Terms of Service

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE SITE AND PLATFORM AND ACCESSING THE DIGITAL PRODUCTS OFFERED BY OUR COMPANY OR OTHER USERS. BY USING THE SITE AND PLATFORM AND ACCESSING THE DIGITAL PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS.

2. Introduction

2.1. These Terms apply to the Site and the decentralized AI platform where the collaboration between AI Developers, Data Providers, Consumers and infrastructure providers facilitates the creation and use of new intelligent algorithms and services.

2.2. These Terms apply to any individual or legal entity that entering the Site, that provide access to AI software via the Service, individuals and legal entities that provide access to data via the Service, individuals and legal entities that provide access to infrastructure via the Service and individuals and legal entities that obtain access to AI software, data or infrastructure via the Service. Unless otherwise specified, “You”, “Your” or “Yourself” refers to site visitors, AI Developers, Data Providers, Infrastructure Providers and Consumers.

2.3. By using the Site or the Platform, by registering to use the Service, accessing the Service or providing access to any AI software, data and/or infrastructure via the Service, You agree and acknowledge that You have read all of the Terms of Service of these Terms, You understand all of the Terms of Service of these Terms, and You agree to be legally bound by all of the Terms of Service of these Terms. You also hereby agree to enter into a contract with Us and to comply with and be bound by these Terms, along with any amendments thereto and any operating rules or policies that may be published from time to time by Us. This legal document is a valid and legally binding agreement between You and the Company.

2.4. You should read the entire Terms carefully before You use the Site, the Platform or any of the Services. If You do not agree to any of these Terms You are forbidden to use the Site, the Platform and the Service.

2.5. No information contained in or on, and no part of the below mentioned shall constitute part of these Terms, and no representations, warranties or undertakings are intended or purported to be given by the Company in respect of any information contained in or on, or any part of:

• the finalized, published and adopted version of the Openfabric Token Whitepaper (accessible at the Site) or any other documents published on the Site;
• all the official social media channels of the Company, including Twitter, Facebook, LinkedIn and the official Telegram channel, as well as any other channels elected by the Company at any time (collectively referred to as “Channels”).

2.6. The Company reserves the right to change or modify any of the Terms of Service contained in these Terms (or any policy or guideline of the Company) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site and/or posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by the Company. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Service following the Notice Period will constitute Your acceptance of such changes or modifications. You are advised to review these Terms whenever You access the Service and at least every 30 days to make sure that You understand the Terms of Service that will apply to Your use of the Service.

2.7. By signing these Terms of Service, You affirm Your complete and unreserved consent to the entirety of the text contained within these Terms. The Company does not make any representations or warranties, whether express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the platform or the information, data, or related materials found on the platform for any purpose. Your use of the Site is solely at Your own risk.

2.8. You acknowledge and agree that the Platform, as well as all associated intellectual property and moral rights, are the exclusive property of the Company. You further agree, represent, warrant, and undertake not to hold the Company liable for any claims or liabilities that may arise.

2.9. We uphold the intellectual property rights of others. It is our policy to address any claim asserting that content created using the Service or on the Website infringes on the copyright or other intellectual property rights (” Infringement”) of any individual or entity. If You are a copyright owner or authorized representative thereof, and You believe that copyrighted work has been reproduced in a manner that constitutes copyright Infringement, please forward Your claim via email to [email protected], with the subject line: “Copyright Infringement”.

3. Privacy

3.1. You acknowledge that the privacy policy (made available on the Site at https://www.openfabric.ai/privacypolicy) ( the “Privacy Policy”), is an integral part of these Terms, and by using the Site, the Platform and the Service, You also agree that You have read, understood, and accepted the terms of the Privacy Policy.

3.2. The security of Your data is important to us, but no method of transmission over the internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your personal data, We cannot guarantee its absolute security and We do not take any liability in case of security breaches.

3.3. The Company processes personal data with due diligence and implements appropriate technical and organizational security measures. The Company disclaims liability for the protection of personal data pertaining to any type of Site user who utilize the Service. Additionally, the Company disclaims liability for the content and regulations concerning personal data protection and privacy on Other Websites, including those referenced by links. The Company shall not be held accountable for damages resulting from browsing other websites or posting personal data or other information on them. Users are advised to review the rules regarding personal data protection and privacy on other websites, including those referenced by links, before utilizing them, particularly before disclosing their personal data or other crucial information.

3.4. You will be solely responsible for promptly providing all information, approvals, authorisations or data needed for the Platform to provide the Services, as well as all information needed for the User to use the Platform and information and User Content uploaded by the User into any part of the Platform. The User will be responsible and liable for the accuracy and completeness of all such User Content and information. The User will also be responsible for ensuring that all data and User Content or any information provided by the User comply with applicable law, and obtaining all necessary rights to upload, use, and provide the foregoing.

4. Service

4.1. The Company’s Platform provides the Service, which enables:

• AI Developers develop and deploy AI solutions, algorithms, code and software, capable of solving demanding problems ( “AI Software”) to the Consumers. Each AI Software offering includes a description, its associated price, and other related Terms of Service;
• Data Providers who own the relevant data that can be used during the process of AI training (“Data”) to share the Data on the Platform to the Consumers. Each set of Data offering includes a description, its associated price, and other related Terms of Service;
• Infrastructure Providers rent the execution environment to run AI Software (“Infrastructure”) to the Consumers. Each individual Infrastructure offering includes a description, its associated price, and other related Terms of Service;
• The Consumer to use the Platform to get AI Software, Data and Infrastructure as a working system toward solving a particular business problem (“Solution”) and carrying the expenses for the Solution.

4.2. The company’s Services are limited to the provided access to the Platform. The services or the data provided on the platform is the sole responsibility of the providers. In order to use those Solutions, Consumers must acknowledge all of the legal documents of the Solution provider.

4.3. Solution providers acknowledge that it is their sole responsibility to comply with all applicable laws and regulations in order to provide access to the Solution for the Consumer.

4.4. The Company’s responsibility for the Consumer acts and behavior is limited to the access of the Platform, Company is not responsible for the way Consumers use the Solution.

4.5. Subject to the entirety of these Terms, We grant to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable permit to access/use certain parts of the Platform and Platform Services. You shall not attempt any access to/use of any part of the Platform or Platform Services beyond that/those clearly and unequivocally authorised and intended by Us.

4.6. The services are provided by the company on an “As is” And “As available” basis. The company makes no representations or warranties of any kind, express or implied, regarding the operation of the services, or the information, content, or materials included therein. You expressly agree that Your use of the services, their content, and any services or items obtained from us is at Your sole risk. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components, or that the services or any services or items obtained through the services will otherwise meet Your needs or expectations. The company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

5. Registration

5.1. In order to access the Service, AI Developers, Data Providers, Infrastructure Providers and Consumers must register with the Company by connecting the third party providers Crypto wallet under Your name and completing the registration forms, if applicable via the Site (“Account”). You will not be able to engage in any transactions or Services other than through authorized digital wallets. You understand and accept that access to Your Account is restricted to the wallet owner only. You agree not to sell, rent, lease, or give access to Your Account to anyone. You must provide accurate and complete information to register an Account.

5.2. You agree that You are solely responsible (to us and to others) for the activity that occurs under Your account.

5.3. While the Crypto wallet is necessary to use the Platform, the Company is not promoting nor having any interests or other contractual or non-contractual business relationships with Crypto wallet service providers, even if such are indicated as a registry method on the Platform. You register and use Crypto wallet at Your own risk and discretion. Crypto wallet use is not Companies responsibility and Company makes no guarantees and/or warranties connected to the Crypto wallet service usage.

5.4. The Site has two types of registrations of the user, who can register on the Platform in such ways as:

• Consumers. In order to be registered as a natural person Consumer You have to connect one of the Crypto wallet services indicated on the Site registered under Your name. After connecting the Crypto wallet You have to provide Your full name and e-mail and receive the access to the Platform in order to use Solutions represented by the Company or other type of users on the Platform. If You wish to be registered as an legal entity representative You have to create an Consumer organization profile on the Platform under Your company name, provide all of the necessary information about Your legal entity, requested on the Site and register as a natural person entity representative/-s on the Platform by aforementioned instruction;
• Developers, data providers and infrastructure providers. If You wish to be registered as an developer, data provider or infrastructure provider You have to create an applicable organization profile on the platform under Your company name, provide all of the necessary documentation of Your legal entity under AML/KYC rules, requested by the Company and register as a natural person entity representative/-s on the Platform by aforementioned instruction applicable to Consumers.

5.5. You agree to:

• provide accurate, current, and complete information as may be prompted by the registration forms via the Site (” Registration Data”);
• maintain the security of Your account password;
• maintain and promptly update the Registration Data, and any other information You provide to the Company, to keep it accurate, current, and complete; and
• accept all risks of unauthorized access to the Registration Data and any other information You provide to the Company.

5.6. You agree that:

• as a natural person, You are of sufficient age and capacity under the applicable laws of the jurisdiction in which You reside and the jurisdiction of which You are a citizen to register and to use the Site, the Website and the Service; or
• as a legal entity, You are legally permitted to represent the entity, the entity is established and validly existing under the applicable laws of the jurisdiction in which the entity is incorporated with sufficient legal capacity to register and to use the Site, the Website and the Service;
• You shall use the Services, the Site and the Platform only in accordance with applicable laws, these Terms and in the context of legally and morally acceptable manner;

5.7. The Company may, at any time, and in its sole discretion, deny You the option to open an Account, limit the Account that You may establish and maintain, or suspend any transaction pending our review of any information submitted by You.

5.8. Upon full registration, You submit an offer to enter into a contractual relationship with the Company based on these Terms. Agreement between You and the Company is concluded with the confirmation of the registration by the Company. Upon successful completion of the registration process, the Company will establish Your Account.

5.9. You are responsible for safeguarding the passwords You use to access the Service and agree to be fully responsible for activities or transactions that relate to Your Account or password. You must notify the Company immediately, if You learn of an unauthorized use of Your Account or password.

5.10. The agreement is entered into for an unlimited period of time.

5.11. The creation or use of an Account without obtaining our prior express permission will result in the immediate suspension of any such Account, as well as all use of Service. Any attempt to do so or to assist others (former registered users or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such users being terminated, without derogating from any other remedy to which the Company may be entitled for such a violation and the Company may take further actions against You.

5.12. You are required to notify us immediately of any unauthorized use of Your Account or password, suspected compromise of Your login information, or any other breach of security, by email addressed to [email protected]

5.13. We may terminate the Account of anyone who does not comply with our verification or security requests, or otherwise violates the foregoing rules, and such individual may be held liable for losses incurred by the Company or by any third party due to their non-compliance and/or violation of rules.

5.14. The Company reserves its right to terminate Your account and/or restrict the access for its own reasons without an obligation to explain the reason of the termination.

5.15. Responsibility for Third Party Acts. Your Account is for Your personal use only, and not for the use or access by any third party. In any event, You are fully responsible for all acts or omissions of any third party accessing and/or using Your Account.

5.16. You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. In addition, You warrant not to use methods to conceal the location from which You access the Site and that You will disclose to the Company Your accurate and true location. Should the Company determine in its sole discretion that the activity on Your Account is suspicious or related to any prohibited activity or illegitimate operation, the Company may cancel or suspend Your Account, block any outstanding transactions, deny any new transactions, and/or freeze any funds available on Your Account.

5.17. You agree to receive promotional and/or informational emails from us to the email address You provided in Your Account. Such emails will be canceled upon Your request presented in any such email, when applicable.

5.18. You acknowledge and agree that, in connection with Your use of the Services through Website, You shall be responsible for the following, at Your own cost:

• Obtaining all necessary hardware, software and communication services necessary for Your use of the Website and/or Application in accordance with the Terms;
• Installing antivirus or other mobile security software on Your device to protect against any security or other vulnerabilities which may arise in connection with Your use of the Website and/ or Application in accordance with the Terms.

5.19. Without prejudice to the foregoing, the Company assumes that any and all instructions received from Your device on the Website or in the Application have been made by the rightful owner. You are solely responsible and liable for keeping Your device safe and maintaining adequate security and control of Your username, password and shall be likewise solely responsible for any access to and use of Your account on the Website and/ or in the Application through Your device, notwithstanding that such access may have been affected without Your knowledge, authority or control.

6. Payments

6.1. Every payment of a fee, transfer or transaction on the Site pertaining to the Platform and the Service described herein shall be made in proprietary cryptocurrency of the Company, named the “Openfabric Token”.

6.2. Openfabric Token is a Company issued utility token that can be purchased or exchanged on the applicable third party service. Company is not liable for Your purchase or exchange of the token, You must acknowledge the terms of the token sale or exchange of the service provider.

6.3. Non-Provision of Wallet Service. A program application that stores private and public keys and interacts with applicable cryptocurrency blockchain network(s) to enable users to send and receive cryptocurrencies and monitor their balance is a “Cryptocurrency Wallet”. The administration of a Cryptocurrency Wallet—whether by physical device or paper, local software, online host or otherwise—and its provision as an interface for users to control access to their cryptocurrency, manage their cryptocurrency keys and wallet addresses, track their cryptocurrency balance, or execute transactions with their cryptocurrency is a “Wallet Service”. You understand and accept that:

• Company is not a Wallet Service provider, nor does it act as a provider of a Wallet Service or provide any utility or function of a Cryptocurrency Wallet whatsoever;
• We may recommend or refer You to a Wallet Service administered by a third-party provider (“Third Party Wallet Service”), however, the use of such Third Party Wallet Service shall be at Your sole discretion;
• The Terms of Service and privacy policy applicable to Your use of a Third Party Wallet Service shall be the Terms of Service and privacy policy of the relevant provider of such Third Party Wallet Service;
• Company shall not be liable in any way in connection with Your use of a Third Party Wallet Service.

6.4. We charge fees for the Service. Additional Company fees are calculated and taken into account in the final price. Fees are described and available here and on the Site for each particular Solution, AI Software, Data or Infrastructure. We reserve the right to change the fees at any time and at our sole discretion. It is Your responsibility to review the amended fees as described in these Terms and on the Site. Your continued use of the Site and the Platform following the posting of a notice of fee changes signifies that You accept and agree to the changes.

6.5. Fees that are charged when any transaction and/or use of Service is established, divide into:

• Service fees, as described on the Site and the Platform for each Solution, AI Software, Data or Infrastructure specifically, which are transferred to the respective Provider;
• Company fees, which are calculated upon the amount of Service fees, which are transferred to the Company.

6.6. Ownership of Your Wallet Address. You guarantee to use and provide an address to a Cryptocurrency Wallet for cryptocurrencies (“Wallet Address”) owned by You exclusively and which is under Your sole and full control, for the purpose of executing any transaction, including:

• Providers receiving a payment for their provision of AI Software, Data or Infrastructure to the Wallet Address to which the Openfabric Tokens shall be transferred;
• Consumer paying for the specified Solution by providing a Wallet Address where Openfabric Tokens shall be transferred from;
• any returns of Openfabric Tokens upon any cancellation or refund made by the Company in their sole discretion, as described below.

6.7. The Company reserves the right to deny processing any order, or cancel any pending transaction if:

• required to do so by law, regulation, competent court order, or other competent authority;
• the Company considers any such order or transaction to be in conflict with any risk management policy the Company has, or as violating any provision of these Terms, or applicable law or regulation;
• it exceeds any limit which may apply to the number or volume of transactions in any given period, in accordance with Company’s policies, as may be amended from time to time, or any other applicable laws and regulations; or
• such a transaction places the Company’s operation, good name, or reputation at risk.

6.8. In addition, We may contact You to obtain additional files or submissions, obtain proof of current location, or other relevant information in attempts to avoid declining a transaction, although We are not required to do so under any circumstances. Your compliance with any information request in connection with any transaction does not guarantee or require that such transaction will be executed; execution of any transaction shall be at our sole and exclusive discretion. Whenever We decline a transaction for any reason, We will transfer the Openfabric Tokens that We received from You back to You in accordance with Your instructions; in order to provide such returns, subject to the Terms of Service contained herein, We will request that You provide a Wallet Address to which We will transfer the Openfabric Tokens. However, We reserve the right to decline transfers to such Wallet Address and require You to provide an alternative Wallet Address at our sole reasonable discretion. If You neglect or refuse to provide a Wallet Address that is acceptable to us, as determined in our sole reasonable discretion, We may take any additional actions available to us under these Terms or other applicable laws and regulations with respect to such transaction.

6.9. Providers. The Providers shall be paid based on the following schedule:

• the AI Developer shall be paid for the use of the AI Software on a per-execution basis;
• the Data Provider shall be paid for the use of the Data each time their datasets are downloaded;
• the Infrastructure Provider shall be paid for the use of the Infrastructure on a per-execution basis, in accordance to the amount of hardware resources being utilized.

6.10. The Consumer shall send the funds needed for the access to desired Solution, containing the AI Software, Data or the Infrastructure of the specific Provider to the Platform beforehand. Upon the Consumer acquiring the access to desired Solution, containing also the AI Software, Data or the Infrastructure of the specific Provider in a specified time-frame, the funds which they send to the Platform shall be distributed proportionally to the Provider, subtracted by the transaction fee of the Company.

6.11. Notwithstanding any terms to the contrary in these Terms, the Providers acknowledge and agree that Company will use reasonable effort to maintain the proper working of the Platform regarding the fees and their distribution, but the Company is not responsible for any delay or failure to distribute the Provider’s fees because of any force majeure, lag, network difficulties, network service or power outage, bug, malicious code or any other reason outside the reasonable reach and power of the Company (including, but not limited to, any damages that arise out of, result from, are attributable to or are in any way incidental to such failure or delay).

6.12. Consumer. The pricing terms for each Solution access and use are set forth on the Site and the Platform for any such Solution. All payments must be made in Openfabric Token, which shall be bought by other cryptocurrency, credit or debit card via an authorized Company payment processor.

6.13. Company will charge the Digital Wallet provided by the Consumer via the Service in advance and in accordance with the chosen Solution.

6.14. Each Consumer hereby authorizes Company the Digital Wallet address provided via the Service by such Consumer in accordance with the Site and Platform prices of the Solutions, and such Consumer represents and warrants that such Consumer is authorized to use and have fees charged to the credit/debit card number or Digital Wallet provided to the Company. The Consumer understands that it may withdraw such authorization by contacting the Company at [email protected].

6.15. Cancellation and Refund Policy. The Consumer acknowledges that executed transactions are non-cancelable and final. Consumers cannot change or reverse any transaction - whether completed or pending. The company does not accept any returns or provide refunds for the purchase of Solutions, except for the cases described below in Sub-Article 6.16 below.

6.16. Notwithstanding the above, the Company may cancel and refund the Consumer if:

• the Solution was not delivered or not delivered in a timely-manner after the funds were sent to the Platform and locked, which is in final and sole discretion of the Company. Upon such recognized failure of provision of the Solution, the funds shall be unlocked on the Platform and returned to the Consumer;
• the Company in its sole discretion, without any obligation whatsoever, endeavors to comply with a request from the Consumer to cancel or refund a transaction on their Account. Subject to applicable law and regulation, in the event the Company cancels or refunds a purchase order, the Company will refund such funds to the Consumer minus any costs or expenses incurred with regards to such refund, including without limitation any charges, gas fees and/or payment processing charges.

6.17. No Liability for Errors. You acknowledge that the Company will not be liable for any error with respect to the instructions You provide, including without limitation erroneous Wallet Address.

6.18. No Guarantee of Value or Liquidity. You understand and accept the risks involved in buying and selling with cryptocurrency, and specifically Your obtaining of any Service on the Site and Platform with Openfabric Token, including the fact that the Company cannot guarantee that the Openfabric Token will have, at any time in the future, certain value (if any) or market liquidity. There is no guarantee that You will be able to sell the Openfabric Token to any third party at a later time, and in no event will the Company be obligated to purchase from You any Openfabric Token, whether bought from the Company or otherwise.

6.19. Assumption of Risks of Losing Access to Openfabric Tokens due to Loss of Private Key/s, Custodial Error or User Error. A Cryptocurrency Wallet is necessary to acquire, hold and dispose of Openfabric Tokens. You hereby understand that You are responsible for setting up the Cryptocurrency Wallet with a third-party provider to hold the Openfabric Tokens and are solely responsible for implementing reasonable measures for securing the Cryptocurrency Wallet. Accordingly, loss of requisite private key/s associated with the Cryptocurrency Wallet holding the Openfabric Tokens will result in the loss of such Openfabric Tokens and any other cryptocurrencies and/or tokens held within. Moreover, any third party that gains access to such private key/s, including by gaining access to login credentials of the Cryptocurrency Wallet that You use, may be able to misappropriate Your Openfabric Tokens. Any errors or malfunctions caused by or otherwise related to the Cryptocurrency Wallet that You choose to receive and hold the Openfabric Tokens including the Your own failure to properly maintain or use such Cryptocurrency Wallet or caused as a result of the choice of third party provider for the Cryptocurrency Wallet, may also result in the loss of the Openfabric Tokens. Additionally, Your failure to follow precisely the procedures set forth in the Terms for acquiring and receiving the Openfabric Tokens may also result in the loss of Your Openfabric Tokens. You hereby agree that the Company shall not be liable for any such loss of Openfabric Tokes, loss of requisite private key/s associated with the Cryptocurrency Wallet used to hold Openfabric Tokens or any other misappropriation, malfunction or failure regarding the Openfabric Tokens, the Cryptocurrency Wallet and/or any other cryptocurrencies held within.

6.20. Assumption of Risks of Cryptographic Systems and Currencies. By using the Services, Site and the Platform in any way, You acknowledge the inherent risks associated with cryptographic systems; and warrant that You have an understanding of the usage and intricacies of native cryptographic tokens, like Openfabric Token, BTC or ETH, smart contract based tokens such as those that follow the used Token Standard and blockchain-based software systems. You understand that Openfabric Token and other blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge 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 used blockchain. You acknowledge these risks and represent that the Company cannot be held liable for such fluctuations or increased costs. The Company cannot be held liable for any losses or damages of Openfabric Tokens or other cryptocurrencies resulting from the use of Services, Site and Platform.

6.21. No Rights, Ownership or Stake. You agree that the Openfabric Tokens carry no rights, whether express or implied, other than the right to use the Openfabric Tokens on the Site and the Platform. Openfabric Tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, intellectual property rights or any other form of participation relating to the Openfabric. Tokens do not give You any entitlement to acquire any such interest or entitlement in respect of the Openfabric.

6.22. No Liability For Speculation. You understand and agree that the Openfabric shall not be held liable for any speculative intention by You or from any third parties who attempt to hold the Openfabric Tokens for any other reason.

6.23. Staking. Staking of cryptocurrency is a process where holders of a cryptocurrency participate in the network’s proof-of-stake (PoS) consensus mechanism. In staking, users “lock” or “stake” their cryptocurrency tokens in a wallet to support the operations of a blockchain network, such as validating transactions and securing the network. In return for their participation, stakers are typically rewarded with additional cryptocurrency tokens. You can use staking as an option on the Site, but You agree that it is not financial service, nor any type of gambling, nor virtual service. The raise of staked crypto currency is not guaranteed by us, either the current price of the staked crypto currency.

7. Rights and responsibilities between ai developers, data providers, infrastructure providers and consumers

7.1. Company provides the Platform, but the Terms of Service applicable to the AI Software, Data and Infrastructure are between AI Developers, Data Providers, Infrastructure Providers and Consumers (not Company). 7.2. With respect to the above, AI Developers, Data Providers or Infrastructure Providers (together referred to as “Providers”) who listed such AI Software, Data or Infrastructure via the Service acknowledge and agree that the Terms of Service applicable to the use of and other rights with respect to such AI Software, Data and Infrastructure by each such Consumer are solely between each such Consumer and such Provider, and not with Company. Each Provider (not Company) is responsible for all support and all claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). 7.3. The Company reserves the right, but does not have the obligation, to review, screen, or monitor any links to any AI Software, Data, Infrastructure or any terms of the aforementioned at any time and for any reason without notice. Providers and Consumers acknowledge and agree that the Company may remove any AI Software, Data, Infrastructure or any terms at Company’s sole discretion.

8. Ai developer - grants and obligations

8.1. AI Developers may develop and deploy AI Software via the Service by completing Company’s listing form and creating an Account.

8.2. For each AI Software, AI Developers must provide the code, algorithm and/or built software package, a brief description of the AI Software, the AI Software pricing parameters (free use, per-execution price), any overage fees and any other applicable Terms of Service (e.g., service level standards) (collectively, “AI Software Content”).

8.3. AI Developer grants Company the right to provide the AI Software and the AI Software Content provided by the AI Developer (or a party on its behalf) via the Service. Further, AI Developer consents to Company’s use of its name and, if applicable, AI Developer’s company’s name and logo on the Site and our publicly-available online and printed materials, identifying AI Developer (and, if applicable, AI Developer’s company) as part of the Company Platform.

8.4. AI Developer, not Company, is responsible for monitoring and enforcing the AI Software Content applicable to each AI Software to which it grants Consumer access. AI Developer acknowledges and agrees that the Company will not be liable for any actual or alleged breach of the Terms of Service governing the use of AI Software by the Consumer (or any damages arising from or related to such actual or alleged breach).

8.5. AI Developer represents and warrants that (a) all representations and warranties made by them with respect to the AI Software it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grant access to, and distribute the AI Software it lists via the Service and all AI Software Content posted to the Service.

9. Data provider - grants and obligations

9.1. Data Providers may provide Data via the Service by completing Company’s listing form and creating an account.

9.2. For each set of Data, Data Providers must provide the datasets in an agreed, machine-readable appropriate form, which can be then used for machine learning by AI Software, a brief description of the Data, the Data pricing parameters (free use, per-execution price), any overage fees and any other applicable Terms of Service (e.g., service level standards) (collectively, “Data Content”).

9.3. Data Provider grants Company the right to provide the Data and the Data Content provided by the Data Provider (or a party on its behalf) via the Service. Further, Data Provider consents to Company’s use of its name and, if applicable, Data Provider’s company’s name and logo on the Site and our publicly-available online and printed materials, identifying Data Provider (and, if applicable, Data Provider’s company) as part of the Company Platform.

9.4. Data Provider, not Company, is responsible for monitoring and enforcing the Data Content applicable to each set of Data to which it grants Consumer access. Data Provider acknowledges and agrees that the Company will not be liable for any actual or alleged breach of the Terms of Service governing the use of Data by the Consumer (or any damages arising from or related to such actual or alleged breach).

9.5. Data Provider represents and warrants that (a) all representations and warranties made by them with respect to the Data it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grants access to, and distribute the Data it lists via the Service and all Data Content posted to the Service.

10. Infrastructure provider - grants and obligations

10.1. Infrastructure Providers may rent and provide the execution environment to run AI Software (Infrastructure) via the Service by completing Company’s listing form and creating an account.

10.2. For each Infrastructure, Infrastructure Providers must provide the appropriate access, a brief description and information of the Infrastructure, the amount of hardware resources utilized in the Infrastructure, the Infrastructure pricing parameters (free use, per-execution price), any overage fees and any other applicable Terms of Service (e.g., service level standards) (collectively, “Infrastructure Content”).

10.3. Infrastructure Provider grants Company the right to provide the Infrastructure and the Infrastructure Content provided by the Infrastructure Provider (or a party on its behalf) via the Service. Further, Infrastructure Provider consents to Company’s use of its name and, if applicable, Infrastructure Provider’s company’s name and logo on the Site and our publicly-available online and printed materials, identifying Infrastructure Provider (and, if applicable, Infrastructure Provider’s company) as part of the Company Platform.

10.4. Infrastructure Provider, not Company, is responsible for monitoring and enforcing the Infrastructure Provider Content applicable to each Infrastructure to which it grants Consumer access. Infrastructure Provider acknowledges and agrees that the Company will not be liable for any actual or alleged breach of the Terms of Service governing the use of Infrastructure by the Consumer (or any damages arising from or related to such actual or alleged breach).

10.5. Infrastructure Provider represents and warrants that (a) all representations and warranties made by them with respect to the Infrastructure it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grants access to, and distribute the Infrastructure it lists via the Service and all Infrastructure Content posted to the Service.

11. User content

11.1. Company reserves the right, but does not have the obligation, to remove, screen, or edit any content, links, comments or materials posted or stored on the Service, including AI Software Content, Data Content or Infrastructure Content (collectively, “User Content”) at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.

12. Restrictions

12.1. While using the Platform, You undertake to comply with all laws, rules and regulations, applicable to You. Except as expressly authorized by these Terms, You may not:

• transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Platform;
• use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Platform;
• frame or mirror any part of the Platform without Company express prior written consent;
• modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform;
• copy, download, distribute, transmit, upload, or transfer content from the Platform or the personal information of others without our prior written permission or authorization;
• resell, sub-license, or lease any of the content on the Platform;
• impersonate or pretend to be anyone else; falsely state or otherwise misrepresent its affiliation with any person or entity in connection with the Platform; or express or imply that Company endorses any statement You make;
• to the best of Your knowledge and belief, will not with the help of the AI Software, Data, Infrastructure or Solution violate, misappropriate, or infringe any Company or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g., musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in the AI Software, Data, Infrastructure or Solution);
• through use of the Platform or otherwise, create any software or other code or program that would disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms (except to the extent expressly permitted by the Company in writing);
• directly or indirectly, commit any other act intended to interfere with the Platform, the intent of the Platform, or Company business practices including, but not limited to, taking actions that may hinder the performance or intended use of the Platform. Further, You will not engage, or encourage others to engage, in any unlawful, unfair, misleading, fraudulent, improper, or dishonest acts or business practices relating to the AI Software, Data, Infrastructure or Solution;
• in any way breach intellectual property rights of any third party or other Platform user or the Company;
• use third parties personal data without prior consent made accordingly to the applicable legislation;
• engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.

12.2. Your failure to comply with the restrictions in this Article may result in termination of the access to the Platform and the user account and You will be held liable for any damages caused by such conduct.

12.3. The Company shall not be held liable in any way for any of the conduct on the Platform and Site, as described in this Article and You hereby undertake to indemnify the Company for any such claims, allegations or liability arising out of or in connection with such conduct.

12.4. The Platform may contain e-mail services, chat areas, news groups and other forums designed to enable You to communicate with others. You understand that by using this Platform You may be exposed to Content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the Content of any such Communication Services. We will have no liability related to the Content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Platform that in the sole opinion of the Company violates community standards, will be removed and the Account of the poster may, at Our discretion, be revoked or suspended.

12.5. You should be aware that You are responsible for the User content You submit, any communication You make within the Platform and any legal action arising from it. We do not tolerate:

• hateful or harassing behavior or conduct that encourages or incites hate or harassment in any way;
• stalking or threatening the Users;
• bullying;
• sexism;
• racism;
• ageism;
• ethnic, sexual, religious, disability, or transphobic slurs;
• other hate-based communication.

12.6. Any of these and other actions may result in a suspension of Your Account.

13. Suspension or termination

13.1. The Company may, at its sole discretion, suspend or terminate Your license to access or use the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if the Company suspends or terminates Your license to access or use the Service. Company reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against You for continuing to use the Service during suspension or after termination. Company may recover its reasonable attorneys’ fees and court costs from You for such actions. These Terms will remain enforceable against You while Your license to access or use the Service is suspended and after it is terminated. Except for the license granted to You to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.

13.2. Providers and Consumers acknowledge and agree that the Company may remove any AI Software, Data, Infrastructure, Solution or any User Content at Company’s sole discretion. The Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Site ecosystem and the Services (including blocking certain IP addresses) to any person for any reason or for no reason.

13.3. If the Company terminates or suspends the User’s account the User is prohibited from registering and creating a new account under the User’s real name, a fake name, or the name of any third party. In addition to terminating or suspending the User’s account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13.4. The User can also delete his or her account at the personal account page.

13.5. The Company may at any time without prior notice permanently or temporarily terminate the operation of the Site.

14. Risk of dissolution of the company

14.1. You hereby acknowledge and agree to the possibility that due to a number of reasons, including but not limited to, a decrease in the Openfabric Token’s utility, the failure of commercial relationships, intellectual property ownership challenges, unfavorable market conditions or market fluctuations and any added compliance and regulatory obligations, the use of the Site or the Platform may no longer be viable or the Company may need to cease the provision of the Service and be dissolved and liquidated.

15. General grant and ownership

15.1. Unless otherwise expressly indicated in these Terms, (a) all user profiles and user contact information, and (b) all information, materials, and content, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, “Company Materials”) are exclusively owned by the Company or are used with permission. You may not use or disclose any of the Company Materials without our express prior written consent.

15.2. When You post, link, or otherwise make available User Content to the Service, You grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the Site. The Company reserves all rights not expressly set forth in these Terms.

15.3. You will be solely responsible for promptly providing all information, approvals, authorisations or data needed for the Platform to provide the Services, as well as all information needed for the User to use the Platform and information and User Content uploaded by the User into any part of the Platform. The User will be responsible and liable for the accuracy and completeness of all such User Content and information. The User will also be responsible for ensuring that all data and User Content or any information provided by the User comply with applicable law, and obtaining all necessary rights to upload, use, and provide the foregoing.

16. Intellectual Property Rights

16.1. Company users may report content that appears on/via the Site or Service to the Company that he/she thinks violates these Terms, and the Company may remove such content, suspend or terminate the account of the user who made or posted such content and/or take additional action to enforce these Terms against such user.

16.2. The Company’s name, trademarks, logos, and any other Company product, service name, or slogan included in the Service are property of Company and may not be copied, imitated, or used (in whole or in part) without Company’s prior written consent. The look and feel of the Service, the Platform and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or proprietary artwork of Company and may not be copied, imitated, or used (in whole or in part) without Company’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Company and its licensors with such company or an endorsement or approval by such company or its licensors or their respective products or services.

16.3. The Site is provided “AS IS” for the User’s personal use only. No part of the Site and no intellectual property inside it may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,or otherwise exploited for any commercial purpose whatsoever, without the Company’s prior written permission.

16.4. Acceptable use. When accessing or using Site ecosystem, You agree that You will not:

• Use Intellectual property in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Use the Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
• Encourage or induce any third party to engage in any of the activities prohibited by the Terms or by the law in the BVI or in the jurisdiction of Your citizenship and/or residency.

16.5. The Company reserves the right, at its sole discretion, to change, modify, add, remove or terminate this license at any time for any reason.

16.6. All the content in the User’s profile, including but not limited to the User’s photos, images, textual descriptions shall be the User’s intellectual property. The Company is not responsible for the User’s intellectual property. The User hereby confirms that the content in the User’s profile does not cause any third parties’ IP rights infringement and is compliant with legislation of the BVI and the User’s country of citizenship.

16.7. With respect to the User Content, You represent and warrant that You own all rights, titles and interests in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Platform, You hereby grant and will grant Us and Users a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your User Content in connection with the operation of the Platform. Without limiting the foregoing, if any User Content contains Your personal information, image or likeness, You hereby release and hold harmless the Company and its contractors and employees, from:

• all claims for invasion of privacy;
• any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of Your name, image or likeness;
• any liability for claims made by You (or any successor to any claim You might bring) in connection with Your User Content, personal information, image or likeness.

16.8. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of Your User Content (including Your name, image etc.). Further, if any Person (other than You) appears in Your User Content, You represent and warrant that You have secured all necessary licenses, waivers and releases from such Person( s) for the benefit of the Platform in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that Your participation in the Platform and submission of User Content is voluntary and that You will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Platform’s exploitation thereof), and that the sole consideration for the subject matter of these Terms is the opportunity to use the Platform.

16.9. You agree that We can use the Content You’ve submitted. You grant to Us, and others acting on Our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to Your Content. You grant Us the right to edit, modify, reformat, excerpt, delete, or translate any of Your Content.

• You won’t submit stuff You don’t hold the copyright for (unless You have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to post the material (and to grant the Company all the license rights outlined here).
• Any royalties or licensing on Your Content are Your responsibility.
• You agree and confirm that if We use Your Content, We’re not violating anyone’s rights or copyrights. If the Platform or its Users exploit or make use of Your submission in the ways contemplated in this agreement, You promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

16.10. You acknowledge and agree that the Platform may contain Content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Us, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or its content, in whole or in part, except that the foregoing does not apply to Your own User Content that You legally upload to the Platform. In connection with Your use of the Platform, You will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods.

16.11. Any use of the Platform or its Content other than as specifically authorized herein is strictly prohibited. The Software underlying the Platform or distributed in connection therewith is Our property. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

17. Feedback

17.1. Any suggestions, comments, or other feedback provided by You to the Company with respect to the Service, the Platform or the Company (collectively, “Feedback”) will constitute confidential information of the Company. The Company will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.

18. Third-party advertising

18.1. The Company may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between You and the applicable third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.

19. External websites

19.1. The Company makes no representations, and takes no responsibility whatsoever regarding any third party websites, services, or content that You may access through the Site. The Site may present links or other forms of reference to other websites (the “External Websites”) or resources over which the Company has no control. You acknowledge that the Company may present such links or references to You only as a convenience and that Company does not endorse any of the External Website services or offerings made to You or any content provided therein. The Company is not responsible for the availability of, and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use. The Company is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities, and advertisements, and You shall bear all risks associated with the use of such content. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. If You access any such External Websites You agree that You do so at Your own risk and You agree that We will have no liability arising from Your use of or access to any External Websites.

20. Availability

20.1. You acknowledge that the Company only provides the technical applications to enable the contact between the Consumers and Providers. The Company is not liable for any contact between them. The Company can not be held responsible for the quality of any AI Software, Data, Infrastructure or Solution ordered by a Consumer through the Platform. You are solely responsible for the execution and fulfillment of the contracts between Consumers and Providers.‍

20.2. The Users acknowledge that a 100% availability of the Site, the Platform and of the Service is technically not possible. Events beyond the Company’s control can lead to short-term disruptions or temporary suspension of the Site, the Platform and of the Service. The Company excludes, as far as legally permissible, liability for all damages in connection with service interruptions. You waive Your right to complaint, if any technical problem occurs while using the Platform. On that occasion You are encouraged to inform Us about any technical issue on the Platform.

20.3. Company is not liable for any technical or other problems connected to use of the AI applications or data posted by other Users, You may contact only the particular User on that matter.

21. Compliance

21.1. Our business model and our Service also consists of transacting cryptocurrency between Providers and Consumers, while the Company is receiving Openfabric token for other Users in any occasion it shouldn’t be seen as financial, exchange, escrow or other money or virtual assets related service. Despite the aforementioned, certain jurisdictions apply regulations or may apply such regulations at any time, in which case, the Terms, including the provision of the Service, may be amended accordingly or terminated to the extent such amendments are not possible. You agree and understand that legislative and regulatory changes or actions at a state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of cryptocurrency.

21.2. Your use of the Site, the Platform and Service must be in compliance with all laws and regulations applicable to You based on Your applicable jurisdiction. It is Your exclusive responsibility to ensure that Your use of the Site, the Platform and Service is compliant with the applicable laws and regulations.

21.3. Where the Company believes that Your use of the Site and/or Service may not be fully compliant with applicable laws and regulations, including, but not limited to, where there is any reason to suspect that Your use of the Service involves any prohibited activities, We may refuse to provide You access to the Site, the Platform or the Service, process Your transactions, in addition to any other action which We may deem reasonable.

21.4 Applicable Sanctions. You warrant that You will comply with all applicable international economic sanctions and any requirement therein.

21.5 Applicable Taxes. You are exclusively responsible to inquire with respect to the taxes applicable to Your transactions on the Site and the Platform. The Company is not and will in no event be deemed as providing any tax advice or consultation. It is Your responsibility to report and remit the potential taxes payable to the appropriate tax authorities.

22. Risks

22.1. The trading of goods and products, real or virtual, as well as virtual (digital) cryptocurrencies, and offering of services, involves significant risks. Prices can fluctuate on any given day. Due to such price fluctuations, You may increase or lose value in Your assets at any given moment. Any currency, virtual or not, may be subject to large or sudden shifts in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. You should be aware that the risk of loss in trading or holding cryptocurrencies can be substantial.

22.2. Cryptocurrency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, cryptocurrency is a unique kind of currency, backed by technology and trust. There is no central bank or government regulator that can take corrective measures to protect the value of the cryptocurrency in a crisis, issue more currency, or balance the price fluctuations.

22.3. You acknowledge that using cryptocurrency a person or entity puts their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. Thus, the value of cryptocurrency may be derived from the continued willingness of market participants to exchange fiat currency or services for cryptocurrency, which may result in the potential for the permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear.

22.4. Cryptocurrency trading may be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse relative to demand and supply. For example, confidence in cryptocurrency might collapse as a result of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems, for example, if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent transactions from settling.

22.5. Transactions in the cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

22.6. Due to the nature of cryptocurrency, any technological difficulties experienced by the Company could prevent the access or use of Your cryptocurrency.

22.7. The above-mentioned is not a closed list, there may be additional risks that We have not foreseen or identified in our Terms. You should carefully assess whether Your financial standing and tolerance for risk are suitable for buying, selling or trading cryptocurrency.

22.8. IN LIGHT OF THE ABOVEMENTIONED RISKS, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING CRYPTOCURRENCY IS SUITABLE FOR YOU DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.

22.9. You acknowledge that the Company is not a licensed virtual or financial services provider, providing Services and the access to the Site and Platform is not regulated activity.

22.10. You must follow Your local legislation and You can not use the Service if crypto currencies, also known as virtual currencies, are prohibited in Your country of residency or citizenship.

23. Legal disclaimer

23.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE AI SOFTWARE, DATA, INFRASTRUCTURE OR SOLUTION PROVIDED VIA THE SERVICE, ANY CONTENT, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND THE COMPANY MATERIALS), AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.

23.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR ( A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE AI SOFTWARE, DATA, INFRASTRUCTURE OR SOLUTIONS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY AI SOFTWARE, DATA, INFRASTRUCTURE OR SOLUTION MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

24. Indemnification

24.1. You agree, at Your sole expense, to defend, indemnify and hold the Company (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of Your conduct or any actual or alleged breach of any of Your obligations under these Terms ( including, but not limited to, any actual or alleged breach of any of Your representations or warranties as set forth in these Terms).

25. Limitation of liability

25.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE AI SOFTWARE, DATA, INFRASTRUCTURE OR SOLUTION PROVIDED VIA THE SERVICE, ANY CONTENT, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND COMPANY MATERIALS) OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT ( INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

25.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE AI SOFTWARE, DATA, INFRASTRUCTURE OR SOLUTION PROVIDED VIA THE SERVICE, ANY CONTENT, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE) OR THIRD-PARTY TRADEMARKS EXCEED THE AMOUNT OF THE AMOUNT OF OPENFABRIC TOKEN EARNED BY PLATFORM FROM THE COMPLIANT PERSON.

25.3. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

25.4. The Company reserves the right, but does not have the obligation, to review, screen, or monitor any links to any AI Software, Data, Infrastructure, Solution or any User Content at any time and for any reason without notice.

25.5. In any occasion, the Company should be treated as a financial institution, investments related or virtual assets service provider. The Openfabric token is a utility token and in any case should be treated as a security, derivative or any other investments instrument. Services provided by the Company are not financial advise, investment advise, consultation or any other type of regulated activity.

26. Arbitration

26.1. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.

26.2. In the event of any controversy or claim arising out of or relating in any way to these Terms, the Service or the Platform, You and the Company agree to consult and negotiate with each other and, recognizing Your mutual interests, try to reach a solution satisfactory to both parties. If We do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the European Court of Arbitration. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but You and the Company are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, You and the Company intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

26.3. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the European Court of Arbitration. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

26.4. No class action. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

27. Miscellaneous

27.1. Independent Contractors. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.

27.2. Assignment. You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of the Company. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. The Company may assign these Terms without Your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.

27.3. Confidentiality: Confidential information refers to any information, data, or material that is disclosed or made available to an individual or entity, either orally, in writing, or through any other means, which is treated as confidential and not publicly known. Confidential information typically includes, but is not limited to:

• Trade Secrets: Proprietary information, such as formulas, processes, methods, techniques, or algorithms that provide a competitive advantage to a company and are kept secret.
• Business Strategies and Plans: Non-public information related to a company’s business strategies, marketing plans, expansion plans, product development, or financial projections.
• Customer and Supplier Information: Non-public information about customers, clients, suppliers, or vendors, including contact details, transaction history, pricing agreements, or any other information obtained in the course of business relationships.
• Intellectual Property: Patents, trademarks, copyrights, or any other protected intellectual property, including designs, inventions, software, logos, or creative works.
• Financial Information: Confidential financial statements, budgets, forecasts, revenue figures, or any other financial data that is not publicly disclosed.
• Personal Information: Personally identifiable information (PII) of employees, customers, or any other individuals, including names, addresses, social security numbers, or any other sensitive personal data.
• Contracts and Agreements: Non-public information contained in contracts, agreements, or any legal documents, including terms, conditions, pricing, or any other provisions.
• Research and Development: Non-public information related to ongoing research, experiments, studies, prototypes, or discoveries that have not been made public.
• Operational Information: Non-public information about internal processes, procedures, systems, or any other operational details that are not publicly disclosed.

27.4. Electronic Communications. By using the Service, You agree that We may communicate with You electronically regarding Your use of the Service and that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw Your consent from receiving electronic notice, please notify us at [email protected].

27.5 Severability. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

27.6. Absence of Waiver. Any failure or delay by the Company to enforce the Terms or exercise any right therein will not be construed as a waiver to any extent of the rights of the Company. The Company cannot therefore be held liable in the case of non-performance or improper performance of the Terms by You, a third party or in case of Force Majeure.

27.7. Force Majeure. The Company is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, pandemics, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by the Company, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

27.8. Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, Account cancellation, debts owed, general use of the Company Site, disputes with Company, and general provisions.

27.9. Governing law. These Terms shall be governed by and construed in accordance with the British Virgin Islands, excluding its rules regarding conflict of laws.

27.10. English Language Controls. Any translation of the Terms, if provided, is provided for Your convenience alone. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

28. Questions

28.1. If You have any questions regarding the use of the Service, the Platform or the Site, please email the Company at [email protected].