NEAR Horizon Platform Terms and Conditions

Last updated: 26 April 2023

These terms are entered into by and between you andDiscovery Domain Ltd (“Company”, “we” or “us”). Please read these Terms and Conditions (“Terms”) carefully before using the NEAR Horizon Platform (“Platform”). Your access to and use of the Platform is conditional upon your acceptance of and compliance with these Terms. These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of the Platform, any content, functionality and services available or accessible through the Platform. By accessing the Platform, you agree to be bound by these Terms and the Privacy Policy incorporated herein by reference. If you do not agree to these Terms you must not access or use the Platform.

THE PLATFORM IS BUILT ON A FULLY DECENTRALIZED BACKEND INFRASTRUCTURE AND DOES NOT FACILITATE ANY ASPECT OF BLOCKCHAIN BASED DIGITAL ASSET TRANSACTIONS. THE PLATFORM MERELY PROVIDES A SET OF TOOLS FOR USERS TO VIEW AND LOCALLY INTERACT WITH CODE THAT MAY ENABLE ACCESS TO INFORMATION AND SERVICES THAT MAY BE RELEVANT TO BLOCKCHAIN BASED PROJECTS. THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION OR SERVICES PRESENTED ON OR ACCESSIBLE THROUGH THE PLATFORM IS NOT GUARANTEED AND WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO THE SAME.

WE ARE NOT BROKERS OR INTERMEDIARIES, AND ARE NOT YOUR AGENT, ADVISOR, OR CUSTODIAN, AND NONE OF THE PARTIES ON THE PLATFORM HAVE A FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT WHEN USING THE PLATFORM. BY USING THE PLATFORM YOU AGREE THAT YOU UNDERSTAND THE RISKS ASSOCIATED WITH PARTICIPATING IN DECENTRALIZED PROTOCOLS AND THAT WE ARE NOT RESPONSIBLE FOR YOUR USE OF THE PLATFORM OR ANY SERVICES THAT YOU ACCESS THROUGH THE PLATFORM.

FOR THE AVOIDANCE OF DOUBT, WE DO NOT PROVIDE AND ARE NOT RESPONSIBLE FOR THE SERVICES ACCESSIBLE THROUGH THE PLATFORM (SAVE FOR WHERE EXPRESSLY INDICATED IN THESE TERMS).

When accessing specific services via the Platform, other terms and conditions may apply (“Third Party Terms”) and you are solely responsible for reviewing, understanding and adhering to those Third Party Terms.

The Platform 

The Platform provides a set of tools that enables users to locally interact with code that can facilitate access to certain locally-run blockchain-based services including a platform where Web3 teams building on theNEAR Protocolor other blockchains (“Teams”) to: (i) showcase their projects; (ii) get access to mentors and educational information (“Mentors”); (iii) access potential service providers (“Vendors”) and supporters of the NEAR Ecosystem (together the “Services”).

The Platform only provides a set of tools that enables users to locally interact with code that can facilitate access to the Services  and neither we nor the Platform are responsible for the performance of any Services (or associated activities) unless otherwise expressly stated in these Terms.

To the extent that you elect to conduct transactions in connection with the Services, all transactions are conducted between you and the relevant third party and we are not a party to them. We are not responsible for the quality, safety, accuracy, or any aspect of the Services (or any other information, goods and/or services facilitated by or accessible through the Platform (regardless of whether such Services (or any other information, goods and/or services) are made available by the Teams, Mentors, Vendors or otherwise) save where expressly indicated.

The Platform is available to users who are eighteen (18) years of age or older. By accessing or using the Platform, you represent and warrant that you are eighteen (18) years of age or older and of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. In addition, you represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions, or where your use of the Platform and Services would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Platform will fully comply with all applicable laws and regulations, and that you will not access or use the Platform to conduct, promote, or otherwise facilitate any illegal activity (including any activity requiring regulatory licenses, without having obtained such). If you do not meet all of these requirements, you must not access or use the Platform.

You are also responsible for your use of the Platform and any and all Services, including but not limited to any content or material you upload, post or otherwise transmit through the Services. You agree not to use the Platform for any purpose that infringes on the rights of others or is otherwise prohibited by these Terms.

NEAR Horizon Credits

Teams may be allocated NEAR Horizon Credits (“Credits”) and can only redeem these Credits for  certain Servicesas expressly specified in these Terms, additional terms and conditions applicable to Credits or as expressly provided by us in an individual agreement.You agree and understand that Credits do not constitute an investment, have no financial value and are not means of payment, grant or otherwise an endorsement of you and/or your project.

Credits are used as accounting records and must be used exclusively within the Platform. They are not redeemable,exchangeable formoney, transferable, assignable or saleable. If you cease to use the Platform the Credits will expire unconditionally after one year.

We reserve the right to cancel your access to Credits if we decide (acting reasonably) that you have breached these Terms. The Credits and the use of Credits may be subject to further terms and conditions.

WE DO NOT HAVE CUSTODY OVER YOUR ASSETS OR ACCESS TO YOUR PRIVATE KEY AND CANNOT INITIATE A TRANSFER OF DIGITAL ASSETS OR OTHERWISE ACCESS YOUR DIGITAL ASSETS.

The Services that you access via the Platform and run locally may allow you to create or connect a digital wallet holding digital assets to your account and/or to hold, transfer or otherwise interact with digital assets. You understand that we do not hold your assets and take no custody of them. We have no access to your assets or funds and we do not operate or provide the Services (save where expressly indicated in the case of the Services only). It is your responsibility to ensure that you maintain control of your digital assets on the Services run locally by you. Once you purchase or sell a digital asset, the transaction cannot be canceled or recalled. Once a transaction has been recorded in a digital wallet as instructed when the transaction was initiated, it cannot be recalled or retrieved under any circumstances.

We and our service providers are not responsible for the keys to any digital assets or your seed phrase, or their loss or disclosure to others. It is your responsibility at all times to ensure you have such credentials and maintain them securely. Any losses you suffer as a result of loss of control of, disclosure or unauthorized use of your digital keys is your responsibility and you hereby indemnify us and hold us harmless against any claims or losses arising from your loss of the digital keys to your wallet or their use by third parties. PLEASE KEEP YOUR SEED PHRASE AND DIGITAL KEYS SAFE, AS WE AND OUR SERVICE PROVIDERS DO NOT HAVE THEM AND DO NOT KNOW THEM. IF YOU LOSE THE KEYS OR SEED PHRASE, YOU MAY LOSE ACCESS TO YOUR ASSETS.

Risks

You agree and understand that under no circumstances will the operation or use of the Platform (or access or use of any Services) be deemed to create a relationship between you and us that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE PLATFORM. We do not provide or control the Services and have no responsibility for them (save where expressly indicated). No content found on the Platform, whether created by us, Teams, Mentors or Vendors is or should be considered as investment advice. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with, your decisions or your use of the Platform or the Services. Nothing contained in the Platform constitutes a solicitation, recommendation, endorsement, or offer by us or any third party to buy or sell any digital assets, securities, or other financial instruments.

You acknowledge that the Platform and/or the Services could have bugs or security vulnerabilities, and you hereby accept this risk. You hereby hold us harmless from any losses you suffer as a result of your use of the Platform and/or the Services.

The Platform may facilitate access to Services offered by or created by third parties (including but not limited to Vendors). We do not provide or control such Services and any use of such Services by you is at your own risk. We provide no guarantee as to the accuracy, completeness, legality or usefulness of such Services. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party Services.

Access to the Platform and Security

Access to the Platform is provided “as is” and on an “as available” basis only. From time to time access may be interrupted, suspended or restricted, including because of change in third parties, fault, error, unforeseen circumstances or planned maintenance. We reserve the right to limit availability to the Platform to any person, geographical area or jurisdiction and/or to terminate your access to the Platform at any time and in our sole discretion.

We may remove or amend content on the Platform at any time however we do not guarantee that the Platform (and/or any Services)will be free from errors or omissions. We shall not be liable for any loss or damage you may suffer as a result of the Platform (and/or any Services) being unavailable at any time for any reason.

You acknowledge and agree that the Platform is built on and operates on a decentralized basis on the NEAR protocol (the decentralized, sharded, developer-friendly, proof-of-stake, layer one blockchain network), and the “blockchain operating system” that is a common layer for browsing and interacting with the “open web” and compatible with any blockchain. You further acknowledge and agree that, as above, the Platform only facilitates access to Services and: (a) we do not provide and have no control over any Services (save as expressly indicated); and (b)  we do not operate and we have no control over any decentralized elements of the Platform or any associated smart contract or blockchain protocol (whether the NEAR protocol or otherwise).

We reserve the right to withdraw or amend any element of the Platform or Services within our control (or materials provided relating to the Platform) in our sole discretion without notice.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection or wallet group are aware of these Terms and comply with them.

To access the Platform you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on or through the Platform is correct, current, complete, and that you have authorisation to provide the same. You agree that all information you provide as part of any registration for the Platform, including but not limited to through the use of any interactive features on the Platform, is governed by thePrivacy Policy,and you acknowledge and agree that we and any service providers shall collect data and information necessary for the Services and consistent with thePrivacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of security procedures associated with the Platform, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is for your use only and agree not to provide any other person with access to the Platform using your user name, password, or other security information to any persons who have not agreed to comply with these Terms. As a Vendor you are solely responsible for providing access to authorized users only, when applicable. You agree to notify us immediately of any unauthorized access to or use of (a) your user name or password for the Platform, (b) any unauthorized access to or use of your username or password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier used in connection with any registration to use the Platform, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Your privacy is important to us. Please read our [Privacy Policy] for more information on the data, including but not limited to aggregated data that may be collected by us or third parties. There are risks associated with having access to the Platform and we cannot guarantee that unauthorized third parties will never obtain access to the data and use it for improper purposes. By accessing or using the Platform you acknowledge and agree that we cannot control data shared on a decentralized protocol and cannot be responsible for improperly accessed data or losses resulting from your use of the Platform.

To the extent you elect to provide personal data (or other sensitive data) in connection with any Services not provided by us, you do so at your own risk. Such Services may be subject to their own privacy policies (or equivalent terms) governing how personal data is processed and stored and it is your responsibility to review, understand and comply with those terms.

Prohibited activities

Your use of the Platform must be ethical, and conform to high moral standards. You are prohibited from using the Platform in a manner that is unethical or immoral, or that might be considered disreputable or offensive, including but not limited to:

  • Cyberattack. Activities that seek to interfere with or compromise the integrity, security or proper functioning of the Platform (and/or the Services);
  • Fraud and Misrepresentation. Activities or behaviors that seek to defraud us or any provider of Services (such as providing false, inaccurate or misleading information. List not exhaustive);
  • Sanctions. Activities for or on behalf of any other person who is located in a country or jurisdiction against which the US, UK, EU or other nations or international organizations maintain economic sanctions; and
  • Any other unlawful conduct.

Additionally you agree not to:

  • Use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with theContent Standards set out in these Terms.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • Impersonate or attempt to impersonateCompany, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform (and/or Services), or which, as determined by us, may harm Company or users of the Platform (and/or Services) or expose them to liability.
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform (and/or Services) or interfere with any other party’s use of the Platform (and/or Services), including their ability to engage in real time activities through the Platform (and/or Services).

User Contributions

For the purpose of this Section, the term ‘User’ refers to all users of the Platform including but not limited to Founders, Teams, Mentors and Vendors.The Platform may facilitate access to Services that allow you to upload, post, submit, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”). Any uploaded material, developments, updates, modifications, customizations, configurations, improvements or other contributions that you make shall be deemed a User Contribution.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution that you develop using code or materials made available on or through the Platform and any User Contribution that you via any Service accessible through the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution via a Service accessible through the Platform, you grant us and our third party service providers, and other users, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, create derivative works of, distribute, and otherwise disclose to third parties any such material for any purpose consistent with these Terms.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our third party service providers, and other users and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right (in each case to the extent we are able to do so) to:

  • Remove or block the posting of any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform (and/or Services) or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any actual or suspected illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Platform. YOU WAIVE AND HOLD HARMLESS COMPANY, ITS LICENSORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review any material available through the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we do not assume any liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We do not have any liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions made by you in connection with the Platform. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and the Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy set forth below for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers, to the extent such accounts are within our control.

If you believe that any content on the Platform violates your copyright, please send us a note using the contact information below.

Notwithstanding anything else to the contrary in these Terms or elsewhere, you acknowledge and agree that the Services operate on a decentralized and are not controlled by us (save where expressly indicated), and that, due to the immutable nature of the blockchain, we might not be able to remove content.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously and we will endeavor to respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible via the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform, by submitting written notification to us viahorizon@near.foundation with the following information:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under applicable law.

BLOCKCHAIN DISCLAIMER:

To the extent your claims of copyright infringement relate to any materials on the blockchain, given the decentralized, immutable nature of the blockchain, we cannot guarantee that we can remove such content. In such instances, if commercially feasible, we may attempt to add a note to the blockchain informing the public that the content is under review or considered infringing.

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of any information or materials available through the Platform (and/or the Services). Any reliance you place on such information is strictly at your own risk. We hereby disclaim all liability and responsibility arising from any reliance placed on such materials or information by you, or by anyone who may be informed of any of its contents.

To the extent that the Platform facilitates access to content available in connection with Services provided by third parties,, all statements, information and/or opinions expressed in those materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials accessible via the Platform (and/or the Services).

Third Party Terms

Additional terms and conditions may apply to certain Services, and it is your responsibility to carefully read, understand and comply with those Third Party Terms.

Geographic Restrictions

We make no claims that the Platform (and/or any Services) is or will be accessible or appropriate in any jurisdiction. Access to the Platform (and/or Services) may not be legal by certain persons or in certain countries.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that materials available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL OF SERVICE ATTACKS, DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE PLATFORM (AND/OR THE SERVICES) OR YOUR USE OF ANY ITEMS OBTAINED THROUGH THE PLATFORM (AND/OR SERVICES), OR TO YOUR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE PLATFORM (AND/OR SERVICES), OR ON ANY WEBSITES LINKED TO ANY OF THEM.

WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OPERATION, FUNCTION, ACCURACY, OR AVAILABILITY OF THE PLATFORM (AND/OR SERVICES). WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ANY PART OF THE PLATFORM (AND/OR SERVICES), ANY CONTENT THEREIN, OR ANY ITEMS OBTAINED THROUGH THE PLATFORM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM (AND/OR SERVICES) OR THE TECHNOLOGY THAT MAKES ANY OF THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM AND/OR THE SERVICES AND/OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE PLATFORM (AND/OR SERVICES).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, AND/OR ANY GOODS, SERVICES, ITEMS OR THIRD-PARTY CONTENT ASSOCIATED WITH THE FOREGOING, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU AGREE TO HOLD COMPANY AND ITS SERVICE PROVIDERS HARMLESS FROM AGAINST ANY LOSSES YOU MAY INCUR AS A CONSEQUENCE OF USING THE PLATFORM (AND/OR SERVICES). THESE POTENTIAL LOSSES INCLUDE ANY LOSSES FOR FAILED TRANSACTIONS OR SMART CONTRACT BUGS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms or your use of the Platform (and/or Services), including, but not limited to, your User Contributions and your use of any information obtained from the Platform (and/or Services).

Intellectual Property Rights

The Platform and their entire contents, features, and functionality (including but not limited to all information, code, functionality, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), may be protected byUnited States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to access and use the Platform, and the materials available through the same, for your personal, non-commercial use only.

No right, title, or interest in or to the Platform or any content available on it is transferred to you, and all rights not expressly granted are reserved by us, or the applicable third-party owner or licensor. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

Company’s name, the terms NEAR, NEAR Horizon, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform (and/or Services) are the trademarks of their respective owners.

Changes to these Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to the Platform and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of theCayman Islands.

Any legal suit, action, or proceeding arising out of, or related to, Platform and these Terms shall be instituted exclusively in the courts of the Cayman Islands, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms (including any terms expressly referred to herein, to the extent governing the relationship between you and Discovery Domain Ltd) and thePrivacy Policy constitute the sole and entire agreement between you andDiscovery Domain Ltd regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

All feedback, comments, questions, and other communications relating to these Terms should be directed to:horizon@near.foundation