Terms of Service

Last Updated: March 14, 2024

This is a service that runs on the Cardano blockchain.

Acceptance

By using this service you: warrant to us that you have reviewed these Terms and Conditions with your parent or legal guardian (if you are under 18 years old), and you understand them; warrant to us that you have the authority to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the service and they have agreed to the Terms on your behalf; and agree to use the service in accordance with the Terms. Please read the Terms carefully and immediately cease using the service if you do not agree to them. You must not use the service unless you are at least 13 years old. If you are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to use the service, you agree to: (i) supervise the Minor’s use of the Service (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the service and their account; (iii) ensure that the content on the service is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

Using the Service

We grant you a non-exclusive, non-transferable (except with our written permission), non-sublicensable (except as otherwise permitted under these Terms), personal and revocable license to access and use the services available on the website. Transactions that take place on the service are managed and confirmed via the Cardano blockchain. You understand that your Cardano public address will be made publicly visible whenever you engage in a transaction on the service. You may be required to download, install or use third party services (such as Eternl, Nami, Flint) in order to use the Service. You acknowledge and agree that you may not be able to use all features of the Service in the event that you do not use these third party services.

Banned Behavior

You agree not to yourself or authorize any third party on your behalf to, interact in the Service in a manner that is contrary to any rules or guidelines we may impose from time to time, or in a way that we determine, in our absolute discretion, to be cheating, farming, or otherwise acting in a manner that may negatively impact the enjoyment of others in connection with the Service. This includes, without limitation, using third party software (by injecting the software into the Service or otherwise) to give you or another user an unfair advantage, or to automate aspects of gaming, creating and using multiple Accounts, sharing your Account, participating in win trading with other users and otherwise acting contrary to the spirit of the Service. For clarity, acting contrary to this clause will be considered a material breach of these Terms and may result in banning your Cardano address or IP address.

Referrals

From time to time, we may offer incentives to you. If you participate in an incentive program, you agree not to act in any way which allows you to fraudulently, inappropriately or unfairly receive the benefits of a program. This includes, without limitation, sending referral links to yourself and/or creating multiple Accounts. For clarity, acting contrary to this clause will be considered a material breach of these Terms and may result in suspension and/or termination. Additionally, if you breach this clause, we may withhold any referral payments relating to a referral program.

Communication

We may facilitate a communication server, and other forums on which you are able to communicate with other Service participants. We ask you to limit your discussions to topics which are relevant to the Service. You acknowledge and agree that you are not permitted to send any communication which contains foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks. We reserve the right to remove any communication which we, in our sole discretion, deem to be inappropriate, and prevent you from further participating in the communication methods outlined above.

Eligibility

All staked addresses on the Cardano network are eligible.

Restrictions

You must not access or use the Services except as permitted by these Terms and you must not and must not permit any other person to: use the service in any way which is in breach of any applicable Laws or which infringes any person's rights, including Intellectual Property rights; use the Services to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; use the Service in any way that damages, interferes with or interrupts the supply of the Service; introduce malicious programs into our hardware and software, including viruses, worms, trojan horses and e-mail bombs; use the Service to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes); use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Service; or to send any form of harassment via email, or any other form of messaging (such as the messaging features within the Service), whether through language, frequency, or size of messages or use the Service in breach of any person’s privacy (such as by way of identity theft or “phishing”). Items are only to be earned, purchased or sold for the purpose of genuinely interacting with the Service.

Third Parties

You acknowledge and agree that: the provision of the Service may be contingent on, or impacted by, third parties, other customers’ use of our services, suppliers, other subcontractors (Third Party Inputs); and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs. For clarity, Third Party Inputs may include Metamask, Coinbase, Google Chrome and the Cardano network. This clause will survive the termination or expiry of these Terms.

Intellectual Property

Rights Our Intellectual Property All Intellectual Property in the Service and that Intellectual Property developed, adapted, modified or created by us or our Personnel (including in connection with these Terms) is and will remain owned exclusively by us or our third party service providers. You must not, without our prior written consent: copy or use, in whole or in part, any of our Intellectual Property; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party; reverse assemble, reverse engineer, reverse compile or enhance the Service; breach any Intellectual Property Rights connected with the Service, including altering or modifying any of our Intellectual Property; cause any of any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property; resell, assign, transfer, distribute or make available the Service to third parties; “frame”, “mirror” or serve any of the Service on any web server or other computer server over the Internet or any other network; alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Service; Notwithstanding anything to the contrary in these Terms or elsewhere, we may monitor, analyze and compile statistical and performance information based on and/or related to your use of the Service, in an aggregated and anonymized format (Analytics). You agree that we may make such Analytics publicly available, provided that it: does not contain identifying information; is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics, including all Intellectual Property rights in the foregoing.

Your Intellectual Property

As between you and us, (i) all Data is and remains your property, and (ii) you retain any and all rights, title and interest in and to the Data, including all copies, modifications, extensions and derivative works thereof. License: You grant us a limited license to copy, transmit, store and back-up or otherwise access the Data during the Term solely to: supply the Service; diagnose problems with the Service; enhance and otherwise modify the Service; develop other services, provided we de-identify the Data; and as reasonably required to perform our obligations under these Terms.

General:

You must, at all times, ensure the integrity of the Data and that your use of the Data is compliant with all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in these Terms; and (ii) the Data and its transfer to and use by us, as authorized by you under these Terms do not violate any Laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized in these Terms is not inconsistent with the terms of any applicable privacy policies. We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it. This clause will survive termination or expiry of these Terms.

Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANTO ELECTRONICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF SANTO ELECTRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY BREACH OF CONDITION(S) OR FUNDAMENTAL TERM(S) OR FOR A FUNDAMENTAL BREACH (S). IN ANY CASE, SANTO ELECTRONICS AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT RECEIVED BY SANTO ELECTRONICS FROM USER FOR THE SOFTWARE AND OGS PURSUANT TO THIS AGREEMENT PROVIDED. THIS LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL SUCH PARTY’S EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.

Termination

You may terminate these Terms at any time by ceasing to use the Service. If you breach these Terms, we may immediately suspend your access. You will have an opportunity to appeal the suspension by contacting us. We may also terminate these Terms if you have breached a material term of these Terms and has failed to remedy such breach within 3 Business Days of receiving notice to do so, subject to any other express right of termination. On termination of these Terms, you may no longer have access to the Service and information that you have posted to the Service. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms. This clause will survive termination or expiry of these Terms.

General

Functionality: We reserve the right at any time and from time to time to change or remove features of the Service.

Disputes:

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with Arbitration Rules. The language of the arbitration shall be English. The number of arbitrators shall be one. Notices: We may provide you with notices (including, without limitation those regarding changes to these Terms) by email, or postings on the Service. You may provide us with notices through the Service.

Waiver:

Any failure or delay by a Party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a Party from exercising that power or right or any other power or right. A waiver must be in writing.

Severance:

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

Assignment:

We may assign, transfer or otherwise deal with all or any of its rights or obligations under these Terms without your prior written consent.

Amendment:

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check our Site regularly to ensure you are aware of the current Terms.

Governing law:

These Terms are governed by the laws of Florida, United States. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Florida and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts. The Service may be accessed in the United States and overseas. We make no representation that the Service complies with the laws (including Intellectual Property laws) of any country outside of the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for complying with the laws in the place you access the Service. This clause will survive termination or expiry of these Terms.

Interpretation

In these Terms, unless the context otherwise requires: the singular includes the plural and vice versa; headings are for convenience only and do not affect interpretation; a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time; if any act which must be done under these Terms is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day; the word "month" means calendar month and the word "year" means 12 months; the words "in writing" include any communication sent by letter or email or any other form of communication capable of being read by the recipient; a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time; includes and similar words mean includes without limitation; a reference to $ or dollars refers to the currency of United States from time to time; a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body; and no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it.