These Terms and Conditions (hereinafter referred to as "Terms") govern the use and terms of https://theunfettered.io/ (hereinafter referred to as the "Website") and the services offered by Awkay Technologies Limited (hereinafter referred to as the "Company" or "We" or "Us"), a company incorporated and registered under the laws of Seychelles. These Terms constitute a binding and enforceable legal contract between Company and its affiliates worldwide and you, an end user of the Services (hereinafter referred to as "You" or "User") with respect to the Services. You and Company are referred to separately as a "Party" and collectively as the "Parties".
By accessing, registering, using or clicking on the Services and information provided by Company through the Site, you hereby accept and agree to all of the terms and conditions set forth herein.
(i) you have read and familiarized yourself with these Terms;
(ii) you understand these Terms; and
(iii) that you will abide by these Terms when using the Website.
If you do not agree to these Terms, please do not access or use the Website or Services.
We reserve the right to modify or amend these Terms, the Website or any Content on any of the Platforms from time to time for, among other things, security, legal or regulatory reasons, and to reflect updates or changes to the Services or functionality of the Website. We encourage you to review these Terms periodically to ensure that you are aware of and are in compliance with the current versions. Users of the Site and Services will be bound by any such changes, which will become effective immediately after the revised versions of these Terms are posted on the Site or the applicable mobile application. By your continued use of or interaction with the Website, Services, tools and information provided on these platforms, you hereby agree to be bound by the terms highlighted in the versions below.
We will notify you on the Website of changes to these Terms as they occur. By accepting the notice, you agree that we have provided you with sufficient notice of the changes. You should seek professional advice regarding any legal requirements you may need to comply with in connection with your use of the Site, the Service, or any applicable Company or Partner tools.
- Affiliate: in relation to a party, refers to any other entity that is directly or indirectly (i) controlled by, (ii) controls or (iii) is under common control with that party, and in relation to the Company also includes any fund, limited partnership or other collective investment vehicle or any other person managed or advised by the Company's team.
- AML: Anti-Money Laundering.
- Applicable Laws: Refers to laws, statutes, regulations, ordinances, treaties, guidelines and policies issued by governmental organizations or regulatory bodies, including but not limited to the applicable law set forth in the laws of Seychelles.
- The Unfettered Platform: the Company's website or platform that facilitates a Free to Play and Play to Earn blockchain gaming platform and where the User can participate in game, staking, farming or such DeFi solutions and a NFT marketplace. ("Services").
- The Unfettered ($SOULS) Token: A blockchain-based token that can be issued, stored, transferred, and transacted across multiple networks. Users may be needed to hold a certain amount of SOULS Token to participate in the platform's services.
- CFT: Countering the Financing of Terrorism.
- Confidential Information: Any non-public proprietary information or documents of the User or Company (whether written, oral or otherwise) disclosed to Company by or on behalf of the User that, when disclosed in tangible or intangible form, is marked as confidential (including in visual, oral or electronic form) and relates to us or another User who was previously a User and is provided or disclosed by Company (or to employees or agents) in connection with the use of or participation in the Services.
- Content: any Company-generated content, including logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, written or multimedia materials, services, advertisements, software, code, data, files, archives, folders or available downloads on The Unfettered Platform.
- Cookies: The small text files that are stored on your computer by the website you visit. They are often used to make websites work or work more efficiently and to provide information to the website owner.
- Prohibited Jurisdictions: United States of America, Canada, New Zealand, Iraq, Islamic Republic of Iran, North Korea, Afghanistan, Yemen, Syria, Libya, South Sudan, Palestine, Bahrain, Qatar, People's Republic of China (excluding the Special Administrative Regions of Hong Kong and Macao and the territory of Taiwan), Thailand and the Socialist Republic of Vietnam.
- Services: Refers to the services provided to users through the Website, including access to Free to Play and Play to Earn blockchain gaming platform where the User can participate in game, staking, farming or such DeFi solutions and a NFT marketplace, as well as any free trial and beta services provided by the Company, which may be subject to periodic revision.
- Staking or Stake: refers to the staking or deposit service whereby Users may delegate or deposit the User's SOULS Token in exchange for a share of the Net Staking Rewards on the Platform.
- Wallet: refers to a blockchain wallet that must be compatible with the networks on which The Unfettered is active, such as MetaMask.
These Terms constitute a valid and binding agreement between you and the Company. The binding obligations set forth in these Terms are enforceable.
Revision and Changes
The Company reserves the right, at its sole discretion, to revise, modify or update any of the clauses and provisions set forth in these Terms at any time. The Company will give notice of any revision or modification of such clauses or provisions by updating these Terms and stating the "date of last revision" on a page of the Terms. All revisions and updates to these Terms will automatically become effective upon their posting on the Platform, which includes the Website. Therefore, if you continue to access or use the The Unfettered Platform and/or the Services, you will be deemed to have read, understood and accepted all revised Terms and Conditions. If you do not agree with the revised or updated Terms and Conditions, you should immediately discontinue accessing the Website or using the Services. We encourage you to review these Terms and Conditions frequently and carefully to ensure that you understand them.
By using the The Unfettered Platform, you consent to Company collecting and using your information and anonymized data about your use of the Services for analytics, identifying trends, and statistical purposes to further improve the effectiveness and efficiency of the Services.
You hereby expressly authorize Company to disclose any information about you in Company's possession to law enforcement or government officials upon request of a court order.
Links to and from the website
You may access websites operated, provided or otherwise licensed by persons other than us ("Third Party Services") through hypertext or other computer links from the Website. Such hyperlinks are provided for your convenience.
A link from Third Party Services does not imply that Company endorses or approves of the content of such website or that Company is an operator of such website. You understand that you are solely responsible for determining the extent to which you may use or rely on any content on other third-party websites accessed from the Website. The Company has no control over, and assumes no responsibility for, the content on any such web sites or resources or any loss or damage arising from your use of them.
The Company assumes no responsibility for the use of, or the inability to use, any third-party software, other materials or content posted and/or uploaded to any such website, and we assume no liability to any person or entity for the inaccuracy or incompleteness of any such third-party content. All intellectual property rights in and to the Third Party Services are owned by the respective third parties.
Disclaimer of accessibility of the Website and the Services
The Website facilitates user access to the Project Tokens only and makes no warranty or representation to you regarding the quality, value, specifications, fitness for purpose, completeness or accuracy of the technology or infrastructure of the Tokens.
Company will use commercially reasonable efforts to enable information about the Project on The Unfettered Platform. However, you hereby acknowledge that Company does not guarantee the accuracy, timeliness or completeness of such information and makes no warranty in connection with your use or reliance on such information. You agree that your use of the Project Information is at your own risk. Company shall not be liable to you in any way for the termination, interruption, delay or inaccuracy of any Project Information posted on The Unfettered Platform.
To the extent permitted by applicable law, Company's website and services are provided on the basis of 'AS IS' and 'AS AVAILABLE'. Company does not guarantee that the features and functions contained on the Website and Services will meet your requirements. You hereby agree and acknowledge that your access to and use of the Site and Services is at your own risk and that you are liable for any and all responsibilities and consequences arising out of or in connection with your use or accessibility of the Site and Services. You expressly agree that the Company shall have no liability in this regard.
You hereby agree and acknowledge that the Website may contain links to third party websites or services that are not owned or controlled by the Company, so that the Company assumes no responsibility for the content or services, goods or activities offered by such third party websites. You further agree that the Company shall not be liable, directly or indirectly, for any damage, loss or consequence arising out of or in connection with the use of any content, materials or services available through the Third Party Website.
The Company reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction if we so choose and/or to terminate your access to and use of the Website and the Services at any time and in our sole discretion.
Company may, in its sole discretion, restrict or limit your use of the Website. In addition, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to a breach of these Terms, we may terminate the Website or your access to the Website and the Services at any time and without notice to you.
You acknowledge that you, not us, are solely responsible for any submissions of all contents, remarks, suggestions, ideas, materials, feedbacks, or other information, including bug reports, in relation to the Services provided through the Website, including any submission to our social media platforms such as Twitter and Telegram, and that you, not us, are fully responsible for such submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyrights. We will respond based on the information you have supplied, without verifying it. Regardless of the foregoing, we reserve the right to refuse to post, remove, edit, or abridge any submission for any reason, and to freely use, copy, disclose, publish, display, or exploit such submission as we deem necessary without any payment of royalties, acknowledgement, or consent, and we may keep copies of all information materials relevant to the Service.
All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in intellectual property rights that exist in or in relation to the use and access of the Website and Services are owned by or otherwise licensed to the Company. Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-sub license, and any limited license to merely use or access the Website and the Services in the permitted hereunder.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to The Unfettered's or any other third party's intellectual rights.
If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do all such acts and execute all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
You agree and acknowledge that all Website content must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from the Company.
Third parties participating on the Website may permit the Company to utilize trademarks, copyrighted material, and other Intellectual Property associated with their businesses. The Company will not warrant or represent that the content of the Website does not infringe the rights of any third party.
Participation in The Unfettered Services
In terms of NFT Marketplace, using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains. “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.
In term of Staking and DeFi solutions, you acknowledge and agree that The Unfettered provides Staking service to Users for the purposes of delegating the User's The Unfettered (SOULS) Token in exchange for a share of Net staking rewards. You will provide the staking instruction to the Company. Once the staking instruction is received, the system will record the instruction and you will not be able to cancel or edit the staking instruction. When The Unfettered Platform connect with your Wallet, you will see your staked amount, the lock period and your APR/APY.
In terms of the game, you may refer to the Terms and Conditions document placed in the game menu.
The Unfettered reserves the right to reject your participation in Staking, if you fail to fulfil to satisfy the identity verification requirements through the KYC/AML/CFT process or commit any other suspicious activity while participating in the Services provided by the Company.
If you wish to unstake/withdraw your The Unfettered Token and gain the reward, you will provide the unstaking instruction to The Unfettered Platform.
The Company have right to levy a withdrawing fee or minimum transaction, which will vary and be subject to the amendment only at its sole discretion of the Company periodically. The Company will not be liable for any loss caused or alleged caused by timing differences and economic lost associated with the actual delivery of The Unfettered Token.
The Company reserves the right to amend any terms related to any specific Staking program at any time in its sole discretion. The Company will not be liable for any losses due to your misunderstanding of the Staking program terms and changes to such term's rules.
In accordance with various jurisdictions' laws, rules, and conventions, the Company clearly bans and rejects the use of the Service for any type of illegal conduct, including money laundering, terrorist funding, or trade sanctions breaches. As a result, the Services are not available to people or businesses on any Politically Exposed Persons ("PEP") lists or on any US, EU, or other worldwide sanctions or watch lists. You represent that you are not on any of these lists by using the Services.
If the Company has a reasonable ground to believe that any User transacts or use the Services by using digital currencies derived from any suspicious illegal activities, the Company shall be entitled to freeze, close, or delete the User's accounts as necessary. The Company will hold no liability to such users for any damage, or loss arising out of or in connection with this manner herein. Please note that any attempt to circumvent the Company's measures set out in this Clause 7 will also result in a similar action.
The Unfettered (SOULS) Tokens
The Company will issue a blockchain-based token called "The Unfettered Token" on Binance Smart Chain Network and other future chains. The Unfettered Token is classified as the utility token designed to be used solely on The Unfettered Platform or on https://theunfettered.io/ Website.
The Unfettered Token is not considered as security of any kind, and it also does not carry any right to vote, manage or the right of ownership in The Unfettered Platform.
The Unfettered Token is neither money nor legal tender/currency, whether fiat or otherwise, and it does not carry any value whether it is intrinsic or assigned.
Misuse of the Website
In the event of any misuse and/or abuse of the Website or breach any provision in these Terms, the Company reserves the right to block your access to the Website and other Services until the matter is solved.
Use of the Website for transmission, publication or storage of any material on or via the Website which is in violation of any applicable laws or regulations or any third-party's rights is strictly prohibited, including but not limited to the use of the Website or the transmission, distribution, publication or storage any material on or via the Website in a matter or for the purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protections laws, is fraudulent or breaches any exchange control laws.
The Unfettered Services Representations and Warranties
You hereby agree to make the following representations and warranties by accessing to the Website and/or using the Services:
• You have full capacity and authority under the applicable laws to agree and bind yourself to these Terms.
• You are eighteen years of age or older.
• You are not a citizen or a resident of the Prohibited Jurisdictions, and you do not have any relevant connection with any of the Prohibited Jurisdictions.
• You are aware and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the Website and the Services. Your use of the Website and the Services are not for any unlawful or illegal purposes, including but not limited to the usage against the copyright laws and, AML/CFT laws.
• You are the exclusive owner of The Unfettered Token and your other cryptocurrencies. The tokens maintained in your Wallets are not and will not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable laws. You further hereby acknowledge and agree that the Company will not be responsible for actions taken by you that result in the loss or destruction of the value of the tokens and rewards you hold in the Wallet.
• You validly undertake any action or enter into any transaction with regard to these Terms. You are solely responsible for the use of the Website and the Services for all activities, or transactions that occur on or through your User account on The Unfettered.
• You will provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using or participating the Company's Services on The Unfettered Platform. You will further agree to put your effort to ensure that the confidentiality of your personal or credential information, including your wallet address is restricted, and safely maintained to your device you use to access the Website.
• You acknowledged and agreed that if you lose access to the Wallet that you connected with The Unfettered Platform, the Company will not be able to help you recover the loss, or transfer any SOULS Token back to your wallet. It will be your solely responsibility to manage your The Unfettered account, and the private key.
• You will be responsible for obtaining the data network access necessary to use the Website. Your network's data and rates and fees may apply if you access or use the Website from a wireless-enabled device, and you will be responsible for such rates and fees.
• You understand and are aware of the risks associated with accessing or using or participating in the Services, and you will be fully liable at your own risk.
• You are aware that you are subject to tax regulations in the jurisdiction you reside in and will be fully responsible for filling or reporting any taxes and paying them as required by the Applicable Laws. The Company will not be liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation with respect to any tokens may expose you to any unknown or unforeseeable tax implications associated with your holding of tokens and the use the Services for which the Company will have no liability. Moreover, you will not hold the Company liable for any expenses or losses resulting from unknown or unforeseeable tax implications.
• You will not use the Website and the Services in one of any following manners, except as expressly permitted in these Terms, or at the Company's discretion.
• You will not:
o infringe any propriety rights, including but not limited to copyrights, patents, trademarks, or trade secrets of the Company.
o use the Website or the Services to transmit any data or send or upload any material or content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of the Website and/or the Services.
o expressly or impliedly, use the Website and the Services in the manner that is deemed unlawful, offensive, malicious, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates these Terms, or any other party's intellectual property.
o modify, make any back-up or archival copies of the Platform or any part thereof including disassembling, and you will also not adapt, hack the Website, or modify another website to falsely imply that it is associated with the Website falsely.
o crawl, scrape, or otherwise cache any content from the Website, and you agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the Website.
o use the Website or any of its contents for advertising or soliciting, for any other commercial, political, or religious purpose, or to compete, either directly or indirectly with the Company.
• You will defend, indemnify, and not hold the Company, the Partners, its Affiliate, each of their respective employees, officers, directors, and representatives liable to and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees), arising out of or relating to any third-party claim concerning these Terms, or your use of the Company's Services in violation of these Terms and applicable laws.
Each of the User's Representations and warranties under this Clause shall survive and continue to remain in full force and effect after the termination and/or the expiration of these Terms.
By accessing the Website or using or participating in the Company Services, you expressly acknowledge and assume the following risks:
Risk of loss in value
Tokens or any digital currencies are not issued by any central banks or national, supra-national, or quasi-national organizations. They are also not backed by any hard assets or other credit. The value of tokens or any digital currencies is affected by several factors, including but not limited to, the total number of tokens or any digital currencies in existence, the continued willingness of market participants to exchange government-issued currency for tokens or digital currencies , purchasers' expectations with respect to the rate of inflation of fiat currencies, purchasers' expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies from online digital wallet providers, or news of such theft from such providers or individuals' digital wallets, investment and trading activities of large investors, monetary policies of the governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Thus, all these factors will affect the value of tokens or digital currencies, which may result in the permanent partial or total loss of the value of the Company, a particular tokens or digital currency. No one will be obliged to guarantee the liquidity or the market price of any of The Unfettered Token or digital currencies maintained into your Wallets. The volatility and unpredictability of the value of tokens or digital currencies relative to the government-issued currency may result in a significant loss over a short period of time.
The regulatory regime governing tokens or digital currencies
The regulatory framework relating to tokens or digital currencies remains unsettled, and any laws, regulations, or guidelines may be significantly revised and amended which will materially and adversely affect the value of tokens or digital currencies and your services on https://theunfettered.io/ Website or The Unfettered Platform as follows.
Technical and system failure affected the obligations stipulated in these Terms the Company may experience system failures, unplanned interruptions in its Binance Smart Chain Network or services, hardware or software defects, security breaches or other causes that could adversely affect the Company's infrastructure network, which includes https://theunfettered.io/ Website and The Unfettered Platform.
The Company is unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects on the Website, The Unfettered Token, Users' Wallets or any technology, including but not limited to smart contract technology. Also, the Company is unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.
In addition, the Company's network or the services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond the Company's control. Although the Company has taken steps and used its best endeavor against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of The Unfettered Platform and the Services, there can be no assurance that cyber-attacks, such as distributed denials of the Service, will not be attempted in the future, and that the Company's enhanced security measures will be effective. Any significant breach of the Company's security measures or other disruptions resulting in a compromise of the usability, stability and security of the Company's network or the services, including The Unfettered Platform, may adversely affect The Unfettered Token.
The Company will have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond the Company's control, including, but not limited to:
• Acts of God, nature, court, or government.
• Failure or interruption of public or private telecommunication networks, the failure of Binance Smart Chain Network, communication channels or information systems.
• Acts or omission of a party for whom the Company is not responsible.
• Delay, failure, or interruption in, or unavailability of, third-party services; and
• Strikes, lockouts, labor disputes, wars, terrorist acts and riots.
You understand and agree that your use of the services and the website is completely at your own risk. This clause is not exhaustive and does not disclose all the risks associated with digital currencies and the use of services. Therefore, you are recommended to carefully consider whether such use is suitable for you considering your judgement, circumstances, and financial position.
Limitation of Liability
Notwithstanding any provisions within these terms, in no event will the company, its partners its affiliate, or its employees, agents, officers, or directors be liable to the user for any incidental, special, exemplary, punitive, indirect, or consequential damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or other such websites, or any other services or items obtained through the website, or other such websites, including, but not limited to, lost revenue, lost profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of your credential information, loss or interruption of technology, loss of use of service or equipment, even if the user was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise. The company will also have no liability for any emergency and/or unforeseeable incidents related to your use of the services on The Unfettered platform such as stolen private key or hacked accounts.
Except as expressly provided in these Terms, and to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service provided incidental to the Services under these Terms.
In no event will our aggregate liability for any loss or damage that arises in connection with the Services exceed the purchase amount you paid to participate in the Service, if any, during a twelve (12) month period immediately preceding the event that gave rise to the claim for liability. The preceding limitations of liability will apply to the fullest actual amount you paid to participate in or access in the Service.
Except as expressly provided in these Terms, and to the fullest extent permitted by any Applicable Laws, the Company, its Affiliate, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
• your use of inability to use, or availability or unavailability of the Services, including any Third-Party Services made available through the Services;
• the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to The Unfettered’s records, programs, services, server, or other infrastructure relating to the Services.
• the Services being infected with any malicious code or viruses; or
• the failure of the Services to remain operational for any period.
You irrevocably undertake the responsibility of fully indemnifying and holding harmless each of the Company, its Affiliate, licensors, shareholders, officers, directors, managers, employees, and agents from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including, but not limited to, any reasonable attorney's fees or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:
• Your use or any person using the Services on your behalf or participation in accordance with the Services on the Website or The Unfettered Platform.
• Your breach of or our enforcement of these Terms.
• Any violations of Applicable Laws, regulation, or rights of any third-party during your use or participate in the Service.
• If you are obligated to indemnify the Company, its Affiliate, shareholders, licensors, officers, directors, managers, employees, and agents, the Company will have the right, at our sole discretion, to control any action or proceeding and to determine whether The Unfettered wishes to proceed, or settle, and if so, on what terms or provisions.
These Terms will be immediately terminated by discontinuing your use of or participate in the Services and you agree to terminate the accessibility on The Unfettered's Platform.
These Terms can be suspended or terminated without a notice from the Company if there is a reasonable ground for the Company to believe that you have breached any of the terms or provisions stipulated in these Terms, or if you do not comply with these Terms.
The termination of these Terms will not prevent the Company from seeking remedies from you in the case where you have breached any terms or provisions of these term before such termination. The Company will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
Any ongoing obligation to you as well as the provisions regarding (i) The Unfettered' Intellectual Property, (ii) No solicitation or Offering, (iii) Indemnification, (iv) Limitation of liability, and (v) any other provisions designed to survive, will survive any termination or expiration of these Terms for any reason.
No Financial and Legal Advice
The Company is merely a technology platform, and is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Website or the Services. No communication or information provided to you by the Company is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services, transactions, and Investments will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services, or investments are suitable and match your interests according to your judgement, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.
Before executing any transactions, purchasing The Unfettered Token or other possible tokens on The Unfettered Platform, you should consult with your independent financial, legal, or tax professionals. The Company will not be liable for the decisions you make to access and purchase through the Company.
Any notice, requests, demands, and determinations for the Company under these Terms (other than routine operational communications) shall be sent to email@example.com.
Governing Law, Resolving Disputes, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING A CLASS ACTION.
Notice of Claim and Dispute Resolution Period
Please contact the Company first. The Company will seek to address your concerns without resorting to formal legal proceedings whenever possible. If you have a dispute with the Company, you should contact the Company, and a case number will be assigned. The Company will attempt to resolve your dispute internally as soon as possible. The parties will agree to negotiate in good faith to resolve the dispute and discussions will remain confidential and subject to applicable laws protecting settlement discussions from use as evidence in any legal proceeding.
Agreement to Arbitrate
You and the Company agree that subject to paragraph 16.1 above, any dispute, claim, or controversy between you and the Company that arises in connection with, or relating in any way, to these Terms, or to your relationship with the Company as a user of the Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by a mandatory final and binding individual arbitration rather than a class action, except as set forth below under Exceptions to the Agreement to Arbitrate. You and the Company further agree that the arbitrator will have the exclusive power to rule on his or her jurisdiction, including, without limitation, any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including, if applicable, attorney fees, except the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in Clause 17 will survive termination of these Terms.
Any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Seychelles International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Seychelles International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Seychelles. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
The governing law of the arbitration will be that of the Seychelles.
The parties agree that the arbitration will be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration will not be disclosed to any non-parties except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to facilitate the arbitration. Notwithstanding the preceding, a party may disclose information to the extent that disclosure may be required to fulfil a legal duty, protect, or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive the termination of these Terms and any arbitration brought under these Terms.
Class Action Waiver
You and the Company agree that any claims relevant to these Terms, or your relationship with the Company will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and the Company further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties involved.
The Company reserves the right to update, modify, revise, suspend, or make future changes to Section 16.2 regarding the parties' Agreement to Arbitrate, subject to applicable laws. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause is up to date. Subject to applicable laws, your continued use of your The Unfettered's account will be interpreted as your acceptance of any modifications to Clause 16 regarding the parties' Agreement to Arbitrate. You agree that if you object to the modifications to Clause 16, the Company may block access to your account pending closure of your account. In such circumstances, these Terms prior to modification will remain in full force and affect the pending closure of your accessibility.
If any of the provisions in these Terms is found by a court of competent authority to be invalid, void, unlawful or unenforceable under any applicable laws, such unenforceability or invalidity will not render these Terms unenforceable or invalid, and such provisions will be deleted without affecting the remaining provisions herein.
Variation of Terms
the Company has the right to revise these Terms at our sole discretion at any time, and by using the Website or other Awkay's platform, you will be expected to review such Terms regularly to ensure that you understand all provisions stipulated in these Terms.
The Company will be allowed to assign, transfer, and subcontract Our rights and/or obligations under these Terms without the need to provide you any notification or acquire your consent. Nevertheless, you will not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
No Third-Party Rights
Nothing in these Terms will be deemed to create any rights to any creditors or other persons, not a party hereto. Moreover, these Terms will not be construed, in any respect, to be a contract, in whole or in part, for the benefit of any third parties.
The Company may deliver the Service through electronic means such as download links, graphical, Tools or other technologies for providing the Service for users. The user interfaces to such electronic means may require that the users agree to these Terms by checking a box, clicking a button, or continuing with the Service. If user through such action the user becomes a Party to these Terms. Such an action of acceptance shall be sufficient to bind the users to the terms and conditions herein these Terms.
The failure of one Party to require the performance of any provision will not affect that Party's right to require performance at any time thereafter. At the same time, the waiver of one Party to seek recovery for the other Party's violation of these Terms of any provisions of applicable terms will not constitute a waiver by that Party of any subsequent breach or violation by the other Party or of the provision itself.