Terms of Use

TERMS OF USE AND SALE OF DIGITAL PRODUCTS

Last Modified: 30 May 2024

Once these products have been obtained either by purchasing or acceptance of a gift are the Terms of Use and Sale (the "Terms") are entered into by and between you ("you" and "your") and Promax Digital Lic No. MC 13075, hereafter “EEX” operating under the trade activities, license No: MC 13075 located in Abu Dhabi – U.A.E. (collectively "we," "our" or "us"), and governs (1) the purchase or gifted NFT’s and use of our products, and services purchased or obtained from us or through an authorized reseller or distributor, and (2) the use of our portal/platform/wallet and services (collectively, the "Services.")

PLEASE READ THESE TERMS CAREFULLY THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. By submitting your order or accepting or using products offered through the Website, you acknowledge that you agree to these Terms in their entirety as further provided in Section 1 below.

1. Acceptance

BY CLICKING THE "I ACCEPT" BUTTON OR SIMILAR ATTESTATION WHEN SUCH OPTION IS MADE AVAILABLE TO YOU WHEN MAKING ANY PURCHASE, REGISTERING FOR THE PORTAL, OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE EFFECTIVE AS OF THE DATE OF SUCH ACTION. YOU EXPRESSLY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE CAREFULLY REVIEWED THESE TERMS AND CONDITIONS AND FULLY UNDERSTAND THE RISKS, COSTS, AND BENEFITS RELATED TO THE PRODUCTS, SERVICES, AND ANY APPLICABLE PROJECTS ASSOCIATED WITH A NONFUNGIBLE TOKEN(s), DIGITAL REWARDS OR “ASSOCIATED NFT(s)”. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM (1) MAKING ANY PURCHASE OR RECEIVING A GIFT, (2) USING THE PRODUCTS WHICH MAY BE HARDWARE AND SOFTWARE, AND (3) USING AND ACCESSING THE SERVICES YOU MUST DISCONTINUE ANY RESPECTIVE USE IMMEDIATELY.

The Products e.g., Hardware, Software and Services are intended for users who are at least eighteen (18) years old. Persons under the age of eighteen (18), as well as any Disqualified Persons, are not permitted to use the Products or Services.

You are not authorized to use the Products or Services if there are applicable legal restrictions in your country of residence that would make the (1) operation of the Products or Services illegal, or (2) the access and/or use of the Products and Services illegal. It is your sole responsibility to ensure that your use of the Products and/or Services, is not prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected in any way by any applicable Law in your country of residence or domicile. In addition, you are not authorized to use the Products or Services if you are:

1. A citizen, domiciled in, resident of, or physically present / located in Afghanistan, the Balkan Region, Belarus, Burma, Cuba, Democratic Republic of Congo, lran, lraq, North Korea, Sudan and South Sudan, Syria, Zimbabwe, Central African Republic, Lebanon, Mali, Nicaragua, Somalia, Venezuela, Yemen, and in some circumstances the United States of America and/or Russia or the Crimea, Donetsk, and Luhansk regions (each an "Excluded Jurisdiction").
2. Where you are a corporate body: (i) which is incorporated in, or operates out of, an Excluded Jurisdiction, or (ii) which is under the control of one or more individuals who is/are citizens of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction.
3. An individual or corporate body: (i) included in the consolidated list published by the United Nations Security Council of individuals or entities subject to measures imposed by the United Nations Security Council accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list; or (ii) included in the United Nations Lists (UN Lists) or within the ambit of regulations relating to or implementing United Nations Security Council Resolutions listed by MAS and accessible by https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial-sanctions/lists-of-designated-individuals-and entities and https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial-sanctions/regulations-for-targeted-financial-sanctions; or an individual or corporate body who is otherwise prohibited or ineligible in any way, whether in full or in part, under any Law applicable to such individual or corporate body from possessing, operating, or accessing the Products, or Services.

If you are not authorized to use the Products, or Services under this Section 1, you are deemed a "Disqualified Person" under these Terms.

2. Definitions

Any capitalized terms provided herein has the following meanings:

1. "Action" has the meaning set forth in Section 14.1.
2. "User Data" means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you by or through the Hardware, Software, and/or Portal. User Data does not include Resultant Data.
3. "Disputes" has the meaning set forth in Section 17.
4. "Disqualified Person" has the meaning set forth in Section 1 above.
5. "Documentation" means NFT ownership or end-user documentation relating to the Products, Services and/or Portal that EEX provides or makes available to you in any form or medium which describes the functionality, components, features, or requirements of the Products, including any aspect of the installation, configuration, integration, operation, or use of the Products, Services and/or Portal with any applicable Project associated with an NFT.
6. "Excluded Jurisdictions" has the meaning set forth in Section 1 above.
7. "Fees" has the meaning set forth in Section 3.3 below.
8. "Hardware" means a physical electronic hardware device, capable of running Software and/or operating NFT’s or holding or interacting with NFT’s.
9. "Harmful Code" means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, middleware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent any purchaser or gift receiver of our Products or Services from accessing or using the EEX Portal as intended by these Terms.
10. "Indemnitee" has the meaning set forth in Section 14.3.
11. "Indemnitor" has the meaning set forth in Section 14.3.
12. "Intellectual Property Rights" means all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights Laws, and all similar or equivalent rights or forms of protection, in any part of the world.
13. "JAMS" has the meaning set forth in Section 17.
14. "Law(s)" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction.
15. "Losses" means all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
16. "Maintenance Release(s)" means any update, upgrade, release, or other adaptation or modification of the Software, including any updated Documentation, that we may provide to you from time to time, which may contain, among other things, error corrections, enhancements, improvements, or other changes to the user interface, functionality, compatibility, capabilities, performance, efficiency, or quality of the Software, but does not include any new version of the Software.
17. "Open-Source Component(s)" means any software component that is subject to any open-source license agreement, including any software available under the GNU Affero General Public License (AGPL), GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Apache License, BSD licenses, or any other license that is approved by the Open-Source Initiative.
18. "Open-Source Licenses" has the meaning set forth in Section 4.3.
19. "Portal" has the meaning set forth in Section 9.1.
20. "Project NFT" means an NFT associated with a real-world asset Project to stake either tokens or the NFT itself, and earn rewards, associated with a specific Project.
21. "Resultant Data" means data and information related to your use of the Hardware, Software and/or Portal that is used by EEX in an aggregate and/or anonymized manner, including to compile statistical and performance information related to the provision and operation of the Hardware, Software and/or Portal.
22. "Services" has the meaning set forth in the Preamble.
23. "Software" means the executable, object code version of the software (A) pre-loaded on the Hardware, (B) the software made available to you to install on your personal computer or laptop, or otherwise on a third-party server (e.g., AWS), (C) any Project NFT, and (D) any Maintenance Releases provided to you pursuant to these Terms.
24. "Terms" has the meaning set forth in Section 16.
25. "Tokens" means the cryptocurrency generated because of utilizing the Software and/or Hardware in accordance with these Terms.
26. "Warranty Period" has the meaning set forth in Section 12.1 below.
27. "Website" means a website offered by us or our authorized resellers that link to or otherwise require the agreement with these Terms.

3. Purchase Terms

1. Orders and Acceptance. You agree that any order to purchase an NFT, receive an NFT gift or use hardware, and/or software, or all services is an offer under these Terms. All orders must be accepted by us, or we will not be obligated to complete the sale or release the gift. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of your order.
2. Fees. Are anything excluding the current price of applicable Products, Services and/or Access Rights, if applicable to the EEX Products and/or the EEX Dapp Portal.
3. Payment Terms. We accept payment for Products and Services using only the accepted cryptocurrencies or tokens identified in the Order section of the Portal or by Credit Card through our Payment Gateway partner Promax Easy Pay.
4. Cryptocurrency Payment – Payment of accepted cryptocurrencies and project rewards will be at the rates equivalent to the comparative U.S. Dollar value of such cryptocurrency, or project rewards, at the time of the purchase.
5. Accuracy of Payment Information –You represent and warrant that (a) the payment information, including any related digital wallet information for transactions you supply to us are true, correct and complete; (b) you are duly authorized to use such payment information to make a purchase; and (c) you will pay charges incurred by you at the posted Fee prices, including shipping and handling charges and all applicable taxes, if any, incurred at the time of your order.

4. Security Measures Intellectual Property Rights

Subject to and conditioned on your payment or acceptance of your gift of the NFT’s respective Purchase Price and any associated Fees for the applicable Products and Services, and further conditioned upon the compliance with these Terms, hereby grants to you a non-exclusive, non-sublicensable, and non-transferable use of the NFT Products and Services to stake your NFT(s) you selected, Purchased, or received and agreed to any associated Fees to participate in, on the purchased Products, gifted Products, Purchased Rights and/or in order to stake the NFT software on your personal computer, personal laptop, or a third-party server.

Hosting Access Rights. Subject to your compliance with these Terms, if you Purchased a Product or accepted a free gift, it is hosted on the relevant blockchain and further EEX Dapp hereby grants to you a limited, non-exclusive, revocable, non-transferrable, non-assignable, right to access the services in accordance with this Section 4.2. in accordance with this Section 4.2. Hosting of your NFT(s).

Open-Source NFT’s. The NFT software includes Open-Source Components licensed for use with our software. Any use of the Open-Source Components by you is governed by, and subject to, the terms and conditions of the applicable open-source license(s).

Security Measures. The Products, and Services may contain technological measures designed to prevent unauthorized or illegal use. You acknowledge and agree that the EEX Products may use these technological measures and other lawful measures to verify your compliance with these Terms and enforce the rights, including all Intellectual Property Rights, in and to the Products Purchased and Services Accessed namely the EEX Dapp Portal.

Use Restrictions for the Products and Services. Except as these Terms expressly permit, and subject to Section 4.3 with respect to Open-Source Components, you shall not:

Subject to 4.6 below, copy the software products or services, in whole or in part; modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of any software or services; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the software or services to any third party; reverse engineer, disassemble, decompile, decode, or adapt the software or portal, or otherwise attempt to derive or gain access to the source code of the software or services, in whole or in part; bypass or breach any security device or protection used for or contained in the software, services, or documentation; input, upload, transmit, or otherwise provide, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code; remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, terms of the documentation, warranties, disclaimers, or intellectual property rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to any copy of the software, portal, or documentation; use the software or portal in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable Law; use the software or portal for purposes of: (i) benchmarking or competitive analysis of the software or portal; (ii) developing, using, or providing a competing software product or service; or (iii) any other purpose that is to the portal’s detriment or commercial disadvantage; and use the software, portal, or documentation in any manner or for any purpose or application not expressly permitted under these Terms.

Limited right of staking our NFT’s for applicable use to stake on a personal computer, personal laptop, or third-party server. If you intend to run the respective products and services independently using a personal computer, personal laptop, or third-party server, EEX hereby grants you a limited right to stake a limited number of NFT’s such as product and service on the applicable personal computer, personal laptop, or third-party server, if applicable.

Intellectual Property Rights. You acknowledge that: The product(s) or rights to use the service through the portal, must be verified by documentation proving your prior purchase or gift minting in connection with these terms of sale and acceptance of free gifts and any ownership interest in or to the NFT, or in any related intellectual property rights therein.

The purchaser or free gift recipient is the sole and exclusive owners of all right, title, and interest in and to the product or NFT, including all intellectual property rights relating thereto, subject only to the rights of third parties in open-source components and the limited rights in the product(s) granted to you under these Term; and you hereby unconditionally and irrevocably assign to EEX designee, your entire right, title, and interest in these limited rights of third parties and to any intellectual property rights that you may now or hereafter have in or relating to the products, services and access rights to the portal resulting data (including any rights in derivative works or patent improvements), whether held or acquired by operation of U.A.E. Law, contract, assignment or otherwise.

No Implied Rights. Except for the limited rights and product use is expressly granted under these terms, nothing in these terms grants, by implication, waiver, estoppel or otherwise, to you or any third party, any Intellectual property rights or other right, title, or interest in or to any of the software, code and/or portal, or documentation or registration.

5. Community Guidelines

Users of the EEX products are a community, and certain third-party, unrelated services like Discord, Telegram, Instagram, X and others are used to help our users connect and engage in discussions. These guidelines provided in this Section 5 explain what is and isn't allowed when engaging with our community through any such third-party services. Without limiting the foregoing, such third-party services may have their own community guidelines or acceptable use policies, which shall in no way supersede these guidelines applicable to your use of our products and services.

Respecting Users:

• Do not harass others or organize, promote, or participate in harassment.
• Do not organize, promote, or participate in hate speech or hateful conduct.
• Do not make threats of violence or threaten to harm others.
• Do not use Discord for the organization, promotion, or support of violent extremism.
• Do not share content that violates anyone's intellectual property or other rights.
• Do not disparage the EEX Products or our portal, vendors, or affiliates.
• Honesty; No Misrepresentations.
• Do not share false or misleading information (otherwise known as misinformation).
• Do not coordinate or participate in malicious impersonation of an individual or an organization (including EEX Products).
• Do not make threats of violence or threaten to harm others.

6. Suspension and Termination Rights

EEX may, directly or indirectly, suspend, terminate, or otherwise deny your access to the services, including the portal, and ability to stake any projects for rewards, without incurring any resulting obligation or liability, if: (i) EEX receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires EEX to do so, or (ii) EEX believes, in its sole discretion, that (A) you have failed to comply with any part of these Terms, or (B) you are, have been, or are likely to be involved in any fraudulent, misleading, or unlawful activities related to or in connection with the use of the Products and Services. This Section 6 does not limit any of EEX other rights or remedies, whether at Law, in equity or under these terms.

7. Maintenance Releases

During the terms EEX Products and at EEX sole discretion following the period, EEX will provide you with all maintenance releases (including updated documentation and/or registration verification) that we may, in our sole discretion, make generally available to its NFT holders. There may be an additional charge to validate and reconfirm title of such virtual assets and/or renewal of such virtual assets. All maintenance releases provided by EEX to you are deemed material so you may stay informed as to proper operation of your purchased or gifted product(s). You will install all maintenance releases as soon as practicable after receipt, if applicable. You do not have any right hereunder to receive any new versions of the products and/or services unless explicitly approved by EEX that is associated with EEX products and EEX reserves the right, in its sole discretion, to release from time to time with or without notice to the NFT holders.

8. Digital Wallet

The digital wallet used in the services is partially an open-source component. Such digital wallet has a public key and a private key. You will be provided the private key and will alone have access to such private key. EEX does not store your private key in any reasonably accessible manner and cannot help you retrieve your private key if you lose such private key. You have the sole responsibility to maintain, in your fully secure possession, the credentials for accessing your digital wallet, including the private key for your digital wallet.

9. EEX Product(s) and Dapp Portal

Portal. Use of the product(s), and earning any rewards further requires the creation and maintenance of an account for our EEX product Dapp (such dashboard herein referred to as the access to the "Portal"). EEX hereby grants you a non-exclusive, non-transferable right to access and use the portal during the term in accordance with the terms and conditions herein. Such use is limited to your internal use with your products and/or our software or however the configuration may be.

Changes to the Portal. EEX reserves the right, in its sole discretion, to make any changes to the portal that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of the portal and its related services to its buyers; or (ii) the portal's cost efficiency or performance; or (b) to comply with applicable U.A.E. Law.

Portal Use Restrictions. Use restrictions of the portal are set forth in Section 4.5 above.

Portal Account. To make use of any purchased product(s), you will need to create an account, including providing a verifiable email address and creating a unique password. You are responsible for your account activity, including unauthorized activity. You must safeguard the confidentiality of your account credentials, including your username and password. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

User Data. The portal, connected through your established account and connected to the NFT software and will process user data. As between you and us, you are and will remain the sole and exclusive owner of all right, title, and interest in and to all your user data, including all intellectual property rights relating thereto, subject to the rights and permissions granted herein. You represent, warrant, and covenant to EEX that you own or otherwise have and will have the necessary rights and consents in and relating to the user data so that, as received by EEX and processed in accordance with these terms, they do not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or violate any applicable Law. You hereby irrevocably grant all such rights and permissions in or relating to user data as necessary or useful to EEX to enforce these terms and exercise EEX rights and perform EEX obligations hereunder. Any user data collected or otherwise processed by EEX will be processed in accordance with EEX product(s) use and privacy at [email protected].

10. Delivery

Title and Risk of Loss Shipment. We will arrange for delivery of purchased or gifted products to you, electronically or otherwise. You will be reasonable to pay all shipping and handling charges specified, if applicable during the ordering process, if any. Shipping and handling charges are reimbursements for the costs we incur in the processing, handling, packing, shipping, and delivery of your order, when and if applicable.

Title and Risk of Loss. Title and risk of loss passes to you upon our transfer of the products to the end user or the authorized reseller. Delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in delivery timing after purchase or acceptance of free gifts, if applicable.

11. No Returns or Refunds

The purchase price with respect to the product(s) and services, including any applicable fees to mint and/or operate the NFT’s are non-refundable, and we do not accept any returns for any reason, except as otherwise may be required under applicable U.A.E. Law. All sales are final no matter if processed through a third-party payment company such as our payment processing partner Promax East Pay.

12. Limited Warranty; Disclaimers

Limited Warranty. The EEX products for a period of twelve (12) months from the date of activation ("Warranty Period"), such products and services shall be free from material defects in material and workmanship. Our responsibility for defective products is limited to repair or replacement as described in Section 12.2 below.

Limited Warranty Remedy. With respect to any defective software during the warranty period, we will, in our sole discretion, either repair or replace such NFT software (or the defective part) free of charge. We will also pay for shipping and handling fees to replace the NFT software to you, if applicable. To obtain warranty service, you must email our user service department at [email protected] during the warranty period. The remedies described above are your sole and exclusive remedies and our entire liability for any breach of the limited warranty provided in Section 12.1 above.

Project NFT Associated Project Disclaimer. AN NFT ASSOCIATED PROJECT IS A PROJECT THAT ALLOWS YOU TO EARN PROJECT REWARDS FOR ACTING AS A PARTICIPATING VALIDATOR. THE SUCCESS OF ANY PROJECT RELATED TO THE NFT REWARDS HARVESTING, THE UNDERLYING TRANSACTIONS, AND TOKENS GENERATED, AND THEIR VALUE, ARE NOT CONTROLLED IN ANY WAY BY EEX SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM YOUR HARVESTING OF ANY REWARDS ASSOCIATED WITH A PROJECT. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE RISKS AND EVALUATING THE PLATFORM AND ANY ASPECTS OF THE PROGRAM. FOR BASIC INFORMATION ABOUT POTENTIAL RISKS, PLEASE REVIEW SECTION 12.7 BELOW.

Disclaimer Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12.1 ABOVE, ALL NFT SOFTWARE, AND SERVICES OFFERED BY US, INCLUDING ANY HOSTING AND THE PORTAL ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE, THE DISCLAIMER IN THIS SECTION 12.4 MAY NOT APPLY TO YOU. EEX SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA LOSS RELATING TO ANY USER DATA AND SHALL HAVE NO OBLIGATION TO BACK-UP ANY SUCH USER DATA.

DIGITAL WALLET DISCLAIMER. EEX HAS NO CONTROL OVER YOUR DIGITAL WALLET AND CANNOT GUARANTEE THE SECURITY OF ANY SUCH DIGITAL WALLET. CONTINUED STORAGE OF ANY REWARDS OR TOKENS OR OTHER DIGITAL ASSETS IN THE DIGITAL WALLET PROVIDED WITH THE NFT SOFTWARE OR ANY OTHER DIGITAL WALLET YOU MAY TRANSFER TOKENS OR DIGITAL ASSETS TO, IS DONE SO AT YOUR OWN RISK. IN THE EVENT OF ANY LOSS, HACK OR THEFT OF ANY HARVESTED REWARDS, TOKENS OR OTHER DIGITAL ASSETS FROM YOUR DIGITAL WALLET, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RIGHT(S), CLAIM(S) OR CAUSES OF ACTION IN ANY WAY WHATSOEVER AGAINST EEX FOR SUCH LOSS, HACK OR THEFT OF ANY SUCH DIGITAL ASSET.

Inherent Risk of Cryptographic Systems. You hereby acknowledge and assume the risk of using the NFT software and Portal the inherent risks of blockchain technologies and project rewards and Tokens, including:

Many market, technological and legal forces are outside the exclusive control of EEX cryptocurrencies such as Tokens, blockchain technology, and other associated and related technologies are not exclusively controlled by EEX and adverse changes in market forces, including but not limited to, amendments to regulatory or intellectual property Law, technological advancements, decreases in token or cryptocurrency or cryptographic token utility, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of the cryptocurrency protocols may affect the value of any project rewards and/or rewards tokens.

The application of blockchain technology is novel and untested and may contain inherent flaws or limitations. Blockchain is an emerging technology that offers new capabilities which are not fully proven in use. Risks associated with the blockchain technology could affect the financial performance of any project rewards, including the market for blockchain assets generally.

The success of any respective project requires interest from many validators and/or other network participants. The success of any applicable project rewards relies on a significant number of parties willing to act as validators and/or supporters or other participants of the network. There is no guarantee however, that enough individuals will continue participate in the blockchain associated with a specific project or the rewards token(s).

No one is contractually or legally obligated to continue to participate in any applicable blockchain and may cease participation if they determine that such participation is no longer beneficial, if they are prevented from doing so by government or regulatory agencies, or for any other reason. If participants cease to continue supporting the respective blockchain for a certain project token, such blockchain may be unable to function and the value of underlying tokens may decline or decrease to zero.

Tokens are not insured. Tokens are not insured by any governmental or regulatory entity. In the event of loss, or the loss of the utility value of tokens, you will have no recourse (and shall never have recourse against EEX in accordance with these Terms) unless you have obtained private insurance for such respective tokens.

There is no guarantee that any tokens will hold value or increase in value. tokens and other cryptocurrencies are highly speculative, and any increase in value of respective project tokens is contingent upon numerous circumstances, many of which (including legal and regulatory conditions) are beyond EEX control. There is no assurance that any project token will increase in value, or that applicable project tokens will have any value or liquidity when you acquire them.

The tax treatment of the tokens is uncertain and there may be adverse tax consequences. The tax characterization of project tokens is uncertain, and holding tokens may result in adverse tax consequences.

Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrency, and other virtual assets items is uncertain, and new regulations or policies may materially adversely affect the value of any project tokens generated using the NFT software.

Distributed Ledger Technology risk. There are risks associated with using Internet and distributed ledger or other blockchain based products, including, but not limited to, the risk associated with NFT software, and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your digital wallet or account.

Third-Party Services. We do not control third-party services or products like the underlying blockchains that the greater EEX ecosystem runs on, the digital wallets, or other third-party products that you may be interacting with that may be integral to your ability mine and store tokens. Such third parties may experience system outages or other technological events that disrupt your ability to use the NFT software, including staking tokens, during such disruption.

No Investment Advice. EEX is acting solely as a technology services provider and does not provide any investment, tax or other advisor services regarding tokens, projects, or otherwise.

Applicable Law. The use of the NFT software is subject to all applicable Laws. EEX reserves the right to make changes to its policies, operational guides, procedures, and protocols, including any changes to documentation and/or software, as necessary to comply with U.A.E. Law. NFT buyers are not making an investment into the underlying projects, EEX, NFT software owners, affiliates, or parents. License, ownership or use of available hardware, software and/or services does not represent or constitute a right or stake, share or security, debt, or equivalent right, or any right to receive any revenue or form of participation in EEX its products or any third-party partners associated with any products made available. Digital rewards produced by each license are not considered legal tender and are not backed by any government, thus the rewards have very few regulatory protections and are not insured against theft or loss by agencies. This industry is new and comes with risks, including, but not limited to exchange rates, willingness of others to exchange fiat currency for the digital rewards, and consequently could decrease in value or hold no value at all.

13. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

14. Indemnification

EEX Indemnification of You. EEX shall indemnify, defend, and hold you harmless from and against any and all Losses incurred by you resulting from any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at Law, in equity, or otherwise, ("Action") by a third party that the Software or Documentation, or any use of the Software or Documentation in accordance with these Terms, infringes or misappropriates such third party's US Intellectual Property Rights. This Section 14.1 does not apply to the extent that the alleged infringement arises from: combination, operation, or use of the Software in or with, any technology (including any software, hardware, firmware, system, or network) or service not provided by EEX or specified for your use in the Documentation; modification of the Software other than: (a) by EEX in connection with these Terms; or (b) with EEX’s express written authorization and in strict accordance with EEX written directions and specifications; use of any version of the Software other than the most current version or failure to timely implement any Maintenance Release, modification, update, or replacement of the Software made available to you by D.E.B.T., use of the Software after EEX notice to you of such activity's alleged or actual infringement, misappropriation, or other violation of a third party's rights; negligence, abuse, misapplication, or misuse of the Hardware, the Software or Documentation by or on behalf of you, your representatives, or a third party; use of the Hardware, Software, Services, or Documentation by or on behalf of you that is outside the purpose, scope, or manner of use authorized by these Terms or in any manner contrary to EEX instructions; events or circumstances outside of EEX commercially reasonable control (including any third-party hardware, software, or system bugs, defects, or malfunctions); or third-party claims or Losses for which you are obligated to indemnify EEX pursuant to Section 14.2.

Your Indemnification of EEX. You agree that you shall indemnify, defend, and hold harmless EEX and its affiliates, and each of its and their respective officers, directors, employees, agents, subcontractors, successors and assigns from and against any and all Losses incurred by you resulting from any Action by a third party: that any Intellectual Property Rights is or will be infringed, misappropriated, or otherwise violated by any use or combination of the Software and/or Portal by you with any hardware, software, system, network, service, or other matter whatsoever that is neither provided by EEX nor authorized by EEX under these Terms and the Documentation; and relating to facts that, if true, would constitute a breach by you of any representation, warranty, covenant, or obligation under these Terms; relating to your negligence, abuse, misapplication, misuse or more culpable act or omission (including recklessness or willful misconduct) with respect to the Software, Portal, or Documentation or otherwise in connection with these Terms; or relating to your use of the Software or Portal that is outside the purpose, scope or manner of use authorized by these Terms or the Documentation, or in any manner contrary to EEX instructions.

Indemnification Procedures. Each party shall promptly notify the other party in writing of any Action for which such party believes it is entitled to be indemnified pursuant to Section 14.1 or Section 14.2. The party seeking indemnification (the "Indemnitee") shall cooperate with the other party (the "Indemnitor") at the Indemnitor's sole cost and expense. The Indemnitor shall promptly assume control of the defense and investigation of such Action and shall employ counsel of its choice to handle and defend the same, at the Indemnitor's sole cost and expense. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any Action on any terms or in any manner that adversely affects the rights of any Indemnitee without the Indemnitee's prior written consent, which shall not be unreasonably withheld or delayed. The Indemnitee's failure to perform any obligations under this Section 14.3 will not relieve the Indemnitor of its obligations under this Section 14, except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced because of such failure.

15. Goods Not for Resale or Export

You represent and warrant that you are buying the Hardware, Software, and Services from Us for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations outside the Excluded Jurisdictions and will not be provided to any Disqualified Person.

16. Term

This agreement shall commence on the day you accept these terms and shall continue for so long as you use the Hardware, Software, and/or Services (the "Term").

17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. In consideration for our provision of the Hardware, Portal, and Software to you, you and EEX each agree that any and all disputes or claims arising under, out of, in connection with, or related to your use of the Hardware, Portal, Software, or these Terms in any fashion, or the subject matter, negotiation, performance, termination, interpretation, or formation of the agreement resulting from your acceptance of these Terms, (a "Dispute") must be resolved exclusively in binding arbitration. However, a party may assert a claim in small claims court, if the asserted claim qualifies and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. These Terms, including the right to Arbitrate, is intended to be broadly interpreted and the Federal Arbitration Act governs the enforcement of these Terms to arbitrate.

For any Dispute with EEX you agree first to contact us at [email protected] and attempt to resolve the Dispute with us informally. In the event that we do not resolve a Dispute informally, we each agree to resolve any Dispute (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") pursuant to its Comprehensive Arbitration Rules and Procedures and shall be conducted in DIFC, unless otherwise agreed to in writing by the parties. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights.

18. No Class Action; No Jury Trial

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19. Miscellaneous

Severability. Every provision of these Terms will be construed, to the extent possible, to be valid and enforceable. If any provision of these Terms is construed or held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed severed from these Terms, and all other provisions will remain in full force and effect. Governing Law. These Terms and any dispute arising out of these Terms, shall be governed by and construed in accordance with the Laws of the United Arab Emirates, without giving effect to any choice or conflict of Law provision or rule (whether of the U.A.E. or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than those of the U.A.E.

Entire Agreement. These Terms, together with the Terms of Use, our Privacy Policy, and any amendments and any additional agreements you may enter with us in connection with the use of the Website, Hardware, Software, or Portal, constitute the entire agreement between you and us.

Waiver. Our failure at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at Law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. Our waiver of any default will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.

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