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Unhidden terms to use Genie
Genie is a platform (the ”Platform”) that empowers projects to better understand and engage with their communities using on-chain data and is operated by INTERN TECH PTE LTD. Genie allows Platform Users to create campaigns based on selected perimeters to distribute rewards to target specific Digital Wallets (the “Services”).
To make these Terms easier to read:
- Genie is referred to as “Genie”, “we”, “us” or “our”.
- “You”, “your” and “user(s)” refers to anybody who accesses or uses, in any way, the Platform. If you are accessing or using the Platform on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you”, “your” or “user(s)” will refer to that entity.
Genie is only an administrative platform and any services offered to users are administrative in nature. We are not a broker, financial institution, or creditor. Genie is not intended as, and does not provide, any investment advice or financial advice whatsoever. As with any financial or investment decisions, you should conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels, and investment advisors, in connection with any investment or financial transaction.
Important note regarding arbitration: when you agree to these terms by using or accessing the platform, you are agreeing to resolve any dispute between you and Genie through binding, individual arbitration rather than in court. And you agree to a class action waiver, both of which impact your rights as to how disputes are resolved.
We reserve the right to disable access to the Platform at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Platform by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Platform being inaccessible to you at any time or for any reason.
By using or accessing the Platform, you represent and warrant that you understand that there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that Genie is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the Genie facilitates your interaction with decentralised networks and technology and, as such, we have no control over any blockchain or virtual currencies and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.
Platform User. By using our Platform, you are a platform user (“Platform User”). By becoming a Platform User, you agree: (a) to provide accurate, current and complete information necessary for campaign creation; (b) to maintain and promptly update from time to time as necessary such information; (c) to immediately notify us if you discover or otherwise suspect any security breaches related to the Services; and (d) that you are fully responsible for all activity on the Services that occurs under your Project Accounts or Digital Wallets (as defined below). We may, in our sole discretion, refuse to allow you to become a Platform User, or limit the number of Project Accounts or Digital Wallets that you may associate with the Services, or suspend or terminate any Service User or Project Account, including access to our Services.
You also agree that you will not:
- Use the Services under a different wallet address if we’ve disabled access for you under a different wallet address unless you have our written permission first;
- Buy, sell, rent, or lease access to your Digital Wallet to any third party, unless you have our written permission first; or
- Use or access the Services through any unauthorized third party application(s) or client(s), or to disclose or share your Digital Wallet information such as your seed phrase or private keys with any other person.
Digital Wallet. As part of the Services, you are able to connect your so-called “digital asset wallet” (“Digital Wallet”) to your account. We do not offer our own digital asset wallet and any Digital Wallet that you connect to your Project Account is subject to the Terms and Conditions of that service provider and we do not have any access to, or control over, your connected Digital Wallet.
Project Accounts. In order to access functions such as creating campaigns, Platform Users may need to connect their Digital Wallet. When a Platform User connects a Digital Wallet, they create a user account (“Project Account”) with Genie. In order to create a Project Account, you may be required to provide additional information, such as your project name, description, logo, socials, wallet address, and other information as required by Genie.
Account Verification and Additional Information. Genie may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (or so-called “legalization”) of incomes obtained by criminal means, or for counteracting the financing of terrorism. Genie may also require you to provide additional information and/or documents in cases where it has reason to believe that:
- Your use of the Services is related to money laundering or any other illegal or illicit activity;
- You have concealed or reported false identification information and/or other details; or
- Transactions effected via your Project Account were effected in breach of these Terms.
Campaigns. The core Service is to allow Project Account to create Campaigns via a rewards smart contract. The rewards smart contract is generated based on a set of on-chain parameters specified by the Project Account to distribute rewards to eligible Digital Wallets through a claim-based frontend. The Project Account decides on the exact Rewards (defined in Section 4) to be distributed and deposits the required amount into the smart contract address. Genie may provide consultation with regard to as part of Services should the Project Account decide to engage. Otherwise, Genie has no influence nor say in the creation of the Campaign. All decisions are solely made by the Project Accounts.
Prohibited Uses. You may not use the Services to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive, and Genie reserves the right to update or amend such list in its sole discretion at any time, with or without notice to you. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at [email protected]. By becoming a Platform User, you agree that you will not use the Services to do or undertake any of the following, as determined by Genie in its sole discretion:
- Abusive Activity: Actions which: (i) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; (ii) transmit or upload any material to the Services that contains viruses, trojan horses, worms or any other harmful or deleterious programs; (iii) attempt to gain unauthorized access to the Services, other Digital Wallets not belonging to you, computer systems or networks connected to the Services, through any means; (iv) use the account of any third party to access or use the Services, except in the case of applications which are specifically authorized by a third party to access such third party’s Digital Wallet and information; or (v) transfer your access or rights to use the Services to a third party, unless by operation of law or with the express permission of Genie.
- Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, or sanctions programs administered in any of the countries where Genie conducts business.
- Abuse Other Users: Interfere with another individual's access to or use of the Services; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; or harvest or otherwise collect information from the Services about others, including without limitation public or private Digital Wallet keys, without proper consent.
Your legal obligations. It is possible that your use of the Services may result in certain reporting, tax, or other legal obligations on your part. For example, certain jurisdictions require their residents to report international money or cryptocurrency transfers that exceed certain amounts. You agree and understand that we do not provide legal, tax, or investment advice. You agree to seek your own advice as necessary and to comply with any legal obligations you may have in connection with your use of our Services.
- Fraud: Activity which operates to defraud Genie, any Genie user(s) or any other person, or provide any false, inaccurate or misleading information to Genie.
- Copyright violations: Activity which intentionally infringes upon another’s copyright, or other intellectual rights, protections, including unauthorized copying or performing of copyrighted works available on the Services.
- Misleading statements on investments: Activity that promotes, markets, or in any other way communicates the message of, CW20 or CW721 tokens on Genie being an investment, such as making statements regarding the expectation that the monetary value of these tokens will increase in time.
CW20 and CW721 Tokens Rewards (”Rewards”). Project Accounts will deposit Rewards into the created rewards smart contract address, which they hold the administrative rights and keys. Digital Wallets may have the ability to obtain Rewards distributed by Project Accounts using our Services. All tokens have a record on the distributed public ledger known as the blockchain. Digital Wallets can claim such tokens on coinhall.org/rewards or alternate frontends powered by Genie's API. To obtain the Rewards, Digital Wallets need to fulfill the criteria set out by the Project Accounts. After completion, it will be recorded on the blockchain and the tokens will be transferred to the connected Digital Wallet. Genie does not claim ownership of any content accessible through the Services and does not endorse any Project.
Gas Fee. Creating Campaigns may be subject to fees and other charges (“Fees”) established from time to time in the sole discretion of Genie and Project Accounts. Fees include service fees established by and payable to Genie and “gas” (fees paid to the blockchain through Project Accounts’ Digital Wallets as consideration for creating Campaigns). Service fees may be adjusted from time to time at the sole discretion of Genie. “Gas” fees are set by the user through the user’s Digital Wallet application, based on the market conditions on the relevant blockchain.
Suspension, Termination, and Cancellation. Genie may, at its option and in its sole discretion: (a) suspend or restrict your Digital Wallet access to any or all of the Services, if: (i) we are so required by a facially valid subpoena, court order, or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with a Prohibited Uses; (iii) your use of the Services is subject to any pending litigation, investigation or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that Genie deems in its sole discretion as circumventing Genie’s controls, or abusing promotions which Genie may offer from time to time; or (vi) you breach these Terms.
Notice to You. If Genie suspends or restricts your Digital Wallet or terminates your use of the Services for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits Genie from providing you with such notice. You acknowledge that Genie’s decision to take certain actions, including limiting access to, suspending, or disassociating your Digital Wallet from the Services, may be based on confidential criteria that are essential to Genie’s risk management and/or security protocols. You agree that Genie is under no obligation to disclose the details of its risk management and/or security procedures to you.
Access to Rewards. Your Rewards are stored in your Digital Wallet and we do not have access or control over your Digital Wallet. In the event our Services are no longer available to you, the Rewards you have claimed are in your Digital Wallet.
Third-Party Services. The Services may contain links to third-party websites (“Third-Party Websites”) and/or applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Genie. Genie is not responsible for any Third-Party Websites or Third-Party Applications and shall not be liable with respect to any use thereof. Genie provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Websites or Third-Party Applications or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Services, these Terms and any of our other policies no longer govern. You should review all applicable agreements and policies, including privacy and data-gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Information Ownership. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Genie logo and all designs, text, graphics, pictures, information, data, software, sound files and/or other files related thereto and/or associated therewith and the selection and arrangement thereof (collectively, “Content”) are and shall remain the sole and proprietary property of Genie and/or our affiliates or licensors, including the Projects, if and as applicable. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will terminate immediately and you must, at our option, either return or destroy any Content you have copied, downloaded, or otherwise obtained from the Services. No right, title or interest in or to the Services or any Content thereon is or shall be transferred to you, and all rights not expressly granted herein are reserved by Genie and/or its affiliates. Any use of the Services not expressly permitted by these Terms shall be deemed a material breach of these Terms and may violate copyright, trademark and/or other laws.
Projects Content. Projects are solely responsible for any content that is posted on the Platform. Projects agree not to post any content that is defamatory, obscene, offensive, or otherwise in violation of any applicable laws or regulations.
Intellectual Property. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Genie or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern the usage of such software components, as applicable. The Platform and all content and materials contained on it, including but not limited to text, graphics, images, and software, are the property of the Platform or its licensors and are protected by copyright and trademark laws. You may not use any content or materials on the platform for any commercial purpose without the express written consent of the platform.
Links to our Services. You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Genie or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and does not imply that Genie is affiliated with or supports or endorses any product or service, and provided further that the linking site does not contain any adult or illegal material or any material that may be deemed, in Genie’s sole discretion, offensive, harassing or otherwise objectionable. This limited right may be revoked or modified by us at any time, for any reason. You may not use a logo or other proprietary graphic or intellectual property of Genie to link to the Services or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Genie trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written permission.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access to or use of the Platform, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access to or use of the Platform, or from any access to or use of any information obtained by any unauthorised access to or use of the Platform.
We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access to or use of the Platform; (c) unauthorised access to or use of any secure server or database in our control or the use of any information or data stored therein; (d) interruption or cessation of function related to the Platform; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform; (f) errors or omissions in, or loss or damage incurred as a result of, the use of any content made available through the Platform; and (g) the defamatory, offensive, or illegal conduct of any third party.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the greater of (i) the amount you paid to us in exchange for access to and use of the Platform, or (ii) $100.00. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in the Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
Volatility. The price and liquidity of blockchain-based assets, including Digital Asset(s) and NFTs, are extremely volatile and may be subject to fluctuations. Fluctuations in the price of other blockchain-based assets could materially and adversely affect Digital Asset(s). We cannot guarantee that claiming any Digital Asset(s) will not result in the loss of money or other value.
Taxes. You are solely responsible for determining what, if any, taxes apply to your Digital Wallet(s). Neither Genie nor any other Genie Party is responsible for determining the taxes that apply to any Digital Wallet(s).
Digital Assets / Cryptocurrency. The Services involve and/or rely upon certain blockchain technology, including decentralized, distributed public ledger(s), which offer many benefits, but also present certain inherent risks that you assume by using the Services, including without limitation, that:
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Digital Asset(s).
- The regulatory regime governing blockchain technologies, digital assets, cryptocurrencies and/or so-called “tokens” is uncertain, and new regulations or policies may adversely affect the development of the Services and/or the utility of Digital Asset(s).
Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Genie: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Platform or any other disputes with the Genie (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and Genie agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and Genie agree that any dispute is personal to you and Genie and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Genie agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.
Process. You and the Genie agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to Genie shall be provided by sending an email to [email protected]. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and Genie cannot resolve the Dispute within thirty (30) days of Genie receiving the notice, either you or Genie may, as appropriate pursuant to this Section 9, commence an arbitration proceeding. You and Genie agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and Genie agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
Choice of Law. These Terms are governed by and will be construed under the laws of the state of Singapore, without regard to principles of conflict of laws, govern the Terms and any Dispute between you and us. Any Dispute under these Terms shall be finally settled by Binding Arbitration (as defined below).
Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. You further agree that the Platform shall be deemed to be based solely in Singapore and that, although the Platform may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside of Singapore.
Authority of Arbitrator. As limited by these Terms and applicable arbitration rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
Changes.** We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective and shall be deemed accepted by you, the first time you use or access the Platform after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the Platform including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Platform.
Severability. If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Waver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.