Terms of service

1. CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Mobile Application thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Mobile Application.

Your continued use of the Mobile Application following the posting of the revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. SERVICES PROVIDED & REWARDS

The Network has created the Mobile Application to function within the Ambient ecosystem in order to provide incentives for engagement. The incentives come in the form of points which may be rewarded to users upon their completion of a qualifying event. Points are intended solely for personal enjoyment for use within the Network. They do not represent or confer any ownership, equity, financial interest, dividend rights, or profit-sharing rights in any entity. The Network reserves the right to reject any usage of Points or other activities on the Mobile Application.

The economics of the Mobile Application include the following qualifying events and respective rewarded Points:

1. When a user checks in to the Mobile Application and answers a generic rating prompt for the same place, 10 points will be rewarded.
2. When a user answers an additional question, 2 points will be rewarded.
3. When a user answers a second additional question, 2 points will be rewarded.
4. When a user explores a new venue, 5 points will be rewarded.
5. When a user checks in to the Mobile Application back-to-back, 5x points will be rewarded.
   • It is at the sole discretion of the Network to limit the number of back-to-back check-ins per hour that will qualify for the reward of 5 times regular points.
6. When a user refers a friend to the Mobile Application and the friend signs up, 2 points will be rewarded to the user and the user will earn 3% of their friend’s tokens.

The Mobile Application rewards points to users who find a “magicbox.” Finding a magic box and receiving its respective rewards requires users to check in to the Mobile Application. A user may find up to one magic box per day. Up to 100 magic boxes are randomly located around the world and are located in areas where AmbiGo! receives the most traffic.

1. 1 magic box contains a “diamond prize” that is worth 250 points per box
2. 10 magic boxes contain a “gold prize” that is worth 150 points per box
3. 30 magic boxes contain a “silver prize” that is worth 50 points per box
4. 59 magic boxes contain a “bronze prize” that is worth 20 points per box

The maximum number of points that may be rewarded to a single user in one day remains at the sole discretion of the Network.

3. ACCESSING THE MOBILE APPLICATION AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Mobile Application, and any service or material we provide on the Mobile Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Mobile Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Mobile Application, or the entire Mobile Application, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Mobile Application.
• Ensuring that all persons who access the Mobile Application through your internet connection are aware of these Terms of Service and comply with them.

To access the Mobile Application or some of the services and resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Mobile Application that all the information you provide on the Mobile Application is correct, current, and complete. You agree that all information you provide to register with this Mobile Application or otherwise, including, but not limited to, through the use of any interactive features on the Mobile Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Mobile Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

You shall not (i) be a resident of, or located in, sanctioned jurisdictions according to any trade embargoes or sanctions regimes imposed by competent authorities such as the UN Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union or its Member States, or HM Treasury’s financial sanctions regime; (ii) be subject to economic sanctions, or listed on prohibited or restricted lists such as the United Nations Security Council Sanctions List, the Specially Designated Nationals (“SDN”) List maintained by OFAC, or any other denied persons or blocked parties lists by any other relevant sanctions authority or other applicable bodies; (iii) be located in, or a citizen or resident of any state, country, territory or other jurisdiction where your participation in any Foundation Mobile Application would be illegal or otherwise violate any applicable laws.

You represent that your participation in the Foundation Mobile Application is permitted under the laws of your jurisdiction and that these Terms are in compliance with all laws, rules, and regulations that apply to you.

4. CHILDREN

You affirm that you are over the age of 18, as the Mobile Application is not intended for children under 18. If you are under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to delete your account.

5. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Mobile Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.

6. ELECTRONIC WALLET

In order to access certain features of and services provided on the Mobile Application you need to use a supported electronic wallet, (a “Supported Electronic Wallet”), which will facilitate transactions or verify to us your ownership of certain digital assets. By connecting your Supported Electronic Wallet with the Mobile Application, you authorize us to access your Supported Electronic Wallet for the purpose of permitting you to purchase or view digital assets or engage in other actions. We do not assume any liability with respect to any Supported Electronic Wallet. You must familiarize yourself with the Terms of Service, technology, and security protocols of any Supported Electronic Wallet (e.g., saving your backup phrase in a safe place). It’s important to keep in mind that when you use your Electronic Wallet on the Mobile Application, you represent to us that your account on any Supported Electronic Wallet used by you in connection with the Mobile Application is owned or controlled exclusively and directly by you and no other person. We reserve the right, at any time, in our sole discretion, to block access to the Mobile Application from certain IP addresses and unique device identifiers.

7. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that, unless otherwise stated, we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Foundation Mobile Application, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Foundation Mobile Application (collectively, the “Materials”) are owned by the Foundation, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Materials are the copyrighted property of the Foundation or its licensors, and all trademarks, service marks, and trade names contained in the Materials are proprietary to the Foundation or its licensors. Except as expressly set forth herein, your use of the Foundation Mobile Application does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Foundation Mobile Application. We reserve all rights in and to the Materials not expressly granted to you in the Terms.

You may choose to submit comments, bug reports, ideas or other feedback about the Foundation Mobile Application, including without limitation about how to improve the Foundation Mobile Application (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

The Mobile Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Mobile Application for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Mobile Application, except as follows:

• Reproduce
• Distribute
• Modify
• Create derivative works of
• Publicly display
• Publicly perform
• Republish
• Download
• Store
• Transmit any of the material on our Mobile Application

No right, title, or interest in or to the Mobile Application or any content on the Mobile Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Mobile Application not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

8. TRADEMARKS

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Mobile Application are the trademarks of their respective owners.

9. PROHIBITED USES

You may use the Mobile Application only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Mobile Application:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU, the US, the Cayman Islands or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Mobile Application, or which, as determined by us, may harm the Company or users of the Mobile Application, or expose them to liability.
• Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service the Foundation provides
• Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• Harvest, collect, or gather user data without the user’s consent

Additionally, you agree not to:

• Use the Mobile Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Mobile Application, including their ability to engage in real time activities through the Mobile Application.
• Use any robot, spider, or other automatic device, process, or means to access the Mobile Application for any purpose, including monitoring or copying any of the material on the Mobile Application.
• Use any manual process to monitor or copy any of the material on the Mobile Application, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Mobile Application.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Mobile Application, the server on which the Mobile Application is stored, or any server, computer, or database connected to the Mobile Application.
• Attack the Mobile Application via a denial-of-service attack or a distributed denial-of- service attack.
• Otherwise attempt to interfere with the proper working of the Mobile Application.

10. USER CONTRIBUTIONS

The Mobile Application may contain message boards, chat rooms, personal web pages or profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Mobile Application.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Mobile Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Mobile Application.

WE ARE UNDER NO OBLIGATION TO USE, EDIT OR CONTROL USER CONTENT THAT YOU OR ANY OTHER USER POSTS ON THE MOBILE APPLICATION AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR USER CONTENT. WE DO NOT GUARANTEE THAT ANY USER CONTENT IS ACCURATE, TRUTHFUL OR APPROPRIATE FOR ITS STATED PURPOSE. WE MAY, HOWEVER, AT ANY TIME AND WITHOUT PRIOR NOTICE, SCREEN, REMOVE, EDIT, OR BLOCK ANY USER CONTENT THAT IN OUR SOLE JUDGMENT VIOLATES THESE TERMS OR IS OTHERWISE OBJECTIONABLE, SUCH AS, WITHOUT LIMITATION, USER CONTENT THAT WE DETERMINE IS OR COULD BE INTERPRETED TO BE ABUSIVE, BIGOTED, DANGEROUS, DEFAMATORY, FALSE, HARASSING, HARMFUL, INFRINGING, MISLEADING, OBSCENE, OFFENSIVE, PORNOGRAPHIC, RACIST, THREATENING, UNLAWFUL, VIOLENT, VULGAR, OR OTHERWISE INAPPROPRIATE.

11. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mobile Application or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mobile Application.
• Terminate or suspend your access to all or part of the Mobile Application for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Mobile Application.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Mobile Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13. COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violate your copyright, please contact us immediately for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

14. RELIANCE ON INFORMATION POSTED

The information presented on or through the Mobile Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Mobile Application, or by anyone who may be informed of any of its contents.

This Mobile Application includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. CHANGES TO THE MOBILE APPLICATION

We may update the content on this Mobile Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Mobile Application may be out of date at any given time, and we are under no obligation to update such material.

16. LINKING TO THE MOBILE APPLICATION AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Mobile Application may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Mobile Application.
• Send emails or other communications with certain content, or links to certain content, on this Mobile Application.
• Send emails or other communications with certain content, or links to certain content, on this Mobile Application.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Mobile Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Mobile Application other than the homepage.
• Otherwise take any action with respect to the materials on this Mobile Application that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

17. LINKS FROM THE MOBILE APPLICATION

If the Mobile Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Mobile Applications linked to this Mobile Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Mobile Applications.

18. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY MOBILE APPLICATIONLINKED TO IT.

YOUR USE OF THE MOBILE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION IS AT YOUR OWN RISK. THE MOBILE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE MOBILE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATIONWILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATIONWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MOBILE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MOBILE APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You fully understand, acknowledge and agree that except for any liability that cannot be excluded by law, the Foundation, its subsidiary, affiliates and related companies, together with their officers, directors, employees, agents and representatives exclude all liability (including negligence) for any personal injury or for any loss or any damage (including loss of profit opportunities) whether direct, indirect, special or consequential, arising in any way out of or in connection with any Foundation Mobile Application received thereunder, including without limitation:

1. failure, malfunction or breakdown of, or disruption to, the operations of the Foundation and/or the blockchains in which the Network is affiliated due to occurrences of hacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
2. any error, omission, interruption, deletion, delay, defect, theft, unauthorized access or third-party interference or any virus, error, bug, flaw, defect or otherwise adversely affecting any Foundation Mobile Application;
3. any Foundation Mobile Application to be distributed by the Foundation may be modified, curtailed, discontinued or terminated at any time in its sole discretion for any reason (including, but not limited to, the Foundation’s inability to finance or otherwise operate any Foundation Mobile Application due to major devaluation of the Foundation or an order of any court, regulatory agency or other governmental authority);
4. any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction;
5. any failure by the Foundation to deliver or realize any or all of part of the features or benefits as described in the documentation or any material relating to the Foundation Mobile Application;
6. In no event shall the Foundation, its subsidiary, affiliates and related companies, together with their officers, directors, employees, agents and representatives be liable for any indirect, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, or any acceptance of or reliance on these terms and conditions or any part thereof by you, even if the Foundation or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Mobile Application, including, but not limited to, your User Contributions, any use of the Mobile Application's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Mobile Application.

The Foundation reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and the Foundation.

21. GOVERNING LAW AND JURISDICTION

All matters relating to the Mobile Application and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of the Cayman Islands or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Mobile Application shall be instituted exclusively in the courts of the Cayman Islands in each case located in the although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

23. NO CLASS ACTION

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

24. WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

25. ENTIRE AGREEMENT

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Mobile Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Mobile Application.

26. YOUR COMMENTS AND CONCERNS

All notices of copyright infringement claims should be sent in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Mobile Application should be directed to: privacy@ambient.network