use in Games integrated with the Xterio Platform, you agree that ownership over such NFTs and Game tokens is transferred to the Game developer of the relevant Game. When you withdraw such NFTs and Game tokens to your Xterio Wallet or third-party non-custodial wallet, ownership over such NFTs and Game tokens are transferred to you. Notwithstanding the foregoing, in the event of conflict or inconsistency between these Terms and the respective terms entered into between you and the relevant Game developer regarding Digital Assets (including NFTs and Game tokens) in relation to each respective Game, the latter shall prevail.
No Storage of any Wallet Credentials. We do not receive or store your wallet password, or its private keys. We cannot assist you with password or private key retrievals. You are solely responsible for remembering, storing and keeping secret your password and private keys. Any NFT or Digital Asset that you have stored within a supported third-party wallet may become inaccessible if you do not know or keep secret its private keys and password.
Multi-chain Compatibility. The Xterio Platform has multi-chain compatibility so that Game developers can choose the underlying distributed-ledger network on which they want to deploy their web3 Games. Each user can store items, characters, and other Digital Assets on underlying distributed-ledger networks compatible with the Xterio Platform that allow for decentralized, immutable record of ownership.
Gaming Rewards. Each user of any Game on the Xterio Platform or any Game contained on the Site or associated websites, may be able to earn or receive gaming rewards. Gaming rewards consist of Digital Assets reflected on the underlying distributed-ledger network on which the respective Game is deployed or Virtual Items reflected in the respective Game. Gaming rewards do not function as financial instruments and are not attributed to the financial market. Gaming rewards are not financial instruments and are not being offered to investors. Gaming rewards may reside solely within the underlying distributed-ledger network or within the Game and may or may not have value. You acknowledge that gaming rewards are granted by the developers or publishers of the respective Games and that we are neither responsible nor control the granting or issuance of any gaming rewards, unless we are the Game developer.
Virtual Items and Digital Assets. "Virtual Items" means the rights that may be licensed to you by the Game developers of Games to access or use certain features made available in said Games, including access to digital or unlockable content, additional or enhanced functionality, virtual in-game assets, in-game achievements, and virtual in-game points, coins and currencies. "Digital Assets" means digital assets on a blockchain such as NFTs and fungible tokens but, for the avoidance of doubt, excludes any Xter.AI Created Assets.
Evolution of the Services. Our Services evolve constantly. As such, the Services may change from time to time, at our sole discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We may modify, suspend, terminate or discontinue the Services or any features within the Services, and you acknowledge and agree that we will have no liability in the event we elect to modify, suspend, terminate or discontinue the Services or any features within the Services. We also retain the right to create limits on use at our sole discretion at any time. We may remove Games visible on the Xterio Platform, suspend or terminate users, and reclaim usernames without liability to you.
Third-party services. We use certain third-party services in the provision of our Services and, to the extent permitted by law and except as otherwise agreed by us, we are not responsible for their product or services or any underlying logic, decisioning or code underlying the provision of their products or services used in our Services. You acknowledge and agree that Xterio and its affiliates are not liable, and shall not seek to hold Xterio and its affiliates liable, for such third-party services.
User Conduct
AI-generated content. Our Services, including Xter.AI, may contain images or other content generated by artificial intelligence (AI). You are solely responsible for any text or prompt you input to Xter.AI ("Input") and the resulting outputs, images, derivatives, content and other material (including outputs, images, derivatives, content and material not minted) you receive from using the tool ("Output") and ensuring such Input and Output complies with these Terms, community guidelines, and all applicable laws. You acknowledge that the Output you receive is based on the Input provided, and that we have no control over any such Input. We do not verify the Output or verify the accuracy, completeness, reliability or legality of the Output and we do not accept any liability arising in any way from your Input or your use of the Output. All Output is provided “as is” and with “all faults”, and we make no representations or warranties of any kind or nature, whether express or implied, with respect to any Outputs, including any warranties of suitability, accuracy, completeness and non-infringement. You are solely responsible for your Input, including any obligations in relation to its accuracy, quality and legality. You are also solely responsible for your Output, as well as your use and disclosure of such Output. You assume all risks associated with your use of your Input and Output, including any potential copyright infringement claims from third parties, as well as your disclosure of your Input and Output, including any potential breach of personal data claims.
You acknowledge and agree not to use any Input, use Xter.AI to intentionally generate, create or produce any Output, or use any Output which:
Whether the above has been breached shall be determined by Xterio in our sole discretion on a case-by-case basis.
Ownership
By accessing Xter.AI, you acknowledge and agree that:
By accessing Xter.AI, you represent, warrant and undertake that:
Fees and Pricing
Dynamic pricing and Shards. Our Xter.AI product employs an automated, dynamic pricing mechanism to determine both the cost of minting or burning a Shard. While our pricing rules are intended to ensure pricing is fair and accurately reflects the market’s supply and demand conditions, we cannot make any guarantees as to fairness and the pricing determined by our automated process is final. The decision by us to award (or not to award) any rewards or points to users based on rankings, total value or otherwise is final.
Minting Xter.AI Created Assets. You may be required to pay applicable gas fees in order to mint a Shard or a customized piece of artwork designed through Xter.AI.
General
Access or use of Xter.AI may, from time to time, be incorporated into Events organized by Xterio's affiliates or third parties. For avoidance of doubt, any Event specific terms and conditions ("Event Terms") shall apply to the relationship between you and such Xterio's affiliate or third party while these Terms shall apply to the relationship between you and Xterio. In the event of a conflict between these Terms and the Event Terms, the latter shall prevail to the extent necessary to resolve the conflict.
Your Account. You need to create an account to use our Services. Your account will be governed by the Privacy Policy, which is incorporated by reference, in addition to these Terms. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. Your account should be kept personal to you and not shared with other people.
Linked accounts. You can link your account with online accounts you have with third party service providers such as Google, X, Facebook and others (a "Third Party Account") by providing your Third Party Account login information through the Platform or allowing us to access your Third Party Account, as is permitted under the applicable terms of service that govern your use of each Third Party Account.
You represent and warrant that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without breaching any of the terms of service that govern your use of the applicable Third Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the relevant third party service provider of the Third Party Account.
If a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the relevant third party service provider, then you may no longer be able to login to your account via that method on our Platform. You will have the ability to disable the connection between your account on the Platform and your linked Third Party Accounts at any time.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, and you may not be able to opt out from receiving them.
User Conduct. Your use of the Services must not violate any applicable laws and regulations, including gaming and gambling laws, financial market laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Services complies with laws and any applicable regulations.
You must at all times observe the highest standards of personal integrity. You are required to behave in a professional manner in your interactions with other users, Games, members of the administration team, the media, sponsors and fans when using the Services.
You may not use, or encourage, instigate, promote, facilitate, or instruct others to use, the Services for any illegal, harmful, fraudulent, or infringing purpose. You may not use obscene gestures, profanity, or references to drugs, sex or violence in your username, team names, Game chat, lobby chat or any public facing media. This rule applies to English and all other languages and includes abbreviations and/or obscure references. In addition to the foregoing, all usernames and team names may be reviewed by us. Usernames and team names that may not reflect our professional standards may be denied at any time.
You also agree that you will not:
Any form of cheating will not be tolerated. All users are prohibited from influencing or manipulating Games on the Xterio Platform so that the outcome is determined by anything other than its merits. Examples of cheating include but are not limited to: collusion, match fixing or any other action to intentionally alter, or attempt to alter, the results of any Game, including losing a Game with another user in order to advance one or the other’s rank, attempts to interfere with another user’s connection to the Game service through Distributed Denial of Service (DDoS) or any other means, tampering with the entry process or the operation of Games, any use of bots, hacks, or any code or software not expressly authorized by the Game developer that allows the automated control of Games visible on the Xterio Platform, or any component or feature thereof. Any of these types of actions, or any intentional use, or attempted use, of any bugs or exploits in the Game may result in a forfeit of the Game and disqualification from Games.
You agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do or attempt to do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services. We also reserve the right to access, read, preserve, and disclose any information that you have provided in connection with the Services as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. We do not disclose personally identifying information to third parties except according to our Privacy Policy.
If you use developer features and are interested in publishing a Game on the Xterio Platform, you agree to our separate developer guidelines and developer platform license agreement.
Play to Earn Gaming Universe. You are solely responsible for determining what, if any, taxes apply to you and play to earn mechanisms, and any other transactions conducted by you. If you elect to engage in any play to earn mechanisms (including, but not limited to, any mechanism that permits you to play any Games or use any Services on the Xterio Platform, Site or otherwise), you will be responsible to pay all sales, use, value-added or other taxes, duties and assessments now or hereinafter claimed or imposed by any governmental authority. You (i) shall reimburse us for all federal, state, cantonal, local or other taxes and assessments of any jurisdiction, 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 services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
You further acknowledge that we are not responsible, and you accept sole responsibility for any and all missed Game tokens, rewards or otherwise, regardless of the source of any error, fault or otherwise. Any and all play to earn mechanisms in place (including, but not limited to, the method, amounts or otherwise) are not permanent and may or may not be changed at any time.
We give you a limited, personal, worldwide, royalty-free, non-assignable, non-sub-licensable and non-exclusive right to use the software provided to you as part of the Services. This right has the sole purpose of enabling you to use and enjoy the benefits of the Services as provided by us via the Platform, in the manner permitted by these Terms. This right will immediately end upon the expiry or termination of these Terms for any reason.
Nothing in the Terms gives you a right to use our name or any of our logos, domain names, other distinctive brand features, and other proprietary rights. All rights, title and interest in and to the Services are and will remain the exclusive property of us and our licensors. Any feedback, comments, or suggestions you may provide regarding us or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may need to approve access to the distributed-ledger network on which web3 components of the Xterio Platform are deployed and grant access to your web3 wallet address to connect and use some of our Services. In addition, we may allow you to connect third party services to our Services. If you rely on third party services in relation to your use of our Services, you should refer to their respective terms of service and privacy policies. All such third party providers and their services, sites and technologies are in no way endorsed, controlled or verified by Xterio. Xterio does not guarantee the performance of such third party services, sites and technologies and makes no warranty of any kind and is not responsible for any disruption, problem, damage, data loss, cost or inconvenience caused by such third party providers. You are responsible for safeguarding your credentials, recovery phrase, or the private key to connect to the Services and to access third party services. Please make sure that you store everything in a safe place. Your wallet should be kept personal to you and not shared with other people. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, and you may not be able to opt out from receiving them.
Distributed-Ledger Network Risk. You warrant that you accept the risk of distributed-ledger networks and protocols, including instability, congestion, high transaction costs, information insecurity, regulatory risk, and technological and operational error. You understand these risks may result in delay or failure to process transactions and potentially high transaction fees or third party fees. You acknowledge that we are not responsible for any diminished Services, related features, or capabilities resulting from distributed-ledger network risks. In the event of a material increase or decrease to transaction fees, third party fees, or operational degradation, congestion, failure or other disruption of the underlying distributed-ledger network, we may, at our sole discretion, make any adjustments to the Services.
Distributed-Ledger Network Modification Risk. You warrant that you are familiar with and accept the risks associated with distributed-ledger network development and code changes. Distributed-ledger technologies are still under development and may undergo significant changes over time. Distributed-ledger network contributors may make changes to features and specifications of the consensus algorithm or other parts, and may fork the distributed-ledger network protocol. Such changes may include or result in the elimination or support for specific algorithms and applications.
Game Tokens. Game tokens are not considered legal tender, are not issued or backed by any government, and have fewer regulatory protections than traditional currency. Moreover, Game tokens are not insured against theft or loss by any insurance corporation or any investor protection.
Market Risk. The value of Digital Assets are derived from supply and demand in the global marketplace, which can rise or fall independent of any government currency. Holding Digital Assets carries exchange rate and other types of risk. The value of Digital Assets may be derived from the continued willingness of market participants to exchange traditional government currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market disappear. The volatility and unpredictability of the price and value of Digital Assets, relative to government currency, may result in significant loss over a short period of time. We do not warrant the value of any Digital Assets, or artwork (including Xter.AI Created Assets) or other Virtual Items displayed on our Platform, and explicitly warn you that there is no reason to believe that any of the foregoing will increase in value, and that they may hold no value, decrease in value, or entirely lose value. We do not make any endorsement or recommendation of the value or price of any Digital Asset, or artwork (including Xter.AI Created Assets) or other Virtual Items displayed on our Platform and no information provided by us on our Platform is or should be taken as investment advice or an inducement or solicitation to invest in any Digital Asset, artwork or other Virtual Items, issuer or otherwise.
Regulatory Risk. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets. The regulatory status of cryptographic tokens, Digital Assets and distributed-ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect cryptographic tokens, Digital Assets, distributed-ledger technology and its applications. Such changes could negatively impact the Services in various ways, including, for example, through a determination that any of the above are regulated financial instruments that require registration. We may cease any distribution of any of the above, the development of the Xterio Platform or cease operations in a jurisdiction in the event that governmental actions make it unlawful or commercially undesirable to continue to do so. The industry in which we operate is new, and may be subject to heightened oversight and scrutiny, including investigations or enforcement actions. There can be no assurance that governmental, quasi- governmental, regulatory or other similar types of (including banking) authorities will not examine our operations or pursue enforcement actions against us. Such governmental activities may or may not be the result of targeting us in particular. All of this may subject us to judgments, settlements, fines or penalties, or cause us to restructure our operations and activities or to cease offering certain products or services, all of which could harm our reputation or lead to higher operational costs, which may in turn have a material adverse effect on the Services.
Technology Risk. Transactions relating to Digital Assets and Xter.AI Created Assets are irreversible and losses due to fraudulent or accidental transactions may not be recoverable. Blockchain transactions are deemed to be made when recorded on a public ledger, which may not necessarily be the date or time the user initiated the transaction. The nature of such blockchain transactions may lead to an increased risk of fraud or cyber-attacks.
We reserve the right to charge fees for the use of all or specific functions of the Services (including additional functionalities added to the Platform in the future), now or in the future and as set out in connection with the respective Service (see fees and payment terms when accessing a fee-based service). We and the Game developers may charge you fees for the use of the Games and related Virtual Items and Game Services offered on the Xterio Platform. Some features of the Services may require the possibility of automated fee collection (direct debit) or other payment solutions through APIs, which require the use of supported third-party solutions. Such third-party solutions and payment providers may require you to agree to their terms and conditions and set up a separate account. The terms of such third-party service providers are specific to them. You should make yourself aware of such third party terms, before making any payment or receiving such third-party services. By using any of the supported third-party solutions for automated collection, you acknowledge that such solutions are not offered by us, they are governed by separate terms and conditions, we do not have control, and we are not responsible for any costs, expenses, other liabilities, damages or losses you may incur as a result of using such solutions. The support of a specific solution on the Platform is neither a recommendation nor a guarantee or warranty by us for such a solution.
The Services include information and content from us as well as from websites, databases, Games, or platforms offered by independent third parties, including Game developers and publishers. Links to such other websites, databases, Games, or platforms or information and content from such websites, databases, Games, or platforms are neither a recommendation nor a guarantee or warranty and do not mean that we agree with the intended usability, contents, functionalities of such websites, databases, Games and platforms.
Any use or reliance on any information or content available via the Services - whether provided by us or by third-parties - obtained by you through the Services is at your own risk and you acknowledge that we exclude all liability to the extent permitted by applicable law. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information and content made available via the Services.
Our Privacy Policy https://xter.io/legal/privacy-policy describes how we collect, handle, store and transfer the data you provide to us when you use our Services. You understand that the collection, processing, and use of such data by us and our affiliates (as outlined in the Privacy Policy), including the transfer of the data to other countries, is required to perform the Services.
You may end your legal agreement with us at any time by deactivating your accounts via contacting us at customerservice@xter.io and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to: (i) if we believe you have violated these Terms, (ii) if we believe you pose a security or other risk to or possible legal exposure for us, our affiliates or any third party; (iii) if we believe you could adversely impact us, the Services or any other Xterio Platform user, (iv) if we believe your account should be blocked due to prolonged inactivity; (v) our decision to withdraw any aspect of the Services, Platform, Game(s) or Virtual Items; (vi) for reasons of a system failure, maintenance or repair due to events beyond our reasonable control; or (vii) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceedings in any jurisdiction. We will make reasonable efforts to notify you through the Services the next time you attempt to access the Services, depending on the circumstances. If we suspend or terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Effect of Suspension. If we suspend your account for all or part of the Services, you remain responsible for all fees and charges that you may incur during the period of suspension; and your entitlement or access to any results or rewards that may have occurred during your suspension of the Services may be prevented or limited.
Effect of Termination. If we terminate your account or cease providing you with all or part of the Services, or if these Terms terminate or expire for any other reason, then all your rights under these Terms shall immediately terminate including, without limitation, your license to use any intellectual property associated with the Services, except that the following sections shall continue to apply: sections 10, 12, 13 and 14, as well as such sections (or part thereof) under these Terms which by their nature or express terms are intended to survive termination or expiry; and upon termination of your account or the Services and/or termination or expiry of these Terms for any reason, you shall remain responsible for all fees owed to us incurred through and up until the termination / expiry date.
WE DO NOT GUARANTEE THAT THE PLATFORM, THE SERVICES OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE PLATFORM, SERVICES, GAMES AND CONTENT FOR A PARTICULAR LENGTH OF TIME. THE PLATFORM, SERVICES AS WELL AS GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS AND EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, AS WELL AS THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM, AND SPECIFICALLY DISCLAIM ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IN RELATION TO THE FOREGOING. WE DO NOT WARRANT THAT THE PLATFORM OR SERVICES OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, BE FREE OF DEFECTS, SOFTWARE BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS, WILL PROVIDE ACCURATE, RELIABLE AND COMPLETE RESULTS OR BE FIT FOR YOUR PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS OR USE OF THE PLATFORM, THE SERVICES OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION, YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF THE PLATFORM, THE SERVICES, OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM. WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM DOES NOT INCORPORATE, INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR LEGAL RIGHTS OF ANY OTHER PERSON OR ENTITY. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR ACCESS AND USE OF THE PLATFORM, THE SERVICES OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, THE SERVICES OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM, YOU AGREE THAT OUR LIABILITY, AND THAT OF OUR PARENT(S), AFFILIATES, RELATED LEGAL ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS, IF ANY, IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTERIO, OUR PARENT(S), AFFILIATES, RELATED LEGAL ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS, COSTS, LOSSES, LIABILITIES, EXPENSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND ALL INTEREST, PENALTIES AND LEGAL COSTS, AND ALL OTHER PROFESSIONAL COSTS AND EXPENSES), HOWEVER ARISING OR SUFFERED, AS A RESULT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) OUR PLATFORM OR ANY SERVICES OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM, OR OUR BREACH OF THESE TERMS, OR ANY RELIANCE IN CONTENT AVAILABLE ON OR FROM OUR PLATFORM (INCLUDING ANY THIRD PARTY CONTENT AND THE OUTPUT FROM XTER.AI), OR ANY MATTERS OR TRANSACTIONS WITH THIRD PARTIES INTRODUCED BY YOUR ACCESS OR USE OF OUR PLATFORM OR SERVICES, OR THE GAMES AND CONTENT (INCLUDING THE OUTPUT FROM XTER.AI) APPEARING ON THE PLATFORM.
YOU AGREE THAT XTERIO WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF THESE TERMS WHERE SUCH FAILURE OR DELAY RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ANY ACTS OF GOD, LABOUR OR OTHER INDUSTRIAL DISPUTES, PANDEMIC, ELECTRICAL OR POWER OUTAGES, UTILITIES OR OTHER TELECOMMUNICATIONS FAILURES, BLOCKAGES, EMBARGOES, RIOTS, UPGRADES TO THE ACTS OR ORDERS OF GOVERNMENT, ACTS OF TERRORISM OR WAR.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO DEVELOPERS THAT OFFER GAMES ON THE XTERIO PLATFORM), YOU AGREE TO RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU AGREE TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS XTERIO AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND ALL INTEREST, PENALTIES AND LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER PROFESSIONAL COSTS AND EXPENSES) SUFFERED OR INCURRED ARISING OUT OF, OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION, YOUR ACCESS OR USE OF XTER.AI), (B) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; (C) YOUR BREACH OR ALLEGED BREACH OF THIRD PARTY RIGHTS (INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, TRADEMARK, OTHER INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS); AND (D) IN THE CASE OF XTER.AI, YOUR INPUT, OUR USE OR DISCLOSURE OF YOUR OUTPUT, AND YOUR USE OR DISCLOSURE OF THE INPUT AND/OR OUTPUT.
THIS SECTION 12 WILL APPLY TO YOU TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
The Services, including their "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, the Xterio logo, and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Xterio 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.
Xterio’s name, logo, trademarks, and any Xterio product or service names, designs, logos, and slogans are the intellectual property of Xterio 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 "Xterio" or any other name, trademark or product or service name of Xterio or our affiliates or licensors without our prior written permission. In addition, the "look and feel" of the Services constitutes the service mark, trademark or trade dress of Xterio and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You acknowledge that all intellectual property rights (including without limitation all copyrights, patent, trademark and design rights) in the Platform, Services, Games and Virtual Items and all content (including but not limited to visual interfaces, graphics, associated art and drawings, designs, systems, methods, information, computer code, software, services, look and feel; compilations and data) appearing on and within the Platform, Services, blockchain, Games and Virtual Items throughout the world belongs to us, our licensees or affiliates or respective Game developer and that such rights are licensed to you and you do not acquire any ownership rights in the Platform, Services, Games and Virtual Items or any other part of them other than the right to use the Platform Services, Games and Virtual Items under these Terms. Any use by you of any of intellectual property other than as permitted under these Terms may only be undertaken with the prior express written authorisation by the relevant intellectual property owner. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any intellectual property in the Platform, Services, Games, Virtual Items or other content other than as expressly permitted in these Terms.
We may revise these Terms from time to time for any reason. The changes will not be retroactive, and the most current version of the Terms, available on our site at https://xter.io/legal/terms-of-service, will govern our relationship with you. It is your responsibility to check these Terms regularly before using any of our Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the Terms as may be revised from time to time.
These Terms and any document incorporated by reference and any policies, rules or community guidelines posted by us on the Platform from time to time constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters. The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision or any similar provision on a later occasion.
In the event of any conflict or inconsistency between the provisions of these Terms of Service and any other provision under the Terms, the provision imposing a more stringent obligation on you or the provision granting greater rights or protection to us (as applicable) shall prevail.
If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any of its terms.
These Terms are an agreement between you and Xterio Labs Limited. If you have any questions about these Terms, please contact customerservice@xter.io.
These Terms are governed by the laws of the British Virgin Islands. The United Nations Convention on the International Sale of Goods shall not apply.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the BVI International Arbitration Centre (BVIIAC) under the BVI IAC Arbitration Rules in force when the notice of arbitration is submitted. The law of this arbitration clause shall be the law of the British Virgin Islands. The seat of arbitration shall be Tortola, British Virgin Islands. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. Neither party shall be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant to the dispute.
Last updated: 7 January 2025
PLEASE READ THESE AIRDROP AND STAKING TERMS CAREFULLY BEFORE ACCESSING OR USING THE SPECIALIZED SERVICES, OR CLAIMING / RECEIVING TOKENS PURSUANT TO THE AIRDROP. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE AIRDROP AND STAKING TERMS, YOU ARE NOT PERMITTED TO ACCESS THE SPECIALIZED SERVICES OR RECEIVE DISTRIBUTION OF ANY TOKENS.
BY ACCESSING OR USING THE SPECIALIZED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE AIRDROP AND STAKING TERMS IN THEIR ENTIRETY. YOU ARE RESPONSIBLE FOR MAKING YOUR OWN DECISION REGARDING ACCESS AND USE OF THE SPECIALIZED SERVICES AND ANY CLAIM / RECEIPT AND/OR USE OF TOKENS. ANY ACCESS AND USE OF THE SPECIALIZED SERVICES IS SOLELY AT YOUR OWN RISK. IT IS THE PARTICIPANT’S SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, ACCOUNTING, INVESTMENT, TAX AND OTHER ADVICE IN RESPECT OF THE SPECIALIZED SERVICES AND ANY CLAIM / RECEIPT AND/OR USE OF THE TOKENS, PRIOR TO ACCESSING THE SPECIALIZED SERVICES AND CLAIMING / RECEIVING AND USING ANY TOKENS.
BY ACCESSING OR USING THE SPECIALIZED SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS RELATED THERETO INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT IN THESE AIRDROP AND STAKING TERMS. IN NO EVENT SHALL XTERIO OR ANY OTHER MEMBER OF THE GROUP, OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SPECIALIZED SERVICES AND THE CLAIM / RECEIPT AND/OR USE OF ANY TOKENS.
THE GROUP DOES NOT TAKE ANY RESPONSIBILITY FOR YOUR ACCESS AND USE OF THE SPECIALIZED SERVICES. YOU MUST SATISFY YOURSELF BEFORE ACCESSING AND USING THE SPECIALIZED SERVICES, AND CLAIMING / RECEIVING AND USING ANY TOKENS, AND SHOULD NOT RELY ON THE GROUP OR ANY STATEMENT OR EXPRESSION MADE BY THE GROUP. THE GROUP DOES NOT GIVE ANY ADVICE, RECOMMENDATION, ANALYSIS OR ENDORSEMENT WITH RESPECT TO THE SPECIALIZED SERVICES, THE TOKENS, OR ANY STAKING ACTIVITY. THE GROUP HAS ALSO NOT CONSIDERED THE APPLICABLE LAWS, REGULATIONS AND LAWS OF THE JURISDICTION OF ANY PARTICIPANT. EACH PARTICIPANT ACCESSES AND USES THE SPECIALIZED SERVICES, AND CLAIMS / RECEIVES AND/OR USES TOKENS AT ITS OWN RISK.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO ENTITY OR PERSON IN THE GROUP IS YOUR BROKER, INTERMEDIARY, AGENT OR ADVISOR. THESE AIRDROP AND STAKING TERMS ARE NOT INTENDED TO, AND DO NOT, CREATE OR IMPOSE ANY FIDUCIARY DUTIES ON ANY ENTITY OR PERSON IN THE GROUP. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NO ENTITY OR PERSON IN THE GROUP HAS ANY FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU OR ANY OTHER PARTY. TO THE EXTENT SUCH A DUTY OR OBLIGATION MAY EXIST AT LAW OR IN EQUITY, SUCH DUTIES OR OBLIGATIONS ARE HEREBY EXPRESSLY AND IRREVOCABLY DISCLAIMED AND WAIVED.
These Airdrop and Staking Supplemental Terms ("Airdrop and Staking Terms") govern your participation in and receipt of XTER ("Tokens") through the airdrop program ("Airdrop") organized by Xterio Labs Limited ("Xterio"), as well as your access and use of the staking service provided by Xterio through the Xterio Platform (“Staking Service”; and together with the Airdrop, the “Specialized Services” and each, a “Specialized Service”). These Airdrop and Staking Terms are supplemental to, and incorporate by reference, Xterio’s general Terms of Service found at https://www.xter.io/legal/terms-of-service (“Terms of Service”). Defined terms used but not defined herein have the meaning set forth in the Terms of Service. Each Specialized Service, and your access of it, is a Service as defined under the Terms of Service. By accessing any Specialized Service, you (“you” or “Participant”) are agreeing to these Airdrop and Staking Terms and the Terms of Service. If you are accepting these Airdrop and Staking Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Airdrop and Staking Terms, in which case the words "Participant", "you" and "your" as used in these Airdrop and Staking Terms shall refer to such company, organization, government, or legal entity. If you do not understand or agree to these Airdrop and Staking Terms and the Terms of Service, you should not access any Specialized Service.
In these Airdrop and Staking Terms, Xterio and its subsidiaries, affiliates and any other entity related to Xterio shall be collectively referred to as the "Group". Additionally, unless the context otherwise requires, "Xterio" shall be taken to include the shareholders, members, directors, officers, employees, agents and representatives of Xterio, and "Group" shall be taken to include the shareholders, members, directors, officers, employees, agents and representatives of each such entity in the Group. You represent and warrant that you will comply fully with these Airdrop and Staking Terms.
By accessing any Specialized Service, you represent, warrant and undertake that:
a. you have full legal capacity and authority to agree and bind yourself to these Airdrop and Staking Terms;
b. if you are not a company, organization, government, or other legal entity, you must be an adult of the legal age of majority in your country of residency;
c. you will at all times provide accurate and complete information as required or requested by Xterio for accessing and using the Specialized Service;
d. your access and use of the Specialized Service, and claim / receipt and/or use of Tokens are not prohibited or restricted by applicable laws and regulations (including for the avoidance of doubt, any Sanctions), and at all times will be compliant with applicable laws and regulations;
e. you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction where the provision, access or use of the Specialized Service or the distribution of cryptocurrency tokens would be contrary to, prohibited or restricted by any law or regulation, or which would subject any entity or person in the Group to any registration or licensing requirements;
f. you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction");
g. you are not subject to any sanctions, directly or indirectly (whether through wallet address or otherwise), administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, "Sanctions");
h. you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;
i. none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;
j. You are not:
i. any natural person resident in the United States;
ii. any partnership or corporation organized or incorporated under the laws of the United States;
iii. any estate of which any executor or administrator is a U.S. person;
iv. any trust of which any trustee is a U.S. person;
v. any agency or branch of a foreign entity located in the United States;
vi. any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;
vii. any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and
viii. any partnership or corporation if (A) organized or incorporated under the laws of any foreign jurisdiction and (B) formed by a U.S. person principally for the purpose of investing in securities not registered under the Securities Act 1933 of the United States of America (the “Act”); and
k. you have not been previously suspended, prohibited or removed from using the Xterio Platform.
You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are a resident of, or located in or accessing the Specialized Services from, in connection with your access and use of the Specialized Services. By accessing the Specialized Services, you represent, warrant and undertake that you meet these requirements and will continue to meet these requirements. By accessing the Specialized Services, you confirm that you are eligible to do so and that your access and use of the Specialized Services and claim / receipt and use of any Tokens is in full compliance with all applicable laws and regulations in your jurisdiction of residence. You further confirm that you are not currently subject to any sanctions or restrictions imposed by any governmental or regulatory authority, and that you meet the eligibility requirements as set out in these Airdrop and Staking Terms. You agree to be solely responsible for any legal obligations arising from your access or use of the Specialized Services or your claim, receipt or use of any Tokens, and for ensuring that your actions do not violate any laws or regulations.
Xterio reserves the right to verify a Participant's identity and eligibility. In addition, Xterio reserves the sole and absolute right to disqualify any person, proposed Participant or Participant which, in its opinion, is ineligible to access or use the Specialized Services (be it under these Airdrop and Staking Terms or by having engaged in any conduct that Xterio considers inappropriate, malicious, unfair, unlawful, unethical, harmful or unacceptable). In addition, if a Participant does not comply with these Airdrop and Staking Terms, Xterio reserves the right to disqualify such Participant from the access or use of the Specialized Services, and the Participant agrees that it shall have no recourse or claim against Xterio and any other entity or person in the Group.
Airdrop Eligibility Criteria
Xterio in its sole discretion shall determine the eligibility criteria for participation in the Airdrop, including the amount of Tokens to be distributed to eligible Participants that satisfy certain criteria, as well as all other decisions related to Airdrop allocations. Different eligible Participants may receive different amounts of Tokens in any particular Airdrop depending on the criteria set by Xterio for such Airdrop. Xterio will have no obligation to notify potential Airdrop participants of the eligibility criteria for the Airdrop prior to, during, or after the execution of such Airdrop. Qualifying for one or more eligibility criteria for participation in the Airdrop is not intended to and does not create a legal entitlement or claim to the Airdrop.
A Participant must ensure that any information provided to Xterio is true, accurate, up-to-date, complete, and timely updated when changed. If Xterio believes that any of the information a Participant provided is false, misleading, outdated or incomplete, including where proof of age is requested and satisfactory proof of age is not received, Xterio reserves the right to terminate such Participant's access or use of the Specialized Services, and such Participant shall be fully liable for any loss or expense caused to Xterio as a result of the Participant's access or use.
You understand and accept that Xterio reserves the right to require you to be subject to KYC procedures and to supply information, materials and documentation requested by Xterio at any time, as well as that your right to access or use the Specialized Services may be terminated or suspended in certain circumstances, including but not limited to where it is reasonably believed that the Specialized Services or the Token may not be allowed in certain jurisdictions or that you have breached any terms of these Airdrop and Staking Terms, including any representations and warranties, or for any or no reason as determined in Xterio's sole discretion.
Details of Airdrop
Details of the Airdrop are as follows:
a. The Airdrop will be conducted during such specified period(s) as determined by us.
b. In order to participate in the Airdrop, Participants must fulfill the eligibility requirements and follow the instructions provided by Xterio from time to time.
c. The number of Tokens allocated to each Participant will be determined solely by Xterio, and such allocation may vary among Participants.
You agree and acknowledge that your participation in the Airdrop and claim of the Tokens does not require any form of purchase, payment, or tangible consideration to or from us (save for gas fees payable by you to receive and/or claim your Tokens). You represent and warrant that you (a) may lawfully receive the Tokens for free via the Airdrop (save for any gas fees or applicable taxes), (b) did not take any action, and did not refrain from taking any action, in expectation of, or in reliance on, receiving the Tokens, the occurrence of the Airdrop, or potential participation in the Airdrop.
Participants must accept the Airdrop and Staking Terms and claim their Tokens during the period of the Airdrop by connecting their relevant wallet to the relevant claimsite (“Claim Submission”). Where a Participant has made a successful Claim Submission and subject to these Airdrop and Staking Terms, Tokens will be sent to the wallet that the Participant connected to the relevant claimsite.
There may be technical limitations, delays, and/or gas fees due or payable, to receive and/or claim Tokens through your wallet. You hereby agree and acknowledge that if due to technical issues, gas fees, loss of access to a wallet, or for any other reason, you are unable to participate in the Airdrop or receive and/or claim Tokens, or your participation in the Airdrop or receipt and/or claim of the Tokens is delayed, you will have no recourse or claim against Xterio and any other entity or person in the Group.
Xterio reserves the right to amend the distribution method and timeline at its discretion.
You agree that you are the legal owner of the wallet(s) that you use to access or participate in the Airdrop and will not sell, assign, or transfer control of such wallet(s) or the Tokens to third parties to knowingly redistribute Tokens to a third party, directly or indirectly, that would violate these Airdrop and Staking Terms or any applicable law or regulation if claimed by such party.
Details of Staking Service
The Staking Service provided by Xterio allows Participants to lock up (“Stake”, “Staked” or “Staking”) their held Tokens on a Staking smart contract for a certain timeframe in exchange for receiving points as a reward (“Points”).
Points will be given to you in exchange for you Staking the Tokens. Staking the Tokens for a longer timeframe will yield more Points. Participants can then use these Points to redeem such rewards as Xterio may from time to time make available to Participants for redemption. The calculations on the number of Points which you can receive from Staking are set out on the Xterio Platform. Xterio reserves the right to change the calculation mechanisms from time to time, without prior notice to, and without requiring prior approval from, you.
TOKENS STAKED BY YOU UNDER THE STAKING SERVICE WILL BE FULLY LOCKED UNTIL THE TIMEFRAME YOU HAVE SELECTED TO STAKE THE TOKENS FOR (“STAKING PERIOD”) ENDS. DURING THE STAKING PERIOD, YOU WILL NOT BE PERMITTED TO WITHDRAW, TRANSFER, OR OTHERWISE ACCESS OR USE ANY STAKED TOKENS.
After the Staking Period ends, the Staked Tokens will remain in the Staking smart contract. In order to withdraw the Staked Tokens from the Staking smart contract, you are required to submit a claim request to the Staking smart contract.
There may be technical limitations, delays, and/or transaction fees due or payable, such as gas fees, to Stake Tokens or withdraw the Staked Tokens through your wallet. You hereby agree and acknowledge that if due to technical issues, gas fees, loss of access to a wallet, or for any other reason, you are unable to access the Staking Service, or Stake Tokens or withdraw the Staked Tokens, or your access of the Staking Service or Staking of the Tokens and/or withdrawal of the Staked Tokens is delayed, you will have no recourse or claim against Xterio and any other entity or person in the Group.
You agree that you are the legal owner of the wallet(s) that you use to access or use the Staking Service and will not sell, assign, or transfer control of such wallet(s) or the Tokens to third parties to knowingly redistribute Tokens to a third party, directly or indirectly, that would violate these Airdrop and Staking Terms or any applicable law or regulation.
You acknowledge and agree that:
a. the Tokens may have specific usage limitations and may not have any value, and even if they have any value, such value may fluctuate;
b. no guarantees are provided to you regarding the future value of these Tokens;
c. the Tokens are not stocks, shares, securities, commodities, investment contracts or any other financial instruments;
d. these Airdrop and Staking Terms and the Group’s marketing or promotional materials relating to any Specialized Service are not intended to and do not constitute a prospectus, an offer document of any sort, an offer of securities of any form (including without limitation shares of a company, units in a trust, units in a collective investment scheme or any other form of investment), a solicitation for investment, or any offer to sell any product, item, or asset (whether digital or otherwise);
e. the offer or distribution of the Tokens has not been registered with any government entity or regulatory authority; and
f. the Tokens do not represent any share, stake, debt or security or other similar or analogous rights in Xterio and any entity in its Group.
You represent, warrant and undertake that:
a. you will comply with all applicable laws and regulations in relation to the Specialized Services and the claim, receipt and use of Tokens;
b. all information provided by you to Xterio is true, accurate, up-to-date, complete, and timely updated when changed; and
c. you have a working knowledge of the operation, functionality, usage, storage, transmission mechanisms and other characteristics of cryptocurrencies, blockchain-based software systems, staking mechanisms, cryptocurrency wallets, digital assets, as well as other related technology.
You further agree and acknowledge that (a) you are solely responsible and liable for all taxes due in connection with your access and use of the Specialized Services and your claim, receipt and use of the Tokens; and (b) you should consult a tax advisor with respect to the tax treatment of the Specialized Services and Tokens in your jurisdiction.
You shall not access or use the Specialized Services except as expressly permitted in these Airdrop and Staking Terms. Without limiting the generality of the preceding sentence, you acknowledge and agree not to:
a. access or use the Specialized Services in a dishonest, unlawful, illegal, unethical, fraudulent, malicious or manipulative manner, or in any manner inconsistent with these Airdrop and Staking Terms or in any manner which Xterio deems inappropriate;
b. attempt to cheat or hack the Specialized Services or the Tokens;
c. violate applicable laws or regulations in any manner, or cause the Group to violate any law or regulation;
d. infringe, misappropriate or violate any third party rights or proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of Xterio or any proprietary rights of other third parties;
e. access or use the Specialized Services for market manipulation of any sort, regardless of whether prohibited by law;
f. attempt to access or use the Specialized Services or connect to the networks of the Specialized Services through unauthorised, unlawful or prohibited means;
g. attempt to access or use the Specialized Services or connect to the networks of the Specialized Services for unauthorised, unlawful or prohibited means;
h. engage in any activity that involves data mining, scraping or similar data gathering or data extraction methods of data, materials, content or information from our Specialized Services;
i. use any devices, software, virus or code to interfere with the Specialized Services; or
j. fake, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any information, materials or communications you provide to Xterio.
You agree that Xterio has the right to investigate any potential violation of these Airdrop and Staking Terms. If a Participant is found, believed or reasonably suspected to have engaged in the above conduct, or such other conduct that is, in Xterio's opinion, contrary to the spirit and intention of the Specialized Services, Xterio reserves all rights to take actions under relevant regulations or any other actions Xterio deems appropriate without your consent or prior notice.
To the maximum extent permitted by applicable law:
a. the Specialized Services and the Tokens are provided on an "as is" and "as available" basis, and Xterio makes no representations or warranties of any kind, whether express, implied or statutory, including without limitation, any implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, merit, legality or nature of the Specialized Services and Tokens (including without limitation whether the Token is considered a security or financial instrument under any applicable law or regulation);
b. Xterio makes no representations or warranties of any kind, whether express, implied or statutory, that you will be able to access or use the Specialized Services, or that your access or use of the Specialized Services will be continuous, timely, secure, uninterrupted or error-free, be free of defects, software bugs, viruses, malicious codes or other harmful components, will meet your requirements, or be fit for your particular purpose;
c. Xterio makes no representations or warranties of any kind with regard to the accuracy, correctness or reliability of the materials and information in relation to the Specialized Services, your access or use of the Specialized Services, or the Tokens. You hereby acknowledge and agree that you have not relied upon any statement or expression made by any entity or person in the Group, whether written, oral or in some other form, with respect to the Specialized Services, your access or use of the Specialized Services, and the claim, receipt and use of Tokens;
d. in relation to the Airdrop, you agree that Xterio does not guarantee that any Tokens will be distributed to you pursuant to the Airdrop, and that any percentage of Airdrop rewards communicated by Xterio are estimates only. Any reliance on these estimates for decision-making is made at your sole risk, and no responsibility in connection with any inaccuracy of these estimates will be borne by Xterio or any other entity or person in the Group.
To the maximum extent permitted by applicable law, each entity and person in the Group, and the respective suppliers and contractors of each entity in the Group, hereby expressly disclaims its liability to you or to any third party, whether arising from contract, tort (including negligence) or otherwise, arising out of or relating to:
a. any termination, postponement, suspension, abortion or modification of the Specialized Services. You acknowledge and agree that Xterio may terminate, postpone, suspend, abort or modify any Specialized Service at any time in its sole discretion;
b. any failure, malfunction, interruption, virus, bug, code, error, defect, vulnerability, or flaw in relation to or affecting the Specialized Services, your access or use of the Specialized Services, the Tokens, the operations of Xterio, or any other technology associated with the foregoing, due to any reason, including without limitation external cyber-attacks, unauthorized access or activities by third parties, or internal vulnerabilities, defects and flaws in programming or source code, regardless of when such failure, malfunction, breakdown, or disruption occurs;
c. any prohibition, limitation, restriction or regulation, or changes in prohibition, limitation, restriction or regulation, by any governmental or regulatory authority in any applicable jurisdiction, in relation to or in connection with the Specialized Services, your access or use of the Specialized Services, or the Tokens;
d. any prohibitions, limitations or restrictions made by Xterio in relation to the Specialized Services, your access or use of the Specialized Services,, or the Tokens, if the Specialized Services, your access or use of the Specialized Services, or the Tokens become commercially undesirable (in Xterio's opinion) or legally prohibited;
e. any loss or destruction of credentials, passwords or private keys to your wallets;
f. any losses, damages, claims, costs, expenses or liabilities you might incur as a result of your use of the blockchain network or your wallets, including, but not limited to, any losses, damages, claims, costs, expenses or liabilities arising from: (a) user error, such as forgotten passwords, credentials or private keys; (b) server failure or data loss; (c) corrupted wallets; (d) damage to your property (including without limitation, your computer system and other devices) or loss of data that results from your access or use of the Specialized Services, or claim / receipt or use of the Tokens;
g. your access of or inability to access the Specialized Services;
h. any delay or failure to disclose information regarding the Specialized Services;
i. any change in the information relating to the Specialized Services, your access or use of the Specialized Services, the Tokens, and these Airdrop and Staking Terms;
j. any risks associated with your access or use of the Specialized Services and/or your claim / receipt or use of the Tokens; and
k. all other risks, whether direct, indirect or incidental, in relation to the Specialized Services, your access or use of the Specialized Services and/or your claim / receipt and use of the Tokens which are not expressly mentioned in these Airdrop and Staking Terms.
Please note that the Group does not receive or store your wallet password, or its private keys. We cannot assist you with password or private key retrievals. You are solely responsible for remembering, storing and keeping secret your password and private keys.
THIS CLAUSE 7 WILL SURVIVE ANY TERMINATION OF THESE AIRDROP AND STAKING TERMS.
YOU AGREE THAT THE GROUP'S LIABILITY, IF ANY, IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GROUP SHALL NOT BE LIABLE FOR ANY CLAIMS, COSTS, LOSSES, LIABILITIES, EXPENSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND ALL INTEREST, PENALTIES AND LEGAL COSTS, AND ALL OTHER PROFESSIONAL COSTS AND EXPENSES), HOWEVER ARISING OR SUFFERED, AS A RESULT OF OR IN CONNECTION WITH THE SPECIALIZED SERVICES, YOUR ACCESS OR USE OF THE SPECIALIZED SERVICES, OR THE TOKENS, OR THE MATERIALS AND INFORMATION MADE AVAILABLE TO YOU IN RELATION TO THE SPECIALIZED SERVICES, YOUR ACCESS OR USE OF THE SPECIALIZED SERVICES, OR THE TOKENS.
THIS CLAUSE 8 WILL APPLY TO ANY LIABILITY ON THE PART OF THE GROUP, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE RELEVANT PERSON OR ENTITY IN THE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, LIABILITY OF THE RELEVANT PERSON OR ENTITY IN THE GROUP IN SUCH A CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU SHALL INDEMNIFY, RELEASE AND HOLD HARMLESS THE GROUP AND EACH GROUP ENTITY'S SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS AND LIABILITIES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND ALL INTEREST, PENALTIES AND LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER PROFESSIONAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY THE INDEMNITEES ARISING OUT OF, OR IN CONNECTION WITH, (A) YOUR NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR BREACH OR ALLEGED BREACH OF THESE AIRDROP AND STAKING TERMS; (B) YOUR ACCESS AND USE OF THE SPECIALIZED SERVICES; (C) YOUR BREACH OR ALLEGED BREACH OF THIRD PARTY RIGHTS. YOU FURTHER AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE, COST OR DAMAGE INCURRED BY YOU OR BY ANY OTHER PARTY IN RELATION TO THE SPECIALIZED SERVICES, YOUR ACCESS OR USE OF THE SPECIALIZED SERVICES, OR YOUR CLAIM / RECEIPT OR USE OF THE TOKENS.
THIS CLAUSE 8 WILL APPLY TO YOU TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THIS CLAUSE 8 WILL SURVIVE ANY TERMINATION OF THESE AIRDROP AND STAKING TERMS.
You should not construe any information contained herein as financial advice. Nothing contained herein shall constitute an invitation, offer, solicitation, recommendation, or endorsement by the Group to invest, buy, sell or trade in any digital assets or cryptocurrencies. Investing or trading in cryptocurrencies and digital assets involves a high degree of risk. Kindly seek professional advice before making any financial, investment or trading decisions.
These Airdrop and Staking Terms are governed by the laws of the British Virgin Islands. The United Nations Convention on the International Sale of Goods shall not apply.
Any dispute, controversy, difference or claim arising out of or relating to these Airdrop and Staking Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the BVI International Arbitration Centre (BVIIAC) under the BVI IAC Arbitration Rules in force when the notice of arbitration is submitted. The law of this arbitration clause shall be the law of the British Virgin Islands. The seat of arbitration shall be Tortola, British Virgin Islands. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. Neither party shall be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant to the dispute.
You acknowledge and agree that any dispute or claim arising out of or related to these Airdrop and Staking Terms or the Specialized Services is personal to you. To the maximum extent permitted by applicable law, you agree that any proceedings arising out of or related to these Airdrop and Staking Terms or the Specialized Services will be conducted only on an individual basis and not in a class, consolidated or representative action, and further that only individual relief is available.
By accessing or using the Specialized Services, you agree and acknowledge that you will also be subject to the Xterio Privacy Policy found at https://www.xter.io/legal/privacy-policy (together with the Terms of Service, the "Policies"). Further to the Policies, you agree and acknowledge that your personal data may be collected, processed, stored, disclosed or otherwise used by us or may be shared with other partner entities (if applicable) for the purposes of organising, providing, improving, running, administering, facilitating and monitoring the Specialized Services, and for the purpose of improving our and their services.
These Airdrop and Staking Terms and the Policies contain the entire agreement between you and Xterio regarding the Specialized Services and supersede all prior and contemporaneous understandings between the parties regarding the Specialized Services.
Xterio reserves the right to vary these Airdrop and Staking Terms from time to time without notice to you. Please check these Airdrop and Staking Terms regularly for updates. The updated Airdrop and Staking Terms will be effective as at the time of posting, or such later date as may be specified in the updated Airdrop and Staking Terms. Your continued access or use of the Specialized Services will be deemed your acceptance of the updated Airdrop and Staking Terms. In the event of any inconsistency between these Airdrop and Staking Terms or any marketing or promotional materials relating to the Specialized Services, these Airdrop and Staking Terms shall prevail.
Xterio reserves the right to cancel, terminate, modify, halt or suspend the Specialized Services in its sole discretion at any time without prior notice.
You agree that any and all rights of interpretation and explanation of these Airdrop and Staking Terms are exclusively reserved by Xterio.
A failure or delay by Xterio to enforce any clause in these Airdrop and Staking Terms or exercise any right or remedy provided under these Airdrop and Staking Terms or by law or in equity shall not constitute a waiver of that or any other clause, right or remedy.
If any clause, or part thereof, under these Airdrop and Staking Terms is held to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining portion of the clause and the remainder of these Airdrop and Staking Terms shall, to the fullest extent possible, not be affected, and any clause or part thereof found to be illegal, invalid or unenforceable shall be deemed amended in a manner so as to give effect, to the fullest extent possible whilst remaining legal, valid and enforceable, to the intentions behind such clause or part thereof.
All provisions of these Airdrop and Staking Terms which are expressly stated to survive termination or which by their nature are intended to survive termination shall survive termination, including without limitation, provisions in relation to indemnity, disclaimers and limitations of liability.
Save for the Group and the Indemnitees, no third party shall have any rights to enforce any terms contained herein.
Xterio may use certain third-party services in connection with the Specialized Services. Additionally, you may be required to utilize third party products or services (e.g., a third-party provided wallet, network, or blockchain) that Xterio does not control and/or is not affiliated with in connection with your access or use of the Specialized Services. To the extent permitted by applicable law and except as otherwise expressly agreed by Xterio in writing, Xterio is not responsible for their product or services or any underlying logic, decisioning or code underlying the provision of their products or services used in connection with the Specialized Services. You acknowledge and agree that the Group is not liable, and you shall not seek to hold the Group liable, for such third-party products and services, including without limitation your inability to access or use, or a delay in accessing or using, the Specialized Services in the event that such third party products and services are unavailable or if they fail for any reason. You are solely responsible and liable for your access to and use of such third party products and services.
TOKENS MAY HAVE NO VALUE. ADDITIONALLY, CLAIMING/RECEIVING TOKENS, AND USING, TRANSACTING IN, HOLDING, STAKING, PURCHASING OR SELLING THE TOKENS INVOLVE A HIGH DEGREE OF RISK, WHICH MAY OR MAY NOT BE FORESEEABLE. YOU MUST CAREFULLY REVIEW, ACKNOWLEDGE, UNDERSTAND AND ASSUME THE FOLLOWING RISKS, AS WELL AS ALL OTHER RISKS ASSOCIATED WITH THE SPECIALIZED SERVICES AND TOKENS (INCLUDING THOSE NOT DISCUSSED HEREIN). RISKS COULD RENDER THE TOKENS WORTHLESS OR OF LITTLE VALUE. IT IS THE PARTICIPANT’S SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, ACCOUNTING, INVESTMENT, TAX AND OTHER ADVICE IN RESPECT OF THE SPECIALIZED SERVICES AND THE TOKENS PRIOR TO ACCESSING OR USING THE SPECIALIZED SERVICES AND PRIOR TO CLAIMING / RECEIVING TOKENS IN THE AIRDROP, AND USING, TRANSACTING IN, HOLDING, STAKING, PURCHASING OR SELLING THE TOKENS.
- Third-parties could hack digital wallet providers resulting in the loss of Tokens;
- Smart contracts may contain software weaknesses or bugs;
- If your crypto-wallet credentials are lost or stolen or your crypto-wallet gets hacked, your Tokens will be unrecoverable and will be permanently lost;
- the Group cannot recover any stolen or lost Tokens;
- Incorrectly transferred Tokens may be irretrievable;
- Third parties may hack the Specialized Services, Token sale and/or delivery process, any transactions relating to the Tokens, your crypto-wallet or the smart contracts and your Tokens may be lost; and
- There could be problems with the distributed-ledger protocol on which the Tokens are built.