Terms of Use for HeyAni

HeyAni is the first AI VC agent trained by Animoca Brands investment insights. These terms of use are entered into by and between you and Animoca Brands Corporation Limited ("Animoca," "Company," "we," "our" and/or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website published by Animoca, including, but not limited to, any content, functionality, and services offered on or through the HeyAni Websites (the "Websites"). By accessing or using the Websites, you agree to be bound by these Terms of Use ("Terms"). Continued use of the HeyAni Websites constitutes your acceptance of these Terms and any updates or modifications.

1. The Websites are only available to users in certain jurisdictions who can use the Websites as permitted under Applicable Law (as defined below). Without limitation, you must be at least 18 years of age to use the Websites. You may not attempt to access or use the Websites if you are not permitted to do so. OUR WEBSITES IS NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A "RESTRICTED PERSON"). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE WEBSITES. USE OF A VIRTUAL PRIVATE NETWORK ("VPN&quote;) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
2. In order to protect the integrity of the Websites, we reserve the right, at any time, in our sole discretion, to block access to the Websites from certain IP addresses and unique device identifiers.
3. In addition to the other suspension and termination rights in these terms, we may suspend or terminate your access to the Websites at any time in connection with any transaction as required by Applicable Law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating the terms of any third-party service provider or these terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the geographical restrictions that apply to the Websites, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Websites being inaccessible to you at any time or for any reason. Such suspension or termination shall not be constituted a breach of these Terms of Use by HeyAni. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose limitations and controls on the ability of you or any beneficiary to utilize the Websites. Such limitations may include rejecting testing requests or otherwise restricting you from using the Websites, all to the extent of our ability to do so.

1. User of the Websites. As a condition to accessing or using the Websites, you represent and warrant to HeyAni the following: (i) if you are entering into these Terms of Use as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them and if you are entering into these Terms of Use as an entity, then you must have the legal authority to accept these Terms of Use on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity; (ii) you are not a resident, national, or agent of Algeria, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Cote D'Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Mali, Morocco, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe or any other country to which the United States embargoes goods or imposes similar sanctions (collectively, "Restricted Territories"); (iii) you are not on any sanctions list or equivalent maintained by the United States government (collectively, "Sanctions Lists Persons") and you do not intend to transact with any Restricted Person or Sanctions List Person; (iv) you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Websites; (v) you represent and warrant to us that you have obtained all required consents from any individual whose personal information you transfer to us in connection with your use of the Websites; and (vi) your access to the Websites is not: (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Hey Ani, you or the Websites, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, "Applicable Laws"); or (b) contribute to or facilitate any illegal activity.
2. Use of the Websites: You acknowledge, understand, and agree to the following: (i) from time to time the Websites may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that HeyAni or any of its suppliers or contractors may undertake from time to time; (c) causes beyond HeyAni's control or that HeyAni could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason; (ii) the Websites may evolve, which means HeyAni may apply changes, replace, or discontinue (temporarily or permanently) the Websites at any time in its sole discretion; (iii) HeyAni does not act as an agent for you or any other user of the Websites; (iv) you are solely responsible for your use of the Websites; and (v) we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities.
3. Accurate Information: You agree to provide accurate, complete, and up-to-date information when using HeyAni. You are solely responsible for the information you submit to the Websites.
4. Prohibited Activities: You agree not to use HeyAni for any illegal, fraudulent, or harmful purposes, including but not limited to the following: Submitting false, misleading, or incomplete information; Reverse engineering, copying, or exploiting HeyAni's technology; Attempting to gain unauthorized access to HeyAni's systems or data; Using HeyAni to harm others or violate applicable laws.
5. Compliance with Laws: You agree to use HeyAni in compliance with all applicable laws, regulations, and these Terms.

1. Ownership: HeyAni retains all intellectual property rights in the Websites, including but not limited to algorithms, models, outputs, and content. You may not claim ownership of HeyAni's outputs or use them for commercial purposes without prior written consent.
2. Trademarks: The name, the terms HeyAni and all related names, logos, product and service names, designs, and slogans are trademarks of Animoca or its affiliates. You must not use such marks without the prior written permission of Animoca. All other names, logos, product and service names, designs, and slogans on this Websites are the trademarks of their respective owners.
3. User License: HeyAni grants you a limited, non-exclusive, non-transferable license to use the Websites for its intended purpose.
4. User Content: By submitting data or content to HeyAni, you grant HeyAni a worldwide, royalty-free license to use, reproduce, and analyze such data for the purpose of providing and improving its services.

1. Your use of HeyAni is subject to our Privacy Policy, which explains how we collect, use, and protect your data.
2. You are responsible for ensuring that any data you submit to HeyAni complies with applicable laws and does not infringe third-party rights.
3. HeyAni implements robust security measures to protect your data, but no system is completely secure. We cannot guarantee absolute security.

1. HeyAni reserves the right to suspend or terminate your access to the Websites for violations of these Terms or any other reason at its sole discretion.
2. You may stop using HeyAni at any time.
3. Upon termination, your right to use HeyAni will immediately cease, and any data or content you submitted may be retained or deleted per our Privacy Policy.

HeyAni may integrate third-party services or provide links to external websites. HeyAni is not responsible for the content, accuracy, or reliability of third-party services or websites. HeyAni does not endorse or guarantee the success of any third-party service, project, or investment.

All matters relating to the Websites and these Terms of Use 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 laws of Hong Kong without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in Hong Kong although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use 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.

1. AI-Generated Nature of Advice:
   • HeyAni's advice, ratings, and outputs are generated by artificial intelligence and may contain errors, inaccuracies, or omissions.
   • HeyAni does not guarantee the accuracy, completeness, or reliability of its outputs.
   • HeyAni's outputs are for informational purposes only and do not constitute financial, legal, or professional advice.
   • You are solely responsible for your decisions and actions based on HeyAni's outputs.
   • HeyAni shall not be liable for any losses, damages, or disputes arising from the use of its services, including but not limited to financial losses, missed opportunities, or reputational harm.
2. Third-Party Data and Tools:
   • HeyAni may rely on third-party data, tools, or algorithms to generate its outputs. HeyAni does not guarantee the accuracy or reliability of such third-party data or tools.
3. Continuous Improvement:
   • HeyAni is continuously improving its algorithms and models. As a result, outputs may vary over time, and past performance is not indicative of future results.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites 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 our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR CRYPTO ASSETS, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS 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.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR 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 WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its 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) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Websites' content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

No waiver by HeyAni of any term or condition outlined in these Terms of Use 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 HeyAni to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 of Use will continue in full force and effect.

The Terms of Use, our Privacy Policy, and other terms of conditions of ours constitute the sole and entire agreement between you and HeyAni with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Websites.

HeyAni may update these Terms periodically. We will notify you of significant changes through the Websites or via email. Your continued use of HeyAni after the effective date of the updated Terms constitutes acceptance of the changes.

Please address questions, comments, and requests regarding this Terms of Use to compliance@animocabrands.com.

28/F Landmark South, 39 Yip Kan St, Wong Chuk Hang, Hong Kong
Unit B2, 1st Floor, Surrey Wing, 180 Strand London WC2R 1EA U.K.

By using HeyAni, you acknowledge that you have read, understood, and agreed to these Terms of Use. If you do not agree, you must discontinue the use of the Websites and their related services.