Terms of Use

 

General Notice 

Xfinite Blocklabs Ltd. and/or its related entities (“Xfinite ”, “xfinite.io”, “we” or “us”) is the operator  and owner of this website, app, platform and related services made available under the Xfinite name  (together, the “Platform”).  

We do not provide any investment, financial, legal, regulatory, accounting, tax or similar professional  advice on the Platform. Blockchain, cryptocurrency, tokens and staking transactions involve a high  degree of risk and there is always the possibility of loss, including the loss of digital currency and  assets. 

You acknowledge that staking, using, buying, selling and trading in blockchain, cryptocurrency and  token assets is significantly risky and is unregulated by any state, central or government authority. You  warrant that you understand the risks associated with access to or use of this Platform and any  content, goods, services or products offered or made available or used in connection herewith with  this Platform. 

Use of Platform 

Your use of this Platform is subject to these terms, including any documents linked to in these terms  of use (together, this “Terms of Use”)The Terms of Use constitute a binding legal agreement between  you (an individual user of the Platform) and us, and your use of the Platform constitutes your  acceptance and acknowledgement of the Terms of Use, our Privacy Policy, and any other policy  displayed on the Platform, all of which constitutes the Terms of Use. If you do not agree to the Terms  of Use, you must not use the Platform. You may only use the Platform and any content, goods, services  or products offered or made available or used in connection with this Platform in your individual  capacity on behalf of yourself and not on behalf of any other party, third party, organisation, entity in  whatsoever manner. 

You may only access and use this Platform if you are at least 18 years old and having the legal capacity  to enter into a binding contract. By using the Platform and/or accepting any services, you warrant that  you are at least 18 years old and having the legal capacity to enter into a binding contract. 

We may amend or modify the Platform, the Terms of Use and/or the Privacy Policy at our sole  discretion and at any time. We will publish the updated amendments to these Terms of Use on the  Platform. You agree to check regularly for any changes to these Terms of Use. If we amend these  Terms of Use, then the amendments will take effect from the date on which the amendments are  published on the website. By continuing to access or use the website or Platform, you hereby confirm  your acceptance of such amendment of these Terms of Use. If you do not agree to such an amendment  of these Terms of Use, you must immediately stop using the website and the Platform.  

These Terms of Use will prevail over any other terms or agreement between you and us. Platform Rules 

You agree not to engage in any of the following prohibited activities: 

  • copying, distributing, exploiting or disclosing any part of the Platform in any medium, including  without limitation by any automated or non-automated “scraping”;
  • using any automated system, including without limitation “robots,” “spiders,” “offline  readers”, to access the Platform in a manner that sends more request messages to our servers  than a human can reasonably produce in the same period of time by using a conventional  online web browser; 
  • transmitting spam, chain letters, or other unsolicited email; 
  • attempting to interfere with, compromise the system integrity or security or decipher any  transmissions to or from the servers running the Platform; 
  • taking any action that imposes, or may impose at our sole discretion an unreasonable or  disproportionately large load on our infrastructure; 
  • uploading invalid data, viruses, worms, or other software agents through the Platform; collecting or harvesting any personally identifiable information, including account names,  from the Platform; 
  • using the Platform for any commercial solicitation purposes; 
  • impersonating another person or otherwise misrepresenting your affiliation with a person or  entity, conducting fraud, hiding or attempting to hide your identity; 
  • interfere with the proper working of the Platform and modifying, adapting, translating or  creating derivative works of any portion of the Platform 
  • accessing any content on the Platform through any technology or means other than those  provided or authorised by the Platform; or 
  • bypassing the measures, we may use to prevent or restrict access to the Platform, including  without limitation features that prevent or restrict use or copying of any content or enforce  limitations on use of the Platform or the content therein; 
  • attempt to circumvent any security features or access control features on the Platform; You may not provide an access to the Platform to any third party, unless you expressly  permitted to do so by Xfinite in writing. You are responsible for all acts and omissions  (including but not limited to the breach of these Terms of Use) of any third party to whom you  provide access as if they were your own acts or omissions. You may not provide an access to  the content, data or information of the Platform to any third party.  

Assumption of Risk and Responsibility 

As part of the Platform, we provide access to a decentralised finance and reward tool on the Algorand  blockchain that allows registered users to use Algorand assets (“Assets”) to participate in staking  transactions on the Platform (“Staking Transactions”). 

You acknowledge that access to or use of this Platform and any content, goods, services or products  offered or made available or used in connection with this Platform, including Staking Transactions, is  subject to significant risks, including without limitation the following risks: 

  • that your participation in Staking Transactions is entirely your own responsibility / liability; the risk of loss, including the loss of all digital assets arising out of factors including but not  limited to unforeseen ecosystem hacks; 
  • at any time, your access to your Assets may be suspended or terminated or there may be a  delay in your access or use of your Assets which may result in the Assets diminishing in value  or you being unable to complete a Staking Transaction; 
  • the Staking Transaction may be suspended or terminated for any or no reason subject to prior  reasonable intimation to you, which may limit your access to your Assets; and the value of your Assets used in Staking Transactions or used through the Platform may  decrease or diminish at any time and for any reason. 

Accordingly, by using this Platform you expressly agree that:

  • you assume all risk in connection with your access and use of the Platform, your Assets and  Staking Transactions; and 
  • you expressly waive and release the Released Parties (as defined in these Terms of Use) from  any and all liability, claims, causes of action, or damages arising from or in any way related to  your use of the Platform. 

Security 

We use commercially reasonable physical, managerial, and technical safeguards to preserve the  security of your personal information and implement your privacy settings. However, we cannot  guarantee that unauthorised third parties will never be able to defeat our security measures or use  your personal information for improper purposes. You acknowledge that you provide your personal  information at your own risk. 

In order to access and use certain parts of the Platform, you may need to register. Where registration  is required, Xfinite may, in its absolute discretion, decide whether or not to accept your registration.  

Intellectual Property Rights 

Ownership 

Xfinite and its related entities and/or our third party licensors and affiliates have and shall continue to  retain all the rights, title and interests in the Xfinite Services, activities and all its content and all the  intellectual property including but not limited to copyright, trademarks, logos, photographs, audio /  video clips, service marks, patents, design, layout, texts, images, digital illustrations and data, data,  technology, codes, the look of the website, software, files, comprised in the content and all the  content that we or our licensors create and that we make available on or through the Platform,  including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights,  database rights and other intellectual property and proprietary rights therein. All logos and  trademarks, service marks, logos, and trade names displayed on or in connection with the Platform  are the registered and unregistered trademarks and service marks of Xfinite in the British Virgin Islands  and/or other countries. 

Your use of the Platform does not grant you any rights in or ownership over any of the Platform’s  content, and except for the limited licence we grant you under these Terms of Use, your use of the  Platform does not grant you any rights, licence or permission under any copyright, trademark or other  intellectual property rights of Xfinite, its related entities, our licensors and/or any third party. We  reserve all rights not expressly granted to you in these Terms of Use.  

Limited Licence 

Subject to these Terms of Use, we grant you a limited, non-exclusive, revocable, non-sublicensable  and non-transferable licence to access and use the Platform solely for its intended purpose of using  the content, goods, services or products offered or made available on the Platform (licence). 

Such licence does not include the right to, and you must not under any circumstances, reproduce,  distribute, adapt, modify, copy, translate, create derivative works from, publish, commercialise or  download any content on, component of, or part of, the Platform or otherwise use any of the Platform  content for any other purpose except with our express prior written permission. The licence granted  under these Terms of Use does not include the permission or right to use any data mining, robots, or 

similar data gathering or extraction methods. Any degree of commercial exploitation of the Platform  content (including intellectual property rights therein) without express prior written permission from  us is strictly prohibited and will constitute a breach of these Terms of Use. 

All content used in or in connection with the Platform is proprietary to Xfinite, its related entities  and/or our licensors, and except for use strictly in accordance with the foregoing licence, any use,  redistribution, sale, decompilation, production, reverse engineering, disassembly or translation of  content, or reduction of content (including software) to human-readable form, is strictly prohibited  and will constitute a breach of these Terms of Use. 

Any use of the Platform or content on the Platform other than as specifically authorised in these Terms  of Use is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may  also infringe or violate applicable laws, including, without limitation, copyright and trademark laws  and applicable communications regulations and statutes. Unless explicitly stated in these Terms of  Use, nothing in these Terms of Use will be construed as conferring any rights or licence to intellectual  property rights, whether by estoppel, implication or otherwise. The licence is revocable at any time. 

To the extent permitted by applicable law, the licence is provided on an “as is” basis. Xfinite disclaims  all warranties and conditions, express and implied, in relation to the licence, including (without  limitation), warranties of merchantability, fitness for a particular purpose, non-infringement and title. 

Feedback 

To the extent permitted by applicable law, Xfinite owns any feedback, suggestions, ideas, or other  information or materials (hereinafter collectively referred to as “Feedback”) about Xfinite or the  Platform that you provide or disclose through email, the Platform or in any other manner. You hereby  transfer all rights, ownership and interests in and to the Feedback and all related intellectual property  rights to Xfinite and waive any request for acknowledgment or compensation based on any Feedback  or any modifications based on any Feedback, unless otherwise agreed by us in writing. 

Third Party Sites 

The Platform may contain links to third party materials (including websites) that are not owned or  controlled by us. We do not endorse or assume any responsibility for any such third party sites,  information, materials, products, or services. If you access a third party website or service from the  Platform on or through any third party website or service, you do so at your own risk, and you  understand that these Terms of Use do not apply to your use of such sites. You expressly release the  Released Parties from any and all liability arising from your use of any third party website, service, or  content. Additionally, your dealings with or participation in promotions of advertisers found on the  Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely  between you and such advertisers. You agree that we are not responsible for such third party sites or  advertisers, information, materials, products, or services, including but not limited to the terms on  which they are made available and their privacy policies, and we do not control or have responsibility  for their content. We make no representation or warranty, either expressed or implied, in relation to  any content, goods or services or data or information received from such third party sites or  advertisers. You agree that we are not responsible for any loss or damage of any sort relating to your  dealings with such advertisers. 

Disclaimer 

To the maximum extent permitted by applicable law, we exclude all warranties unless expressly stated  in these Terms of Use, including warranties of merchantability, fitness for a particular purpose, or non infringement relating to any use of any part of the Platform or any goods, services or products offered  or made available or used in connection with this Platform. 

You acknowledge that when you access or use the Platform, and use or receive any goods, services or  products offered or made available or used in connection with this Platform, you do so entirely at your  own risk and relying on your own enquiries and judgement. 

To the extent that any applicable law restricts our right to exclude warranties under these Terms of  Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use  is intended to alter or restrict the operation of such provisions. 

If those statutory provisions under applicable law apply, notwithstanding any other provision of these  Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such  provisions as follows: 

  • the supply of the services again; or 
  • the payment of the cost of having the services supplied again. 

Limit of Liability 

Our liability arising in connection with the access to or use of any part of the Platform or any content,  goods, services or products offered or made available or used in connection with this Platform is  limited as follows: 

  • we exclude all liability for consequential, special, indirect or remote loss, including loss of  opportunity or business; 
  • our total maximum liability arising in connection with these Terms of Use or the Platform is  capped at the total amount of any fees or commissions or margins received by us from you in  relation to the particular matter; 
  • our liability is excluded to the extent that you contributed to the liability; our liability is excluded for anything you have been aware of for longer than six months and  you have not commenced formal legal proceedings. You waive and release the Released  Parties from any such liability or claim; and 
  • our liability is subject to you taking reasonable action (or not acting unreasonably) to mitigate  your loss. 

We provide the Platform on an “as is” and on an “as available” basis without any warranties as to  continuous, uninterrupted or secure access to the Platform, that its servers are free of computer  viruses, bugs or other harmful components, that defects will be corrected, or that you will not have  disruption or other difficulties in using the Platform. 

You acknowledge that the operation of the Platform and also the usage by you of the Platform, is  dependant upon the proper functioning of the internet and other third party equipment / gadgets and  services, and that we do not guarantee and will be liable for it in any way.

In the event that we terminate the Platform or your access to the Platform pursuant to these Terms  of Use, you release the Released Parties from all liability, loss or claims suffered by you as result of or  arising out of such termination. 

We are not responsible for any loss or damage caused, directly or indirectly, by any events, actions or  omissions beyond our control. 

Release and Indemnity 

You agree to release us and our officers, directors, shareholders, agents, employees, consultants,  contractors, subsidiaries, related entities, advisors and partners (together, the “Released Parties”)  from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way  connected with: 

  • access to or use of the Platform; 
  • any content, goods, services or products offered or made available or used in connection with  this Platform; 
  • your breach of these Terms of Use; 
  • your participation in Staking Transactions; 
  • your digital assets (including the value of the digital assets or the loss of the digital assets)  used on the Platform or in Staking Transactions; 
  • any matter for which we have purported to disclaim liability for under these Terms of Use; your use, misuse, or abuse of the Platform; and 
  • your breach or failure to observe any applicable law, 

(together, the “Released Matters”).  

You further waive any and all rights and benefits otherwise conferred by any statutory or non statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. 

You agree to indemnify, defend and hold harmless the Released Parties from any from all loss, liability,  damages, claims, proceedings, costs and expenses arising out of or in any way connected with any  Released Matter. 

Xfinite Blocklabs Ltd. and/or its related entities, Xfinite, xfinite.io or its personnel will not be liable to  you in contract, tort, including but not limited to negligence, under any statute or otherwise, in any  direct or indirect, consequential, incidental, punitive or loss or damages, any damage to goodwill or  reputation or loss of anticipated savings, or loss of profit or revenue, whatsoever, in any manner. 

Termination 

We may permanently or temporarily terminate or suspend your access to the Platform without notice  and liability for any reason, including if in our sole determination you violate any provision of these  Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be  bound by these Terms of Use.

General 

You must not assign, sublicense, transfer or otherwise deal in any other way with any of your rights or  obligations under these Terms of Use. We may assign our rights under these Terms of Use at our  discretion. 

The Platform does not constitute legal advice, you may not consider any information provided to you  through the Platform as legal advice or as a substitute for legal advice. Your access or usage to the  Platform does not constitute any attorney-client relationship between you and Xfinite and you are  solely responsible for determining whether to seek legal advice from a qualified lawyer.  

These Terms of Use are governed by the laws of the British Virgin Islands and each party submits to  the exclusive jurisdiction of the courts of the British Virgin Islands and all courts of appeal from there. 

Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure  on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all  breaches unless expressly stated otherwise. 

The contents of these Terms of Use constitute the entire agreement between you and us and  supersede any prior negotiations, representations, understandings or arrangements made between  you and us regarding the subject matter of this agreement or your access to or use of the Platform,  whether made orally or in writing. 

If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the  extent necessary without affecting the validity or enforceability of the remaining provisions. 

A provision of these Terms of Use which can and is intended to operate after its conclusion or  termination will remain in full force and effect, including all indemnities, limitations on liability and  releases. 

Last updated on: 8th December, 2021