Terms of Use
TERMS OF USE
Welcome to the Questflow website and platform (accessible at https://questflow.ai/ and any associated domains, interfaces or applications) (the “Platform”) and the suite of features, services and applications made available thereon (collectively, the “Services”) and any informational and social content, data, images, videos, media or other form of content made available thereon (collectively, the “Content”)), provided and operated by QF Corporation (the “Company”, “we”, “our” or “us”). These Terms of Use (the “Terms”) govern your access to and use of the Company’s Platform and Services and constitute a legally binding agreement between (i) us and you, and/or (ii) if you are representing an entity, the entity that you are representing (hereinafter referred to as “you” or “your”).
Your use of certain features, products or verticals on the Platform (including Creator tools, the AgentUSD stablecoin and any governance or incentive tokens) may also be subject to additional product-specific terms (the “Additional Terms”). If there is any conflict between these Terms and any Additional Terms, the Additional Terms shall prevail solely with respect to the relevant product or feature.
By accessing and/or using the Platform and any of the Services, you agree to be bound by these Terms and our Privacy Policy which collectively represent the complete agreement between you and us in respect of our Platform and Services and shall supersede any prior agreements between us, whether written or oral. We can modify these Terms at any time.
THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND THE COMPANY AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE SET OF TERMS CAREFULLY.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PLATFORM OR ANY OF THE SERVICES.
1. Eligible Users.
The Questflow Platform is an artificial intelligence (“AI”) enabled agent orchestration, content and community platform whereby users (each a “User”) can register to access and use the Platform (i) as a creator or project operator (“Creator”) to interact with, configure and/or deploy AI Agents (as defined below), and to create, generate, issue, post or publish (i) AI Agent Outputs (as defined below); (ii) Quests (as defined below), and (iii) related content (including research, tools, strategies and prediction or market-related content) (collectively, “Creator Content”), and/or (ii) as a member of the community (“Member”), to access and use Creator Content, interact with Creators and AI agents, and participate in other features made available on the Platform from time to time.
By accessing and/or using the Platform and any of the Services, you must be and hereby affirm that you:
(a) are not prohibited or restricted from accessing the Platform or using the Services available on the Platform by any laws or regulations applicable to you;
(b) are an adult of the legal age of majority in your country or state of residence (whichever is higher). If you are under the legal age of majority, you may not use the Platform; and
(c) are not:
(i) a citizen of, or located in or ordinarily resident in any of the Restricted Jurisdictions (defined below); or
(ii) under the control or ownership of a person that is, subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the BVI government, the United Kingdom government, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
In addition, if you are accessing and/or using the Platform and any of the Services as a Creator, you hereby affirm that you:
(a) have duly agreed to and accepted the applicable Additional Terms (if any), and are compliant with the obligations contained therein;
(b) have duly completed the onboarding and verification processes as may be imposed from time to time; and
(c) are not accessing, using, or assigning the operation or benefit of your use of the Platform to, or on behalf of, any third-parties.
2. Access and Use of the Platform
A. The Platform utilizes various technologies (including without limitation, AI and blockchain and decentralized technologies) to enable you or other users of the Platform (each a “User”) to perform the following activities through the Platform:
(i) As a Creator,
(a) configure, deploy and manage AI agents, clones, tools, workflows or other automated systems that operate on your behalf or in relation to your Creator brand (“AI Agents”);
(b) create, post and distribute Creator Content (including text, audio, video, market or prediction-related content, strategies, research and other informational or utility content);
(c) interact with Members and other Creators through chat, community and collaboration features made available on the Platform (the “Community Features”); and
(d) create, issue, post, publish, and manage Quests;
(ii) As a Member, purchase, access and view Creator Content; interact with Creators, AI Agents and other members via Community Features; and transact with Quests and other Digital Assets supported on the Platform;
(iii) create, link, connect, access and/or utilise a self-custodial digital wallet (whether provided by the Company or by a third-party provider) to or with the Platform (a “Digital Wallet”);
(iv) store locally on your own Digital Wallet(s), tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets"), which may include the AgentUSD stablecoin, and such other governance, utility or native protocol tokens that may be issued from time to time, and other Digital Assets supported on the Platform from time to time;
(v) on-chain minting or redeeming of AgentUSD stablecoins by depositing and swapping stablecoins such as USDC and/or USDT;
(vi) view and track aggregated information and data relating to Digital Assets;
(vii) view information relating to your activity and transactions on the Platform (“Progress Tracking”);
(viii) access or use decentralized applications or protocols, including, without limitation swapping functionalities, prediction markets, trading functionalities, cross-blockchain bridges and Digital Wallets (collectively "Dapp(s)"). For avoidance of doubt, such Dapp(s) may be operated or managed by third parties instead of us;
(ix) participate in the various activities, services and transactions involving Digital Assets through the Dapp(s) as stated above; and
(x) such other features and functionalities that may be added to the Platform from time to time,
More details on the Services provided through the Platform can be found in Section 3 below.
B. To access and use the Platform and some of the Services, you may be required to create, link and/or connect your Digital Wallet, or create and log in with an account on the Platform (each a “User Account”). Certain parts of the Platform may require you to complete and satisfy certain on-boarding verifications or know-your-client (“KYC”) checks, additional access credentials or other specific conditions in order to access or use the Platform. Access and use of the Platform via a User Account, are subject to the following terms and conditions:
(i) When you register an account with your email address or Google account, your use of your email address or Google account is at your own risk, and subject to the relevant email service provider’s or Google’s terms and conditions.
(ii) When required to undergo any KYC checks, you must provide current, complete, and accurate information for all required elements on the registration page or via any third-party service providers (e.g., KYC/KYB information collection and screening providers), including your full legal name and the legal name of your organization. You also agree to provide us, when registering a User Account or where using any feature of the Platform which requires KYC checks (where applicable) and on an ongoing basis, any additional information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime. You permit us to keep a record of such information and authorize us to make the inquiries, whether directly or through third parties, that we consider necessary or desirable to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you understand, acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
(iii) In certain circumstances, we may require you to submit additional information about yourself or your business, provide records, and complete other verification steps.
(iv) You represent and warrant that all information provided to us pursuant to this Agreement is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible.
(v) From time to time we may be required to request further information or review or update existing information regarding your registration or your transactions to comply with applicable laws and regulation, and in some cases, payment network. Failure to provide such information, if requested by the Company, in a timely fashion may result in the suspension of your ability to use the Platform or Services (until you provide such information) or the suspension or termination of your User Account.
(vi) The Company may reject an application to create a User Account, suspend access to an existing User Account, or close a User Account, for any reason under its sole discretion.
(vii) The Company shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. The Company shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of these Terms or any other of the Company’s policies; (c) to protect the Company’s legal rights and remedies; (d) to protect the health or safety of anyone that the Company believes may be threatened; or (e) to report a crime or other offensive behavior.
(viii) You are solely responsible for all activities conducted through your User Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates these Terms is discovered or reported (whether by you or someone else) that is connected with your User Account, the Company may suspend or block your User Account’s access to the Platform, whether for a period of time or indefinitely.
(ix) You agree to pay (where required) for transactions made on or via the Platform (including without limitations, transactions with or made by any AI Agent (as defined below) or any Quests (defined below), or any other payments as required for the use of Services in accordance with all the applicable terms, including these Terms of Use.
(x) You are solely responsible for maintaining the confidentiality and security of your User Account and for restricting access to your User Account and/or devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your access credentials (for example, passwords or biometrics) or from any person's use of your access credentials to gain access to your User Account. You acknowledge that in the event of any unauthorized use of or access to your User Account, access credential or other breach of security, you accept that due to the nature of the Platform, the Company will be unable to remedy any issues that arise, and the Company will not be responsible or liable for the same.
(xi) The Company will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part.
(xii) The Company will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your account.
C. Grant of License. If you accept and comply with these Terms, the Company will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to access and use the Platform subject to the “Restrictions,” set forth in Section 4 below, as follows:
(i) You may access and use applicable Services available on the Platform on one or more computers or mobile devices under your authorized control.
(ii) You may use the Platform for your personal and non-commercial purposes, or, if you are a Creator or acting on behalf of an entity, for your internal business purposes only.
(iii) You may not transfer your rights and obligations to use the Platform.
(iv) Some Services (including Dapps) of the Platform are provided, managed or operated by third party suppliers, partners or licensors of the Platform (“Third Party Providers”) and may be subject to specific requirements or terms and conditions imposed by such Third Party Providers. Please refer to Section 7 below for more information.
D. Open Source Components. The Platform may contain components that are subject to open-source licenses ("OSS Components”). Your access and use of these OSS Components shall be subject to the applicable open-source licenses that apply to and govern such OSS Components.
E. Acknowledgements and Disclaimers. You acknowledge and understand that:
(i) User-Generated and Predictive Content. Some Content on the Platform consists of Creator Content, including research, commentary, predictions, trading or market-related content, and other informational or entertainment content created by Users or generated via AI Agents. Such Content may be incomplete, speculative, inaccurate or outdated, and may reference financial, market or other data that may change rapidly. You are solely responsible for how and where you access or rely on any such Content, and for any decisions or transactions you take based on it. We are not responsible for any loss or damage you suffer as a result of your access to, use of or reliance on any Content.
(ii) Features and Services. The Company offers a number of Services which can be generally accessed through the Platform. Some of the Services may require you to create an account or connect a Digital Wallet and/or may require payment or a subscription to use. Further details of each of the Services, and the terms and conditions applicable to such Services, are provided on the Platform and in these Terms. Your access and use of each of these Services are solely at your own risk, and subject to the applicable terms and conditions for the relevant Service.
(iii) Use of Digital Wallets. To access our Platform and/or Services, you may be required to create a Digital Wallet or connect your own third-party Digital Wallet. We are not responsible or liable for your Digital Wallet or funds held therein, including your access and use thereof. You are solely responsible for the retention and security of your private keys or other security credentials in connection with your Digital Wallet. We shall not be liable in any way for any loss of your funds due to your failure to retain and/or secure your Digital Wallet.
(iv) Digital Assets Risk Disclaimer. You acknowledge and agree that there are inherent risks in your use of the Platform and the Services, including any smart contract or security breaches, fluctuations in the value of your Digital Assets, risks of liquidation or counterparty risks, any communication failures, disruptions, errors, distortions or delays, the risk of hardware, software and Internet connections failure or problems, or malicious software introduction, or the risk that third parties may obtain unauthorized access to your information or Digital Wallet, which may result in the loss of your Digital Assets or access to the Platform and/or Services. By using the Platform and/or Services, you acknowledge and agree to undertake these risks, and you accept that we shall not be liable for any losses or damages arising from or in connection with such risks.
(v) No Reliance on Information. Any information provided or made available on our Platform and/or Services shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, correctness or completeness of such information and is provided only for general informative purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, any available or provided information. We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform.
(vi) No Fiduciary Relationship. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).
(vii) Compliance Checks. We may be required by anti-money laundering or other forms of regulations, and as part of our internal policies, to make age verification checks, background checks or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform or any Services should we be unable to satisfy ourselves that in respect of any background or verification checks.
(viii) Legal and Regulatory Compliance. You are responsible for complying with all laws that may be applicable to or govern your use of the Platform and/or Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission ("SEC"), the Securities and Futures Act and the Payment Services Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Services. You shall not access or use our Platform or Services if it would be illegal, or a violation of any applicable laws or regulations, to do so within your jurisdiction.
(ix) Security. You are solely responsible for properly configuring and using the Platform and the Services and otherwise taking appropriate action to secure, protect, and backup your User Accounts and Digital Wallet and/or your User Content in a manner that will provide appropriate security and protection, which might include use of encryption. If you are not able to be responsible for your own account security, or do not want such an obligation, then you should not access or use the Platform and the Services. Your obligations under these Terms include ensuring any available software updates or upgrades to the Platform and/or the Services you are using are promptly installed or implemented, and recording and securely maintaining any access credentials or passwords that relate to your use of the Platform and the Services.
(x) Management of Platform. We reserve the right to take the following actions in the course of managing the Platform:
1. Suspend or remove Content (including any User Content) that may breach our Terms of Use.
2. We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content (including any User Content) when we become aware it is on the Platform.
3. When we review Content (including any User Content) in accordance with our internal policies, we reserve the right to conduct these reviews with technology tools such as classifiers, and AI and Machine Learning-enabled tools to detect and remove Content that violates our policies.
4. We may use recommender systems by, for example, displaying Creator accounts on your home page that other Users who share preferences similar to yours have chosen to follow.
5. We are not responsible for any loss you claim to have suffered because of any action we take, in accordance with our Terms of Use, to suspend or remove Content.
6. We may suspend or delete User Content and accounts according to our Terms of Use.
7. If your account is terminated, we may deal with your User Content in accordance with our Privacy Policy. You will not be able to access your User Content after your account is terminated.
8. We may review any suspected or alleged misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement agencies in such reviews.
9. We may disclose any information or records in our possession or control about your use of the Platform to third parties in keeping with our Privacy Policy.
10. Other than Creator Content which is owned by or licensed to Creators, we and/or our licensors own all rights in and to the Platform and its entire contents.
11. We are the sole owners of any and all anonymised data relating to your use of the Platform and we can use that data for any purpose permitted by law.
12. We may choose how we communicate with you, including by emails and messages posted to your User Account.
(xi) User Warranties. Prior to your use of the Platform and on an ongoing basis, by using the Platform, or any of the Services or Content made available thereon, you represent, warrant and covenant that:
1. You will not provide any false, inaccurate, incomplete or misleading information while using the Platform, or any Service or Content available thereon, or engage in any activity that operates to defraud the Company, other Users, or any other person or entity;
2. You will not use the Platform or any Service to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
3. Any Digital Assets you use in connection with the Platform or any Service are either owned by you or you are validly authorized to carry out actions using such assets;
4. You access and use the Platform (including any Service or Content available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary;
5. There is a risk of losing your Digital Assets (including without limitation, your funds and cryptocurrency) when using the Platform and/or any Service and that we have no responsibility to you for any such loss;
6. You will not utilise or deposit funds or assets, which originate from criminal or other unauthorised, illegal or illicit activity;
7. You will not utilise or deposit funds or assets, using payment methods that do not belong to you;
8. You accept and acknowledge that the value of your Digital Assets (including any cryptocurrency) can change dramatically depending on the market value, market conditions or any reason whatsoever and you bear the sole risk of such fluctuations;
9. We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform;
10. We may be required by anti-money laundering regulations, and as part of our internal policies, to make background or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform, any Service, or to your Digital Assets (including cryptocurrency and funds deposited via on our Platform should we be unable to satisfy ourselves that your source of funds is legitimate;
11. You will not, and will not attempt to, authorize anyone other than you to access the Platform and any of the Services through your Digital Wallet or User Account;
12. You will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Platform and/or the Services or otherwise act in a manner that may negatively affect other users' experience when using the Platform and Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Platform and the Services;
13. You are sophisticated in using and evaluating blockchain technologies and related blockchain-based Digital Assets, including the blockchain networks, smart contract systems, automated market making protocols, derivative and margin trading, perpetual future contracts, P2P trading and related settlement pools, liquidity pool pricing bonding curves, the concept of pricing slippage, the mechanism of liquidity attribution and the potential of value loss for liquidity providers due to liquidity attribution and dynamic pricing across different liquidity pools. Specifically, you represent and warrant that you have evaluated and understand the use of the Platform and the Services and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of the Company with respect to the Platform and the Services; and
14. You accept and acknowledge all risks associated with the use or access of the Platform or any Services made available thereon, including but not limited to the risks set out in these Terms.
(xii) Circumstances in which we may suspend or delete your User Account and/or Content, or pause and/or withhold Member payments:
1. We may suspend or delete your User Account without cause by giving you thirty (30) days’ written notice at any time.
2. At any time, without warning or notice and for as long as is necessary to review the relevant facts, we may: (i) suspend or delete your User Account and/or your Content; (ii) pause and withhold any payments made by Members, and/or due to Creators which would have been deducted or due during the suspension period; and/or (iii) suspend, refund, or cancel such payments if:
a. we think you have or may have breached the Terms of Use; and
b. we suspect that all or any part of the payments result from unlawful or fraudulent activity, either by the Member who made the payment or the Creator to whom the payment is due.
3. If, based on our review of the relevant facts, we determine that any of the above is true, we may: (i) delete your account and/or your Content; (ii) treat any part of the payments made by you or due to you as forfeited; and/or (iii) refund or cancel such payments. We will notify you when we take any such action.
4. If you do not dispute our decision within six (6) months of notification, you waive the right to dispute the decision. You may dispute any such forfeiture decision by contacting us at [[email protected]].
F. Changes. We may change, add to, modify, remove, suspend, or discontinue any aspect of the Platform and/or Services at any time, and without prior notice or liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Platform or any Services made available thereon without notice or liability.
3. Overview of Services and Features Available on the Platform.
A. Service Availability. The Services are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, operation and any particular application or use. You acknowledge and agree that we may, in our sole discretion, apply changes, replace or discontinue (temporarily or permanently) any part of the Services at any time. We reserve the right to disable or modify access to the Services at any time in the event of a breach of the Terms, including, if we reasonably believe any of your representations and warranties may be untrue, misleading or inaccurate, and the Company will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason.
B. Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform. As part of this process, the Company and/or its authorized third party advertisers may collect standard information that is sent when your personal computer or device connects to the Internet including your Internet protocol (IP) address.
C. Conduct. You shall ensure that your actions, conduct and behaviour in your use of the Platform comply with and abide by all the rules and guidelines imposed by the Company and/or its Third Party Providers. The Company may suspend or block your access to the Platform and/or any Services, whether for a period of time or indefinitely, in the event that you violate or fail to comply with any of such rules and guidelines. For the avoidance of doubt, although we may suspend or block your access or use of the Platform and Services, we will not block or prevent you from accessing your Digital Wallet or the Digital Assets stored thereon, unless legally required to do so by any applicable laws or regulatory, court or governmental order.
D. Identity Disclosure. The details obtained from by the Platform from your connected or linked social media profile may contain details of your real and actual identity. You are solely responsible for the protection of your real and actual identity within the Platform, and any disclosure of your real and actual identity to any other user within the Platform is at your own risk. The Company and/or its Third Party Providers will not be liable or responsible for any disclosure of your real and actual identity by you within the Platform, or any loss, damage or harm arising as a result of such disclosure.
E. AI Agents and AI Agent Outputs
i. AI Agents. The Platform enables the use of AI and other automation technologies to configure, deploy and interact with AI Agents, including agents that operate on behalf of Creators, Members or third parties, or customise and deploy a personalised AI Agent (an “AI Clone”). AI Agents may generate, transform or route content, data, instructions, transactions or other outputs based on your prompts, configurations or other inputs (“AI Agent Outputs”). AI Agents may also interact with external protocols, APIs, payment systems (including x402 or similar “HTTP 402 Payment Required” standards) and Dapps (including without limitation, Polymarket) to perform tasks, including initiating or facilitating transactions in Digital Assets (such as AgentUSD) on your behalf. When you request an AI Agent to create or generate any AI Agent Output, such AI Agent Output shall be considered part of your Creator Content.
ii. Fictional and automated nature. You acknowledge and agree that AI Agent Outputs are generated by automated systems based on probabilistic models, and may reflect fictional, simulated or hypothetical scenarios. AI Agent Outputs do not represent the views of the Company and should not be treated as factual, complete, accurate or tailored advice of any kind (including legal, financial or investment advice). You remain solely responsible for reviewing, verifying and deciding whether and how to act on any AI Agent Outputs.
iii. No guarantees. AI is an emerging technology and the use of AI Agents may result in unintended or unpredictable results. There are no guarantees that AI Agents or AI Agent Outputs will meet any intended objectives or goals, or be suitable or appropriate for your purposes. The use of AI Agents and AI Agent Outputs may be unpredictable, unstable or subject to error, defects, hallucinations, omissions, delays or interruptions. No guarantees are made with respect to the quality, stability, uptime or reliability of any AI Agent or AI Agent Outputs, or that they will be error-free or defect-free.
iv. Risk allocation. The Company and the Platform do not control, and shall not be responsible or liable for, (a) any AI Agent deployed by a Creator or third party, (b) any AI Agent Outputs generated or acted upon by you, a Creator, or any third party, or (c) any transaction, decision or other action you take (or fail to take) based on any AI Agent or AI Agent Outputs. You access, use and interact with AI Agents and AI Agent Outputs solely at your own risk.
v. Licence and restrictions. Any right you obtain to access or view AI Agent Outputs is limited, revocable, non-exclusive, non-transferable and non-sublicensable, and is granted solely for your personal use in accordance with these Terms and any applicable Additional Terms. You may not (a) remove any notices that an output was AI-generated, (b) falsely represent that AI Agent Outputs were created by a human, or (c) re-sell, re-distribute, publicly perform or otherwise exploit AI Agent Outputs except as expressly permitted by the Platform or a separate written agreement with us or the relevant Creator.
vi. Source Data. The AI Agents rely on and uses datasets from (a) datasets provided by the Company; (b) datasets licensed by or sourced from Third Party Providers or publicly available sources; and (c) prompts, inputs, specifications and parameters provided by Users (the “Source Data”). The Company has no responsibility over the Source Data (including without limitation, any defect, error, deficiency or inaccuracy therein). AI Agent Output that you choose to publish, list, or otherwise make available beyond your own private workspace may form part of the Source Data and may be re used and/or adapted by other AI Agents for you or any other User, subject to the Platform’s visibility/sharing settings. AI Agent Outputs you keep private or unlisted will not be made available for such reuse except as necessary to operate, secure, and support the Service. By using AI Agents, you grant to the Company and its affiliates a worldwide, non-exclusive, sublicensable no-charge, royalty-free license to host, copy, process, transmit, display, and create derivative works from (i) your Prompts and Agent configurations and (ii) AI Agent Outputs and related telemetry, solely to operate, maintain, secure, troubleshoot, and improve the Platform (including model/agent evaluation, safety and content moderation), and, where you publish/share any Quests (as defined below), to enable discovery, collaboration, interoperability and reuse by others in accordance with your sharing settings. This license survives termination of this Agreement by any party, for any reason.
vii. Responsibility for Prompts. You are solely responsible and liable for all prompts, instructions, inputs, specifications, parameters, and any other content or information you provide or issue when using or interacting with any AI Agent (collectively, “Prompts”). You must ensure that all Prompts:
1. comply with applicable laws and regulations;
2. adhere to these Terms;
3. do not cause, enable or encourage the misuse, manipulation, exploitation, circumvention, sabotage, or abuse of any AI Agent; and
4. are submitted only where you have the full legal right, authority, and permission to do so.
viii. You acknowledge and agree that you are solely responsible for any and all Prompts and all AI Agent Output generated from your Prompts, and you bear all risks associated with such Prompts and AI Agent Outputs, including any resulting legal or third-party claims. Without limitation to the above, you specifically agree that:
1. Your Prompts must not:
a. infringe, misappropriate, or otherwise violate any Intellectual Property Rights, privacy rights, publicity rights, or other legal rights of any third party or other User;
b. contain, promote, or request the generation of any illegal, abusive, exploitative, offensive, inappropriate, obscene, or otherwise objectionable content (“Objectionable Content”), which includes but is not limited to:
I. content depicting or intended to depict real individuals or minors (under the age of 18 or the applicable age of majority, whichever is higher) in sexually suggestive, mature, or adult contexts;
II. content depicting or requesting photorealistic minors, regardless of context;
III. content promoting, inciting, or depicting:
· child abuse or exploitation;
· sexual violence, domestic abuse, or non-consensual acts;
· the use or distribution of illegal substances or controlled goods (e.g., narcotics, prescription drugs, weapons, explosives);
· impersonation, fraud, scams, or deceptive activities;
· graphic violence, brutal physical harm, or human death;
· bestiality, necrophilia, or similar extreme content;
· any form of “loli,” “lolicon,” “shota,” “shotacon,” or similar stylized content that portrays underage or child-like characters in adult contexts;
· depictions of scatological themes, including feces, excretion, flatulence, coprophagia, or the ejection of objects or lifeforms from an anus;
IV. content that falsely impersonates, misattributes, or misrepresents another creator, individual, or entity, or is falsely labeled as being endorsed by them; or
V. prompts designed to create realistic images, voices, or videos of individuals without consent (e.g., face swaps, AI-generated celebrity porn, synthetic impersonations);
VI. any use that facilitates fraud, scams, or identity theft;
VII. content depicting self-harm, dangerous “challenges” or stunts or suicide;
VIII. content supporting, glorifying, or recruiting for terrorist or extremist organizations;
IX. bounties or requests for the generation of content (including without limitation, deepfakes) depicting identifiable real persons (living or deceased) without their express consent.
2. You shall not use any AI Agent, the Platform or any related services to generate, facilitate, encourage, disseminate or participate in:
I. Insider trading tips;
II. Pump-and-dump schemes;
III. Investment scams; or
IV. Money laundering guidance.
3. You shall not use any AI Agent, the Platform or any related services to generate content relating to, or depicting, political figures, or for any political purpose, campaign, or propaganda (including without limitation, any form of content intended or which may be used for the purposes of influencing any political campaign or elections (including without limitation misinformation) whether directly or indirectly.
4. You must not use, reproduce, distribute, or publicly share the creations, agents, AI Agent Outputs, or Prompts of other Users without their express prior consent. You agree not to interfere with, manipulate, clone, or reverse-engineer any AI Agent.
5. In the event that you become aware that, or have reason to believe or suspect that, any portion of the AI Agent Output (a) infringe or violate the Intellectual Property Rights or other proprietary rights of any third party or other User; or (b) contains any Objectionable Content, you shall stop using such AI Agent Output and inform the Company accordingly.
6. You may not use bots, or other form of automated tools to access, interact with, or use the AI Agents or the Platform except through officially supported APIs, SDKs, webhooks or integrations expressly authorized by the Company.
ix. Privacy of Agent Outputs. You acknowledge and agree that all requests, responses and other data generated by or for any AI Agent within the Platform may be (i) logged and processed within the Platform and/or by authorized service providers to operate and improve the Services; and/or (ii) committed to one or more public blockchain networks where required for coordination and settlement (for example, agent‑wallet interactions and on‑chain payments such as USDC/x402‑style flows). Data written to public ledgers is immutable and publicly queryable, and the Company cannot delete, alter, or prevent third‑party access to that on‑chain data. While the Company may implement client‑side masking, redaction, hashing or other obfuscation techniques, such measures do not prevent technically‑skilled third parties from analyzing or reconstructing on‑chain metadata; therefore the confidentiality of any output, URL, file, prompt or other content recorded on‑chain cannot be guaranteed. Therefore you bear sole responsibility for deciding what information to submit to, or request from, any AI Agent and for any loss, misappropriation or misuse of AI Agent Outputs by third parties, including the unauthorised acquisition of paid-for deliverables from public ledgers or other publicly accessible records; and to the maximum extent permitted by law, the Company shall have no liability for, and you will defend, indemnify and hold harmless the Company, its affiliates and their respective officers, directors, employees and agents from and against, any claim, loss, damage or expense arising out of or related to (1) the public availability of any on-chain AI Agent data or blockchain transaction metadata, or (2) any third-party access to, or use of, such data (whether or not obfuscation or masking was in place at the relevant time).
x. Additional Disclaimers
1. There is no guarantee of availability or uptime of the Platform or any AI Agent. The AI Agents may be integrated with, or may otherwise interact with third party services, products and/or Source Data provided by Third Party Providers. Your use of such third party services, products and/or Source Data may be subject to additional terms, conditions, and policies provided to you by the applicable third party. The Company does not guarantee that such third party services, products and/or Source Data provided by Third Party Providers will be compatible with any AI Agents.
2. By engaging with any AI Agent, you acknowledge that the Platform and any AI Agent by the Company made available through the Platform are provided solely as neutral, technical infrastructure and do not constitute investment advice, brokerage, dealing, exchange, custody or fiduciary services. All investment-related instructions, strategies or transactions generated or executed via any AI Agent are entered into exclusively between you and the relevant Dapp. The Company is not, and shall not be deemed to be, a party to, nor responsible for, any such instructions, strategies or transactions. You will defend, indemnify and hold harmless the Company, its affiliates, and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Platform or any AI Agent to obtain, evaluate or execute any investment strategy or transaction, or any allegation that the Platform, any AI Agent, or any output thereof constituted investment advice, an offer or sale of securities, or a violation of securities, commodities, consumer-protection or other laws.
3. AI systems are probabilistic and may produce inaccurate, incomplete, biased, or unsafe outputs (“hallucinations”). AI agents may behave unpredictably, may misinterpret prompts, and may take unintended actions. If you authorise any AI Agent to initiate transactions, you may incur losses, including irreversible on-chain transfers. The Company does not guarantee the performance, accuracy, or outcomes of AI agents or any content generated by them, nor shall the Company be liable for any hallucinations or other errors or defects by any AI Agent.
xi. The Company may impose limits or throttle your usage of the AI Agents at its sole and absolute discretion, and for any reason whatsoever (for example, to impose reasonable usage limits on each User).
xii. For the purposes of these Terms, “AI Agents” also includes any software, application, system, or module that uses artificial intelligence, including but not limited to machine learning, deep learning, natural language processing, or automated decision-making, to independently or semi-independently perform tasks, make decisions, or generate outputs on behalf of Users. AI Agents may operate with or without continuous User input, and may interact with Users, data, systems, or external services to fulfil designated functions or objectives. For clarity, this includes autonomous bots, recommendation engines, virtual assistants, and similar systems that derive functionality from AI-based models or algorithms.
F. Quests
i. The Platform is a permissionless and decentralised platform whereby, through the use of smart contracts, AI Agents and various other Dapps and software, Creators are able to create, post, publish or issue tasks, quests, information or opinions based on their AI Agent Outputs (collectively, “Quests”). Once issued or posted, Users may purchase, trade and otherwise transact with the Quests.
ii. The featuring or listing of any Quest on the Platform shall not be deemed as an endorsement or the provision of any warranties (whether expressed or implied) in respect of the relevant Quest or its Creator by the Platform or Company. The Company does not independently verify or conduct any due diligence in respect of any Creator or Quests.
iii. In addition:
(a) Creators acknowledge and agree that they create, post, issue, publish and manage Quests solely at their own risk, and it is their sole responsibility to (1) ensure that all Quests created, posted, issued, published and managed by them are compliant with all applicable laws and regulations; and (2) resolve and handle any disputes or issues with Members who transact with their Quests;
(b) Users acknowledge and agree that they purchase, trade and otherwise transact with Quests solely at their own risk, and that in each such transaction, the User is entering into a direct transaction and contractual relationship with the relevant Creator or Dapp(s) (as the case may be), and not the Company, and the relevant Creator or Dapp(s) (as the case may be) is responsible for the resolution of any dispute or issue relating to the relevant Quests;
(c) The Company shall not be liable or responsible to any User or any third party for any losses, damages, liability, expenses or costs resulting from or arising out of or in connection with any Quests or transaction relating thereto;
(d) All disputes and issues relating to any Quest or transaction in respect thereof will need to be resolved directly between the User and the relevant Creator, and the Company and the Platform shall not be responsible or liable for any disputes or issues between the User and the relevant Creator (including the resolution of the same). The Company may (but is not obligated to) assist in the resolution of any disputes or issues between the User and the relevant Creator but such assistance shall not be deemed as an assumption or recognition of responsibility by the Company; and
(e) The Company may remove or terminate any Quests at its sole and absolute discretion, for any reason whatsoever, without any further liability or obligation to the Creator.
iv. All Intellectual Property Rights (as defined below) used by a Creator for the purposes of creating, issuing, posting, publishing and managing any Quests are deemed to be properly owned or licensed by the relevant Creator (the “Creator Content IPR”). The relevant Creator shall be solely responsible for all matters relating to the Creator Content IPR (including without limitation, any dispute, issue or claim of infringement raised by a User or a third party in respect of the Creator Content IPR). Any dispute, issue or claim of infringement relating to the Intellectual Property Rights used by a Creator in respect of that Creator’s Quests should be brought to and resolved by the relevant Creator directly.
G. AI Agent Transactions. The Platform allows Users to place requests through the Quest system for various types of transactions (including without limitation, purchase requests, trading requests, prediction market orders, submitting orders or swaps, approving payments or transfers, interacting with smart contracts or other APIs, triggering actions on third party services and protocols, and/or other transactions to be executed based on various Prompts Users may issue or provide when using or interacting with an AI Agent (“Transaction Requests”). All Transaction Requests will be conducted, processed and fulfilled (where applicable) by relevant Dapps provided by Third Party Providers (including without limitation, Polymarket). The Company and the Platform does not have control over such Dapps provided by Third Party Providers, and the Company and the Platform does not verify and cannot guarantee whether any Transaction Requests can be fulfilled by such Dapps provided by Third Party Providers. All transactions executed pursuant to any Transaction Request are final and irreversible once confirmed on the blockchain or the relevant Dapps provided by Third Party Providers, and we will not be able to cancel, stop, delay or reverse any such transaction. You acknowledge that we have no obligation to, nor will we reverse or refund any transaction even if made erroneously. It is your sole responsibility to verify the accuracy of your Transaction Requests before you submit them. Before submitting any Transaction Requests, please ensure that you fully understand the associated risks, including without limitation:
v. In order for you to place a Transaction Request, the corresponding amount of your Digital Assets needed to fulfil that Transaction Request (for example to make a prediction market order on Polymarket in an amount that corresponds to the Transaction Request) will need to be reserved and locked for the purposes of fulfilling that Transaction Request if the relevant thresholds or parameters are fulfilled. Such corresponding amount of the relevant Digital Assets shall remain reserved and locked until the relevant Transaction Request is fulfilled (in which case the corresponding amount of Digital Assets shall be used to fulfil the Transaction Request), or until the relevant Transaction Request is cancelled/withdrawn or expires (in which case the corresponding amount of the relevant Digital Assets shall be unlocked and usable again). You acknowledge and agree that for the period that a Transaction Request is placed and active, the corresponding amount of your relevant Digital Assets shall be unusable by you regardless of whether it is reflected on the balance of your Digital Wallet.
vi. To facilitate and complete the fulfilment of Transaction Requests, you will need to provide the Company and the Platform with the permission and authority to access and use your Digital Wallet for the purposes of executing the transaction to fulfil the Transaction Requests on your behalf at any point in time, without further action or interaction from you. In this regard, when you place a Transaction Requests, you hereby acknowledge and agree that you are permitting the Platform and the Company, and granting the Platform and the Company authority, to take certain actions on your Digital Wallet on behalf of you, including without limitation, signing and executing the relevant transaction to fulfil the Transaction Request.
vii. While the Company will use and implement commercially reasonable efforts and measures to maintain the security of the Platform, Users acknowledge and agree that there are inherent risks and flaws in the usage of technology and network communications and the transmission of data through the use of the internet. Consequently, there can be no guarantees that the Platform, the Transaction Requests, and any access, use, connection or interaction between the Platform and the User’s Digital Wallet will be secure and the same may be susceptible to security breaches, delays or failures. You acknowledge and agree that the Company and the Platform shall not be liable or responsible to you or any third party for any losses, damage, costs, expenses, liabilities or any other harm arriving from (a) your access and use of the Platform to place Transaction Requests; (b) any transactions or actions taken by the Company and the Platform (whether automated or not) necessary for the fulfilment of the Transaction Requests; (c) any security breach, unauthorized access, security compromise of your Digital Wallet as a result of any access, use, connection or interaction between the Company, the Platform and the User’s Digital Wallet in the course of fulfilling any Transaction Requests.
viii. The Company makes no representations as to network performance, liquidity, or the availability of counterparties or Dapps provided by Third Party Providers for execution of your Transaction Requests. You are solely responsible for reviewing all transaction parameters, before submitting any Transaction Requests. Once submitted, Transaction Requests cannot be cancelled, modified, withdrawn or refunded by the Company. You acknowledge that even if a transaction is executed under incorrect inputs or due to user error, you shall bear full responsibility, and the Company has no obligation to reverse or compensate for such activity. Before entering into any transaction, please ensure that you fully understand the associated risks, including without limitation:
ix. Market risks. Digital assets supported by the Platform are subject to significant volatility. Price fluctuations may occur due to network dynamics, validator behavior, user activity, or other market conditions. We will not be liable to you for any losses incurred from any transactions executed on the Platform.
x. Liquidity risks. Due to insufficient or limited liquidity at times, you may face the risk of price slippage and/or potential delays in any execution of your transactions, or you may find it difficult or impossible for you to execute a transaction (for example, sell or exit a position when you wish to do so). This may occur at any time, including at times of rapid price movements. We will not be liable to you for any losses incurred arising from such liquidity risks (for example, losses suffered from any such price differences, delays in execution or inability to execute a transaction). Any issues or disputes relating to such matters should be resolved between you and the relevant Dapp provided by the Third Party Provider.
xi. Informational risks. Notwithstanding the Company’s efforts, information available as part of the Services may not be accurate, timely, current or complete, and may include technical inaccuracies or typographical errors. Information is subject to change or update from time to time without notice, including information regarding the Company’s Terms or policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform or otherwise as part of the Services are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the Platform or otherwise when using the Services. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.
xii. Transactions are Final and Irreversible. All Transaction Requests once submitted and fulfilled, are irreversible and final, and there are no refunds. You accept all consequences of accessing and using the Platform and the Services, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything to the contrary in these Terms, the Company has no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Platform and the Services for performing transactions relating to Digital Asset.
xiii. Other Financial Risks. Use of the Platform and Services carries financial risks, including the risk of loss. Digital Assets are, by their nature, highly experimental, risky and volatile. The risk of loss in trading Digital Assets, especially entering into perpetual contracts, prediction markets and similar transactions, can be substantial. Use of leverage can magnify any such losses. There are other risks relating to submitting and making such Transaction Requests (including without limitation, liquidation of your transactions or your Digital Assets, funding of payments, and the need to provide additional funds or collateral with your Digital Assets to avoid liquidation or margin calls and other general risks relating to such Digital Asset transactions). You understand that transactions involving Digital Assets can lead to loss of potentially substantially or all of your Digital Assets involved in the transaction. The Company is not and will not provide any advice to you with respect to your transactions with Digital Assets. You should, therefore, carefully consider whether your Transaction Requests are or would be suitable for you in light of your circumstances and financial resources. By accessing and using the Platform and the Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Platform and the Services or any Digital Asset.
xiv. In entering into and conducting transactions on the Platform, you represent and warrant that:
1. you will not utilise or deposit funds which originate from criminal or other unauthorised activity;
2. you will not utilise or deposit funds using payment methods that do not belong to you;
3. you will not withdraw or try to withdraw any funds that do not belong to you; and
4. you fully understand the risks associated with conducting transactions in trading in a peer to peer system and your use of the Platform to conduct such transactions is solely at your own risk, and the Company will not be, and is not, liable for any losses suffered by you as a result of your use of the Platform.
H. Transaction Limits. We may impose certain limits to User Accounts including without limitation:
i. the amount or volume of transactions a User may undertake in connection with that User’s User Account; and/or
ii. the amount or value of funding (whether as Digital Assets or other forms of currency) that a User may transfer into or out of that User’s User Account,
iii. in each case in a given period (e.g. daily). Any applicable limits are shown in your User Account.
We reserve the right to change any such transaction limit that applies to any User Account at any time at our absolute discretion. Any change will be made in our absolute discretion and will be subject to any further conditions that we deem necessary.
I. Minting or Redeeming AgentUSD. Users may mint or redeem AgentUSD through the Platform, via the User’s Wallet. To mint AgentUSD, you may swap supported Digital Assets via the Platform for AgentUSD that are of an equivalent value at the time of transaction, net of transaction fees. The number of AgentUSD that Users will receive is determined by the prevailing underlying conversion or exchange rate at the time of minting and the amount of supported Digital Asset(s) swapped. The minimum swap amount per transaction may be determined and imposed by the Company at its sole discretion. The Company shall have the right to determine and implement any eligibility criteria (including without limitation, whitelisting of a Users’ wallet address) in respect of the minting or redemption of AgentUSD. The minting and redemption process may be subject to a processing period, and may not be instant, and the Company and the Platform or any of its Third Party Providers providing the minting or redemption function shall not be liable to any User for any delay or failure in processing a minting or redemption request. Users mint and/or redeem AgentUSD at their sole risk. For the avoidance of doubt, other than the Platform, the AgentUSD may be listed on or made available for trading on the public market via secondary platforms, and the Company and the Platform has no control or responsibility over such public markets. When you elect to mint (and/or redeem) any AgentUSD through the Platform, any transactions that you engage in will be conducted solely through the Ethereum network and/or such other blockchain network as determined by the Platform. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network or any other applicable blockchain network.
i. AgentUSD is a form of stored value or prepaid access and a payment token for the AI Agents and other features available on the Platform and does not represent a claim, participation interest, economic right, voting right, or other similar right associated with the Company or the Platform. AgentUSD is not designed to intrinsically create returns for holders, increase in value, or otherwise accrue financial benefit to holders.
ii. Any use of the AgentUSD, is subject to these Terms and the Company’s obligations hereunder are conditional on you complying with its provisions. You understand that any violation of these Terms may result in potential consequences, including the possible loss or forfeiture of assets tokenized for AgentUSD.
iii. You understand and agree that you may only mint or redeem AgentUSD if you satisfy any applicable eligibility requirements or criteria issued by the Company, including without limitation, any requirements to successfully pass KYC/AML checks to the satisfaction of the Company or its relevant Third Party Provider.
iv. As a result of the decentralized and open source nature of AgentUSD it is possible that a party unaffiliated with the Company or its relevant Third Party Provider could:
1. create an alternative, equivalent version of AgentUSD either on one of the supported blockchains or on an unsupported blockchain (a “copy”) that operate independently from AgentUSD. Similarly, it is possible that a party unaffiliated with the Company or its relevant Third Party Provider may create an asset and purport that such asset is collateralized by or otherwise incorporates AGentUSD into its design (a “wrapper”). The Platform supports only AgentUSD and is under no obligation to support any copies or wrappers of AgentUSD and assumes no responsibility for any value that might be lost as a result of this lack of support of copies of AgentUSD. No such copy or wrapper should be considered approved, sold, distributed, or promoted by the Company unless explicitly stated.
2. create an alternative version of the blockchain (a “fork”). Note that in the event of a fork of one of the AgentUSD supported blockchains, the Company may be forced to suspend all activities relating to AgentUSD (including minting or redeeming AgentUSD for supported Digital Assets, or sending and receiving AgentUSD) for an extended period of time until the Company has determined in its sole discretion that such functionality can be restored (“Downtime”). This Downtime will likely occur immediately upon a “fork”, potentially with little to no warning, and during this period of Downtime you will not be able to conduct various activities involving AgentUSD. In the event of a fork of one of the AgentUSD supported blockchains, the Platform shall, in its sole discretion, determine which fork it will support, if any.
v. AgentUSD operates on AgentUSD supported blockchains. The Company and the Platform does not have any ability or obligation to prevent or mitigate attacks or resolve any other issues that might arise with any supported blockchain. Any such attacks or delays on any supported blockchain might materially delay or prevent you from sending or receiving AgentUSD, and the Company shall bear no responsibility for any losses that result from such issues.
vi. The Company reserves the right to migrate AgentUSD to another blockchain or protocol in the future in its reasonable discretion. Upon the Company’s request, you agree to take any and all actions reasonably necessary to effectuate the migration of your AgentUSD to another blockchain or protocol identified by the Company. The Company will not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by the parties, which you may suffer, sustain or incur, arising out of or relating to your failure to effectuate such migration of your AgentUSD to another blockchain or protocol identified by the Company.
J. Community Features. We may make available Community Features that allow Creators and Members to interact and communicate with each other within the Platform. In the event that you wish to utilise such Community Features, you may be required to grant the Platform access to your camera, video and microphone functionalities. You shall ensure that you do not post, upload, stream, or otherwise contribute any content (including without limitation, any speech or video) that is unlawful, tortious, defamatory, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.
i. You acknowledge and agree that any User (whether as a Member or a Creator) may use the Community Features to post, chat, send or communicate their views, thoughts, articles, and opinions regarding any subject matter (including without limitation, views and opinions on any Digital Assets, the state of the Digital Asset market and economy, and the economy in general) (“User Opinions”), and that any such User Opinions may not be regarded as, deemed to constitute or be relied upon as, legal, tax, investment, financial, professional or other advice. All User Opinions are subjective opinions only and should be treated as such. You should not rely on any User Opinion in making any decisions to use any Service or in respect of any Digital Asset. You should consult with your own counsel and advisers as to all legal, tax, regulatory, financial and related matters concerning any Digital Asset. Nothing on the Platform (including without limitation any Service, any Content or any information relating to Digital Assets) constitutes an offer (or solicitation of an offer) to buy or sell any Digital Asset, or to participate in any particular trading strategy.
K. Digital Wallets Created via the Platform. You may use the Platform to link or create a Digital Wallet. The Company will not be liable or responsible for the creation of any Digital Wallet by you, and for your access and use of such Digital Wallet. You acknowledge and understand that:
i. The Company does not have control over your Digital Wallet, and cannot be liable or responsible for any activity or transaction conducted via your Digital Wallet, whether initiated through the Platform’s user interface or otherwise.
ii. All actions taken or purported to be taken via your Digital Wallet (including the initiating of, or signing of, any transactions) will be automatically deemed to have been conducted and authorised by you. The Company and the Platform will not be able to verify the veracity or authenticity of such transactions or prevent such transactions from occurring.
iii. In certain circumstances, such as if you lose or forget your password for your Digital Wallet, you will need to use a seed or recovery phrase to access any Digital Assets stored in your wallet (the "Seed Phrase"). You are solely responsible for the retention and security of your Seed Phrase. Your Seed Phrase is the only way to restore access to the Digital Assets stored in your Digital Wallet if you lose access to your Digital Wallet. Anyone who knows your Seed Phrase can access, transfer or otherwise deal with or dispose of your Digital Asset. If you lose your Seed Phrase, you may not be able to access, transfer or otherwise deal with or dispose of your Digital Asset. You acknowledge that certain methods of securing your Seed Phrase, such as storing it as a digital file anywhere, including on your personal device or on a cloud storage provider, increase the risk that your account or Seed Phrase will be compromised. You further acknowledge that you will not share with us nor any other third party any password or Seed Phrase that relates to your use of the Digital Wallet, and that we will not be held responsible if you do share any such password or phrase, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft of a secret recovery phrase that involved intrusion through any means into your personal device or a cloud provider’s data repository.
iv. You acknowledge and agree that we do not store and is not responsible in any way for the security of your Seed Phrase and you agree to hold us, our affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Seed Phrase and cannot access, transfer, use or otherwise deal with or dispose of your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Seed Phrase.
v. Digital Wallets provided by Third Party Providers shall be subject to the terms and conditions of such Third Party Providers. The Company has no control or responsibility over Digital Wallets provided by Third Party Providers.
L. Digital Asset Information. Information relating to Digital Assets (including but not limited to supply, volume, pricing, trends and/or value of such Digital Assets) made available on or through the Platform are obtained and/or sourced from external sources managed by Third Party Providers and has not been independently verified by the Company. The Platform aggregates and publishes publicly available information relating to the blockchain and Digital Assets in a manner and format which we feel is easy to read and understand. Such information is also independently available from other sources—for example, a person may directly review transaction history, wallet activity or wallet / account balances and on a blockchain explorer. In providing information about Digital Assets, the Platform associates or presumes the association of a relevant Digital Asset’s name, ticker, symbol or logo with a specific smart contract deployed to one or more blockchain systems. In making such associations, the Platform relies upon third-party resources which may not be accurate or may not conform to a given User’s expectations. Multiple smart contracts can utilize the same Digital Asset name, ticker. logo or symbol as one another, meaning that the name, ticker, logo or symbol of a Digital Asset does not guarantee that it is the token desired by the User or generally associated with such name, ticker, logo or symbol. Users must not rely on the name, symbol, ticker or branding of a Digital Asset on the Platform, but instead must perform your own due diligence and research, including without limitation, examining the specific smart contract associated with the name, symbol, ticker or branding and confirm that the relevant Digital Asset accords with User’s expectations. Such information shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, quality, origin, ownership or completeness of the information made available on this Platform, and is provided only for general informative purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, the information relating to Digital Assets. We shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the information, nor for the availability of the information.
M. User Created or Uploaded Content. The Platform enables Users to upload, create, generate and display content (including without limitation, images, text, messages, data, information, videos, voice and sound recordings, Creator Content and AI Agent Output) on the Platform (collectively, the “User Content”).
i. You retain ownership over your User Content but you hereby grant the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use for any purpose whatsoever (whether commercial or otherwise) the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and the Company. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights or proprietary rights of any third party.
ii. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. The Company may remove or delete any User Content and any related content or elements from the Platform at its sole discretion (including without limitation, where the Company believes that any User Content is in violation of these Terms).
iii. The Company does not guarantee that it will retain or store any User Content, and the Company shall not be liable or responsible to you or any third party for any inability to access or retrieve your User Content arising from any reason whatsoever (including without limitation, any loss, removal or deletion of User Content). You are solely responsible for retaining backups or copies of your own User Content. You are solely responsible for ensuring that any User Content you submit or upload to the Platform comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your User Content may be used in accordance with our Privacy Policy. The Company always has the right, in its sole discretion, to accept or reject any User Content.
iv. Your User Content is not confidential, and you authorise us to access and view your User Content for our own lawful and personal use, and in accordance with any licenses granted.
v. You are legally responsible for all User Content you upload to the Platform. If you are a Creator and someone else assists you with the operation of your Creator account, this does not affect your legal responsibility. Our relationship is with you, and not with any third-party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Use.
vi. You warrant that each item of User Content you Upload to the Platform complies with the Terms of Use, all other terms and policies incorporated therein, all other terms and policies applicable to your access and usage of the Platform, and all applicable laws.
vii. You are liable to and will indemnify us if any warranty in this section of these Terms of Use is untrue. This means you will be responsible for any resulting loss or damage we suffer.
viii. We are not responsible for, do not control, and do not endorse any User Content on the Platform. We have no direct control over what your User Content may comprise and are not obligated to pre-screen User Content. We reserve the right (but have no obligation to) to pre-screen, monitor, or reuse Content. We reserve the right to remove User Content that violates our Terms of Use.
N. Purchases between Member and Creators. This section applies to transactions between a Member and a Creator (each a “Creator Interaction”) including payments made for Content and related billing and renewal arrangements:
i. Creator Interactions include, without limitation, the following:
1. Pay-to-View: Members can pay to unlock a Creator's full Quest content, strategies, or research.
2. Subscriptions: Members can pay a recurring subscription fee to get monthly access to a Creator's AI Clone outputs and content;
3. Copy Trading: Members can pay to automatically replicate a Creator's AI Clone trading strategies;
4. Tips: Members can reward or direct one-time payments to Creators via tips;
5. Ask the Clone: Members can pay to provide prompts or inputs, or ask questions to a Creator's AI Clone and receive personalized responses
ii. Prices for Creator Interactions are determined and set solely by the relevant Creator, and the Platform and the Company has no responsibility or control over such prices.
iii. Creator Interactions are governed by the Creator Content Purchase Agreement. We may moderate Content and we facilitate Creator Interactions by providing the Questflow Platform, but we are not a party to the agreement between a Member and Creator or any other contract between a User and a Creator, and we are not responsible for Creator Interactions.
iv. When a Creator receives any notice that the Creator Interaction has been confirmed, that Creator must perform their part of the Creator Interaction. Creators agree to indemnify us for any breach of this obligation and are responsible for any loss or damage we suffer as a result of such failure.
v. When you make any payments to a Creator, you purchase the right to, on a pay-to-view basis, access and view a Creator’s relevant Creator Content (the “Content Access Right”) for a subscription period (the “Access Duration”), or to access such other Creator Interaction as is described on the Creator’s page. Your right to access and view such Creator Content (or receive such Creator Interaction) will cease upon the expiration of the Access Duration unless you choose to extend it by purchasing it again, subject always to these Terms and any applicable Additional Terms..
vi. Before entering into a Creator Interaction with a particular Creator, Members must connect their Digital Wallet to their account and then click the relevant confirmation button on the relevant Creator’s account. All payments will be made in such Digital Assets as are supported on the Platform from time to time (which may include AgentUSD and other stablecoins or tokens) (collectively, “Supported Tokens”). By performing the aforementioned action, Users hereby authorise us to process the payment to facilitate and enable the Member to purchase the Content Access Right for the Access Duration (each a “Member Payment”), and to take all steps necessary to complete the transaction (including without limitation, supplying payment information details to a third-party payment provider for the purpose of processing the Member Payments).
vii. The payment provider will take and process immediate payments for the Member Payments made for purchases of Content or other Creator Interactions. You authorise and consent to each of these payments being made and processed through your Digital Wallet.
viii. All Member Payments made are non-cancellable and non-refundable.
O. Creator Monetization and Revenue Sharing.
i. Incentives. The Platform provides a monetization framework to reward Creators for deploying AI Agents and AI Clones to generate content, manage Quests, enter into Creator Interactions, and provide services and value to the Members of the Platform.
ii. Revenue-Sharing Framework. Compensation for Creators is governed by the Platform’s then-current revenue-sharing framework (the “Revenue-Sharing Framework”). This may include direct payments from Members to Creators, Platform-native rewards, or a percentage-based split of Platform generated revenue.
iii. Variable Tiers. You acknowledge that revenue-sharing ratios may vary based on your Creator tier, the specific nature of the Creator Interaction, the extent of your reach or impressions gained, or the underlying monetization model applicable to your Creator Content.
iv. Remittance. By acting as a Creator, you grant the Platform the right to retain its designated portion of all gross revenue generated. All payouts are subject to the Platform’s verification procedures (including without limitation, any audits, accounting or anti-fraud checks or other compliance procedures) and the specific terms set out in the Revenue-Sharing Framework [link].
P. Progress Tracking Feature. From time to time, the Company may provide features that track your progress or record your activity and profile on the Platform as part of the Progress Tracking feature, and to incentivise, and track, your participation on our Platform and in our ecosystem. Such features may include the issuance of points, rewards, benefits and incentives to eligible and/or qualified Users, the granting, allocation or issuance of tiered statuses or programmes (for example, a VIP programme) and/or the conducting or issuance of various challenges, quests, mini-games or other activities that you may be able to participate in. We may also issue rewards, points, gifts or other benefits and incentives at our sole discretion (whether randomly or otherwise). Progress Tracking is provided for your information and entertainment only, and shall not be deemed as having any intrinsic value or entitling you to any reward, status or benefit. Such Progress Tracking may be reset regularly, and changes in the server status (such as server maintenance or server refreshes) may result in your Progress Tracking being reset, unsaved or lost. The Company shall not be liable or responsible to you or any third party in the event that your Progress Tracking is reset, unsaved or lost.
i. As part of the Progress Tracking Feature, and in your use of the Services and the Platform, you may be attributed certain membership tiers, level indicators, points, or other intangible rewards (“Intangible Rewards”). Intangible Rewards are not, and may never convert to, accrue to, be used as basis to calculate, or become any other tokens or virtual assets or distribution thereof. Intangible Rewards are virtual items with no monetary value. Intangible Rewards do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of value. Intangible Rewards are not transferable between users, and you may not attempt to sell, trade, or transfer any Intangible Rewards, or obtain any manner of credit using any Intangible Rewards. Any attempt to sell, trade, or transfer any Intangible Rewards or tokens redeemable for or representing any Intangible Rewards will be null and void. ANY INTANGIBLE REWARDS ARE MADE AVAILABLE “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
b. Third-party Dapps. The Platform may provide you with an interface by which you can access, use or otherwise transact with third party Dapps (such as Polymarket), to participate in activities and the operation of supported protocols or blockchain networks. We do not guarantee the security or functionality of any third-party protocol, software or technology intended to be compatible with the Platform.
4. Restrictions on Use of Platform and Features
A. Restrictions. The Company may suspend or revoke your license to use the Platform or any Services or Content made available thereon if you violate, or assist others in violating, the restrictions and limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do any of the following:
i. Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform or the Services (or any Content made available thereon).
ii. Prohibited Commercial Uses: Exploit or use in a manner for commercial purposes, in its entirety or individual components, the Platform (or any Content made available thereon) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Platform at commercial establishments; (ii) using the Platform to advertise, market, provide or sell any third-party product or service; (iii) performing in-Platform services including, without limitation, account boosting or resource-farming or botting or similar activities, whether in exchange for payment or otherwise; (iv) communicating or facilitating (by text, through the Community Features or otherwise) any commercial advertisement, solicitation or offer through or within the Platform or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, activities within the Platform, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
iii. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist with any of the following activities:
1. exploits; i.e. methods not expressly authorized by the Company (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of any Service or Content in a manner that is unintended by the Company, including exploits of any bugs in any Service or Content in the Platform, and thereby granting you and/or any other User an undue and unfair advantage over other Users not using such methods;
2. bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of your User Account or any Service or Content of the Platform;
3. hacks; i.e. accessing or modifying the software of the Platform (or any Service or Content made available therein) in any manner not expressly authorized by the Company; and/or
4. any code and/or software, not expressly authorized by the Company, that can be used in connection with the Platform, any Service, any Content and/or any component or part thereof which changes and/or facilitates the feature or functionality of the same;
iv. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform (or any Service or Content made available therein); provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
v. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform (or any Service or Content made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform (or any Service or Content made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Company.
vi. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform (or any Service or Content made available therein) or component thereof, or your rights to the Platform (or any Service or Content made available therein) to any other party in any way not expressly authorized herein.
vii. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the social experience for other Users, or disrupt the operation of the Company’s Platform (or any Service or Content made available therein) in any way, including:
1. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Platform (or any Service or Content made available therein) or interfering with, disrupting, negatively affecting or inhibiting other Users from enjoying the Platform or any Service or Content made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Platform, Service or Content made available therein. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
2. Harassment, “griefing,” abusive behaviour or chat, conduct intended to unreasonably undermine or disrupt the Platform experiences of others, and/or any other activity which violates these Terms.
3. Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other similar form of solicitation within the Platform.
viii. Violation of Laws: Access or Use the Platform or any Service or Content provided therein to violate or attempt to violate any applicable law or regulation (including without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs, including, without limitation, the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury's Office of Foreign Assets Controls and any other export control laws).
ix. Violation of Polices: Access or Use the Platform or any Service or Content provided therein to violate or attempt to violate any policies of the Company.
x. Violation of Proprietary Rights: Use the Platform or Services in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights.
xi. Impersonation. Use the Platform, Services or any content that involves falsehoods, misrepresentations, or misleading statements, including impersonating someone.
xii. Circumvention of Security. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Platform, or any Service or Content.
xiii. VPN. Disguise your location through IP proxying, VPN or other methods.
xiv. Circumvention of Content Filtering. Circumvent any content-filtering techniques, security measures or access controls employed on the Platform or any Service or Content) in any manner.
xv. Illegal, Unfair or Manipulative Trading Practices. Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities in any Digital Asset, or taking undue or unfair advantage over other Users, including without limitation:
1. trading at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity, unduly or improperly influencing market prices or establishing a price which does not reflect the true state of the market;
2. trading without changes in material beneficial ownership for the purpose of creating or inducing a false or misleading appearance of trading activity or creating or inducing a false or misleading appearance with respect to market conditions;
3. participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing market prices;
4. transacting in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options or prediction-market transactions, real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions, in each case, if such transactions do not comply with all laws, rules and regulations applicable to the parties and assets engaged therein; or
5. engaging in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including ICOs, DAICOs, IEOs, or other token-based fundraising events;
6. taking advantage of any arbitrage between the Platform and other platforms or service providers;
7. engage in any money laundering, terrorist financing, or other illegal activities; and
xvi. Encourage or enable any other individual to do any of the foregoing.
B. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws").
C. Without limiting the foregoing, you may not use the Platform or any Service or any Content if:
i. a citizen of, or located in or ordinarily resident in any of the Prohibited Jurisdictions as defined below; or
ii. you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial or other sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial or other sanctions regime; or
iii. you intend to supply the Platform or any Service or any Content to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial or other sanctions regime.
D. A “Prohibited Jurisdiction” refers to any of the following:
i. China;
ii. Iran;
iii. North Korea;
iv. Russia;
v. Certain regions of Ukraine including Crimea, Sevastopol and the areas of Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts not controlled by the Ukrainian government;
vi. Cuba;
vii. Yemen;
viii. Sudan;
ix. South Sudan;
x. Libya;
xi. Lebanon;
xii. Malaysia;
xiii. Indonesia;
xiv. Saudi Arabia;
xv. The United Arab Emirates;
xvi. Singapore;
xvii. The United States of America;
xviii. Syria.
E. In addition to the geographical restrictions in Sections 4(C) and 4(D) above, we reserve the right to refuse customers from any other country (collectively, “Restricted Jurisdictions”).
F. Particular Services and Content may also not be available in certain countries due to regulatory, licensing and local restrictions.
G. We may deploy technological solutions (such as geo-blocking) to prevent persons located in Restricted Jurisdictions from registering an account and/or otherwise being able to access, or to use, the Platform or Services. You acknowledge and agree that we will not be responsible to you for, and that you will indemnify and hold us harmless for and in relation to, any losses suffered by you as a result of your attempting to access the Platform or Services from within a Restricted Jurisdiction, including by way of any means designed to circumvent any controls or technological solutions that we may have in place from time to time, and which are intended to prevent or limit such access. You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, examination of your device properties, detection of geo-location and IP masking, transactions and blockchain analysis.
H. By accessing the Platform (or any Service or Content found thereon), and entering into this agreement, you confirm that you are not located in a Restricted Jurisdiction or a jurisdiction in which it is illegal to use the Platform (or any Service or Content found thereon).
I. We reserve the right to terminate or limit any person’s User status or access to or use of the Platform at any time, with or without notice, as determined in our sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that User has engaged or intends to engage in any of the restrictions set out above.
5. Payment, Gas Fees and Taxes
A. You may be charged fees or charges to access or use some of the Services on the Platform, including fees without limitation:
i. Member Payments or other ad hoc payments for transactions made on or via the Platform (including without limitations, transactions with or made by any AI Agent, any Quests or Creator Interactions;
ii. such fees for the utilisation of the Platform (the “Platform Fee”) on all transactions made on or via the Platform (each a “Platform Transaction”). We reserve the right to change or revise the Platform Fee at any time, and any changes or revisions to the Platform Fee will be published on the website and/or be updated within these Terms. It is your responsibility to take note of any changes or revisions to the Platform Fee, and any Platform Transaction conducted by you after the Platform Fee is revised shall constitute your acceptance of such revised Platform Fee. Platform Fees and other charges may be denominated in one or more Supported Tokens (which may include AgentUSD or other Digital Assets supported on the Platform from time to time), as indicated on the Platform at the time of the relevant transaction; and
iii. gas fees or transaction fees charged on the deposit, withdrawal, conversion, swaps or other transactions relating to the Digital Assets carried out via any Services or other fees or charges imposed by Third Party Providers when you use their Dapps (“Third Party Fees”). Where applicable, gas fees are paid to the third parties and/or network of computers that operate the blockchain and/or process the transactions and are not paid to us. Kindly note that such Third Party Fees often fluctuate based on a number of factors, all of which are not under our control, and may therefore change at any time without notice.
B. By using the Services, you agree to pay any such fees or charges (including the Platform Fee and the Third Party Fees) imposed for the use of such Services.
C. Although the Company or the Third Party Provider endeavours to provide an accurate estimate of the final quote, any such information only represents an estimation of the applicable fees or charges (such as the Platform Fee and/or the Third Party Fees), which may vary from the fees or charges actually paid to use the relevant Service and/or interact with the relevant blockchain or any other network with which the relevant Service and the Platform are compatible.
D. Any transactions or payments made through any Service via the Platform will be processed through the blockchain or such other payment gateway or process as may be determined by us or by the relevant Third Party Provider (collectively, the “Payment Process”). We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions made via the Payment Process. You acknowledge that we have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions you made via any Service, including, but not limited to, instances where your payment was not properly processed on the Payment Process or where payment was erroneously made to an unintended recipient. It is solely your responsibility to confirm that your payment for any Platform Transaction has been processed and completed successfully. We do not provide refunds for any fees, payments or Platform Transactions that you might make on or through the Platform.
E. When you make a payment for any Member Payment or any other ad hoc payments, you explicitly agree: (i) to pay the price listed for the purchase of any Content Access Right or the relevant ad hoc payment, along with any additional amounts relating to applicable taxes, Platform Fees and/or Third Party Fees; and (ii) to abide by the terms set out in Section 3(G) above, as well as with any relevant terms of service, privacy policies, or other legal agreements or restrictions (including additional age restrictions) imposed by the relevant Payment Process. We may share your payment information with payment services providers to process payments; and prevent, detect, and investigate fraud or other prohibited activities.
F. All amounts payable by you under these Terms will be paid to us without set-off or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we use commercially reasonable efforts to communicate updated fees and charges through our Platform, or other public channels. We may increase or add new fees and charges for any existing Services you are using by using commercially reasonable efforts to notify Users through our Platform, or other public channels.
G. All payouts under the Revenue-Sharing Framework shall be processed in the currency, frequency, and method designated by the Company. The Company reserves the right to delay, suspend, or cancel any payment if: (i) you fail to satisfy mandatory KYC/AML or "Proof of Personhood" checks; (ii) the transaction is flagged by our any verification procedures (including any anti-fraud, accounting, or audits or other compliance procedures); or (iii) we determine, in our sole discretion, that the revenue was generated through a violation of these Terms or the Revenue-Sharing Framework. You acknowledge that payouts are not final until all internal compliance and verification procedures are successfully completed. Where required, you are responsible for providing accurate payment and identity information to ensure timely processing.
H. You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Platform (including without limitation, any payment made by you to the Platform or any Creator, or any payment made by the Platform to you) (collectively, the “Taxes”). You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction; and will not be entitled to deduct the amount of any such Taxes or amounts levied in lieu thereof from payments (including gas fees) made to us pursuant to these Terms.
6. Ownership of Intellectual Property
A. The Platform and the Services and Content (including AI Agents and any AI Agent Outputs made available by or on behalf of the Company but excluding User Content or Creator Content) contained therein, including any Questflow Trademarks (defined below), media, web applications, mobile applications, software, computer code, metadata, materials, design, text, images, photographs, illustrations, animation, content, text, media files, artwork, graphic material, databases, proprietary information, graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all Intellectual Property Rights therein (all of the foregoing, individually and collectively, the “Questflow Assets”), are our property and/or where applicable, the property of our licensors or suppliers. The Platform may contain materials licensed by third-parties to the Company, and these third-parties may enforce their ownership rights against you in the event that you violate these Terms. Nothing in these Terms shall be interpreted as granting any license of Intellectual Property Rights of the Questflow Assets to you other than as explicitly set forth in these Terms. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Platform. You may not do anything that infringes, violates or misappropriates the exclusive rights belonging to us.
B. Under these Terms, “Intellectual Property Rights” refer to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. “Questflow Trademarks” means any and all logos, trademarks, service marks, and trade dress associated with the Platform, including the “Questflow”, “Quest”, “Tars”, “QF” and “AgentUSD” names or products or service developed by us.
C. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Platform are service marks, trademarks and/or trade dress that belong to us and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by us in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Platform, the Questflow Trademarks or the Company.
D. You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including, without limitation, about how to improve the Platform, the Services or any Content through the email address provided at the end of these Terms or support channels within the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
7. Third-Party Providers And Services
A. The Platform and any Services made available thereon may contain software or services provided by or links to third-party services (“Third-Party Content”). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Content, and you agree that the Company shall not be liable for any loss or damages arising from or in connection with your use of any third-party services. You may be subject to the terms and policies of such relevant third-parties.
B. When you use the Platform and any Service and any Content made available thereon, you may also be using the functionality, application, software or service of one or more Third Party Providers. For example, the operation of any trading, prediction, payment or settlement features relies on smart contracts, blockchains, and computer infrastructure operated by third persons. Your use of those and other third-party functionality, application, software or service (each a "Third-Party Service") will be subject to the privacy policies, terms of service or terms of use and similar policies and terms, and fees of those Third Party Providers. You agree that the Company shall not be liable for any loss or damages arising from your use of or the breach thereof of any Third-Party Service. We have no responsibility for any Third-Party Content or any Third-Party Service that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third-Party Content or to use a Third-Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Content and Third-Party Service at any time without notice.
C. The Platform and any Service and any Content made available thereon may contain links to Third-Party Services (including, without limitation, Dapps), and may leverage or plug into such Third-Party Services to enable certain features. When using a Dapp or other Third-Party Service, you understand that you are at no time transferring your Digital Assets or private keys to us. We provide the Platform (and the Service and/or Content made available thereon) and access to Third-Party Services only as a convenience, and we do not have control over their content, and we do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or functionality made accessible via the Platform or by those Third Party Providers (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about the Platform (including any Content or Service made available thereon) or such linked Third-Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of the Platform and any Service and any Content made available thereon including any third-party website, applications, or resources. When you click such link, we may not warn you that you have left our Platform.
D. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms of use /terms of service and privacy policies of those platforms and related services. We have no control over such social media platforms or related services, and they are deemed Third-Party Services under these Terms.
8. Data Protection and Privacy.
A. In the course of your access and/or use of the Platform or any Service, we may be required to collect, use, disclose and/or process certain data (including personal data) belonging to you. In this regard, we will collect, use, disclose and/or process your personal data in accordance with applicable data protection and privacy laws, and as set out in our Privacy Policy.
9. Limited Warranty and Disclaimer.
A. GENERAL:
i. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM AND ANY SERVICE AND ANY CONTENT (INCLUDING ANY AI AGENT OUTPUT) MADE AVAILABLE THEREON ARE PROVIDED ON AN “AS IS”, “UNDER DEVELOPMENT”, "WITH ALL FAULTS" AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
ii. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES, NOR ITS SUPPLIERS, THIRD PARTY PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (B) THE USE OR THE INABILITY TO USE THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (E) ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (F) HUMAN ERRORS; (G) TECHNICAL MALFUNCTIONS; (H) FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; (I) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (J) INABILITY TO FULLY ACCESS THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON OR ANY OTHER WEBSITE; (K) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; (L) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR (M) ANY OTHER MATTER RELATING TO THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
iii. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE ACCURATE, (IV) THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE SECURE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
iv. THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY DIGITAL WALLETS OR OTHER APPLICABLE BLOCKCHAIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN OR COMPROMISED PASSWORDS OR SEED PHRASES OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON.
B. DIGITAL ASSETS RELATED DISCLAIMERS
i. The Company and the Platform and the Services could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Platform, the Services, decentralised protocols or networks or other applicable blockchain. The Company, the Platform and the Services are not registered or licensed by any governmental or regulatory authority or agency. No such governmental or regulatory authority or agency has reviewed or approved the Company, the Platform and the Services provided thereunder.
ii. You acknowledge and agree that blockchain and decentralized technologies are an emerging technology and progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, Digital Assets, the Platform, and the Services which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Platform and any of the Services you acknowledge and agree to undertake these risks.
iii. You acknowledge and agree that such Digital Assets, blockchain technologies and associated assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the relevant protocol or network or other applicable blockchain. The Company does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any Digital Asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of Digital Assets; the Company does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the Company cannot be held liable for changes and fluctuations in value or increased costs.
iv. The Company is a developer and provider of software. The Company is not a broker, fund management agency, fund manager, financial institution nor is it a dealer or arranger, nor does it operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the Services. All transactions between Users are executed and conducted directly on the Third Party Service via any relevant protocol or network (or other network) addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. CFTC, the federal securities laws and the regulations promulgated thereunder by the U.S. SEC, the Securities and Futures Act and the Payment Services Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Services.
v. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, the Services, any relevant protocol or network or other applicable blockchain for processing transactions, however caused.
vi. You acknowledge and agree that the Platform, and the Services and Contents made available thereon (including any artificial intelligence technologies, and AI Agent Outputs) are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Platform and/or the Services and Content made available thereon and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Platform. Like all software, the Platform and the Services may be subject to exploits. The Company is not and will not be responsible for exploits of any kind. While the Company has taken a number of precautions to maintain the security of the Platform and the Services respectively, this is a nascent technology and it is not possible to guarantee that the software codes or any smart contracts are completely free from vulnerabilities, bugs or errors. You accept all risks that arise from using the Platform and the Services, including, and not limited to, the risk of inaccurate, incomplete or flawed AI Agent Outputs, the risk of any funds being lost due to a failure or exploit of the Platform or any of the Services. You further expressly acknowledge and agree that the Digital Assets, and any relevant protocol or network applications or other blockchain applications can be written maliciously or negligently, that the Company cannot be held liable for your interaction with such Digital Assets applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the Company in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Platform or any Service or Content made available thereon.
vii. Any and all information provided in connection with your access and use of the Platform (or any Service or Content made available thereon), including without limitation any AI Agent Outputs and User Content, should not and may not be construed as legal, tax, investment, financial, professional or other advice. You should not take, and should refrain from taking, any action based on any information contained on the Platform (or any Service or Content made available thereon), or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Platform (or any Service or Content made available thereon) or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).
viii. The following risks are associated with Digital Assets, the Platform, the Services and blockchain based technologies in general: the risk of losing private keys, theft resulting from third parties discovering your private key, value fluctuation of Digital Assets on the secondary market, disruptions to any applicable protocol or network caused by network congestion, lack of usability of, or loss of value with respect to, digital assets due to a hard fork or other disruption to the to any applicable protocol or network, or errors, bugs, or vulnerabilities in the smart contract code associated with a given Digital Asset or transactions involving Digital Assets.
ix. Upgrades, forks or changes to the blockchain or a change in how transactions are confirmed on the blockchain may have unintended, adverse effects. In the event of a change to an underlying blockchain network, or other network disruption, resulting in a fork of the existing blockchain into one (or more) additional blockchains, the Platform and the Services may or may not halt and may stop functioning. In addition, in the event of a fork, transactions on the network may be disrupted, including transactions involving the Platform and the Services.
x. The Digital Asset industry is subject to systemic and systematic risk. Systemic and systematic risks are both threats to the Digital Asset markets and economy, but the cause of these risks and the approaches for managing them are different. Systemic risk is the risk that a company or industry-level risk could trigger a major collapse. Systematic risk is the risk inherent to the entire market, which can be economic, sociopolitical, technological, or natural in origin. These risks can affect the prices of Digital Assets.
10. Limitations of Liability. To the fullest extent allowed by applicable law, the Company, its parent, subsidiaries, Third Party Providers and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform or Services. The Company liability shall never exceed the total Platform Fees paid by you to the Company during the six (6) months prior to your making a claim against the Company, or USD$100, whichever is lower, unless applicable law explicitly disallows this limitation, in which case the Company’s liability shall be limited to the fullest extent permitted by applicable law.
11. Indemnity. You hereby agree to defend and indemnify the Company, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Company arising out of or from any violation by you of these Terms or your misuse of the Platform or Services.
12. Equitable Remedies. You agree that the Company would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Company shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach these Terms; and that the awarding of equitable relief to the Company will not limit its ability to receive remedies that are otherwise available to the Company under applicable laws.
13. Amendments and Variations.
A. Alterations to the Terms.
i. The Company’s Rights. The Company may create updated versions of these Terms (each a “New Terms”) as its business and the law evolves.
ii. New Terms. These Terms will terminate immediately upon the introduction of a New Terms. New Terms will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified the Company of a Dispute. If you do not wish to be bound by a New Terms, you must immediately cease using the Platform and all Services. Your continued use of the Platform or the Services after the Company has published any New Terms constitutes acceptance by you of the New Terms.
14. Term and Termination.
A. Term. These Terms are effective upon your first access and use of the Platform, and shall remain in effect until it is terminated or superseded by a New Terms, or, if neither of the foregoing events occur, as long as you continue using the Platform.
B. Termination
i. The Company reserves the right to terminate these Terms at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most access and usage suspensions and terminations are the result of violations of these Terms. In case of minor violations of these rules, the Company may provide you with a prior warning and/or suspend your use of the Platform due to your non-compliance prior to terminating these Terms.
ii. In the event of a termination of these Terms, you will continue to be able to access and use your Digital Wallet, but you may need to do so through means outside of the Platform (for example, a browser extension). In addition, you will not be able to use the Platform. The Dispute Resolution provisions of these Terms will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
15. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY
A. APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Company agree to submit all Disputes between us to individual, binding arbitration. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and the Company that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Platform (including any Service or Content made available thereon), and all marketing related to them, any licensed content, and all matters arising under these Terms, the Company’s Privacy Policy, or any other agreement between you and the Company, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
B. INFORMAL NEGOTIATION PERIOD. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms, you and the Company agree to first attempt to negotiate any Dispute (except as set out in Section 15.F. below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Notice must be provided within one (1) year of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.
i. Negotiations will begin upon receipt of written notice by the party raising the Dispute. The Company will send its notice to your e-mail address or otherwise contact you via the registered telephone number that you have provided to us.
ii. You will send your notice to the Company at [______].
C. BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Company, containing all of the information referenced above, and your good-faith participation in the Informal Negotiation Period, are prerequisites to commencing arbitration.
i. Any dispute as to any matter arising under, out of or in connection with this Agreement (including but not limited to any question regarding its existence, validity or termination) shall be referred to and finally and exclusively determined by arbitration in Panama at the Arbitration and Settlement Centre of Panama (“CECAP”) in accordance with the Arbitration Rules of the CECAP for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman (or equivalent position) of the CECAP. The language of the arbitration shall be English. The award by the arbitrator shall be valid, final and binding on each of the Parties. The Parties shall have the right to seek interim injunctive relief from a court of competent jurisdiction, both before and after the arbitrator has been appointed, at any time up until the arbitrator has made its final award. The Parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and the Company shall be responsible for their respective attorneys’ fees and expenses.
ii. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. The arbitrator may not consolidate disputes against the Company by other individuals or entities unless the Company expressly consents to such consolidation. These Terms provide no right or authority for any Dispute to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to your individual claim, but to the maximum extent permitted by applicable law, may not award relief against the Company respecting any person other than you.
D. CLASS AND COLLECTIVE ACTION WAIVER. To the fullest extent allowed by applicable law, you and the Company agree that neither you nor the Company may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void. If any portion of these Terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of these Terms shall be given full force and effect. Any Dispute subject to any such portion of these Terms shall be decided by the arbitrator.
E. GOVERNING LAW. Unless these Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of Panama without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This paragraph will be interpreted as broadly as applicable law permits.
F. EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION. You and the Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
i. any Dispute seeking to enforce or protect, or concerning the validity of, any of the Company’s intellectual property rights;
ii. any Dispute related to, or arising from, claims that the other party has committed piracy;
iii. individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis; any claim within the jurisdictional limits of the small claims courts;
iv. enforcement actions pursued through a governmental agency if permitted by applicable law;
v. the Company’s right to seek injunctive relief to preserve the status quo pending or during an arbitration.
Claims excluded from arbitration under this section are subject to the choice of law, forum selection, and jury waiver clauses set forth in these Terms.
16. Data Analytics.
We may collect information from our users through the Platform in order to better understand their needs and usage patterns, which can be used to inform future improvements to the Platform and provide a more personalized experience. Information being collected may include, without limitation, the following:
• Users, pageviews, sessions
• Source (e.g. google, social, direct)
• Time spent on site
• Users info (country, browser language)
17. General.
A. You understand and agree that the Platform may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to any sanctions or export restrictions (including without limitation, U.S. or UN imposed sanctions or export restrictions) and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive sanctions/embargo (including without limitation, U.S. or UN imposed sanctions or embargoes), unless your use of the Platform in such country or region is authorized by applicable law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. or UN sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. or UN imposed based sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by applicable law.
B. The Company may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without the Company’s prior written consent. Your assignment of these Terms without the Company’s prior written consent shall be void.
C. The Company’s failure to enforce a provision of these Terms shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, the Company’s may choose to waive enforcement of a provision of these Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future.
D. Notices.
i. If to the Company:
[______]
ii. If to You. All notices given by the Company under these Terms shall be given to you either through written notice, email, or website blog post.
E. The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
G. These Terms, along with the Company’s Privacy Policy and the Creator Content Purchase Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
H. Any provisions of these Terms that by its construction are intended to survive the termination of such Terms shall survive. This includes, without limitations, Sections 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15 and 17.
Last updated: [___Mar, 2nd, 2026___]
Last updated