Superseed Terms of Service

Last Revised on 29 November, 2024

Welcome to Superseed, provided by SeedTech Limited, a British Virgin Islands limited company, and its affiliates (collectively, “Superseed”, “Company”, “Foundation”, "we", "us", or "our"). Superseed is a decentralized Layer 2 (L2) blockchain solution built on top of the OP Stack, leveraging the robust foundation of Optimism and utilizing Conduit Rollups to facilitate faster, more cost-efficient transactions. Superseed incorporates smart contracts that facilitate the bridging of digital assets between Ethereum and Superseed (“Bridge Contracts”).
These Terms of Services (these “Terms”) are between you and Superseed concerning your access to and use of: (a) the website,https://www.supserseed.xyz (including its subdomains, the “Superseed Site”); (b) any other websites through which these Terms are linked (together with the Superseed Site, the “Website”); and (c) Superseed’s services, including but not limited to any applications, products, services, content, tools, software, documentation, features, and functionality offered by Foundation on or through the Website or third-party sites and services (collectively, the "Services"), in each case as operated by or on behalf of the Foundation. These Terms hereby incorporate by this reference any additional terms and conditions posted by Company through the Website or otherwise made available to you by Company. You are responsible for checking our Website periodically in order to review the current version of these Terms and to familiarize yourself with any changes to them.
Read these Terms carefully, as they include important information about your legal rights, including, among other things: (i) in Section 8, that you and Company will arbitrate certain claims against Company; (ii) in Section 1(d) and 2(b), that you are prohibited from taking certain actions in connection with your use of the Website and the Services (including circumvention of any restrictions such as “geoblocking”); and (iii) in Section 7, that Company disclaims and that you assume certain risks in connection with your use of the Website and the Services, and, to the extent permitted under applicable law, your right to recover from Company is limited, with respect to certain damages.
By accessing the Website and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, you may not use the Website or the Services.
For purposes of these Terms, “you” and “your” means you as a user of the Website and a beneficiary of all Services and information made available to you through the Website. If you use the Services on behalf of a company or other entity (such entity, an “Organization”), then “you” includes both you in an individual capacity and that Organization, and you represent and warrant that: (a) you are an authorized representative of that Organization with the authority to bind the entity to these Terms; (b) such Organization is validly existing in accordance with applicable legislation and has obtained all necessary approvals or authorizations under its constitutional or organizational documents to enter into these Terms; and (c) you agree to these Terms on that Organization’s behalf, as well as on your individual behalf.

1. Access to the Website and Use of the Services

1. Conditions for Use. By accessing the Website or using the Services or the Bridge Contracts, you affirm, represent, warrant, and covenant that: (i) you are over 18 years old or the age of majority required by your state of residence, whichever is older, and you have the capacity to be bound by these Terms; (ii) you are not a person or an Organization who resides in, is a citizen of, is located in, is incorporated in, or has a registered office in the United States of America; (iii) you are not a resident, national, or agent of the Crimea region, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom, the Cayman Islands, or the European Union embargoes goods or imposes similar sanctions; (iv) you are not identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and (v) you are not identified on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; and HM Treasury Sanctions List (as extended to the Cayman Islands by Statutory Instrument); Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List;
   You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are a resident of, or located or accessing the Website or Services from, in connection with your access to and use of the Website and Services. By using the Website and the Services, you represent and warrant that you will not use the Website or the Services for any illegal activity or to engage in the prohibited activities detailed in these Terms, including but not limited to Section 2(b).
2. Account Credentials. To use the Services or the Bridge Contracts, you must connect a compatible non-custodial wallet software. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that provider and is not covered by these Terms.
   You acknowledge and agree that you are solely responsible for securing the private key(s) associated with your wallet and for all actions or communications signed using your private key. We do no have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet, including digital assets you transfer into Superseed or the Bridge Contracts. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. We are not liable for any issues or damages related to your use of a wallet, and we make no guarantees about how the Services or Superseed will function with any specific wallet. We reserve the right, at our sole discretion, to restrict certain wallet addresses from integrating with the Services.
3. KYC Process. To use the Services or the Bridge Contracts, you may also be required to provide all personal information as required by Foundation or its agents, as part of its know your customer (“KYC”) process. Foundation may choose to nominate third party service providers to collect and verify KYC information on its behalf, who may also require you to accept their terms and conditions or privacy policy agreements. Collected information may include a passport, driver’s license, utility bill, photograph of you, government identification cards, or sworn statements, and we or our nominee may keep a copy of such information.
4. Jurisdictional Limitations. You further acknowledge that the information, products and services provided in connection with the Website and the Services are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services.
   Some transactions involving cryptographic assets on the Services, or other services linked to the Services, may implicate the securities or other laws of various jurisdictions. Without limiting the other terms of these Terms, we may limit, at our sole discretion, the availability of the Website to any person, geographic area or jurisdiction (such restriction, a “geoblock”) and/or to prohibit your access to and use of the Website or the Services, at any time. You hereby agree that you will not attempt to circumvent or otherwise defeat or bypass any “geoblocks,” and that any attempt to do so is a violation of these Terms. You hereby acknowledge that any “geoblock,” other restriction, or lack thereof, should not be taken as a statement by us or anyone else regarding the legality of any interaction with the Services and that you bear independent responsibility to research, understand and comply with the laws of your jurisdiction and activity with regard to any activity you propose to take.
5. Termination of Services. We may modify, suspend or discontinue, temporarily or permanently, all or any part of the Website or the Services with or without notice. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software, the Website, and/or the Services, including without limitation, the structure, specifications, 'look and feel', navigation, features and other elements of the software, the Website or the Services or any part thereof. You agree that we will not be liable to you or to any third party (for whom you may be acting) for any modification, suspension or discontinuance of all or any part of our Services.
   We may suspend, terminate or disable your access to the Website and use of the Services at any time and without notice, including but not limited to as a result of your breach of these Terms.

2. Acceptable Use

1. Right to Use Services. We hereby grant you a limited, revocable, non-transferable, non-sublicensable right and license to access and use the Website and the Services for your own, or your internal use only, provided that you comply with these Terms in connection with such use. If any software, content, or other materials owned or controlled by us are distributed or made available to you as part of your use of the Services, we hereby grant you a personal, non-assignable non-sublicensable, non-transferable, and non-exclusive right to download, access and display such software, content and materials provides to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services needed to access or use the Website or the Services.
   Your access and use of the Website and the Services may be interrupted from time to time for any or for no reason, including, without limitation, in the event of the malfunction of equipment, periodic updating, maintenance or repair, or any other actions that Company, in our sole discretion, may elect to take. Your right to access and use the Website and the Services is provided on an “as is” and “as available” basis without any representation or warrant on our part, whether express, implied or statutory. You agree that we shall not liability to you arising from or related to any inability to access the Website or the Services.
2. Restrictions on Your Use of the Services. In connection with your access to and use of the Website or the Services, you must not:
   1. use or attempt to use any other account on the Services that is not your account (or to connect with anyone else’s wallet), unless authorized in writing;
   2. buy, sell, or otherwise trade in addresses, usernames, or other unique identifiers on the Services;
   3. modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or otherwise exploit any information contained on, or obtained from or through, the Website or the Services except for temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, or with Company’s prior written consent;
   4. reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by law;
   5. use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, or other proprietary notation displayed on or through the Website or the Services;
   6. use automation software (bots), hacks, modifications or any other unauthorized third-party software designed to access, use or modify the Website or the Services;
   7. access or use the Website or the Services in any manner that could disable, overburden, damage, disrupt or impair the Website or the services or interfere with any other party’s access to or use of the Website or the services or use any device, software or routine that causes the same;
   8. attempt to gain unauthorized access to, interfere with, damage or disrupt the Website or the Services, or the computer systems or networks connected to the Website or the Services;
   9. circumvent, remove, later, deactivate, degrade or thwart any technological or security measure (including any “geoblocks”) or content protections of the Website or the Services, or any of the computer systems, wallets, accounts, protocols or networks connected to the Website or the Services;
   10. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website or the Services to monitor, extract, copy or collect information or data from or through the Website or the Services, or engage in any manual process to do the same;
   11. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
   12. send advertisements, chain letters, or other solicitations through the Website or the Services, or use the Website or the Services to gather information for distribution lists;
   13. impersonate any other person or entity (including us or our affiliates) using the Website or the Services, including by falsely stating, implying or otherwise misrepresenting your affiliation with any person or entity;
   14. violate any applicable law or regulation in connection with your access to or use of the Website or the Services, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, and any applicable privacy and data collection laws, in each case as may be amended; or
   15. access or use the Website or the Services, or encourage or help any third party to access or use the Website or the Services, in any way not expressly permitted by these Terms.
3. Interactions with Other Users on the Services. You are responsible for your interactions with other users on, through, or in connection with the Website, the Services, and the Bridge Contracts. Although we reserve the right to monitor user interactions, we are not required to do so and you acknowledge and agree that we are not liable for your interactions with other users or for any user’s conduct. If you have a dispute with other users, you release the Foundation Persons (as defined below) from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected to these disputes. By agreeing to this release, you expressly waive any legal protections (whether statutory or otherwise) that would otherwise limit this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

3. Transactions

1. Transactions. We may make available the ability to purchase or otherwise obtain certain products and services through the Services (a, “Transaction”). If you wish to make a Transaction, you may be asked to pay a fee to Company or to third parties, such as gas charges on Ethereum to perform a Transaction, and to supply certain relevant payment information in connection with such fees. You represent and warrant that you have the right to use any payment method that you submit in connection with a Transaction. You acknowledge and agree that Superseed has no control over such Transactions, the method of payment for such transactions, or any actual or potential payments for Transactions. In addition, you acknowledge and agree that Superseed does not manage third-party activities on the Website or data storage of the protocol, nor does it hold or manage any digital assets or virtual currencies on Superseed.
2. Your Responsibilities with Respect to Transactions. When engaging in a Transaction through the Services, you acknowledge and agree that: (i) you have stored your digital assets in a wallet address that is compatible to the Superseed protocol; (ii) before initiating a Transaction, you will maintain a sufficient balance of the applicable digital assets stored at your protocol-compatible wallet address to complete any Transaction on Superseed; (iii) the cost of Transactions is variable and subject to increase at any time, which may result in price fluctuations or increased costs when using the Services, and that you will pay all fees incurred by you or on behalf of your Services, at the prices in effect when such fees are incurred; and (iv) you are responsible for any taxes applicable to your Transactions.
   Transactions entered into in connection with the Services are irreversible and final and there are no refunds.

4. Ownership and Content

1. Ownership of the Website and the Services. The Services and all content included in the Website or made available through the Services, including but not limited to all copyrights, trademarks, patents, service marks, domain names, trade names, rights in design, software code, icons, logos, characters, know-how, trade secrets, buttons, color scheme, graphics, information, and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Foundation and/or its affiliates or licensors own all right, title, and interest in and to the Website and the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Website, the Services and their content.
2. User-Generated Content. You make available certain materials (each, “User-Generated Content” or “UGC”) through or in connection with the Website or the Services, including on profile pages or on the interactive portions of our Website, such as the community section, message board and other forums, chatting, commenting and other messaging functionality. We have no control over and are not responsible for any use or misuse (including any distribution) by any third party of UGC. In connection with your provision of any User-Generated Content through the Website or the Services, you acknowledge and agree that:
   1. You are responsible for ensuring that all UGC you post is either your own or you have permission to use it;
   2. You must not violate any privacy, publicity, copyright, or other rights, and you will be liable for any damages resulting from copyright, trademark, or other rights infringements caused by your UGC;
   3. You will not share any personal or security information about yourself or others, and refrain from attempting to obtain such information from someone else;
   4. You will not offer investment advice, manage portfolios, or provide any service requiring regulatory authorization unless you are properly licensed;
   5. You will not claim that we endorse or guarantee the validity of your UGC;
   6. You will not advertise or promote other businesses or services, including posting commercial content or spam;
   7. You will not post, transmit or otherwise make available any content that is abusive, inciteful, defamatory, derogatory, harassing, insulting, sexually explicit, offensive, racist, rude, hateful, threatening, violent or illegal; and
   8. You will not encourage or induce any third party to participate in activities that are prohibited by these Terms.



3. Ownership of UGC. For purposes of clarity, you retain ownership of your User-Generated Content. By posting User-Generated Content through our Website or the Services, you hereby grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), royalty-free, fully-paid up, worldwide license, without additional consideration, to reproduce, copy, store, display, distribute, perform, publish, create derivative works of, adapt, modify and otherwise use, analyze and exploit such UGC, in any form or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). This includes the right to use your content on our Website, in advertisements, printed media, and newspapers, among other uses, without any obligation for attribution, royalties, or other compensation to you. You represent and warrant that you have all rights necessary to grant the licenses in this section, and that your User-Generated Content, and your provision thereof through and in connection with the Website or the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each UGC that you may have under any applicable law under any legal theory.

5. Third-Party Services or Materials.

1. Third-Party Services or Materials. The Website or Services may display, include links or references to, or otherwise make available services, content, data, information, applications, or materials from third parties or provide links to certain third-party websites (“Third-Party Services and Materials”). All Third-Party Services and Materials are made available solely for your convenience and information. We do not control or endorse these Third-Party Services and Materials and are not legally responsible for any content, material, or information they contain. You agree that your access to and use of such Third-Party Services and Materials is governed solely by the terms and conditions of such Third-Party Services and Materials, as applicable. We are not responsible or liable for, and make no representations as to any aspect of such Third-Party Services and Materials, including, without limitation, their content or the manner in which they handle, protect, manage, or process data, or any interaction between you and the provider of such Third-Party Services and Materials. We are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services and Materials or websites. Your irrevocably waive any claim against Foundation with respect to such Third-Party Services and Materials. We are not liable for any damage or loss caused or alleged to be caused in connection with your enablement, access, or use of any such Third-Party Services and Materials, or your reliance on the privacy practices, data security processes, or other policies of such Third-Party Services and Materials.

6. Information Submitted Through the Website or Services.

1. Privacy Policy. Your submission of information through the Website or the Services is governed by Foundation’’s Privacy Policy, currently located at Privacy Policy. You represent and warrant that any information you provide in connection with the Website or the Services is and will remain true, accurate and complete, and that you will maintain and update such information as needed. You acknowledge and agree that we may rely upon any information and documents provided by you, and that Foundation is not responsible for any damages or losses which may arise from any inaccuracies.

7. Disclaimers, Limitations of Liability and Indemnification.

1. Disclaimers.
   1. Your access to and use of the Website and the Services and, separately, the Bridge Contracts, is entirely at your own risk. You understand and agree that the Website and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Foundation, its subsidiaries, affiliates, related companies, service providers, and its and their officers, directors, supervisors, consultants, advisors, agents, representatives, partners, and licensors (collectively, the “Foundation Persons”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY OR FITNESS OF THE WEBSITE, THE SERVICES OR THE BRIDGE CONTRACTS FOR ANY PARTICULAR PURPOSE, OR AS TO THE ACCURACY, QUALITY, SEQUENCE, RELIABILITY, WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. The Foundation Persons make no warranty or representation and disclaim all responsibility and liability for: (A) the completeness, accuracy, availability, timeliness, security or reliability of the Website, the Services and the Bridge Contracts; (B) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, the Services or the Bridge Contracts; (C) the operation or compatibility with any other applicable or any particular system or device; (D) whether the Website, the Services or the Bridge Contract will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (E) whether the Website, the Services or the Bridge Contract will protect your assets from theft, hacking, cyber-attack or other form of loss caused by third-party conduct. Nothing contained in the Website or Services constitutes, or is meant to constitute, a recommendation, solicitation, or offer to buy or sell any securities, options, or other financial instruments or other assets, or any financial, legal, or other professional advice of any kind. The information contained in the Website and the Services has been prepared without reference to anyone’s investment requirements or financial situation. You agree that you are not relying on any Foundation Persons in making an investment, legal, financial or other decision. If you require advice in relation to any financial, legal, or other professional matter you should consult an appropriate professional. No advice or information, whether oral or written, obtained from the Foundation Persons or through the Website or the Services, will create any warranty or representation not expressly made herein.
2. Limitations of Liability
   TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL FOUNDATION PERSONS BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, GOODWILL, COMPUTER DAMAGE, SYSTEM FAILURE, INTELLECTUAL PROPRETY INFRINGEMENT, OR ANY OTHER DAMAGES OR LOSSES), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE BRIDGE CONTRACTS, OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY, EVEN IF THE FOUNDATION PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FROM ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE WEBSITE OR THE SERVICES; AND (ii) IN THE EVENT THAT THE FOUNDATION PERSONS ARE FOUND TO HAVE ANY LIABILITY TO YOU NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY SHALL NOT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100.00), (2) THE AMOUNT YOU PAID THE FOUNDATION PERSONS, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM, OR (3) THE STATUTORY REMEDY FOR SUCH CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THESE TERMS BETWEEN YOU AND SUPERSEED. IF ANY PART OF THESE LIMITATIONS IS FOUND TO BE INVALID UNDER THE LAWS OF YOUR STATE OF RESIDENCE, SUCH INVALIDITY WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
3. Acknowledgement; Assumption of Risks
   1. By using the Website, the Services or the Bridge Contracts, you represent that you have sufficient knowledge and experience in any business or financial matters that may be applicable, including a sufficient understanding of blockchain technologies, cryptocurrencies, and other digital assets, storage mechanisms, and blockchain-based software systems to be able to assess and evaluate the risks and benefits of the Services contemplated hereunder, and will bear the risks thereof, including loss of all amounts paid or stored, and the risk that the cryptocurrencies and other digital assets may have little or no value. You acknowledge and agree that there are risks associated with purchasing and holding cryptocurrency and using blockchain technology. These include, but are not limited to, risk of losing access to cryptocurrency or digital assets due to slashing; loss of private key(s); custodial error or purchaser or user error; risk of mining, staking, or blockchain-related attacks; risk of hacking and security weaknesses; risk of unfavorable regulatory intervention in one or more jurisdictions; risk related to token taxation; risk of personal information disclosure; risk of uninsured losses; volatility risks; and unanticipated risks.
   2. You acknowledge that vulnerabilities in the Website’s and/or the Service’s programming and design or other vulnerabilities that may arise due to hacking or other security incidents can have adverse effects to digital assets, including but not limited to significant volatility and risk of loss. You acknowledge that there are risks associated with the system over the internet including, but not limited to, the failure of hardware, software, and internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information and/or assets (including Your crypto asset/token) stored on your behalf, cyber-attack, the crypto asset network failure (such as blockchain), computer viruses, communication failures, disruptions, errors, distortions or delays you may experience when transactioning via the Website or Services, howsoever caused, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attacks. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
   3. You acknowledge that there are inherent risks associated with using or interacting with public blockchains and blockchain technology. There is no guarantee that such technology will be available or not subject to errors, hacking, or other security risks. Blockchain protocols may also be subject to sudden changes in operating rules, including forks, and it is your responsibility to make yourself aware of upcoming operating changes. Since blockchain, including Superseed and Ethereum mainnet, is an independent public or private peer-to-peer network and is not controlled in any way or manner by us, we shall not be responsible for any failure and/or mistake and/or error and/or breach which shall occur in blockchain or in any other networks in which the crypto asset are being issued. You will be bound and subject to any change and/or amendments in the blockchain system and subject to any applicable law which may apply to the blockchain. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the blockchain functionality nor for any breach of security in the blockchain. You should be aware of the risks that may result from any system failure which could mean that your order may be delayed or fail.
4. Indemnification. By entering into these Terms and accessing or using the Website, the Services or the Bridge Contracts, you agree that you shall indemnify, defend and hold the Foundation Persons harmless, and at Superseed’s election defend such Foundation Persons from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Foundation Persons arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your use or misuse of the Website, the Services or the Bridge Contracts; or (iv) your dishonesty, negligence, fraudulence, or willful misconduct. If you are obligated to indemnify any Foundation Person hereunder, then you agree that Foundation (or, at its discretion, the applicable Foundation Persons) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Foundation wishes to settle, and if so, on what terms, and you agree to fully cooperate with Foundation in the defense or settlement of such claim.
5. Third Party Beneficiaries. You and Foundation acknowledge and agree that the Foundation Persons (other than Foundation) are third party beneficiaries of these Terms, including under Sections 2(c), 7 and 8.
6. Third Party Rights. Any Foundation Person not being a party to these Terms, may enforce any rights granted to it pursuant to these Terms in its own right as if it were a party to these Terms. Except as expressly provided in this paragraph, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act, (as amended) to enforce any term of these Terms. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, release or settlement under these Terms at any time.

8. Arbitration and Class Action Waiver

1. READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
2. Informal Process First. You and Foundation agree that in the event of any dispute between you and the Foundation Persons, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and Foundation agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. Nothing in this clause shall prevent a party from seeking interim or provisional relief where it is reasonably necessary to do so.
3. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Website, the Services and any usage of the Bridge Contracts, will be resolved by arbitration, including threshold questions of arbitrability of the Claim, and except as otherwise set forth in Section 8(e) (Exceptions). You and Foundation agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Legislation concerning arbitration may govern the arbitrability of all disputes in an applicable jurisdiction. However, the arbitrator will apply applicable substantive law consistent with such legislation and the applicable statute of limitations or condition precedent to suit. The arbitration will be handled by a sole arbitrator appointed in accordance with the JAMS Rules and the seat of the arbitration shall be Bucharest, Romania. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Superseed are each waiving any right to participate in a class action or class arbitration.
4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Superseed agree that in the event that there are one-hundred (100) or more individual Claims of a substantially similar nature filed against Foundation Persons by or with the assistance of the same law firm, group of law firms, or organizations, then within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (i) administer the arbitration demands in batches of 100 Claims per batch (plus, to the extent there are less than 100 Claims left over after the batching described above, a final batch consisting of the remaining Claims); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Claims are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Superseed. You and Superseed agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include: (A) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (B) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
5. Exceptions. Notwithstanding the foregoing, you and Superseed agree that the following types of disputes will be resolved in a court of proper jurisdiction: (i) disputes or claims within the jurisdiction the Summary Court of the British Virgin Islands consistent with the jurisdictional and value limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding; (ii) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or (iii) intellectual property disputes.
6. Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Superseed will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the applicable standards set forth in civil procedures), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse Superseed for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Superseed before the arbitrator was appointed, Superseed will pay you the amount awarded in the arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
7. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.To the fullest extent permitted by applicable law, you and the Organization each agree that except as expressly set forth in Section 8(d) (Batch Arbitration), any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and Superseed AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and Superseed EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, then except as expressly set forth in Section 8(d) (Batch Arbitration), THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and Superseed agree that except as expressly set forth in Section 8(d) (Batch Arbitration), the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Section 8(e) (Exceptions) clause above. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

9. Additional Provisions

1. Updating these Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by placing a notice on the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Agreement will be effective as of the time of posting, or such later date as may be specified in the updated Agreement. Your continued access or use of the Website or the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in these Terms.
2. Suspension; Termination. If you breach any of the provisions of these Terms, all licenses granted by Foundation will terminate automatically. Additionally, we may, in our sole discretion, suspend or terminate your access to or use of any of Website or the Services, with or without notice, for any or no reason, including, without limitation, (i) if we believe, in our sole discretion, you have engaged in any of the prohibited activities set forth in Section 2(b) or elsewhere in these Terms; (ii) if you provide any incomplete, incorrect or false information to us; (iii) if you have breached any portion of these Terms; and/or (iv) if we determine such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law, rule, or regulation. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of Foundation’s other rights or remedies at law or in equity.
3. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Foundation for which monetary damages would not be an adequate remedy and Foundation shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
4. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Website or the Services, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third-party. these Terms and the licenses granted hereunder may be assigned by Superseed but may not be assigned by you without the prior express written consent of Superseed. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. All disclaimers, indemnities, limitations of liability and exclusions in these Terms shall survive termination of these Terms and shall continue to apply during any suspension or any period during which the Website or the Services are not available to you for use for any reason whatsoever. The section headings used herein are for reference only and shall not be read to have any legal effect.
5. Governing Law and Jurisdiction. These Terms are governed by the laws of the British Virgin Islands, without regard to conflict of laws principles. Any disputes arising out of or relating to these Terms, the Website, the Services, or any transactions contemplated herein shall be governed by and construed in accordance with the laws of the British Virgin Islands.