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Aptos Foundation

Terms

Latest update: November 16, 2023

Please read these terms carefully and keep a copy of them for your reference. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below.

Please refer to our Privacy Notice, available at aptosfoundation.org/privacy for information about how we collect, use, share and otherwise process information about you.

AGREEMENT TO TERMS

This Terms of Service (“Terms”) is a binding contract between you, an individual user or site visitor, whether personally or on behalf of an entity (“user,” “you,” “your”) and Aptos Foundation (“Aptos,” “we,” “us” or “our”) concerning your access and use of Aptos’s services, including the aptosfoundation.org and aptos.dev websites as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Service”). Currently, Aptos maintains and operates aptosfoundation.org as a portal for news, information, and updates about the Aptos protocol or blockchain (the “Aptos Network”) and the Aptos ecosystem, and to provide access to certain Aptos services. For the avoidance of doubt, Aptos does not control the Aptos Network and cannot control activity and data on the Aptos Network, including without limitation the activities of persons who develop and use applications on the Aptos Network, the validation of transactions on the Aptos Network, or any other use or access of the Aptos Network. The Aptos Network is an open-source protocol that is maintained and processed by Aptos Network validators across the globe.

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms is posted.

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is intended for users who are at least 18 years old. You agree that by using the Service you are at least 18 years of age (or the age of legal majority) or accessing the Service under the supervision of a parent or guardian, and you are legally able to enter into a contract. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Service. If you use the Service on behalf of another person or entity, (a) all references to “you” throughout the Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

PLEASE NOTE: THE “DISPUTE RESOLUTION” SECTION OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND APTOS ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

ACCESS TO THE SERVICE

Subject to these Terms, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to access and use the Service for your personal use only, strictly as permitted by the features of the Service. We reserve all rights not expressly granted herein.

TERMINATION OR SUSPENSION OF SERVICE

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your access to the Service for any reason, you are prohibited from attempting to access the Service under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CONTENT THROUGH THE SERVICE

(a) Content You Make Available Through the Service

(i) Licenses. 

By submitting, posting, displaying or otherwise making information, data, and/or other content, in any form or medium, available on or through the Service, including without limitation through Aptos Assistant or other artificial intelligence-related products or features we make available (collectively, “User Content”), you hereby grant to us, and you represent and warrant that you have all rights necessary to grant to us, under all of your intellectual property rights, an irrevocable, worldwide, non-exclusive, perpetual, transferable, fully-paid, and royalty-free right and license (with the right to sublicense through multiple tiers) to use, copy, reproduce, process, adapt, modify, publish, transmit, store, list information regarding, make derivation works of, display, and distribute such User Content and any Output (as defined below)  in any and all media or distribution methods now known or later developed. This license authorizes us to make your User Content and Output available to the rest of the world and to let others do the same, and you hereby grant other users a non-exclusive license to access your User Content and Output (as defined below) through the Service, and to use, reproduce, distribute, display and perform your User Content and Output as permitted through the functionality of the Service and under these Terms. 

(ii) Responsibility for your User Content. 

You are responsible for your use of the Service and for your User Content. You should only provide User Content that you are comfortable sharing with others. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION OF YOUR USER CONTENT.

You affirm, represent, and warrant the following with respect to any User Content you provide:

  • you have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person’s name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;

  • you have obtained, and are solely responsible for obtaining, all consents required by applicable law to provide User Content relating to third parties;

  • your User Content and Output and our use thereof as contemplated by these Terms and the Service will not violate any applicable law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights;

  • your User Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of User Content in connection with the Service is not violative of any confidentiality rights of any third party;

  • we may exercise the rights to your User Content granted to us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise;

  • your User Content does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without such person’s consent; spam, machine-generated content, or unsolicited messages; and/or otherwise objectionable content; and

  • to the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.

(b) Content Obtained Through the Service

(i) AI Outputs

Subject to your compliance with these Terms, you may use your output from artificial intelligence-related portions of the Service, including without limitation Aptos Assistant (collectively, “Output”) for any lawful purpose (except as described below), on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the Service and the Output does not transfer to you ownership of any intellectual property rights in the Service and that (ii) we may, by notice to you at any time, limit your use of the Output or require you to cease using them (and delete any copies of them) if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models. 

DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE SERVICE MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT.

(ii) General Disclaimers

Any use or reliance on any content or materials (including, without limitation, any Output) posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted or otherwise made available via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, that has been mislabeled or is otherwise deceptive. All User Content is the sole responsibility of the user who originated such content. We do not monitor or control the content posted or made available via the Service and, we cannot take responsibility for such content.

We reserve the right to remove content that violates these terms or we otherwise deem inappropriate to share on our website, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, indecent material or harassment. If you believe that your content has been copied in a way that constitutes copyright infringement, please report this to our designated copyright agent at: 

Aptos Foundation

190 Elgin Avenue

George Town, Grand Cayman KY‑1‑9005

Cayman Islands

Email:  copyright@aptosfoundation.org.

TESTNET

(a) No Monetary Value. If you use our Testnet, you may accumulate “Testnet Tokens,” such as through the Testnet faucet, which are not, and shall never convert to or accrue to become mainnet tokens or any other tokens or virtual assets. Testnet Tokens are virtual items with no monetary value. Testnet Tokens do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of value. Testnet Tokens are not transferable between users outside of the Testnet, and you may not attempt to sell, trade, or transfer any Testnet Tokens outside of the Testnet, or obtain any manner of credit using any Testnet Tokens. Any attempt to sell, trade, or transfer any Testnet Tokens outside of the Testnet will be null and void.

(b) Modification. Aptos may, in its sole discretion, decide to delete, wipe or otherwise remove the Testnet at any time without notice, including, without limitation, the modification of the presence, amounts, or any other conditions applicable to the Testnet Tokens, without any liability to you or other Testnetet users. Aptos does not guarantee that Testnet Tokens will continue to be offered for a specific length of time and you may not rely upon the continued availability of any Testnet Tokens. If the Testnet expires, you acknowledge and agree that your access to and use of your Testnet Tokens will be removed, and all accrued Testnet Tokens will be deleted from the Testnet system. Testnet Tokens will not be converted into any future rewards offered by Aptos.

PROHIBITED LOCATIONS

Aptos is not offered to anyone who is a “Restricted Person.” Restricted Persons are those who are subject to sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or a citizen or organization or resident in a country or territory that is the subject of country-wide or territory-wide sanctions (including, without limitation, Cuba, Democratic People’s Republic of Korea, the Crimea, Donetsk, and Luhansk regions, Iran, or Syria). For clarity, if you are a Restricted Person, you are prohibited from using the Service. 

PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

  1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  3. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein.

  4. Engage in unauthorized framing of or linking to the Service.

  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  6. Make improper use of our support services or submit false reports of abuse or misconduct.

  7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  8. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

  9. Attempt to impersonate another user or person.

  10. Use any information obtained from the Service in order to harass, abuse, or harm another person.

  11. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the content for any revenue-generating endeavor or commercial enterprise.

  12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.

  13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.

  14. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.

  15. Delete the copyright or other proprietary rights notice from any content.

  16. Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.

  18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.

  20. Disparage, tarnish, distribute hate speech/explicit content or otherwise harm, in our opinion, us, the Service and/or other users of the Service.

  21. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Service, except as expressly permitted by us or our licensors.

  22. Modify our Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Service.

  23. Use VPN software or any other tools to circumvent any restrictions that apply to the use of Aptos.

  24. Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of Aptos or any third party.

  25. Be listed on any sanctions list or equivalent maintained by the United States government. 

  26. Use the Service in a manner inconsistent with any applicable laws or regulations.

SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

TRADEMARKS

“Aptos” and our logos, our product or service names, our slogans and the look and feel of the Service are trademarks of Aptos and may not be copied, imitated or used, in whole or in part, without our prior written permission, which may be obtained by emailing terms@aptosfoundation.org. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the Cayman Islands, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Dispute Resolution” section below, the exclusive jurisdiction for all Disputes (defined below) that you and Aptos are not required to arbitrate will be the courts located in the Cayman Islands, and you and Aptos each waive any objection to jurisdiction and venue in such courts.

DISPUTE RESOLUTION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Aptos and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Interface (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Aptos agree to waive any rights to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to the section above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by JAMS (“JAMS”) under the JAMS International Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at jamsadr.com. A party who wishes to start arbitration must submit a written Request for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Request for Arbitration at jamsadr.com. The language of arbitration shall be English. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND APTOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions above (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

UPDATES

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice. Aptos does not warrant that the content will be uninterrupted or error free or free of computer viruses, contaminants or other harmful items.

DISCLAIMER

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APTOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. APTOS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SERVICE; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICE; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT AND MATERIALS (INCLUDING WITHOUT LIMITATION, ANY OUTPUT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY OUTPUT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Aptos may link or otherwise provide access to products and services offered by third parties through the Service (each, “Third-Party Service”). Further, to use the Service, you may be required to register for Third-Party Services and/or to otherwise enable various Third-Party Services that may directly integrate with the Service. Third-Party Services are not offered by Aptos and Aptos is not responsible for any damages or losses that you might incur as a result of your use or purchase of Third-Party Services. The inclusion of Third-Party Services does not imply Aptos’ endorsement or recommendation of them. If you access or use any Third-Party Service, you do so at your own risk, and you understand that these Terms do not apply to your access to or use of such Third-Party Service. Any engagement with a Third-Party Service is solely between you and the applicable Third-Party Service provider and is subject to such Third-Party Service’s (or Third-Party Service provider’s) own terms and conditions. As such, Aptos is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Service. 

You shall and hereby do waive any law in your jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

INDEMNIFICATION

You hereby agree to defend, indemnify, and hold Aptos harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Service with whom you connected via the Service; or (6) any breach of, or failure to comply with, applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

MODIFYING AND TERMINATING OUR SERVICE

We reserve the right to modify our Service or to suspend or stop providing all or portions of our Service at any time. You also have the right to stop using our Service at any time. We are not responsible for any loss or harm related to your inability to access or use our Service.

USER DATA

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service including, without limitation, your User Content and any Output. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You agree and consent to receive disclosures and communications from us regarding our services (“Communications”), including, but not limited to:

  • Terms and conditions of service, and amendments thereto;

  • Privacy policies and notices, and amendments thereto;

  • Client agreements and receipts;

  • Legal and regulatory disclosures and communications; and

  • Customer service communications.

We may provide Communications to you by email or by making them accessible on the Service or through email (including via “hyperlinks” provided online and in emails). We may always, in our sole discretion, provide you with any Communication via paper.

Visiting the Service, sending us emails, and completing online forms constitute Communications. You consent to receive Communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Withdrawal of Consent

You may withdraw your consent to receive Communications under these Terms by contacting us at terms@aptosfoundation.org. We will process your request to withdraw your consent to receive electronic Communications in a reasonable time. After we process your request, your access and use of the Service will terminate.

Requesting Paper Copies

You may request that we mail a paper copy of any electronic Communication by contacting us at terms@aptosfoundation.org. We may charge you fees associated with processing and mailing your request. We will send a copy of the Communication to you within a reasonable timeframe.

Termination and Changes

We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you notice of such termination or change as required by law.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and lack of signing by the parties hereto to execute these Terms.

CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: terms@aptosfoundation.org.