Terms of Use

1. Overview of Persistence Products

1.1 Persistence Chain is a decentralised open-source layer one blockchain network that is maintained by a network of decentralised nodes (including validators).

1.2 For purposes hereof, any software, application, integration, token (including but not limited to Supported Wallet, the Token(s)) or infrastructure which allows for interaction with the Persistence Chain that is supported by the Company shall for the purposes hereof be referred to as a “Persistence Supported Product” and “Persistence Supported Products” shall be construed accordingly.

1.3 For purposes of these Terms:

• “ Affiliate ” means, with respect to any specified person, any other person who, directly or indirectly, controls, is controlled by, or is under common control with such person, including without limitation any general partner, managing member, officer, director or trustee of such person, or any venture capital fund or investment company now or hereafter existing that is controlled by one or more general partners, managing members or investment adviser of, or shares the same management company or investment adviser with, such person.of an entity means the owners, directors, officers, employees, advisors, and agents of such entity and companies in which such entity has an interest;
• “ Control ” The word "control" (including its correlative meanings, “controlled by”, “controls” and “under common control with”) shall mean, with respect to a corporation, the right to exercise, directly or indirectly, more than 50 per cent. of the voting rights attributable to the shares of the controlled corporation and, with respect to any person other than a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person;
• “ Communication ” refers to any communication you may receive by agreeing or accessing any of the public channels associated with the Persistence Products, including but not limited to the Persistence Products’ official Telegram, Twitter, Discord or other social media channels;
• “ Persistence Chain ” means the blockchain known as Persistence Core-1 chain developed based on the Cosmos SDK;
• “ Persistence Supported Products ” has the meaning ascribed to it in Clause 1.2;
• “ Persistence Documentation ” means the document repository accessible at https://docs.persistence.one and all its associated links;
• “ Persistence Associated Entities ” refers to the Company and its Affiliates and its respective Affiliates;
• “ Token ” refers to the proof-of-stake utility and governance token of Persistence Chain called Persistence token or XPRT, which purpose and function is to secure the Persistence Chain network and to facilitate decentralised decision-making in respect of Persistence Chain; and
• “ Supported Wallet ” in relation to XPRT and the Persistence Chain, means the digital wallet application as referred to as such in Clause 2.1;

a reference to:

• a “person” includes a reference to any individual, body corporate, unincorporated association or partnership;
• an agreement or other document is a reference to that agreement or document as from time to time supplemented or amended;
• the masculine gender includes the feminine and neuter genders and vice versa;
• the singular includes the plural and vice versa; and
• any law or regulation is a reference to that law or regulation as amended from time to time and, where the same has been repealed, to any re-enactment or replacement of the same.

1.4 Website Access :

• The Website (being itself a Persistence Product) is a user interface designed by Company to facilitate use of the Persistence Products in general by providing a user-friendly interface to access, use and/or interact with the Persistence Chain, although the Persistence Chain is also accessible / can be used via Direct Access. Company may modify or discontinue support for the Website at any time, in its sole discretion.
• You are hereby granted a non-exclusive, non-transferable, revocable, limited licence to electronically access and use the Website in the manner described in these Terms. You do not have the right, and nothing in these Terms shall be construed as granting you the right, to sub-license any rights in connection with the access and/or use of the Website. Company may revoke or terminate this licence at any time if you use, or attempt to use, the Website in a manner prohibited by these Terms, or if your rights under these Terms are terminated pursuant to Section 7.

1.5 Direct Access. With the necessary technical expertise, it is possible for a User to generate transaction messages to interact with the Persistence Chain via Direct Access directly without use of the Website. Company is not involved in and has no oversight of any Direct Access and expressly disclaims all responsibility, and User acknowledges that Company and its Affiliates shall have no responsibility for any loss occasioned to a User by or attributable to Direct Access.

1.6 Persistence Chain .

• Apart from Website Access and Direct Access, the Persistence Chain may also be accessible now or in the future through other applications or integrations built on the Persistence Chain.
• Persistence Chain is an open-source software accessible at the Github Page, and is maintained and modifiable by the Company (and/or its Affiliates) subject to Token governance processes from time to time. You agree that save for the right to access and/or use the Persistence Products on the terms expressly provided herein, you shall not acquire and/or own any legal right, title and/or interest in the Persistence Products or any intellectual property rights associated thereto, which shall be wholly owned by the Company (and/or its Affiliates).

1.7 Transaction Fees.

• As the context may apply, Transaction fees (“Transaction Fees”) in the form of “gas fees” (generally denominated in the Token) are applicable when certain on-chain transactions are execution (including but not limited to making Token transfers, staking Tokens etc.) (each, a “Persistence On-Chain Transaction”). Please refer to the Website or the Persistence Documentation for more details.
• User hereby consents to such fees (if applicable) being debited from such User’s Persistence Chain-compatible wallet that such User connects to the Persistence Chain for purposes of effecting a Persistence On-Chain Transaction, at the time such Persistence On-Chain Transaction is processed. Similar transaction fees may also be levied on Users accessing and using the Persistence Chain via Direct Access.

1.8 Non-circumvention. You agree not to do anything, including the use of any technology such as virtual private networks (VPN) for the purposes of circumventing these Terms.

1.9 Sole and exclusive use of IP address: You shall not use another person’s IP address and neither will you allow another person to use your IP address associated with your use of Persistence Products. You hereby declare and represent that the IP address associated with your use of Persistence Products is unique and exclusive to you and shall remain as such.

2. Using Persistence Products

2.1 Persistence Chain

• Any User can interact with the Persistence Chain for various purposes, including but not limited to the following, which shall be non-exhaustive: (i) running a validator node to participate in the securing the network and participating in network consensus; (ii) staking Tokens or delegating Tokens for staking; (iii) integrating software with the Persistence Chain; (iv) claiming staking rewards; (v) voting on governance proposals pertaining to Persistence Chain; (vii) accessing the Persistence Chain using a wallet application (including https://wallet.persistence.one (“Supported Wallet”) or other third party wallet solutions like Keplr), among other things (collectively, the “Activities”).
• A User accessing and/or using Persistence Products for any of the Activities or for any other purpose is deemed to have read and understood the Persistence Documentation, and acknowledges and accepts all risks and fees relating to the same, including but not limited to: i) all Transaction Fees incurred in connection with use of Persistence Chain; ii) all risks associated with holding or handling of Tokens, including the Tokens having no secondary market or liquidity or any inherent value to others; and iii) technological risks associated with blockchain technology, smart contracts, on basis of which Persistence Products is developed, which may be subject of potential hacks, exploits and compromise (including risks associated with third-party integrations available for use in association with Persistence Chain e.g. Keplr, etc.).

The Company and its Affiliates shall have no responsibility for any loss occasioned to such User who shall have no claim against Company and its Affiliates in respect thereof.

3. Representations and Warranties

3.1 In accessing and/or using any Persistence Product (including interacting with the Persistence Chain using Supported Wallet), User makes the following representations and warranties:

• User is at least eighteen (18) years of age, and has the full right, power and authority to access and/or use Persistence Products (including the tools made available in respect thereof), and to enter into and comply with these Terms;
• User is not prohibited and/or restricted under the laws of any jurisdiction applicable to User from accessing and/or using Persistence Products, and/or from using the Supported Wallet in connection with User’s use of Persistence Products;
• User is compliant with all laws of any jurisdiction applicable to User in relation to User’s access and/or use of Persistence Products and acknowledges and agrees that the Persistence Associated Entities are not liable for User’s compliance or non-compliance with any such laws;
• User’s access and/or use of Persistence Products does not require the Company or any other entity associated with Persistence Products to be registered, licensed or granted approval in order for User to use or continue using Persistence Products;
• User is not an Excluded Person (as defined below), and User is not accessing and/or using Persistence Products from an Excluded Jurisdiction (as defined below);
• User has not had User’s access or use of Persistence Products previously terminated or revoked for any reason whatsoever;
• User will not, and will not attempt to, authorize anyone other than User to access and/or use Persistence Products using a Supported Wallet or Persistence Chain-compatible blockchain address owned by User, or otherwise engage in Prohibited Use (as defined below) of such Supported Wallet Persistence Chain-compatible blockchain address;
• where User is using Supported Wallet or Token in connection with Persistence Products, such User is the legal and beneficial owner of, or is authorized by the owner of such Supported Wallet or Token (as the case may be) and/or to hold and/or deploy, the Token; and
• User is knowledgeable in using and evaluating blockchain technologies and related blockchain-based digital assets, including Persistence Products, Tokens and Supported Wallet, and User has evaluated and understands the use of Persistence Products and has not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of Persistence Associated Entities with respect to Persistence Products whether as regards the suitability, reliability, security or otherwise of Persistence Products and/or Persistence Chain.

Each and all of User’s above representations and warranties are true, complete, accurate and not misleading from the time of User’s acceptance of these Terms and are deemed repeated each time User uses Persistence Products.

3.2 By accessing and/or using Persistence Products, User acknowledges and accepts that the Persistence Associated Entities shall not be liable to User for the deployment and maintenance of Persistence Products and/or any malfunction thereof.

3.3 Company may, in its sole discretion, modify or discontinue support (to the extent it is able to or practically able to) for Persistence Products at any time.

3.4 User shall be responsible for obtaining the data network access necessary to use and/or access Persistence Products, and for acquiring compatible hardware or device necessary to access and use Persistence Products and any updates thereto.

3.5 Use of Persistence Products may be disrupted as a result of malfunction and/or delays which are inherent to the use of the internet and electronic communications, and User agrees that the Persistence Associated Entities shall not be responsible for any such disruption, malfunction and/or delay, and any loss which may arise therefrom.

3.6 The Website and its contents are our property or the property of our licensors and are protected by copyright, trademark, patent and other applicable laws. User is permitted to download and print content from the Website solely for such User’s own personal use to the extent required to access and use the tools and information made available via the Website. Unless with our prior written consent, the Website and its contents must not be reproduced, modified, redistributed or otherwise used for any other reason.

3.7 User shall not modify, adapt or hack the Website and/or Persistence Products, or modify any other website and/or protocol so as to falsely imply that such other website and/or protocol is associated with the Website and/or Persistence Products and/or its Affiliates (as defined below) in any way. User shall not crawl, scrape, cache or otherwise access any content from the Website via automated means, and User shall not use automated data collection, data mining, robots or any other data gathering methods of any kind on the Website and/or Persistence Products.

3.8 User may, through hyperlinks displayed on the Website, gain access to websites operated by persons other than the Company. Such hyperlinks are displayed only for User’s convenience, and we assume no responsibility for the use of any third-party software or other materials on the Website.

4. Excluded Person and Excluded Jurisdiction

For purposes of these Terms:

4.1 “ Excluded Jurisdiction ” means any of the following jurisdictions:

• the United States of America and its territories and possessions (collectively “United States”);
• the People’s Republic of China;
• a jurisdiction identified by the Financial Action Task Force (FATF) for strategic AML/CFT deficiencies and included in FATF’s listing of “High-risk and Other Monitored Jurisdictions” accessible at https://www.fatf-gafi.org/en/countries/black-and-grey-lists.html (as may be updated from time to time); and/or
• a jurisdiction in which Persistence Products and the use of which are prohibited or would be subject of licensing, permissions or approvals.

4.2 “ Excluded Persons ” refers to the following:

4.2.1 a person who is:

• a citizen of an Excluded Jurisdiction (which for purposes of this Section 4.2.1(a) shall not include United States);
• domiciled in, resident of, or physically present / located in an Excluded Jurisdiction;

4.2.2 a body corporate:

• which is incorporated in, or operates out of, an Excluded Jurisdiction; or
• which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;

4.2.3 an individual or body corporate accessing and/or using Persistence Products from within an Excluded Jurisdiction;

4.2.4 an individual or body corporate included in United Nations Consolidated List (accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list);

4.2.5 an individual or body corporate which is otherwise prohibited or ineligible in any way, whether in full or in part, under any laws applicable to such individual or body corporate from accessing and/or using Persistence Products; and/or

4.2.6 a U.S. person.

4.3 “U.S. person” means:

• any natural person resident in the United States;
• any partnership or corporation organized or incorporated under the laws of the United States;
• any estate of which any executor or administrator is a U.S. person;
• any trust of which any trustee is a U.S. person;
• any agency or branch of a foreign entity located in the United States;
• any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;
• any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States;
• any partnership or corporation if: a) organized or incorporated under the laws of any foreign jurisdiction; and b) formed by a U.S. person principally for the purpose of investing in securities not registered under the Act, unless it is organized or incorporated, and owned, by accredited investors (as defined in Regulation D of the Securities Act of 1933 of the United States of America) who are not natural persons, estates or trusts; and
• any citizen of United States who is a military personnel of United States who is not resident in or outside of the United States,

but does not include :

• any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-U.S. person by a dealer or other professional fiduciary organized, incorporated, or (if an individual) resident in the United States;
• any estate of which any professional fiduciary acting as executor or administrator is a U.S. person if: a) an executor or administrator of the estate who is not a U.S. person has sole or shared investment discretion with respect to the assets of the estate; and b) the estate is governed by foreign law;
• any trust of which any professional fiduciary acting as trustee is a U.S. person, if a trustee who is not a U.S. person has sole or shared investment discretion with respect to the trust assets, and no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. person;
• an employee benefit plan established and administered in accordance with the law of a country other than the United States and customary practices and documentation of such country;
• any agency or branch of a U.S. person located outside the United States if: a) agency or branch operates for valid business reasons; and b) the agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where located; and
• The International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans.

5. Prohibited Use

User shall not, directly or indirectly:

5.1 access and/or use Persistence Products:

• in violation of any law, rule, or regulation of any jurisdiction that is applicable to User; and/or
• in violation or breach of these Terms and/or any other document from time-to-time governing User access and/or use of Persistence Products;

5.2 permit others to access Persistence Products through User’s wallet or a blockchain address User controls or otherwise engage in transactions using Persistence Products for any person other than the wallet owner;

5.3 disrupt, interfere with, or otherwise adversely affect the normal flow or function of Persistence Products or otherwise act in a manner that may negatively affect other users’ experience when using Persistence Products, and User shall not take advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design and functions of Persistence Products;

5.4 engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulative transaction activity in connection with User’s use of Persistence Products;

5.5 engage in, or knowingly facilitate, any money laundering, terrorist financing, or other illegal activities using Persistence Products;

5.6 access or attempt to access non-public systems, programs, data, or services using Persistence Products;

5.7 copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of Persistence Products except as expressly permitted by applicable laws; and

5.8 reverse engineer or attempt to reverse engineer Persistence Products except as expressly permitted by applicable law, (collectively, “Prohibited Uses”).

6. Waivers

6.1 User agrees and acknowledges that neither the Company nor any of our Affiliates (as defined below) shall be liable to User for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with User’s access and/or use of Persistence Products.

6.2 User undertakes not to initiate or participate, and waives the right to participate in, any class action lawsuit or a class-wide arbitration against Company and/or our Affiliates in relation to User’s access and/or use of Persistence Products.

6.3 By accepting these Terms, User waives all rights, claims and/or causes of action (present or future) under law (including any tortious claims) or contract against the Persistence Associated Entities and its Affiliates in connection with User’s access and/or use of Persistence Products.

7. Termination

7.1 These Terms shall remain in full force and effect and be legally binding on User for so long as User accesses and/or uses Persistence Products.

7.2 The Persistence Associated Entities may restrict, suspend and/or terminate User’s access and/or use of Persistence Products at any time for any reason and to such extent at Persistence Associated Entities’ sole discretion.

7.3 Neither the Company nor any of our Affiliates will have any liability whatsoever to User for any such restriction, suspension and/or termination or for any action taken by the Company and/or any of our Affiliates to implement such restriction, suspension and/or termination which can include blacklisting User’s Supported Wallet which User uses to access and/or use Persistence Products.

7.4 Sections 3 to 10 of these Terms shall remain in effect in favour of the Company and its Affiliates (as the case may be) notwithstanding any such restriction, suspension and/or termination.

8. Disclaimer

8.1 In accessing and/or using Persistence Products, User acknowledges and agrees that:

• PERSISTENCE PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY THE COMPANY, AND THE PERSISTENCE ASSOCIATED ENTITIES EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
• THE PERSISTENCE ASSOCIATED ENTITIES HAS NOT MADE AND MAKES NO REPRESENTATION, WARRANTY AND/OR CONDITION OF ANY KIND THAT PERSISTENCE PRODUCTS WILL MEET USER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
• NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES IS USER’S BROKER, AGENT, TAX OR LEGAL ADVISOR, AND HAS NO FIDUCIARY RELATIONSHIP WITH OR OBLIGATION TO USER. NO COMMUNICATION OR INFORMATION PROVIDED BY PERSISTENCE ASSOCIATED ENTITIES OR ANY OF ITS AFFILIATES IS INTENDED AS OR SHALL BE CONSTRUED AS INVESTMENT, FINANCIAL, TAX, LEGAL OR ANY OTHER KIND OF ADVICE. THE PERSISTENCE ASSOCIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DECISIONS USER MAKES TO ACCESS AND/OR USE PERSISTENCE PRODUCTS.
• TO THE EXTENT THAT APPLICABLE LAW REQUIRES OR IMPOSES ANY REPRESENTATION, WARRANTY AND/OR CONDITION WITH RESPECT TO USER’S ACCESS AND/OR USE OF PERSISTENCE PRODUCTS, ALL SUCH REPRESENTATION, WARRANTY AND/OR CONDITION ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST ACCESS AND/USE BY USER OF PERSISTENCE PRODUCTS.

8.2 THE PERSISTENCE ASSOCIATED ENTITIES DOES NOT ENDORSE ANY THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH ANY OTHER THIRD PARTY.

8.3 YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ANY OF OUR AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS AND/OR USE OF PERSISTENCE PRODUCTS, EVEN IF THE COMPANY AND/OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 USER’S ACCESS TO AND/OR USE OF PERSISTENCE PRODUCTS IS AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

9.3 NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO USER FOR ANY LOSS OR DAMAGE ARISING OUT OF USER’S FAILURE TO KEEP USER’S PRIVATE KEYS OR LOGIN CREDENTIALS TO USER’S WALLET SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR TRANSACTIONS INVOLVING USER’S WALLET.

9.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE COMPANY AND/OR ANY OF OUR AFFILIATES TO USER FOR ANY CLAIM BY USER FOR DAMAGES ARISING FROM OR RELATED TO USER’S ACCESS AND/OR USE OF PERSISTENCE PRODUCTS:

• WHETHER PURSUANT TO THESE TERMS; AND/OR
• WHETHER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF USD100. THE EXISTENCE OF MORE THAN ONE CLAIM BY USER WILL NOT ENLARGE THIS LIMIT.

10. Indemnification

10.1 User shall indemnify and hold the Company and/or any of our Affiliates, each of their respective employees, officers, directors and representatives (collectively, “Indemnified Party”), harmless, including costs and attorneys’ fees, from any loss, claim or demand made due to or arising out of:

• User’s access and/or use of Persistence Products;
• User’s violation of these Terms;
• acquisition, holding or disposal of Tokens and or the use of Tokens; and
• User’s violation of laws or regulations applicable to User’s access and/or use of Tokens.

10.2 The relevant Indemnified Party reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to provide indemnification, and User agrees to cooperate in the defence of these claims. User shall not settle any matter without the prior written consent of the relevant Indemnified Party. The relevant Indemnified Party will use reasonable efforts to notify User of any such claim, action or proceeding upon becoming aware of it.

11. Tax Implications

User is solely responsible for determining the tax implications and tax reporting requirements associated with transactions User engages in using Persistence Products, and for paying any applicable taxes in each applicable jurisdiction. Neither the Company nor any of our Affiliates shall be responsible for determining whether there are tax implications in connection with transactions involving User’s use of Persistence Products, for reporting any such transactions, or for paying any applicable taxes.

12. Potential Risks Associated with Use of Persistence Products

User acknowledges and agrees to the following:

12.1 Persistence Products allows User access to the Persistence Chain to engage in aforementioned activities on User’s own account and at User’s own risk.

12.2 Using digital assets, staking, running nodes, providing liquidity and/or other forms of interfacing with digital assets entails a high financial risk. User has necessary experience and knowledge to understand the risks involved. User should carefully assess User’s financial circumstances and risk tolerance and where appropriate, seek third party financial advice before engaging in the aforementioned activities.

12.3 Nothing in these Terms or the Website shall be construed as:

• financial or investment advice. We do not provide any view on the merits of any particular investment. Any information provided is for educational purposes and to keep investors informed of prices, ranges, and volatility of digital assets and derivatives thereof. No person in the Persistence Associated Entities acts as your broker, intermediary, agent or advisor in any capacity; and
• any marketing, promotion or offer for any product or investment to User or any third party. User shall be solely responsible for any losses, damages or costs resulting from User’s reliance on any data or information on the Website or otherwise. User shall be responsible for User’s decisions relating to Persistence Products which are User’s own.

12.4 Like all software, Persistence Products may be subject to exploits, accordingly, neither the Company nor any of its Affiliates shall be responsible to User any such exploits or loss to User as a result of such exploits, whether foreseeable or not.

12.5 While the Company has taken a number of precautions to ensure the security of Persistence Products including obtaining or procuring the obtaining of third-party security audits, the technology constituting Persistence Products, and their interaction, is relatively new and it is not possible to guarantee that the code is completely free from bugs or errors.

12.6 User accepts all risks that arise from User’s access and/or use of Persistence Products, including and not limited to, the risk of any of Tokens being lost due to a failure or exploit of Persistence Products.

12.7 User is solely responsible for securing the private keys associated with any Supported Wallet which User uses when accessing and/or using Persistence Products.

12.8 User understands that anyone who obtains User’s private keys to User’s Supported Wallet and/or access to User’s device containing such private keys, may access User’s Supported Wallet controlled with those private keys with or without User’s authorisation and may transfer any Tokens accessible through User’s Supported Wallet.

12.9 In choosing to access and/or use Persistence Products, User does so on User’s own initiative and at User’s own risk, and User is responsible for complying with all applicable local laws, rules and regulations relating to User’s access and/or use of Persistence Products.

12.10 Support for the Persistence Products may be modified or discontinued at any time in Persistence Associated Entities’ sole discretion.

12.11 In the event of a change in the operating rules or other features of the relevant code (“Fork”) that may result in more than one version of a network (“Forked Network”) and more than one version of a digital asset (“Forked Asset”), Persistence Products may not support activity related to any Forked Assets. Forked Networks and the available supply of any Forked Assets are wholly outside Persistence Associated Entities’ control. In the event of a Fork, Persistence Associated Entities may temporarily suspend certain services on the Website (with or without advance notice to User) while it is determined which Forked Network(s) to support. Persistence Associated Entities shall not be responsible for a lack of support for any Forked Asset.

12.12 By using Persistence Products, User is using Persistence Products “as is” and “as available” with no representations or warranties whatsoever. To the maximum extent permitted by law, neither the Company nor any of its Affiliates makes any express or implied representations and warranties, including implied representations or warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement in relation to Persistence Products. Neither the Company nor any of its Affiliates is responsible or liable for any error, delay or interruption in or lack of access to Persistence Products or for any loss of digital assets (including but not limited to Tokens) occasioned by or attributable to Persistence Products.

12.13 Any acquisition, holding or disposal by you of Tokens is solely in relation to your participation in governance of Persistence Chain and not for any other purpose, including investments. You further acknowledge and agree not to acquire, hold, and/or dispose Tokens if doing so is prohibited or subject of compliance in the relevant jurisdiction applicable including circumstances where your interaction in Tokens results in Tokens and/or your activities associated with Tokens be construed by applicable laws and regulations (including but not limited to securities laws) as a regulated activity, whether or not such regulations require the Company and/or its Affiliates be registered, licensed or approved in connection with the activities described in the foregoing of this Section 12.13 or the Activities.

12.14 There are inherent risks associated with distributed ledger technologies and blockchain-based networks which are experimental in nature. Transactions based on such technologies are generally immutable, which means that any error may result in transactions being irreversible.

12.15 Support for the Activities whether provided by the Company or otherwise, may be impacted by regulatory actions which may disrupt, limit or cease the provision of such support.

12.16 The disclaimers and warnings contained in these Terms do not constitute all possible risks associated with the use of Persistence Products. They also do not represent an on-going obligation to alert you to all the potential risks associated with the Activities.

12.17 While the intent is to provide timely and accurate information, you acknowledge that the Website and any other web-landing page or interface associated with Persistence Products, including the Persistence Documentation may not always be accurate, complete, or up to date. You acknowledge that it is your responsibility to verify all information before relying on it. No representation in respect of such information is made as to the constant accuracy, completeness or appropriateness for any particular purpose.

13. Electronic Communications

13.1 The communications between User and the Company shall be via electronic means, either through the Website or electronic mail.

13.2 For contractual purposes, User:

• consents to receive communications from the Company in any electronic form; and
• acknowledges and agrees that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to User electronically satisfy any legal requirement that would also be satisfied if such communications were to be in a hardcopy writing.

14. General

14.1 Entire Terms These Terms (read together with our Privacy Policy) constitute the entire agreement between User and the Company regarding User’s access and/use of Persistence Products.

14.2 Relationship of Parties : Nothing contained in these Terms will be deemed to be construed as creating a partnership or an agency relationship or joint venture between User, the Company and/or any of our Affiliates.

14.3 Assignment : These Terms, and User’s rights thereunder, may not be assigned, without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms and our respective rights thereunder.

14.4 Waiver : A waiver by the Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of the Company and shall apply only to the circumstances for which it is given. Failure of the Company to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy, and no single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.

14.5 No Third-Party Rights : Save for the Company’s Affiliates who shall have the rights and benefits to the extent accorded thereto under these Terms, any person who is not a Party shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of these Terms.

14.6 Governing Law and Jurisdiction : The agreement as shall be constituted by User’s acceptance of these Terms, and any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of such agreement, shall be governed by and construed in accordance with the law of Singapore. The Parties agree that any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms shall be by arbitration, and judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant Party or its assets. The arbitration shall be conducted under the rules of the Singapore International Arbitration Centre (“SIAC”). The arbitral tribunal shall consist of a sole arbitrator to be appointed by the President of the SIAC. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. The arbitration agreement shall be governed by Singapore law.

14.7 Severability : If any provisions of these Terms are found by any court or tribunal of competent jurisdiction to be invalid, void, unlawful or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.