Terms of Use for HeyAni

HeyAni is the first AI VC agent trained by Animoca Brands' investment insights where everyone can submit business plans or any token enquiries to receive real-time summaries. These Terms are entered into by and between you and Animoca Global Limited ("Animoca," "Company," "we," "our" and/or "us"). These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of the Service. By accessing or using the Service, you agree to be bound by these Terms. Continued use of the Service constitutes your acceptance of these Terms and any updates or acceptance of these Terms and any updates or modifications thereto.

1. The Service is only available to eligible users in accordance with these terms, including but not limited to users in certain jurisdictions who can use the Service as permitted under Applicable Laws (as defined below) and users who are at least 18 years of age. You may not attempt to access or use the Service if you are not permitted to do so. THE SERVICE 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 SERVICE. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
2. We reserve the right, at any time, in our sole discretion, to block access to the Service 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 Service at any time in connection with any transaction as required by Applicable Laws, 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 believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the restrictions as may be applicable to the Service from time to time (including, but not limited to, geographical restrictions). We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Service being inaccessible to you at any time or for any reason. Such suspension or termination shall not be constituted a breach of these Terms by us. In accordance with our anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose limitations and controls on the ability of you to use the Service. Such limitations may include rejecting testing requests or otherwise restricting you from using the Service, all to the extent of our ability to do so.

1. User of the Service. As a condition to accessing or using the Service, you represent and warrant to us the following: (i) if you are entering into these Terms 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 as an entity, then you must have the legal authority to accept the legal authority to accept these Terms 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 Afghanistan, Algeria, Angola, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Central African Republic, Colombia, Congo, Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Ecuador, Guinea-Buissau, Iran, Iraq, Lebanon, Liberia, Libya, Mali, Morocco, Mozambique, Myanmar, Nepal, Nicaragua, Nigeria, North Korea, Regions of Ukraine (Crimea, Donetsk, Luhansk & any other non-government-controlled regions), Rwanda, Somalia, South Sudan, Sudan, Syria, United Kingdom, Venezuela, Yemen, Zimbabwe or any other jurisdiction that we may specify from time to time (collectively, "Restricted Territories"); (iii) you are not on any sanctions list or equivalent maintained by the European Union, Hong Kong, United Nations, United Kingdom, United States, or such other jurisdictions as we may from time to time designate (collectively, "Sanctions Lists Persons") and you do not intend to transact with any Restricted Person or Sanctions Lists 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 Service; (v) you have obtained all required consents from any individual whose personal information you transfer to us in connection with your use of the Service; (vi) you will only use the Service for educational or informational purposes, and under no circumstances will you rely on any content made available by the Service; (vii) you acknowledge that no part of the Service is personalized based on any individual circumstances (including individual circumstances relating to a third party) and that all information or content made available by the Service is provided on a general basis only; (viii) you will not upload any information based on any of your individual circumstances and that any technology or algorithms underpinning the Service are incapable of processing any individual circumstances (including individual circumstances relating to a third party); and (ix) your access to the Service 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 us, you or the Service, 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 Service. You acknowledge, understand, and agree to the following: (i) from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that we or any of our suppliers or contractors may undertake from time to time; (c) causes beyond our control or that we could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers
3. Accurate Information. You agree to provide accurate, complete, and up-to-date information when using the Service. You are solely responsible for the information you upload or submit using the Service. You further acknowledge that the provision of the Service depends on the accuracy and completeness of User Content (as defined in clause 4.iv. below). Your submission of any inaccurate, incomplete or outdated User Content may affect the accuracy and/or quality of the Service. We assume no duty or responsibility for any adverse changes to the accuracy and/or quality
4. Prohibited Activities. You agree not to use the Service for any illegal, fraudulent, immoral, unauthorized or harmful purposes, including but not limited to the following: (i) submitting false, misleading, or incomplete information; (ii) reverse engineering, copying, or exploiting any of our proprietary technology relating to the Service; (iii) attempting to gain unauthorized access to our or the Service’s systems or data; (iv) using the Service to harm others or violate Applicable Laws, including but not limited to money laundering, terrorist financing or deliberately engaging in activities intended to adversely affect the performance of the Service; (v) reproduce, copy, transmit, distribute, display, or otherwise use any materials or contents made available by the Service without prior written consent from us or the relevant intellectual property right owner; (vi) attempt to exploit vulnerability of any system or network or breach any security or authentication measures implemented by us; (vii) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means, program or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service functionality, or to incorporate the Service into any other program, website or application; (viii) use the Service in connection with any financial services subject to registration or licensing pursuant to Applicable Laws, including but not limited to, advising on or dealing in virtual assets, securities, commodities, options, or debt instruments; or (ix) or otherwise engaging in any illegal, fraudulent, immoral, unauthorized, or improper activities
5. Compliance with Laws. You agree to use the Service in compliance with all Applicable Laws and these Terms.

1. Ownership. We retain all intellectual property rights in the Service, including but not limited to algorithms, models, outputs, and content. You may not claim ownership of the Service's content, outputs or otherwise use the Service for commercial purposes without our prior written consent.
2. Trademarks. “HeyAni”, “Animoca Brands” 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 Site or displayed as part of the Service are the trademarks of their respective owners. You do not acquire any of our ownership rights by using the Service, downloading material from or uploading material using the Service.
3. User License. We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose in accordance with these Terms. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Service or any content made available by the Service in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses.
4. User Content. By submitting data or content using the Service (“User Content”), you acknowledge that all User Content is not subject to any confidentiality obligations on any person, and that we have the right to store or use any User Content for any purpose that we may determine in our sole discretion. You further grant us a worldwide, royalty-free license to store, use, reproduce, publicly display, and analyze such submitted data or content for the purpose of providing and improving the Service. You should only upload or submit date or content using the Service (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above. You represent and warrant that: (1) you own any data or content uploaded or submitted using the Service or otherwise have the right to grant the licenses set forth in these Terms and (2) any such data or content does not violate the privacy rights, publicity rights, copyright rights, or other proprietary rights or intellectual property rights of any person.

1. Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your data.
2. You are solely responsible for ensuring that any data you upload or submit using the Service complies with Applicable laws and does not infringe third-party rights.
3. You acknowledge that the submission of User Content involves inherent risks, including but not limited to interception, unauthorized access or exfiltration by third parties, and data loss, corruption, or alteration. We do not guarantee the absolute security of User Content and disclaim any warranties (express or implied) regarding immunity from breaches or unauthorised access.

We reserve the right to suspend or terminate your access to the Service for violations of these Terms or any other reason at our sole discretion.

The Service may integrate third-party services or provide links to external websites which are not controlled by us or our affiliates. Such links are provided for informational purposes and as a convenience to you only. We are not responsible for the content, accuracy, or reliability of third-party services or websites. HeyAni does not recommend, approve, sponsor, endorse or guarantee the success of any third-party service, project, or investment, whether or not such third-party service, project, or investment is related to third-party services or links integrated within the Service. You should review any applicable terms and conditions before engaging with any third-party services or links to external websites.

1. All matters relating to the Service 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 laws of Hong Kong without giving effect to any choice or conflict of law provision or rule.
2. Any dispute, controversy, or claim arising out of or relating to these Terms, or the interpretation, breach, termination, validity, or invalidity thereof, shall be referred to and finally resolved by arbitration in Hong Kong by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the HKIAC Administered Arbitration Rules in force at the time when the notice of arbitration is submitted. The law of this arbitration clause shall be construed and enforced in accordance with Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of the arbitrator shall be one (1). The arbitral proceedings shall be conducted in English, and the arbitral award shall be final and binding on the parties to such proceedings. It is agreed that neither Animoca nor you shall seek any third party funding in respect of any arbitration commenced pursuant to this clause.

1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service 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 SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL MADE AVAILABLE BY THE SERVICE, OR ON ANY WEBSITES LINKED TO IT. YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE 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 SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
2. 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 LAWS.
3. Please refer to these disclaimers which you are deemed to have accepted by using the Service.

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 SERVICE, ANY WEBSITES LINKED TO THE SERVICE, ANY CONTENT MADE AVAILABLE AS PART OF THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, 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 LAWS WHICH MAY INCLUDE FRAUD.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, 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 or your use of the Service, including, but not limited to, any use of content made available by the Service, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

No waiver by us of any term or condition outlined 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.

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

We may update these Terms periodically. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.

Please address questions, comments, and requests regarding these Terms or the Service to:

Animoca Global Limited
c/o 28/F Landmark South, 39 Yip Kan St, Wong Chuk Hang, Hong Kong
Attention: HeyAni Team

By using the Service, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must discontinue the use of the Service and access of any related content.

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce any term of these Terms. The foregoing sentence does not affect any right or remedy of a third party which exists or is available apart from such ordinance.