info_tfgrid/collections/legal/terms_conditions_griduser.md

USER TERMS AND CONDITIONS

!!wiki.include page:parties_threefold , governing your usage of the ThreeFold software and related products (the "TF Products"), including but not limited to:

• The ThreeFold software and technologies (the "Software"), including:
  • "Zero OS", a stateless operating system which enables distributed hardware to form the ThreeFold_Grid which generates IT Capacity (storage and compute capacity)
  • "Zero Chain", the blockchain framework
  • and any other related software components which are referenced in github under https://github.com/threefoldtech and https://github.com/threefoldfoundation
• Threefold applications (including the ThreeFold Connect app)
• ThreeFold Tokens (TFTs)
• The TFGrid and any related products.

The terms of your interaction with the websites, social networks or online communication channels maintained by the Company (including but not limited to the posting or publishing of content, information or promotional materials) shall be governed by the ‘Terms of Service’ referred to on www.threefold.io, which are incorporated herein by reference.

The IT Capacity services provided by Farmers on the ThreeFold_Grid are governed by the present Agreement, but may be supplemented by additional terms agreed between the relevant Farmer and the User governing their delivery, access and use of the IT Capacity through the ThreeFold_Grid. This supplementation shall not extend the liability of ThreeFold.

You understand and agree that by accepting the terms of this Agreement, either by clicking to signify acceptance, or by taking any one or more of the following actions downloading, installing, running,/and or using the applicable TF Products, you agree to be bound by the terms of this Agreement effective as of the date that you take the earliest of one of the foregoing actions. You represent and warrant that you are 18 years old or older and have the right and authority to enter into and comply with the terms of this Agreement.

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2. USE OF TF PRODUCTS

By entering into this Agreement you receive a non-exclusive, non-sublicenseable, non-transferable right to use the TF Products pursuant to this Agreement during the Term hereof solely for your internal business purposes subject to the limitations set forth herein.

You acknowledge that the Software consists of open source code which is made available to you pursuant to the terms of the relevant open-source license agreement(s) as specified in github under https://github.com/threefoldtech and https://github.com/threefoldfoundation (the "Open Source License(s)"). Your use of the Software and the TF Products is conditioned upon your compliance at all times with the terms of all applicable Open Source License(s), including without limitation all provisions governing access to source code, modification, and/or reverse engineering. You are responsible for complying with any applicable documentation, meaning any information that describes the TF Products, provides instructions or recommendations related to the configuration and/or use of the TF Products, or otherwise informs Users of their intended use, including, but not limited to content provided directly to User or published at or otherwise made available in conjunction with the ThreeFold_Grid, the ThreeFold_Token or the Software ("Documentation") and for satisfying all technical requirements of the TF Products, including any requirements set forth in the Documentation for ensuring that the TF Products perform properly.

3. FARMER GRANT OF RIGHT TO FARMING POOL

By making available one or more computers, network or storage devices ("3Nodes") and connecting such 3Nodes to the TF Grid (as part of a Farming Pool) via the Software, you hereby grant to Company and Users the irrevocable right to access and use the 3Nodes as follows:

• to use storage, compute and network services as delivered by your 3Node(s)
• to store data and materials by Users on your 3Node(s) (the "Content") and to access such Content from your 3Node(s) at any time

in accordance with the capabilities of the software installed on the 3Nodes;

4. REGISTRATION TO THE THREEFOLD CONNECT (FORMERLY 3BOT CONNECT) APPLICATION

In order to access certain TF Products you will be required to install the ThreeFold Connect application on your device and register your account in this ThreeFold Connect application by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a User ("3Bot Administrator"), you represent and warrant that you are authorized to make decisions on behalf of the User and agree that ThreeFold is entitled to rely on your instructions.

You are responsible for notifying us at legal@threefold.io if you become aware of any unauthorized use of or access to your 3Bot account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. ThreeFold will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by ThreeFold or a third party due to someone else using your account. In the event that the 3Bot Administrator or User loses access to an account or otherwise requests information about an account, ThreeFold reserves the right to request from the 3Bot Administrator or User any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

5. USE OF THREEFOLD TOKENS

ThreeFold_Tokens (TFTs) are a digital token used to buy autonomous and decentralized IT Capacity (compute, storage, network, IT services, applications) on the ThreeFold_Grid. TFTs have a specific commercial utility, since ThreeFold_Tokens were conceived as the designated currency for buying and selling IT Capacity on the ThreeFold_Grid.

TFTs are exclusively generated through a process called Farming, which means that TFTs are created only when new IT Capacity is added to the ThreeFold_Grid. TFTs are registered on a blockchain which is part of the Stellar Network (https://stellar.org), Binance Smart Chain, a Cosmos Chain or our own TFChain.

The first batch of TFTs that got registered in the blockchain consists of the ‘Genesis Block’ of 685 million TFTs that were Farmed by or on behalf of the Company using an initial Farming Pool, also known as the Genesis Pool.

Two versions of ThreeFold_Tokens have been issued:

• A first version of the ThreeFold_Token was issued as from March 2018 on ThreeFolds initial blockchain called Rivine. These TFTs are also referred to as "TFTv1" or "TFTA". These tokens have now been migrated to the Stellar blockchain.
• A second version of the ThreeFold_Token was issued as from May 2020 on the Stellar blockchain. These TFTs are also referred to as "TFTv2". This token is available on multiple blockchains, the total amount of tokens farmed is the same independent of blockchain used, TFBridges are used to migrate TFTs between blockchain technology.

While the original TFTv1 kept all same properties and benefits, they are now called TFTA on the Stellar blockchain. Since the creation of the TFTv2, TFTA’s have become ThreeFolds voluntary staking pool of Tokens, which means these TFTs can only be used to buy IT Capacity and cannot be traded otherwise. However any User can convert TFTA’s into TFTs (i.e. TFTv2) as explained on our wiki. Once converted, any TFT’s can be traded or transferred by various means as the User deems fit.

The TF Foundation has chosen to use multiple blockchain technology for storing and managing the TFT. You can use any wallet that supports the chosen blockchain, including but not limited to the wallet included in the ThreeFold Connect app.

Your use of the TF Products and/or TFTs constitutes your acknowledgement of the aforementioned general principles relating to the ThreeFold_Tokens. As a User you furthermore acknowledge that:

• each TFT constitutes a value of exchange on the ThreeFold_Grid;
• you have been advised that the ThreeFold_Tokens are the result of farming which means a Farmer connects IT Capacity to the ThreeFold_Grid;
• as such the TFTs have not been registered under any country’s securities laws;
• TFTs are neither securities nor an investment instrument; and
• the purchase, creation or use of TFTs involve risks, all of which the User fully and completely assumes by entering into this Agreement.

6. MODIFICATIONS TO THE TF PRODUCTS

We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, any TF Products (or any features or functionality thereof) at any time without notice and without obligation or liability to you. You agree that ThreeFold shall not be liable to you or any third party for any modification, suspension, or discontinuance of the TF Products or related services.

7. USER RESPONSIBILITIES

At all times during the Term of this Agreement or the period when you use any TF Products, your Content is maintained in a 3Node or TFTs are maintained in a wallet address of which you hold the private keys, whichever is longer:

1. You will comply with the terms of this Agreement and the Privacy Policy and any other terms and conditions required by in connection herewith, the Open Source Licenses, and the terms of all other agreements to which you are a party in connection with your performance under this Agreement including, without limitation, any agreement you have with a third-party service provider.
2. You will use and operate the TF Products in strict compliance with terms of this Agreement and any applicable laws or regulations, and you will not take any action not expressly authorized hereunder.
3. Without prejudice to your rights under any applicable Open Source license, you will not modify or attempt to modify the TF Products for any purpose including but not limited to attempting to circumvent the audit, bypass security, manipulate the performance of, or otherwise disrupt the TF Products for any reason, including but not limited to attempting to increase the amount of data stored or bandwidth utilized, as defined herein, and you will not otherwise interfere with the operation of the ThreeFold_Grid.
4. You acknowledge and agree that the Company has no practical access to your data or knowledge of the nature of the data stored on your 3Bot or the 3Nodes (including but not limited to Content) and that it does not retain any Content or other data that you process using the ThreeFold_Grid. The Company has no control in the management of such Content or data, nor any influence in the specific processing procedures. The Company will never pursue changes to TF Products that could make User data accessible to Company or third parties. We are a neutral intermediary and do not act on behalf of a Farmer, User or any other party to process Content or User data and thus you acknowledge and agree that we should not be qualified as data processors or sub-processor under the General Data Processing Directive (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (‘GDPR’).
5. Company may suspend User’s use of the TF Products if Company believes the User to be: (a) violating any term of this Agreement; or (b) using the TF Products in a manner that Company reasonably believes may cause a security risk, a disruption to the TF Products (including the ThreeFold_Grid), or liability for Company or any persons involved in the ThreeFold Open Source project.

8. USAGE RESTRICTIONS (ACCEPTABLE USE)

You will use the TF Products in strict accordance with the terms of this Agreement and in no other manner. Without limiting the generality of the foregoing, you will not:

1. access or use the TF Products: (i) in violation of applicable laws; (ii) to send or store material knowingly or intentionally containing software viruses, worms, Trojan horses or other harmful computer code, files, or scripts; (iii) in a manner that interferes with or disrupts the integrity or performance of the ThreeFold_Grid (or the data contained therein); or (iv) in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying their use of the TF Products or that could damage, disable, overburden or impair the functioning of the TF Products in any manner.
2. delete or otherwise render Content unavailable for recovery independent of the programmatic functionality of the relevant software;
3. violate, infringe or misappropriate any intellectual property or other third-party right or commit a tort;
4. modify, copy (other than standard page caching), publicly perform, publicly display, sell, rent, lease, timeshare or otherwise distribute the TF Products, in whole or in part. This restriction does not apply to open source software we release, which you can use subject to the applicable open source software license terms;
5. attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the TF Products, without providing prior notice to Company of the method used to bypass or circumvent;
6. in any other way attempt to interfere, impede, alter, or otherwise interact with the TF Products in any manner not expressly authorized hereunder;
7. use any of the TF Products other than for its intended purposes; or
8. use the TF Products to engage in or promote any activity that violates these User Terms and Conditions.

9. CONTENT RESTRICTIONS

The IT Capacity that is made available on the ThreeFold_Grid can be used by any Users to create, post, upload, share or store Content, such as text, graphics, photos, videos, sound, data or other information and materials submitted or provided by Users.

We have no access to, nor do we control, own, or endorse any Content that you transmit, store or process via the ThreeFold_Grid or any other TF Products. You are solely responsible for any Content stored using the ThreeFold_Grid or any TF Products, and for any data that you have entered using the ThreeFold Connect application. You hereby represent and warrant that (1) you own all intellectual property rights (or have obtained all necessary permissions) to provide your Content and other data; (2) such Content and other data will not violate any agreements or confidentiality obligations; and (3) such Content and data will not violate, infringe or misappropriate any intellectual property right or other proprietary rights of any person or third party.

You will not create, post, share or store Content or other data that:

1. is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, otherwise create liability or violate any local, state, national or international law;
3. intentionally misleads by containing or depicting any statements, remarks or claims that do not reflect your honest views and experiences;
4. impersonates, or misrepresents your affiliation with, any person or entity (including Company);
5. references or depicts Company, our TF Products or any related services but fails to disclose any material connection to us that may exist;
6. contains any unsolicited promotions, political campaigning, advertising or solicitations;
7. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
8. in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the TF Products, or that may expose Company or others to any harm or liability of any type;

10. REPRESENTATIONS AND WARRANTIES

You hereby represent, warrant, and covenant that:

1. You have full legal capacity, power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and binding obligations of the User, enforceable in accordance with its terms.

2. You are NOT a target person or entity under any restrictive measures in the framework of the EU Common Foreign and Security Policy and you are NOT named on any E.U. or U.S. government denied-party list.

3. You are, and have at all times been, in compliance in all material respects with each legal requirement that is are applicable to you, or the ownership of your assets, relating to money laundering (including but not limited to applicable anti-money laundering regulations).

4. You have been advised and acknowledge that the ThreeFold_Tokens or TFTs are NOT issued by any company or organization and are only registered in the TF BlockChain as an automatic action when a Farmer connects IT Capacity to the ThreeFold_Grid, as such they have not been registered under any country’s securities laws.

5. You understand that the TFTs involve risks, all of which you fully and completely assume. You understand and expressly accept that the TFTs will be created and delivered to you at your sole risk on an "AS IS" basis. You understand and expressly accept that you have not relied on any representations or warranties made by the Company outside this Agreement, including, but not limited to, conversations of any kind, whether through oral or electronic communication, or any white paper. Without limiting the generality of the foregoing, you assume all risk and liability for the results obtained by any use of TFTs and regardless of any oral or written statements made by or on behalf of the Company, by way of technical advice or otherwise, related to the use of the TFTs.

6. You have such knowledge and experience in technology, financial and business matters that you are capable of evaluating the merits and risks of such purchase of TFTs and corresponding IT Capacity and are able to bear the economic risk of such acquisition for an indefinite period of time.

7. You are executing this Agreement for your own account, not as a nominee or agent.

8. You understand that you have no right against the Company or any other person related to the ThreeFold project except in the event of the Company’s breach of this agreement or intentional fraud.

9. You understand that you bear sole responsibility for any taxes as a result of the matters and transactions the subject of this Agreement, and any future acquisition, ownership, use, sale or other disposition of TFTs. To the extent permitted by law, you agree to indemnify, defend and hold the Company or any of its affiliates, employees or agents (including developers, auditors, contractors or founders) harmless for any claim, liability, assessment or penalty with respect to any taxes (other than any net income taxes of the Company) associated with or arising from your acquisition, use or ownership of TFTs hereunder.

11. TERM AND TERMINATION

This Agreement shall be effective as of the date that you take the earliest of the following actions: your acceptance of this Agreement, either by clicking to signify acceptance, or by taking any one or more of the following actions: downloading, installing, running and/or using any TF Product. It will continue until terminated per the terms below.

Either party may terminate this Agreement immediately at any time without notice to the other party.

In case of termination, the User shall immediately cease using the TF Products.

12. FEEDBACK

Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the TF Products any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Users relating to the features, functionality, or operation thereof ("Feedback"). Company shall have no obligation to use Feedback, and User shall have no obligation to provide Feedback.

13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Company and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "Indemnified Parties") from and against all claims, damages, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the TF Products; (ii) any Feedback you provide; or (iii) your breach of this Agreement.

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

If any TF Product becomes, or in Company’s reasonable judgment is likely to become, the subject of a claim of infringement, then Company may in its sole discretion: (a) obtain the right, for User to continue using such TF Product; (b) provide a non-infringing functionally equivalent replacement; or (c) modify such TF Product so that it is no longer infringing. If Company, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then Company may, without liability, suspend or terminate User’s use of the relevant TF Product. This Section 12 states Company’s sole liability and User’s exclusive remedy for infringement claims.

14. DISCLAIMER AND LIMITATION OF LIABILITY

The User hereby acknowledges the fact that he/she has been advised that TFTs may qualify as a security and that the offers and sales of TFTs have not been registered under any country’s securities laws and, therefore, cannot be resold except in compliance with the applicable country’s laws.

The User understands that the use of TFTs, the other TF Products and/or the ThreeFold_Grid involves risks, all of which the User fully and completely assumes, including, but not limited to, the risk that (i) the technology associated with the ThreeFold_Grid, 3Nodes, 3Bot and/or related TF Products will not function as intended; (ii) the Threefold project will not be completed; (iii) Threefold will fail to attract sufficient interest from key stakeholders; and (iv) ThreeFold or any related parties may be subject to investigation and punitive actions from governmental authorities.

Except as explicitly set forth herein, Company makes no representations that the TF Products are appropriate for use in any jurisdictions. Users engaging with the TF Products from any jurisdictions do so at their own risk and are responsible for compliance with local laws.

The User understands and expressly accepts that the TFTs, ThreeFold Connect App, the ThreeFold_Grid and other TF Products were created and made available to the User at its sole risk on an "AS IS" and "UNDER DEVELOPMENT" basis.

COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE TF PRODUCTS OR DOCUMENTATION WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, VIRUS FREE, OR FREE OF MALICIOUS CODE OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. COMPANY DOES NOT CONTROL, ENDORSE, SPONSOR, OR ADOPT ANY CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTENT STORED ON THE THREEFOLD GRID. COMPANY HAS NO OBLIGATION TO SCREEN, MONITOR, OR EDIT CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO INDEMNITY, SUPPORT, SERVICE LEVEL, OR OTHER OBLIGATIONS HEREUNDER.

User understands and expressly acknowledges that it has not relied on any representations or warranties made by the Company, TF Tech NV, Bettertoken NV, Kristof De Spiegeleer, any person or entity involved in the development or promotion of the TF Products and/or the ThreeFold project, or any related parties, including, but not limited to, conversations of any kind, whether through oral or electronic communication or otherwise, or any whitepapers or other documentation.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE TF PRODUCTS (INCLUDING THE THREEFOLD TOKENS) AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THREEFOLD, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE THEREOF.

COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, DATA, OR DATA USE, OR DAMAGE TO BUSINESS) HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN PREVIOUSLY ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE, AND COMPANY SHALL ONLY BE LIABLE FOR DIRECT DAMAGES CAUSED BY ITS GROSS NEGLIGENCE. IN NO EVENT WILL COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED ONE HUNDRED EURO (€ 100.00).

15. RELEASE

To the fullest extent permitted by applicable law, you hereby explicitly release (1) the TF Foundation (ThreeFold_Dubai), (2) each individual or entity acting as a Farmer, (3) TF Tech NV, (4) any of the companies or individuals related to these entities, and (5) any person contributing or otherwise assisting in developing, marketing or distributing the TF Products (hereinafter collectively referred to as "ThreeFold Relatives") from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to:

• the acts or omissions of third parties; and

• your purchase of TFTs (if any) from ThreeFold Relatives, regardless of the names or former names under which such TFTs may have been identified in the relevant contracts (e.g. ‘Internal ThreeFold_Tokens’, ‘iTFTs’, TFTs, etc.).

If and to the extend you have purchased or otherwise acquired TFTs from ThreeFold Relatives that were identified in the relevant contracts as ‘Internal ThreeFold_Tokens’ or ‘iTFTs’, your use of the TF Products (including your subsequent receipt or acceptance of TFTs) implies your confirmation that such purchase or acquisition has been duly completed as a result of your receipt of a corresponding amount of TFTs, and that all deliverables under the relevant contracts (known as ‘iTFT Purchase Agreement’, ‘TFT Purchase Agreement’ or ‘ITO investment agreement’) have been duly delivered and that there are no further obligations from any ThreeFold Relatives to you in relation to such contracts.

16. EXPORT COMPLIANCE

The TF Products may be subject to export laws and regulations of the European Union, the United States and other jurisdictions. The User represents that it is not named on any E.U. or U.S. government denied-party list. The User shall not access or use the TF Products in a E.U. or U.S.-embargoed or any sanctioned country or region or in violation of any E.U. or U.S. export law or regulation. User shall not use the TF Products to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the E.U. or U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the European Union, any EU country or the U.S. Government and any country or organization of nations within whose jurisdiction the User operates or does business.

17. ENTIRE AGREEMENT,SEVERABILITY, WAIVER

1. This Agreement sets forth the complete and final agreement of the parties concerning the subject matter hereof, and supersedes, replaces all prior agreements, written and oral, between them concerning the subject matter hereof. If a term of this Agreement to be invalid or unenforceable, the remaining provisions will continue in full force and effect. A party’s consent to, or waiver of, enforcement of this Agreement on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.

2. We reserve the right to change this Agreement from time to time in our sole discretion. If we make material changes to this Agreement, we will provide notice of such changes, such as by posting the revised User Terms and Conditions on our websites or in the ThreeFold Connect application. By continuing to access or use the TF Products or otherwise participate in the ThreeFold_Grid after the posted effective date of modifications to this Agreement, you agree to be bound by the revised version of this Agreement. If you do not agree to the modified Agreement, you must stop using and interacting with the TF Products.

3. The parties are independent contractors. No agency, partnership, franchise, joint venture, or employment relationship is intended or created by this Agreement. Neither party has the power or authority to create or assume any obligation, or make any representations or warranties, on behalf of the other party.

4. The User agrees that the Company may transfer and assign the Agreement in its sole discretion, provided a notice of such assignment is sent to the User within fifteen days of such assignment.

5. Notices to Company made under this Agreement shall be made by email to legal@threefold.io AND in writing and delivered by registered mail (return receipt requested) or nationally-recognized overnight courier service to ThreeFold_Dubai, United Arab Emirates, attention Legal Department. You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Software and/or the ThreeFold_Grid ("Communications"). We may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on our websites. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. OPERATIONS OF THIRD-PARTY'S DIGITAL ASSET PROTOCOLS AND SERVICES

1. TF Tech NV ("TF Tech) does not provide (investment) advice regarding cryptocurrencies. You acknowledge that any information provided as part of TF Tech’s ThreeFold Connect App and/or ThreeFold Wallet (the "Platforms") is not intended as a (personal) recommendation to buy, sell or hold (cryptocurrency) assets. All trading services offered on or through TF Tech’s Platforms are offered on the basis of "execution only". Your orders are executed automatically by our systems.

2. You hereby confirm to be aware of and accept the risks associated with the purchase, sale and holding of cryptocurrencies and agree not to enter into transactions that can lead to losses that you cannot bear.

3. TF Tech does not have control over the delivery, quality, legality, safety or any other aspects of any digital assets or services provided to you by third parties.

4. TF Tech assumes no responsibility for the operation of the underlying software protocols which govern the operation of the cryptocurrencies other than the ThreeFold Token (‘TFT’) which may be displayed or referred to on its ‘software’ and services, including but not limited to, its Platforms.

5. TF Tech NV does not own or control the underlying software protocols which govern the operation of third party’s digital assets supported on Platforms. Generally, the underlying protocols are controlled by third-party services. TF Tech NV assumes no responsibility for the operation of the underlying protocols and is not able to guarantee the functionality, availability, or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including "forks"). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the third party’s digital asset you store in TF Tech’s Platforms.

6. TF Tech does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by TF Tech NV in determining whether to continue to use the ThreeFold Connect App account or "Platforms" for the affected third-party’s digital asset. In the event of any such operational change, TF Tech NV reserves the right to take such steps as may be necessary to protect the security and safety of assets held on ThreeFold’s "Platforms", including temporarily suspending operations, and other necessary steps. TF Tech NV will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of TF Tech’s control and may occur without notice to TF Tech NV. TF Tech NV’s response to any material operating change is subject to its sole discretion and includes deciding not to support a third-party’s digital asset fork, or other actions.

7. You acknowledge and accept the risks of operating changes to third-party’s digital asset protocols and agree that TF Tech NV is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that TF Tech NV has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with third-party’s digital assets, operational changes, unsupported currencies, or protocols.

19. TAXES

1. You shall be solely responsible for and shall pay (and shall indemnify TF Tech against any liability with respect to any failure by you to pay) all income taxes, value added taxes, goods and services taxes and any and all other taxes or sums due to national, federal, state or local governments (as the case may be) as a result of your use of the Platforms..

2. You acknowledge that only you are responsible for the provision of information to tax authorities where such is required. Notwithstanding the above, upon request from a tax authority, TF Tech will provide information relating to you to the tax authorities.

20. EXCLUSION OF LIABILITY

1. For the avoidance of doubt and notwithstanding the generality of the liability limitations set out in the applicable terms and conditions governing your use of the Platforms and/or other software or services provided by TF Tech, no liability shall exist in any manner whatsoever for:

• differences in prices resulting from delayed processing of buy- or sell orders;
• cancellation of orders by reason of clearly misquoted prices;
• any damage incurred relating to the ThreeFold Wallet feature;
• any losses resulting from hacks, system failures and/or regulatory actions; and
• any indirect loss (including consequential loss, loss of income and profit, loss of data and non-material loss).

2. Except in case of intentional misconduct by TF Tech, the liability of TF Tech in respect of the Platforms shall in all cases be limited to the amount paid by you for the Platforms during the month prior to the moment the cause of the damage occurred.

21. GOVERNING LAW AND VENUE

This Agreement will be governed by Luxembourg law. Any disputes shall be subject to the jurisdiction of the courts of Luxembourg, Grand Duchy of Luxembourg.

APPENDIX

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