terms of use_

These Terms of Use ("Terms") are a legal agreement between you, the user, and Soul Foundation ("Soul", "we", or "us"). By accessing or using Soul.io (the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with these Terms, you are not authorized to access or use the Site. IMPORTANT: The "Dispute Resolution" section of these Terms includes an arbitration clause. This clause mandates that disputes be resolved through individual arbitration, not in court, and prohibits class action claims. This provision significantly affects how disputes between you and Soul are resolved and by accepting these Terms, you acknowledge and agree to this arbitration requirement. Please review it carefully.

Soul reserves the sole right to modify these Terms at its discretion. Notifications of any changes will be indicated by updating the date at the top of the Terms, with the latest version always accessible at https://soul.io/terms. These modifications take effect immediately upon posting and by continuing to access the Site following these changes, you acknowledge and accept the revised Terms. Should you find any modifications to the Terms unacceptable, it is imperative that you stop using the Site immediately.

In order to access or use the Site, it's essential that you are legally capable of forming a binding contract with us. By using the Site, you confirm that you meet the age of majority in your jurisdiction and possess the necessary rights, power, and authority to agree to and abide by these Terms. This extends to any representation you might make on behalf of a company or legal entity. Furthermore, you warrant that you are not subject to any economic or trade sanctions enforced by any government authority, nor are you listed on any prohibited or restricted parties lists, such as the one maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury. Additionally, you certify that you are neither a citizen nor a resident of, nor organized in, any jurisdiction or territory that is under comprehensive economic sanctions imposed by the United States. Lastly, you affirm that your use of the Site will be in full compliance with all relevant laws and regulations. You pledge not to use the Site for any activities that are illegal or that promote or facilitate unlawful conduct.

Soul and its related entities own all intellectual property and other rights in the Site and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. The Soul Protocol is comprised of source-available software running on public distributed blockchains.

Soul retains a comprehensive range of rights, which include, but are not limited to: (a) the ability to alter, replace, discontinue, or augment the Site, which may be exercised with or without prior notice to you; (b) the authority to inspect, modify, filter, deactivate, erase, and eliminate any content and information on the Site, as deemed necessary; (c) the commitment to collaborate with law enforcement, court proceedings, government inquiries, or any third-party directives that require us to reveal information or content provided by you or related to you.

Your use of the Site is governed by our Privacy Policy, which details how we handle all information collected through the Site. By accessing and using the Site, you are giving your consent for us to manage your information in accordance with the guidelines and practices outlined in our Privacy Policy.

In agreeing to use the Site, you commit not to engage in, nor attempt to engage in, any of the following prohibited activities: Intellectual Property Infringement: Engaging in activities that infringe or violate any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights as established by law. Cyberattack: Conducting activities that aim to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology systems. This includes, but is not limited to, the deployment of viruses and execution of denial of service attacks. Fraud and Misrepresentation: Engaging in activities that intend to defraud us or any other person or entity. This includes, but is not limited to, providing false, inaccurate, or misleading information to unlawfully acquire another's property or benefits. Any Other Unlawful Conduct: Engaging in any activity that violates applicable laws, rules, or regulations of Canada, the United States, or any other relevant jurisdiction. This encompasses, but is not limited to, adhering to all restrictions and regulatory requirements imposed by Canadian and U.S. law.

The information presented on the Site is provided solely for general informational purposes and Soul makes no claims regarding its accuracy, completeness, or usefulness. Any reliance placed on such information is done so at your own risk, and we disclaim all liability and responsibility for any reliance you or any other visitor to the Site, or anyone informed of its contents, might place on these materials. Furthermore, the Site may include content from third parties, and it is important to understand that any statements, opinions, articles, responses to questions, and other content provided by third parties are the sole responsibility and opinions of those authors or entities, not Soul. These third-party materials do not necessarily reflect the opinion of Soul, and we are not responsible or liable for the content or accuracy of any material provided by third parties on the Site.

The Site is provided on an "as-is" and "as-available" basis, and Soul expressly disclaims liability for any kind of damages that may arise from your use of the Site. This includes, but is not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages, even if advised of the possibility of such damages. Your use of the Site is entirely at your own risk, and Soul is not liable for any losses or damages resulting from your use of the Site. This encompasses issues like changes to, inaccessibility or termination of the Site; delays, failures, unauthorized access or alterations of any transmission or data; any transactions or agreements made through the Site; third-party activities or communications; or any data or material from third persons accessed through the Site. We do not guarantee the accuracy or completeness of the Site's content or that of any linked websites. Soul is not responsible for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access and use of the Site, unauthorized access to or use of our servers and/or any personal or financial information stored on them, any interruption or cessation of transmission to or from the Site, any bugs, viruses, Trojan horses, or the like transmitted to or through the Site by any third party, and any errors or omissions in content and materials or for any loss or damage incurred as a result of the use of content posted, transmitted, or otherwise made available via the Site. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue your use of the Site. It's important to note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

By choosing to access or use the Site, you acknowledge and agree that you are solely and entirely responsible for understanding and complying with all relevant laws, rules, and regulations that may apply to your use of the Site. This responsibility extends to ensuring adherence to all local, state, national, and international laws and regulations that could be applicable to your activities and conduct while using the Site. Your agreement involves an understanding that it is your duty to stay informed about and conform to any legal requirements, including but not limited to those pertaining to privacy, data protection, intellectual property and any other relevant legal or regulatory frameworks that might impact your use of the Site. You also recognize that this responsibility is a continuous obligation that remains in effect for as long as you access or use the Site. It is incumbent upon you to be aware of and stay updated with any changes or amendments to these laws and regulations, as ignorance or misunderstanding of such laws does not exempt you from compliance. Furthermore, you acknowledge that your failure to comply with these applicable laws and regulations could result in significant legal consequences for you, and you agree that we are not liable for any non-compliance on your part. Your agreement to these terms signifies a proactive commitment to legal and responsible use of the Site.

By accessing and using the Site, you confirm that you possess the necessary financial and technical sophistication to comprehend the inherent risks involved in using cryptographic and blockchain-based systems. This includes an understanding of digital assets and their complexities. You are aware that transactions on the blockchain are irreversible and recognize the high volatility in the markets for these digital assets due to various factors, including but not limited to adoption, speculation, technology, security, and regulation. You acknowledge that the costs and speed of transactions using cryptographic and blockchain-based systems are variable and can increase significantly at any time. You are also aware that your digital assets may diminish in value while they are supplied to the Protocol through the Site. This includes potential losses due to price fluctuations in tokens in a trading pair or liquidity pool, and in expert modes, significant price slippage and costs. You understand that anyone can create a token, including counterfeit versions of existing tokens or tokens that falsely represent projects. You accept the risk of mistakenly trading such tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any losses you may incur while accessing or using the Site. Therefore, you agree to assume full responsibility for all risks associated with accessing and using the Site to interact with the Protocol.

The Site may feature references or links to external resources, including but not limited to, information, materials, products, or services, belonging to third parties, which are neither owned nor controlled by us. Additionally, third parties might offer promotions in connection with your access and use of the Site. It's important to clarify that we do not endorse and are not responsible for any of these external resources or promotions. Should you choose to access these third-party resources or engage in their promotions, you do so at your own risk. Be aware that our Terms do not govern your interactions or relationships with these third parties. By using these external resources or participating in such promotions, you explicitly absolve us of any liability related to your use of these resources or your participation in these promotions.

By using the Site and interacting with the Protocol, you explicitly agree to assume all associated risks. Moreover, you expressly waive and release us from any liability, claims, causes of action, or damages that may arise from or relate to your use of the Site and your interactions with the Protocol. If you are a resident of California, you specifically waive the benefits and protections of California Civil Code § 1542. This law states that "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." By agreeing to these terms, you acknowledge that this waiver applies even to unknown claims.

You agree to absolve, release, defend, and indemnify us, as well as our officers, directors, employees, contractors, agents, affiliates, and subsidiaries, from all claims, damages, obligations, losses, liabilities, costs, and expenses that stem from several scenarios: (a) your access and use of the Site; (b) your breach of any term or condition of these Terms, infringement of the rights of any third party, or violation of any applicable law, rule, or regulation; and (c) the access and use of the Site by any other party who receives your assistance or uses a device or account that you own or control.

Under no circumstances shall we, or our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising from or relating to your access or use of the Site. Additionally, we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or its contents. We are not liable for any errors, mistakes, or inaccuracies of content; personal injury or property damage resulting from your access or use of the Site; unauthorized access to or use of our secure servers or databases and the information stored therein; any interruption or cessation of the Site's functions; transmission of bugs, viruses, trojan horses, or similar through the Site; errors, omissions, losses, or damages arising from the use of content available through the Site; and any defamatory, offensive, or illegal conduct by any third party. Our liability to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs shall not exceed the amount you paid to access the Site, or USD$50.00, whichever is greater. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The extent of these disclaimers and limitations may not apply if prohibited by applicable law. This limitation of liability shall be applied to the fullest extent permitted by law.

Soul is committed to addressing and resolving potential disputes through informal and amicable negotiations. In the event of a dispute, you are required to inform us by sending an email to [email protected]. This step is crucial as it allows us the opportunity to resolve the issue informally, without the need for formal dispute resolution methods. We aim to reach an informal resolution within sixty days from the receipt of your email. However, if such a resolution is not achievable within this timeframe, both you and we agree to move forward with resolving the dispute as outlined below. Any claim or controversy that arises out of or is related to the Site, these Terms, or any other actions or inactions for which you believe we are responsible, including but not limited to questions of arbitrability ("Dispute"), will be conclusively and exclusively resolved through arbitration. This arbitration will follow the JAMS Optional Expedited Arbitration Procedures. It's important for you to understand that all Disputes must be resolved through binding arbitration. The arbitration process will be conducted confidentially with a single arbitrator, who will be chosen in accordance with JAMS rules. The default location for the arbitration is Liechtenstein, although both parties can mutually agree to a different location. Unless there is an agreement to the contrary, the arbitrator will not have the authority to consolidate your claims with those of any other party. Any decision or award made by the arbitrator can be submitted to any court of competent jurisdiction for legal enforcement.

You are required to bring any disputes against us strictly in your individual capacity and not as a plaintiff or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This stipulation is particularly relevant to class arbitration scenarios. In addition to this, both you and we mutually agree to forego the right to a trial by jury.

The terms and conditions you've agreed to are governed by the laws of Liechtenstein, irrespective of any conflicting legal principles. You acknowledge that the website operates solely from Liechtenstein, and while it may be accessible elsewhere, this does not establish any legal jurisdiction outside of Liechtenstein. In case of any legal disputes, you agree that the federal courts of Liechtenstein will be the exclusive location for appeals following arbitration or for court proceedings if the arbitration clause is deemed non-applicable.

The Terms, along with the Privacy Policy and Cookie Policy, represent the full agreement between you and us regarding the subject matter herein, superseding all prior agreements, communications, and understandings related to the terms, whether they were written or oral. The information on the Site is not for distribution or use in any jurisdiction or country where such distribution or use would violate local law or subject us to additional registration requirements. Therefore, individuals who access the Site from other locations do so by their own choice and are responsible for adhering to applicable local laws.