TERMS OF USE - VMCC

TERMS OF USE - VMCC

1.

SECTION 1: INTRODUCTION

1.1

Acceptance of the Terms

Before using any of our products or services, you must read, understand, and agree to these Terms of Use and Privacy Policy. By accessing or otherwise using our platform, you confirm that you agree to these Terms of Use and that our Privacy Policy will process your data and electronic communications on our platform (hereinafter referred to as “Platform”). These Terms of Use govern the use of the platform and the relationship between the user and MOBI Automation FZCO, a limited liability company incorporated pursuant to Law no 16 of 2021 by H.H Ruler of Dubai and implementing Regulations issued there under by the Dubai Integrated Economic Zones Authority (DIEZ), (hereinafter referred to as “us”, "we", or “our”). The term "you" or “your” refers to the person visiting the Platform (hereinafter referred to as “user”). Suppose you require more detailed information or further clarification regarding these terms. You are encouraged to visit our Virtual Mining and Construction Company (VMCC) Landing Page for comprehensive insights into our platform's policies, processes, and products. Also, you can stay connected with our community by joining our Telecast sessions and engaging in discussions on our Telegram groups for real-time updates and support.

1.2

Eligibility

To access or use the platform, you must be of legal age in your respective jurisdiction. The platform is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You must not use the platform if we have terminated your account or banned you from using it.

1.3

Access & Account Creation

1.3.1

Membership Eligibility & Exclusivity

Access to the VMCC Builder Dashboard remains strictly exclusive to verified members of the VMCC Builder DAO who have completed orientation and verification through the Atlantus City Hall (ACH). Only members who complete this process can receive and activate their free yard Genesis Key (yATL), which serves as a critical credential for entry.

1.3.2

Verification Through the Community Builder Protocol

After completing ACH, users proceed to the COA Community Building Protocol, where they connect their wallet and undergo multi-step verification. This includes confirming they have joined the ACH community (e.g., via Twitter or Instagram), entering a unique verification code generated by an authorized Community Builder, and then claiming their free Genesis Key (yATL). This protocol acts as both an onboarding gateway and a security layer, ensuring only engaged and verified community members move forward.

1.3.3

Claim your Genesis Key

Once verification is complete, the user claims their Genesis Key by following official social media channels and finalizing the process within the Community Building Protocol. Holding the yATL Genesis Key becomes the essential proof of membership needed to proceed.

1.3.4

Wallet Connection & Verification

Verified members are then granted access to the VMCC DAO Telegram platform, where they will receive the exclusive sign-up link to the VMCC Builder Dashboard. Here, they can register and generate their unique VMCC license, unlocking full access to the broader City of Atlantus ecosystem.

1.3.5

Registration Details & Data Privacy

During registration, members must provide their VMCC name, location, Telegram handle, and a brief bio. All personal data submitted is securely stored and protected through robust off-chain security protocols. Members can visit the platform’s Privacy Policy page to understand how their information is managed and safeguarded.

1.3.6

Cross‑Platform Access & Licensing

After successful verification, each member is issued a Virtual Mining and Construction License, granting seamless, interoperable access across the entire COA ecosystem, including the ATL dApp, ACM dApp, and ADA Offshore Builder Platform. This integrated system ensures secure, UID-based authentication and maintains auditability without sacrificing user experience across platforms.

1.4

License

We grant you a revocable, limited, non-exclusive, non-transferable license to access and use the Services. Your access to and use of the platform is subject to your compliance with this Agreement.

2.

SECTION 2: GENERAL TERMS

2.1

Risks

2.1.1

You expressly agree that you assume all risks connected to your use of the interface and your interaction with the platform. You further expressly waive and release us from any liability, claims, causes of action, or damages arising from or relating to your use of the interface and your interaction with the platform.

2.1.2

You expressly acknowledge and agree that the use of the platform facilitates your interaction with decentralized networks and technology and as such, we have no control over any blockchain or digital assets and cannot ensure that any transaction details you submit or receive via our platform will be confirmed on the relevant blockchain and cannot effectuate any cancellation or modification requests regarding your transactions.

2.2

Financial or Legal Advice

2.2.1

The information presented on this platform is created by MOBI Automation and is intended for general informational purposes only. MOBI Automation does not offer investment, estate planning, legal, tax, accounting, financial, or any other form of advice through this platform. The content provided on this platform should not be considered a substitute for seeking advice from professional advisors in the respective fields.

2.2.2

This platform and its content should not be interpreted as an offer to sell or a solicitation for the sale of securities. MOBI Automation is not authorized to sell or solicit the sale of securities in the United States or any other jurisdiction where such sale or solicitation is prohibited. None of the products described on this platform, or offered by MOBI Automation, are or will be registered with or approved by the United States Securities and Exchange Commission or any state or jurisdiction's securities commission.

2.2.3

You expressly confirm that your use of this platform is entirely voluntary and initiated by your own independent decision. We have not encouraged, pressured, or influenced your participation in any way. Furthermore, you agree not to use any information provided through this platform for offering, selling, or facilitating any securities transactions that would violate applicable securities laws in any jurisdiction.

2.3

Third-Party Providers

MOBI Automation neither owns nor controls MetaMask, Trust Wallet, Token Pocket, Google Chrome, or any other third-party site, product, or service that you might use to enable you to use the various interface features. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any loss or damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

2.4

Ownership

Minting or the purchase of any of our Non-Fungible Tokens (NFTs) or interacting with any of our protocols is not to be construed as an ownership or shareholding right of our company. We reserve the sole right to decide the channel or percentage of reward, which may be subject to change from time to time.

2.5

Updates and Amendments

We reserve the right to amend these Terms of Use from time to time and disclose such amendments by way of announcement on the website and dApps. We will also update the "Last Updated" date at the top of these Terms without sending a separate notice of the changes. The date when the amendment is made will be indicated on the first page of the amended Terms. You may browse this website from time to time and follow the information on the time and content of amendments made to these Terms. If you do not agree with the modifications, you will stop using the services offered by this website immediately; if you continue to use the services provided by this website, it will be deemed that you accept and agree to be bound by the amended Terms.

2.6

Records

Genesis Keys and other intangible digital assets exist solely by the ownership records maintained on the Build and Build (BNB) Chain. All smart contracts are executed and occur on the decentralized ledger within the BNB Blockchain. We have no control over and make no guarantees or promises concerning the ownership record stored on the blockchain network.

3.

SECTION 3: THE INFORMATION ON OUR PLATFORM

3.1

Service Availability and Unavailability Errors

The platform and its products are provided “as is” without guarantees of any kind, express or implied. While we strive to maintain uptime, occasional disruptions, outages, or errors may occur. We are not liable for any interruptions, delays, or loss of access or failures, errors, or loss of transmitted information. We will use reasonable efforts to ensure usability per these Terms. Scheduled maintenance may require temporary suspension of access, with advance notice where feasible. Emergency maintenance may occur without prior notice.

3.2

Changes and Restrictions

We reserve the right to implement functional, procedural, or technical changes and temporarily or permanently restrict, remove, or terminate platform features or access.

3.3

Accuracy of Information

The VMCC Platform endeavors to provide accurate information, but we do not guarantee the accuracy, reliability, or appropriateness of content. You acknowledge that use of the platform is at your own risk, and we are not liable for any direct or indirect damages arising from reliance on such information.

4.

SECTION 4: USER ACCESS & THIRD-PARTY INTEGRATIONS

4.1

Account Security & Credentials

Access to and utilization of the platform's services shall be exclusively facilitated through third-party private key management solutions, including but not limited to MetaMask, Trust Wallet, or other similar digital wallet providers as selected by the user. It is expressly understood and agreed by all parties that:

4.1.1

Third-Party Security Framework

The security protocols, encryption standards, and protective measures implemented by the selected third-party private key manager shall constitute the sole security infrastructure governing access to the platform. Neither the platform nor its affiliates shall be responsible for any breaches, vulnerabilities, or failures originating from or related to the third-party private key management system.

4.1.2

User Accountability

Users shall bear complete and exclusive responsibility for the secure storage and confidentiality of all login credentials, private keys, and transaction authorization mechanisms. All activities and transactions are executed through their account, whether authorized or unauthorized. The safeguarding of digital assets stored within or transacted through their linked wallets is the user’s responsibility. Any compromise of user credentials, whether through negligence, phishing, malware, or other security breaches, may result in irrevocable loss of digital assets, for which the platform shall assume no liability.

4.1.3

Risk Assumption

Utilization of the platform's services in conjunction with third-party wallet providers shall be undertaken entirely at the user's own risk. The platform explicitly disclaims all liability for losses arising from unauthorized access to user accounts, theft or misappropriation of digital assets due to private key exposure as well as operational failures or security deficiencies of third-party wallet providers.

4.2

External Linking and Brand Representation

Entities or individuals intending to establish hyperlinks from external websites to the platform must adhere to the following stipulations:

4.2.1

Content Regulations

The hosting website must not contain, display, or promote content that is unlawful, defamatory, obscene, or otherwise objectionable as determined by the platform's sole discretion, or material that infringes upon intellectual property rights or proprietary interests, or information that could be construed as fraudulent, deceptive, or misleading.

4.2.2

Brand Integrity Provisions

Under no circumstances shall the linking entity imply or suggest any form of affiliation, partnership, or endorsement by the platform without express written authorization or utilize the platform's trademarks, logos, or branding elements in a manner that could dilute, tarnish, or otherwise harm the platform's reputation or engage in activities that may create confusion regarding the relationship between the external site and the platform.

4.2.3

Compliance and Enforcement

The platform reserves the right to revoke linking privileges at any time, without prior notice, and at its sole discretion, demand immediate removal of non-compliant links, with such removal to be effected within three (3) days of notification or pursue legal remedies for violations of these linking provisions.

5.

SECTION 5: ECOSYSTEM PARTICIPATION AND CURRENCY

5.1

Initial Social Verification

The journey into the COA ecosystem now begins when a prospective user joins the official Atlantus City Hall (ACH) Telegram channel. After joining, users receive a link to the VMCC landing page, where they can explore detailed information about the community, its vision, and the broader Atlantus project. From there, they proceed to the Community Bot, which guides them through a structured verification process. This includes confirming membership in the ACH Telegram channel and ensuring they have followed all required official social media channels, like X and Instagram, verified securely via read-only API checks. Once these steps are complete, users enter a unique referral code provided by their Community Builder and claim their free yard Genesis Key (yATL).

5.2

Genesis Key Distribution

Upon successful verification, the system automatically issues a Yard Genesis Key (yATL) to the user’s registered wallet. This serves as the foundation for all future interactions within the ecosystem. Simultaneously, new members gain access to the exclusive VMCC DAO Telegram channel and receive a link to the VMCC Dashboard, where the next phase of onboarding takes place.

5.3

VMCC Registration & Licensing

Within the VMCC Dashboard, users must first review and accept the ecosystem’s Terms and Conditions before proceeding. Once agreed, they can complete their corporate profile, providing necessary details to establish their Virtual Mining & Construction Company (VMCC). Upon submission, the system generates a Virtual Mining and Construction License, embedding a Unique Identification Number (UID) and an immutable on-chain registration record. This license formalizes their participation and grants access to core ecosystem functionalities.

5.4

DAO Integration & Full Ecosystem Access

With the Genesis Key and VMCC License in place, members are fully onboarded into the Atlantus ecosystem. This includes eligibility to participate in the VMCC Decentralized Autonomous Organization (DAO), where they can engage in governance voting, submit proposals, and influence project developments. Additionally, their credentials unlock access to other dApps within the ecosystem and reward mechanisms, all secured and verified through blockchain-based protocols.

5.5

Digital Assets and Transaction Processing

The platform currently supports USDT and USDC as the primary digital currencies for deposits and transactions, with the possibility of additional currencies being added in the future at the platform's sole discretion. All deposits made in these supported currencies are automatically converted into Gold Precious Resource Liquidities (gPRLZ), the platform’s internal transactional token, which maintains a fixed 1:1 parity with the US dollar (1 gPRLZ = $1.00 USDT). This conversion occurs immediately upon deposit, ensuring seamless integration into the platform’s financial ecosystem. All earnings generated through ecosystem participation, regardless of origin, are automatically aggregated and reflected in the user's VMCC Account.

5.6

Gold PRLZ

Gold PRLZ serves as the exclusive medium for all transactions within the platform, including yield participation and withdrawals. Its fixed dollar peg provides stability and uniformity across all operations, eliminating exchange rate fluctuations and simplifying value measurement. Users benefit from a standardised transactional framework, where all activities are conducted in gPRLZ after the initial currency conversion.

5.7

Withdrawals

To encourage long-term participation and discourage premature withdrawals, a withdrawal tax of up to 50% will be applied to gPRLZ conversions back to external currencies. This substantial tax structure is implemented to promote sustained engagement with the platform, align user incentives with the platform's long-term growth objectives, and maintain ecosystem stability by reducing high-frequency deposit and withdrawal activity. By utilising gPRLZ as the internal transactional token, the system streamlines financial operations while preserving a stable and predictable economic environment for all users.

6.

SECTION 6: PROTOCOLS AND FEATURES

The City of Atlantus ecosystem operates through a series of integrated protocols and features designed to ensure seamless participation while maintaining system integrity. These protocols govern all aspects of user interaction, from initial onboarding to ongoing ecosystem engagement, and are binding for all participants.

6.1

Genesis Key Acquisition

The ecosystem participation begins with acquiring a Genesis Key, available in three forms: Yard (yATL), Plot (pATL), and Acre (aATL). Each represents a different level of access, rewards, and benefits within the ecosystem. All Genesis Key transactions are executed on-chain and are final, with no refunds or reversals permitted. The Genesis Key serves as both your access credential and your proof of membership within the City of Atlantus Ecosystem, granting expanded privileges across the ecosystem dApp.

6.2

Genesis Keys Overview

The City of Atlantus ecosystem features two distinct types of Genesis Keys, each designed to serve different participant groups and stages of community growth:

6.2.1

Alpha Genesis Key

The Alpha Genesis Key represents the early, pre-launch batch of keys within the City of Atlantus ecosystem. These include keys that were purchased before the official launch of the VMCC Dashboard, as well as those distributed freely to community members through marketing initiatives and community-building campaigns.

6.2.2

Omega Genesis Key

The Omega Genesis Key is the post-launch series available for purchase directly on the VMCC Dashboard. These keys come with enhanced financial benefits: holders receive a 20% APY. Omega keys also have a distinct position in Tsunami payouts and enjoy structured, ongoing participation in the growth of the Atlantus ecosystem.

6.3

Ecosystem Value Token (EVT) Credit System

The EVT Credit System forms the backbone of the COA incentive structure, distributing rewards in two components, which are the Virtual Mining Equipment (VME) Credits (90% of earnings) and Gold PRLZ tokens (10% of earnings). VME Credits are non-transferable utility tokens exclusively redeemable within the ATL dApp for VME, which are essential for participation in the ecosystem's virtual mining protocols. Gold PRLZ tokens represent the liquid portion of rewards, freely tradable and redeemable across platform services. This bifurcated reward system ensures both operational engagement (through VME Credits) and liquidity (through gPRLZ) within the ecosystem.

6.4

Cryptocurrency

Your VMCC Dashboard provides a comprehensive overview of all digital assets held in your account, including but not limited to gPRLZ, sPRLZ, VME Credits $GRIT tokens, and other supported ecosystem assets, with real-time balance updates reflecting the most current blockchain data.

6.5

Genesis Key Financing

To support broader participation in the ecosystem, members may acquire a Genesis Key through an installment-based financing plan. Under this plan, the member shall pay an initial down payment equal to ten percent (10%) of the Genesis Key price, with the remaining balance payable in equal monthly installments over ten (10) months, at a zero percent (0%) interest rate. Failure to make payments for three (3) consecutive months shall constitute a default under this term. Upon default, the reserved Genesis Key shall be automatically released back into the available supply pool, and all prior installments paid shall be converted into gPRLZ, which will be added to the user’s asset portfolio and can be used for other ecosystem actions.

7.

SECTION 7: TRANSACTION AND PROCESSING

7.1

Cancellations and Non-Refundable Policy

All orders may only be cancelled if requested before blockchain execution. Once a transaction is approved by your wallet and processed on-chain, it becomes immediately irreversible. No modifications, withdrawals, or cancellations are permitted for completed transactions. We expressly reserve the right to reject any post-submission cancellation requests. Unlike traditional exchange systems, all platform transactions are binding upon execution, including locked USDT deposits across all protocols. Wallet approval constitutes absolute confirmation, after which no transaction can be reversed under any circumstances.

7.2

Transaction Pauses and Restrictions

We reserve the right to limit, suspend, or halt any transaction on the platform, including but not limited to USDT deposits, and other in-system actions, without liability for any alleged damages resulting from such restrictions. This includes pausing deposits for compliance, security, or operational reasons.

8.

SOCIAL MEDIA & CORRESPONDENCE

8.1

Fees

To complete a deposit, you must load funds into your digital wallet and connect to our platform. You acknowledge and agree that gas fees will apply when depositing funds, and these fees may fluctuate. and buy, sell, or transfer taxes (including transaction fees) may be charged on each purchase and are subject to change. Also, note that withdrawals are processed in gPRLZ by default. If you wish to withdraw in USDT or USDC, a withdrawal tax will be deducted by the system before processing.

8.2

Delay & Processing

We are not liable for any alleged damages resulting from delays in processing transactions, including mint requests or withdrawals. While we strive to execute transactions promptly, unforeseen circumstances may cause delays. Mint requests may not be processed immediately, but we will make reasonable efforts to complete them promptly. Withdrawals may also experience processing delays, depending on network conditions and compliance checks.

9.

SECTION 9: APPLICATION BINARY INTERFACE (ABI) & API TERMS OF USE

9.1

License Grant & Restriction

Subject to strict compliance with these Terms and any additional agreements with MOBI Automation, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the ABI solely for the processes and protocols on our platform. Interacting with approved smart contract functions in accordance with our documentation. Prohibited uses include: Reverse engineering, decompiling, or modifying the ABI or API, using the ABI or API for unauthorized off-platform transactions or third-party integration, or exploiting the ABI for arbitrage, spam, or disruptive network activity.

9.2

Availability & Disclaimers

The ABI may be intermittently unavailable due to maintenance, upgrades, or force majeure events. We are not responsible for incorrect orders, failed transactions, or losses due to ABI malfunctions or misuse. We may update, deprecate, or restrict ABI functionality without prior notice.

9.3

API Terms (If Applicable)

If accessing our API (Application Programming Interface), you further agree to the rate limits and adhere to published request thresholds. Retrieved data may only be used for internal purposes and resale or public redistribution is prohibited. The API keys are confidential; you are liable for unauthorized use.

9.4

Termination & Enforcement

We reserve the right to suspend or revoke ABI/API access for violations, security risks, concerns regarding the platform integrity or impose limits on functionality (e.g., disabling specific methods) at our sole discretion.

10.

Section 10: DISCLAIMER AND LIMITATION OF LIABILITY

10.1

Accuracy of Information and No Guarantees

We endeavor to verify the accuracy of any information displayed, supplied, passing through, or originating from the Services or Products, but such information may not always be accurate or current. We cannot and provide no guarantee whatsoever to the timeliness, accuracy, or completeness of any information (whether pricing, exchange rate, or otherwise) provided in connection with any Digital Asset, Service, or Product. Accordingly, you should independently verify all information before relying on it. Any decisions or actions taken based upon such information are your sole responsibility, and you assume all liability for any such decisions or actions.

10.2

Disclaimer of Warranties

MOBI AUTOMATION DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT, AND/OR QUIET ENJOYMENT, AND ANY SERVICES OR PRODUCTS PROVIDED BY US ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, (A) REGARDING THE CONTENTS OF THE SERVICES OR PRODUCTS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR PRODUCTS, ANY HYPERLINKS TO THIRD-PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR PRODUCTS, OR ANY WEBSITE LINKED TO THE SERVICES OR PRODUCTS; (B) THAT ACCESS TO THE SERVICES OR PRODUCTS SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER AND THAT OUR OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF US OR ITS AFFILIATES EXCEPT AS EXPRESSLY OUTLINED IN THIS AGREEMENT.

10.3

Indemnification

You agree to indemnify and hold harmless MOBI Automation, COA its affiliates, subsidiaries, directors, managers, members, officers, employees, and other customers, from any claims, demands, actions, damages, losses, costs, or expenses, including, without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or the Account in connection with:

10.3.1

use of the Services or Products;

10.3.2

a reversal of payment instructions by you which results in a negative account balance;

10.3.3

breach of this Agreement or any other policy;

10.3.4

false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable;

10.3.5

violation of any Applicable Law; or

10.3.6

violation of any rights of any other person or entity;

This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this Agreement.

10.4

Limitation of Liability

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. We will not be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized use of the interface or the information contained within it. We assume no liability or responsibility for any:

10.4.1

Unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein.

10.4.2

Personal injury or property damage of any nature whatsoever, resulting from any use of the interface.

10.4.3

Errors, mistakes, or inaccuracies of content.

10.4.4

Interruption or cessation of function related to the interface.

10.4.5

Bugs, viruses, trojan horses, or the like that may be transmitted to or through the interface.

10.4.6

Errors or omissions in, loss or damage incurred as a result of the use of any content made available through the interface.

10.4.7

The defamatory, offensive, or illegal conduct of any third party.

Note that 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 purchase. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis 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 outlined in this agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

10.5

Indirect Damages

Any liability for indirect damages, including but not limited to consequential damages, loss or damage of data, loss of profits, business opportunity, revenue, or goodwill, as well as the loss of our assets, is excluded. We will not be liable for “exemplary or punitive damages”

10.6

Unavailability

We shall not be liable for any damages you may incur due to the platform or the ABI being (temporarily) unavailable, as provided in the Terms of Use.

10.7

Exclusion of Digital Asset-Based Damages

Under no circumstances will we be required to deliver Digital Assets as damages, and you waive any right to specific performance or similar remedies. If damages are calculated based on the value of Digital Assets, such valuation will be determined by the lowest market value of the relevant Digital Asset between (a) the date the claim arose and (b) the date damages are awarded.

10.8

Exclusion of Liability for System and Network Failures

We shall not be liable for any damages caused in whole or in part by:

10.8.1

The malfunction, unexpected function, or unintended function of any computer or cryptocurrency network, including, without limitation, losses associated with viruses, network forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, governance disputes, mining difficulty, changes in cryptography or consensus rules, hacking, or cybersecurity breaches.

10.8.2

The change in the value of any cryptocurrency or any change in law, regulation, or policy.

10.8.3

Force majeure events, including but not limited to: Acts of God, nature, court, or government, failure or interruption in public or private telecommunication networks, communication channels, or information systems; Acts or omissions of acts of a party for whom we are not responsible, delay, failure, or interruption in, or unavailability of, third-party services and sites; Strikes, lock-outs, labor disputes, wars, terrorist acts, and riots, viruses, malware, other malicious computer codes, or the hacking of our systems.

11.

SECTION 11: WARRANTIES & INDEMNIFICATION

11.1

User Warranties

You represent and warrant that:

11.1.1

Legal Capacity

You are of legal age, sound mind, and fully capable of entering binding agreements for financial transactions.

11.1.2

Organizational Authority

If acting on behalf of any entity, you are duly authorized to bind them to these Terms. The entity accepts liability for your actions.

11.1.3

Risk Acknowledgement

You have thoroughly read these Terms (including the risk disclosure, understand all associated risks, and have had the opportunity to request clarifications.

11.1.4

Regulatory Compliance

Neither you nor affiliated parties are subject to sanctions or litigations under AML/CTF, anti-corruption, or economic sanction laws or engaging in unlawful activities through our Platform

11.1.5

Proper Platform Use:

You will not disrupt Platform functionality or use it for fraudulent/harmful purposes.

11.1.6

Wallet Ownership

All provided deposit/withdrawal addresses are exclusively owned and controlled by you.

11.2

Indemnification

You agree to defend and indemnify MOBI Automation against all third-party claims arising from your breach of these Terms, unauthorized use of the Platform, ABI, API or the violations of applicable laws.

12.

SECTION 12: STORAGE

12.1

Due to the decentralized nature of blockchain technology, all transactional content and user-submitted information (e.g., wallet interactions, on-chain records) are processed and stored across distributed nodes, not on centralized servers. As this data is inherently subject to the immutable and public design of blockchain networks, we cannot modify, retrieve, or assume liability for any loss or alteration of such on-chain content.

12.2

For VMCC registration, users must provide specific off-chain details, including their company name, logo, Telegram handle, and jurisdiction. This information is stored securely in our off-chain databases and is governed by our Privacy Policy, which outlines our protocols for processing, managing, and protecting such data. Off-chain data is subject to our internal security measures and applicable data protection laws, distinct from on-chain interactions.

12.3

All other user activities, including but not limited to token transactions, smart contract executions, and wallet addresses, are recorded on-chain and fall outside our control. By using this platform, you acknowledge that we disclaim responsibility for any loss, corruption, or unintended disclosure of on-chain data, as these risks are inherent to blockchain-based systems.

13.

SECTION 13: INTELLECTUAL PROPERTY RIGHTS

13.1

Ownership

The contents of the Website are protected by International Copyright Laws and other Intellectual Property Rights. The Intellectual Property Rights of our platform are held by us, our affiliates, or our licensor(s). You may only use the website, and all content derived from the website, including but not limited to the copyright and all other intellectual property rights in connection with the Services for your personal and non-commercial use according to the Terms of Use. No part of the website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted, or distributed by any means or in any manner; or included in any other website or public/private electronic retrieval system or service including text, graphics, video, messages, code and software without our express prior written consent. Nothing in these Terms of Use may be interpreted to constitute a transfer of Intellectual Property Rights from one party to the other.

13.2

Liability

You will be liable to us for any damage, costs, or expenses we suffer or incur that arise out of or in connection with your commission of any of the prohibited acts. You shall notify us as soon as reasonably possible after becoming aware of the commission of any of the prohibited acts and shall provide us with reasonable assistance with any investigations we may conduct as a result of the information provided by you in this respect.

CONTACT US

For questions regarding the Terms of Use, you can ask the community managers directly in the Atlantus City Hall (ACH) chat.