Terms of Service
Affi Network Terms of Service
Last modified: March 22, 2023
Welcome to Affi Network!
By using our platform and protocol, you agree to these Terms of Service (the "Terms"). If you do not agree with the Terms, please do not use our protocol.
Affi Network Ltd. ("Affi Network", "we", "our", or "us") is a decentralized affiliate marketing platform for NFTs registered in the British Virgin Islands. These Terms govern your use of the Affi Network website and dApp (the "Platform"), as well as any other protocol provided by Affi Network (the "Protocol").
The Platform is one, but not the exclusive, means of accessing the Protocol. To use the Platform, you must use non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that third party, not this Terms of Service Agreement (the "Agreement").
This Agreement explains the terms and conditions by which you may access and use the Platform. You must read this Agreement carefully. By accessing or using the Platform, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Platform and should not use the Platform.
Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use our Platform and Protocol. By using our Platform and Protocol, you represent and warrant that you are eligible to use them.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions. Finally, you represent that your access and use of the Platform will fully comply with all applicable laws and regulations, and that you will not access or use the Platform to conduct, promote, or otherwise facilitate any illegal activity.
Use of Platform and Protocol
a. License. Affi Network grants you a non-exclusive, non-transferable, revocable license to use the Platform and Protocol subject to these Terms.
b. Prohibited activities. You agree not to use the Platform or Protocol to:
i. violate any laws or regulations;
ii. infringe any intellectual property rights;
iii. upload any viruses or malicious code;
iv. spam or phish;
v. harass, bully, or intimidate others;
vi. engage in any activity that could damage or harm Affi Network, its users, or the Platform.
c. Suspension and termination. Affi Network reserves the right to suspend or terminate your access to the Platform and Protocol at any time without notice or liability.
Non-Solicitation; No Investment Advice
You agree and understand that: (a) all transactions you submit through the Platform are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.
We may provide information about tokens in the Platform sourced from third-party data partners through features. We may also mark certain campaigns as “Verified” to indicate that certain data providers have reviewed the token. All such information provided by the Platform is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. You should not take, or refrain from taking, any action based on any information contained in the Platform. By providing token information for your convenience, we do not make any investment recommendations to you or opine on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
Intellectual Property
All intellectual property rights in the Platform and Protocol, including (but not limited to) software, text, images, logos, trademarks, service marks, copyrights, patents, and designs, are owned by Affi Network. You agree not to use any of Affi Network's intellectual property without our prior written consent.
Disclaimer of Warranties
The Platform and Protocol are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied. Affi Network does not warrant that the Platform or Protocol will be error-free or uninterrupted. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that your use of the Platform is at your own risk. We do not represent or warrant that access to the Platform will be continuous, uninterrupted, timely, or secure; that the information contained in the Platform will be accurate, reliable, complete, or current; or that the Platform will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Platform. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Platform.
Similarly, the Protocol is provided "AS IS", at your own risk, and without warranties of any kind. Although we contributed to the initial code for the Protocol, we do not provide, own, or control the Protocol, which is run autonomously without any headcount by smart contracts deployed on various blockchains. Upgrades and modifications to the Protocol are generally managed in a community-driven way by holders of the AFFI governance token. No developer or entity involved in creating the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Platform.
Non-Custodial and No Fiduciary Duties
The Platform is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
Limitation of Liability
Affi Network will not be liable for any damages, whether direct, indirect, incidental, special, or consequential, arising from the use of the Platform or Protocol.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE PLATFORM, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE PLATFORM; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE PLATFORM; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE PLATFORM; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN EXCHANGE FOR ACCESS TO AND USE OF THE PLATFORM. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
Indemnification
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Platform and Protocol; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Platform and Protocol with your assistance or using any device or account that you own or control.
Release of Claims
You expressly agree that you assume all risks in connection with your access and use of the Platform and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Platform and your interaction with the Protocol.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.
Changes to Terms
Affi Network reserves the right to modify these Terms at any time without notice. Your continued use of the Platform and Protocol after any changes to these Terms constitutes your acceptance of the new Terms.
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement. All modifications will be effective when they are posted, and your continued accessing or use of the Platform will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Platform.
Miscellaneous
These Terms constitute the entire agreement between you and Affi Network and supersede all prior agreements or understandings, whether written or oral. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any breach of these Terms will be deemed a waiver of any other breach.
Additional Rights
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the Platform; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Platform; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.