Circuit Node Terms and Conditions
Circuit Node Terms and Conditions
Last updated: December 1st, 2024
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These Circuit Node Terms and Conditions (these “Terms” or this “Agreement”) are a contract between you and 1Kin Laboratories (“GR1D,” “we,” “our,” or “us”) governing your access to or use of the GR1D network node software (“Circuit Node Software”), transactions or interactions involving the non-fungible token used by the Circuit Node Software (“Circuit Node Chip”), and such other services that may be offered by GR1D from time to time (collectively, the “Circuit Node Services”).
By transacting or interacting with the Circuit Node Services or, if earlier, clicking on an “I Agree” button or check box presented with these Terms, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you are not permitted to transact or interact with the Circuit Node Services.
THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY.
Eligibility and Verification
Eligibility
In connection with your interaction or transaction involving the Circuit Node Services, you represent and warrant that you are at least 18 years old and capable of forming a binding contract with us in your respective jurisdiction. Also, if you transact or interact with the Circuit Node Services on behalf of an organization, you represent and warrant to us that you are authorized to agree to these Terms on the organization’s behalf and have the power to bind the organization to these Terms.
You further represent and warrant that you are not, nor will you act on behalf of, any natural person or individual, or association, partnership, corporation, company, or organization directly or indirectly owned or controlled by a person, group, or organization:located in a jurisdiction that is comprehensively sanctioned or embargoed by the United States, the United Nations, the United Kingdom, or, which, as of the “last updated” date of these Terms includes: Cuba, certain sanctioned areas of Russia and Ukraine (including without limitation, Crimea, the so-called region of Donetsk, the so-called region of Luhansk, and the so-called region of Zaporizhzhia), Democratic People’s Republic of Korea (North Korea), Iran, and Syria;
a citizen, resident, located, or organized in a jurisdiction where your transaction or interaction with the Circuit Node Services would be illegal or violate applicable law; or
subject to any export restriction, end-user restriction, anti-terrorism law, anti-money laundering law, economic sanction, financial sanction, or trade embargo imposed, administered, or enforced by the United States Department of Treasury’s Office of Foreign Asset Control Designated Nationals and Blocked Persons List, United States Department of State, United States Department of Commerce, United Nations Security Council, or any other applicable national, regional, provincial, state, municipal, or local law or regulation, each, as amended from time to time.
Verification
You may be required to provide us with certain information and documentation directly or through a third party. You represent and warrant that any information or documentation you provide, whether as part of the Circuit Node Services or otherwise, is complete and accurate. We may employ various measures to comply with our anti-money laundering obligations, prevent the misuse of the Circuit Node Services, or for any other legitimate business reason. The measures we may take include without limitation, verification and screening procedures that compare information provided to us against sanctions lists administered and enforced by a governmental authority. You hereby authorize us, directly or through a third party, to make inquires that we consider necessary to verify your identity, protect against the misuse of the Circuit Node Services, or any other legitimate business reason. We will have no liability or responsibility for any permanent or temporary inability that you have in connection with your interaction with the Circuit Node Services as a result of the foregoing measures.
Circuit Node Sale Interface
The website hosted user interface located at gr1d.network/nodes (the “Interface”) provides the web or mobile-based means to access a site to purchase the Circuit Node Chips. The Interface also provides access to an application that runs on a blockchain network of computers (“Protocol”). The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol itself is comprised of open-source or source-available self-executing smart contracts.
We expressly reserve the right to consult, involve, and/or engage one or more third parties to facilitate the programming, hosting, and processing of the Circuit Node Chip transactions. You acknowledge and agree that we do not control the Protocol and do not have control over the Protocol’s transactions. We do not warrant the accuracy, completeness, or usefulness of information or materials that we or a third party present on or through the Interface and such information or material is made available solely for general information and/or educational purposes. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you, any other user or person who may be informed of the Interface contents, and by the actions or omissions of others interacting with the Interface.Digital Asset Wallets
In General
To use certain functions of the Circuit Node Services you must connect a compatible software application (or other mechanism) (“Digital Asset Wallet”). Your relationship with the provider of any Digital Asset Wallet you use in connection with the Circuit Node Services is governed by the terms and provisions of that provider’s agreement with you. By connecting your Digital Asset Wallet to the Interface, you agree to be bound by this Agreement. Further, we reserve the right, in our sole discretion, to prohibit certain Digital Asset Wallet addresses from connecting to the Interface or from accessing, using, or otherwise interacting with the Circuit Node Services.Non-Custodial
The Circuit Node Services are non-custodial applications; we do not, at any time, custody, possess, or control the tokens (“Digital Assets”) in your Digital Asset Wallet. As the owner of the Digital Assets in your Digital Asset Wallet, you acknowledge and agree that you bear all risk of loss regarding such Digital Assets. You further agree that you will not hold GR1D liable for Digital Asset fluctuations or other loss associated with your use of your Digital Asset Wallet.Security
You are solely responsible for the custody of the cryptographic private keys associated with any Digital Asset Wallet you use or connect to the Circuit Node Services. You should never share your Digital Asset Wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a Digital Asset Wallet. We make no representations or warranties regarding how any of the Circuit Node Services will interact or operate with any specific Digital Asset Wallet.
Network Rewards
The Circuit Node Chip is required to be purchased in order to use the Circuit Node Software to generate rewards (“Network Rewards”). Details regarding the criteria for earning Network Rewards can be found within the applicable service or official GR1D documentation. GR1D reserves the right to change, modify, discontinue, or cancel any Network Reward at any time and without notice to you. You understand and agree that GR1D does not guarantee that you will receive any Network Reward. Any information regarding the potential amount of a Network Reward set out in the Circuit Node Services is an estimate only. GR1D expressly disclaims all representations and warranties regarding any and all Network Rewards, including, without limitation any: (i) stated percentage of a Network Reward that will be received; (ii) Network Reward will occur on a continuous basis; (iii) Network Rewards will be on an uninterrupted basis or error-free basis; and (iv) any particular Digital Asset will be available in connection with a Network Reward. Any Network Reward that we make available from time to time is subject to these Terms and any other applicable term or provision regarding such Network Reward. Some or all of your Network Rewards may be programmatically destroyed as a penalty imposed by the GR1D network (“Slashing Penalty”). GR1D is not responsible or liable for any Network Reward or Slashing Penalty that results from your access or use of the Circuit Node Services.Risk Disclosures
You understand, accept, and agree to assume all of the various risks involved in interacting or transacting with the Circuit Node Services, including all of the risks set forth below.
Digital Assets, the features, functions, characteristics, operations, use, and other properties and/or software, networks, protocols, systems, or other technology that Digital Assets interact with is complex; and Digital Asset terms, features, or risks may not be readily or fully understood due to such complexities.
Digital Assets will be irretrievably lost if sent to the wrong address. For instance, if the cryptographic address is improperly formatted, contains an error, or for a type of Digital Asset then is not supported by the underlying blockchain.
Circuit Node Chips may have no value. You may lose all amounts paid. You have carefully reviewed, acknowledge, understand, and assume all risks associated with the Circuit Node Services, which specifically includes the Circuit Node Chips.
Digital Assets may be subject to forks or attacks on the security, integrity, and/or operation of the networks, including any network events. These events may affect features, functionality, operations, use, or properties of any Digital Asset or network and/or the value of any Digital Asset.
Any Digital Asset and/or the Circuit Node Services may be targeted by malicious persons or individuals who may attempt to disrupt the Circuit Node Services or steal Digital Assets. This includes but is not limited to malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority mining, mining attacks, distributed denial of service, and blockchain forks.
The public nature of the Internet means that parts or the Internet may be unreliable or unavailable at any given time. Interruption, delay, corruption, loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the Internet or other technology. This can result in your transaction(s) not being executed according to your instructions at the requested time or not at all. No technology is completely secure or safe.
Digital Assets may decrease in value or lose all value, in a short period of time or permanently, due to various factors including, without limitation, government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, price distortion, insider dealing, market distortion, malicious wrongdoing or behaviors, changes to the Digital Asset’s nature or characteristics, suspension, or cessation of support for a Digital Asset by exchanges, public opinion, technical advancements, macroeconomic and political factors, and other factors outside of our control
Digital Assets held by a decentralized application like the Protocol or Digital Asset Wallets are not protected deposits and/or may not be protected by any deposit protection scheme. Thus, Digital Assets have a reduced level and type of protection compared to fiat and other asset classes or types.
The creation of the Protocol may be abandoned for reasons including without limitation, lack of interest, funding, incapacitation of key developers or project members, lack of commercial success or prospects, or Force Majeure Event (defined below). You understand that there are no assurances, even if the project and/or the Protocol was partially or fully developed and launched, that there is any benefit to participating in the Circuit Node Services.
The Circuit Node Services may undergo significant changes over time. We may also limit control over how other participants use the Circuit Node Services. This could create the risk of the Circuit Node Services not meeting your expectations, for any number of reasons, including mistaken assumptions or analysis, a change in the design and/or implementation plans, and execution on or through the Circuit Node Services.
We currently rely on our service providers for certain aspects of our operations including: cloud computing services and data centers that provide facilities, infrastructure, website functionality and access, components, and services, all of which are critical to our operations. Like most other online companies, because we rely on service providers, we face operational risk. Any interruption in the services provided by our service providers can impair our ability to provide the Circuit Node Services.
We do not directly manage the operation of the service providers we use including their data center facilities. Such third parties are vulnerable to financial, legal, regulatory, and labor issues, cybersecurity incidents, break-ins, computer viruses, denial-of-service attacks, sabotage, acts of vandalism, privacy breaches, service terminations, disruptions, interruptions, Force Majeure Events (defined below), and other events.
You acknowledge and understand that you may be subject to scams and/or other types of fraud perpetrated by parties outside of our control. It is your responsibility to be aware of and protect against such misconduct. In the event that you are subject to such fraud, there is a risk of loss of your Digital Assets.
All blockchain transactions include data and, in some circumstances, personal data about you. Many blockchain technologies store transaction data publicly and permanently. When you use such public blockchain technology, you intentionally make your transaction data public and acknowledge that this data cannot be deleted, removed, or reversed due to the nature of blockchain technology.
We are subject to an extensive and rapidly evolving regulatory landscape, and any changes to any law or regulation could adversely impact our ability to offer the Circuit Node Services and/or your use or access to the Circuit Node Services. Such regulatory change may also impact your legal obligations with respect to the Circuit Node Services.
You understand that smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk of selecting your slippage rate which expose you to additional cost or fees by the underlying blockchain network.
You understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge.
Acknowledgements and Covenants
By interacting or transacting with the Circuit Node Services, you acknowledge, represent, and warrant, in each case as applicable, each of the items contained in this section, without limiting any other term or provision of these Terms.
Acknowledgement and Assumption of Risks
You represent and warrant that you have received a copy of, have carefully read, understand, accept, and agree to assume all of the risks involved in using, holding, trading, delivering, purchasing transacting, and/or transferring Digital Assets, the Circuit Node Chip, and use of the Services, including without limitation, the risks specifically set forth in Section 5 of these Terms. You agree that GR1D shall not be liable to you for any loss, damage, expense, or liability that are or may relate to any of the risks specifically set forth in this Agreement. You represent and warrant that you are able to bear any financial or other loss associated with, or that may otherwise relate to, any interaction or transaction with the Circuit Node Services.Non-Reliance
You represent that you are not relying on (and will not at any time rely on) any communication (written or oral) of GR1D as advice or as a recommendation to engage in any transaction involving the Circuit Node Services. Further, you confirm that GR1D has not: (a) given any guarantee or representation as to the potential success, return, effect, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of transacting in Digital Assets and/or the Circuit Node Chip; or (b) made any representation to you regarding the legality of transacting in Digital Assets or the Circuit Node Chip under any applicable law. In deciding to use the Circuit Node Services, you are not relying on the advice or recommendations of GR1D, and you have made your own independent decision that using the Circuit Node Services is suitable and appropriate for you.
You further acknowledge and agree that we do not provide investment advice, and any content on the Circuit Node Services or other communication channel should not be considered as tailored investment advice. You must seek professional advice regarding your particular financial, legal, technical, and other conditions prior to commencing your use of the Circuit Node Services. You represent and warrant that you fully understand all risks associated with using the Circuit Node Services and you have the necessary experience, understanding, and risk tolerance for using the Circuit Node Services including the necessary experience and knowledge to enter into any relevant transaction through the Circuit Node Services. You will carefully consider and use clear judgment to evaluate your financial situation and risks before making any decisions to use the Circuit Node Services. You accept the risk of using the Circuit Node Services and are responsible for conducting your own independent analysis of the risks specific to your use of the Circuit Node Services.
Prohibited Use
You may not use the Circuit Node Services to engage in the following categories of activity (each a “Prohibited Use”). The specific types of activities listed below are representative, but not exhaustive.
Unlawful Activity. Activity which, in any way, would violate, or assist in violation of, any law, statue, ordinance, or regulation, sanctions programs administered in the countries where GR1D offers the Circuit Node Services, or which would involve proceeds of any unlawful activity; publish, distribute, or disseminate any unlawful material or information.
Abusive of Others. Interfere with another individual’s access to or use of the Circuit Node Services including but not limited to exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights of others; ask for personally identifiable information, or otherwise; transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; to impersonate or attempt to impersonate GR1D, an employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities); engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Circuit Node Services; incite, threaten, encourage, or promote hate, racial intolerance, or violent acts against others.
Fraud. Activity which operates to deceive or defraud, or attempt to deceive or defraud, GR1D, any users or any other person, including without limitation providing any false, inaccurate, or misleading information whether directly through the Circuit Node Services or through an external means that affects the Circuit Node Services with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Circuit Node Services.
Gambling. Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
Abusive Activity. To cause the Circuit Node Services, the Circuit Node Services underlying blockchain network(s) or technologies, or any other functionality with which the Circuit Node Services interact, to work other than as intended; damage the reputation of GR1D, or impair any of our legal rights or interests; engage in any activity or behavior that violates any applicable laws concerning, or otherwise damages, the integrity of the Circuit Node Services or any other service or software which relies on the Circuit Node Services; use the Circuit Node Services in any manner that could disable, overburden, damage, impair, or interfere with the Circuit Node Services, including the ability to engage in real time activities through the Circuit Node Services; use any robot, spider, or other automatic device, process, or means to access the Circuit Node Services for any purpose, including monitoring or copying any of the material on the Circuit Node Services; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Circuit Node Services, the server on which the Circuit Node Services or information in connection with the Circuit Node Services is stored, or any server, computer, or database connected to the Circuit Node Services, including any underlying blockchain.
Intellectual Property Infringement. 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 law or regulation or that otherwise may be in conflict with these Terms; engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, software, or other licensed materials without the appropriate authorization from the rights holder; use of GR1D intellectual property, name, or logo, including use of any GR1D trade or service mark, without express consent of GR1D or in a manner that otherwise harms GR1D or the GR1D brand; any action that implies an untrue endorsement by or affiliation with GR1D.
You agree and represent that you will not engage in any Prohibited Use, in connection with the Circuit Node Services. You further represent and warrant that you: (a) will abide by any and all applicable laws of the jurisdiction where you are located; (b) all local, national, and international practices regarding Internet use; (c) and all network agreements, rules, and procedures related to or in connection with the Circuit Node Services; (d) your use of the Circuit Node Services including Digital Asset transactions will be in compliance with applicable law and regulation in your jurisdiction; (e) you have obtained sufficient information about the Circuit Node Services, Digital Assets, and other services or products in connection with the Circuit Node Services to make an informed decisions in regard to your use of the Circuit Node Services including purchase of the Circuit Node Chip; (f) you will bear the full responsibility for any and all activities that occurs in connection with your use or access to the Circuit Node Services including without limitation transactions of Digital Assets, any Circuit Node Chip purchase, interacting with the Circuit Node Services, disclosing, or publishing information, clicking to agree with various agreements, and uploading and submitting various documents or information; and (g) you are the legal and rightful owner of the Digital Assets in the Digital Asset Wallet, and Digital Assets you use on the Circuit Node Services.
Changes, Suspension, and Termination
GR1D may, at its discretion and without liability to you, with or without prior notice and at any time, modify, discontinue, temporarily, or permanently, all or any portion of the Circuit Node Services. You acknowledge that our decision to take certain actions including limiting, suspending, or terminating your access to the Circuit Node Services. Our decision may be based on our confidential criteria that are essential to our risk management and security of our business and/or the Circuit Node Services. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you. GR1D will not be liable for any losses suffered by you resulting from any modification of the Circuit Node Services or from any suspension or termination of your access to all or a portion of the Circuit Node Services. You acknowledge that Digital Asset values may fluctuate during any period during which the Services have been suspended and agree that GR1D will have no liability for any such fluctuations.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Circuit Node Services. You waive and hold harmless GR1D and its affiliates, licensees, and service providers from any claims resulting from any action taken by GR1D and/or any of the foregoing parties during, or taken as a consequence of, investigations by us, such parties, or law enforcement authorities.
Relationship of the Parties
GR1D is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in your use of the Circuit Node Services. GR1D does not provide investment, tax, or legal advice, and you are solely responsible for any transaction, investment, strategy, decision, or other act that you make in connection with the Circuit Node Services. GR1D may provide educational material or information through the Circuit Node Services, social media account, or other channel of communication. No communication or information provided to you by GR1D is intended as, or shall be considered or construed as, advice. To the fullest extent permissible by law, you agree that your access or use of the Circuit Node Services does not cause GR1D or any user to owe fiduciary duties or liabilities to you or any third party. You further acknowledge and agree that to the fullest extent permitted by law, if any duties or liabilities that are afforded by law or by equity, GR1D hereby irrevocably disclaimed, waived, and eliminated such duty or liability, and shall be held completely harmless in relation thereof.
Circuit Node Chip Functionality and Transferability
Functionality
You understand and agree that GR1D remains free to change the functionality of the Circuit Node Services including the Circuit Node Chip, prior to the deployment of the Circuit Node Chip smart contract on the GR1D network. Further you understand and agree that GR1D reserves the right to further change or adapt the Circuit Node Chip due economic, regulatory, and/or its legitimate business operation considerations. You further understand and agree that the Circuit Node Chip does not represent or constitute any ownership rights, shares or other equity rights, securities, financial instruments or equivalent rights or any rights to receive future revenues, or any other form of participation or governance rights in or relating to the Circuit Node Services, and other products or services offered by GR1D, GR1D or any affiliate
Transferability
You understand and agree that any Circuit Node Chip transferred to you is non-transferable and cannot be transferred to anyone, unless notified otherwise in writing by GR1D. Once delivered to you, the Circuit Node Chip will only be accessible via the public wallet address to which you provided to GR1D. You may not trade, sell, donate, or pledge the Circuit Node Chip to anyone, and may not transfer or assign the control over the public wallet address to which the Circuit Node Chip was received.
Charges and Fees
We may, in our sole discretion and at any time, set or modify the Circuit Node Service fees. Network Rewards may be subject to redemption penalty fees. Except when required by law, fees are non-refundable. Blockchain transactions require the payment of transaction fees to the appropriate network’s nodes, miners, validators, or operators ("Blockchain Fees"). You will be solely responsible to pay the Blockchain Fees for any transaction that you initiate via the Services. Blockchain Fees are neither levied directly by GR1D nor paid to or shared with GR1D in any way, but rather are determined by your use of the Circuit Node Services and the rules placed by corresponding blockchain communities at large. You acknowledge and agree that GR1D has no control over Blockchain Fees (including without limitation their applicability, payment, amounts, transmission, intended operation, and effectiveness) whether related to your use of the Circuit Node Services or otherwise, and in no event will GR1D be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.
Intellectual Property Right
GR1D Materials
The Services and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, and the “look and feel” of the Circuit Node Services, except any open source software, are owned by GR1D (“GR1D Materials”), its licensors, or other providers of such material and are protected by applicable and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limitations on Use
In connection with your use of the Services, you may use the GR1D Materials solely as authorized by us for as long as we permit you to continue accessing the Services. Without limiting the foregoing, you agree not to: (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services, GR1D Materials, or use the Circuit Node Services or GR1D Materials in any service bureau environment; (b) modify or create derivative works of the Circuit Node Services or GR1D Materials, or any portion thereof, or any data or information received by you in connection therewith; (c) frame, display, or incorporate the Circuit Node Services or GR1D Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer, or attempt to discover the source code of the Circuit Node Services or GR1D Materials; (e) use the Circuit Node Services or GR1D Materials to design, develop, or create any competing product or service; or (f) otherwise use the Circuit Node Services or GR1D Materials for any commercial or noncommercial purpose other than their intended purposes determined at GR1D discretion.
Rights We Grant You
We hereby permit you to use and access the Services, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Circuit Node Services, we hereby grant you a non-sublicensable, non-transferable, and non-exclusive right and license to execute, access, and display such software, content, and materials provided to you as part of the Circuit Node Services, in each case for the sole purpose of enabling you to use the Circuit Node Services as permitted by these Terms.
Reservation of Rights
If your use or access to the Circuit Node Services is in breach of these Terms, your right to access the Circuit Node Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials that you made directly or indirectly from the Circuit Node Services. No right, title, or interest in or to the Circuit Node Services is transferred to you, and all rights not expressly granted are reserved by GR1D. You may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses. Any use of the Circuit Node Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.
Trademarks
GR1D’s name, the term “GR1D” and all related names, logos, product and/or service names, designs, and slogans are trademarks of GR1D, its affiliates, or licensors. You agree not to use such marks without the prior express written permission of GR1D.
General Service Terms
Smart Contract Transactions
In connection with the Circuit Node Services, transactions rely on smart contracts stored on various blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. A defining feature of blockchain technology is that its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. You acknowledge and understand that smart contracts dictate how funds and ownership of Digital Assets are distributed.
Taxes
It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Circuit Node Services; and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication or information provided to you by GR1D is intended as, or should be considered or construed as, legal or tax advice.
Warranty Disclaimer
You are responsible for your use of the Circuit Node Services, the functionalities that you enable, transactions engaged on or through the Circuit Node Services, and access or use of the information derived thereof. You are solely responsible for complying with all applicable laws related to its transactions and activities that directly or indirectly incorporate our provision of the Circuit Node Services. You acknowledge and understand GR1D is not registered nor licensed with, nor have the Circuit Node Services or the software contained therein been reviewed by any securities, commodities, or other financial or banking regulator. You further understand that we cannot and do not guarantee or warrant that files available for download from the Circuit Node Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for: (a) an appropriate blockchain based utility; (b) anti-virus protection and accuracy of data input and output; (c) your participation in and use of the Protocol and related technologies; and (d) maintaining a means external to our site to reconstruct any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NOT EVENT WILL GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CIRCUIT NODE SERVICES, OR GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D THROUGH THE CIRCUIT NODE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.
YOUR USE OF THE CIRCUIT NODE SERVICES AND ANY SERVICES CONTENT IS AT YOUR SOLE RISK. THE CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D ARE PROVIDED ON AN “AS IS’’ AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NOT EVENT WILL GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED THE CIRCUIT NODE SERVICES, GR1D MATERIALS, OR PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D.GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE CIRCUIT NODE SERVICES, GR1D MATERIAL, OR PROTOCOL IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, GR1D MATERIALS, OR PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE CIRCUIT NODE SERVICES, GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D WILL MEET ANY USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE CIRCUIT NODE SERVICES, GR1D MATERIALS, OR PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE CIRCUIT NODE SERVICES, GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agrees to defend, indemnify, and hold harmless GR1D, 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: (a) your violation of these Terms; (b) your use of Circuit Node Services, including, but not limited to, your purchase of the Circuit Node Chip and/or access or use of the Circuit Node Software or other services or features accessible on or through the Circuit Node Services; (c) use of or reliance on the Interface content, the Circuit Node Services, and/or services or products other than as expressly authorized in these Terms; (d) your use or reliance on of any information obtained from the Circuit Node Services; and/or (e) any third party’s access or use of the Circuit Node Services with or without your assistance, using any device, account, profile, Digital Asset Wallet, or other mechanism that you own or control.Limitation of Liability; Disclaimer of Damages
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GR1D, 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 CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D, 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. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE CIRCUIT NODE SERVICES, INTERFACE, PROTOCOL, GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GR1D, AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO GR1D FOR THE APPLICABLE SERVICE IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration
Please read this section carefully because it waives any right to participate in any class action or other representative action or proceeding. This Section 17 requires you to arbitrate certain disputes and limits the ways in which you can seek relief, including by precluding you from suing in court or having a jury trial.
Waiver of Class Actions and Right to Jury Trial
To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Circuit Node Services (each a “Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.
Informal Resolution
Before filing a claim against GR1D, you agree to try to resolve the Dispute by first emailing legal@1kin.io with a description of your claim and proof of your relationship with GR1D. If we can’t resolve the Dispute within sixty days of our receipt of your first email, you or GR1D may then submit the Dispute to binding arbitration as provided herein.
Arbitration Agreement
All Disputes between you and GR1D must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and GR1D expressly waive the right to formal court proceedings including without limitation trial by jury and class action. This Agreement affects interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act 9 U.S.C. § 1, et. Seq. (“FAA”).
Conducting Arbitration
The arbitration shall be conducted by the International Chamber of Commerce (“ICC”) under its Commercial Arbitration Rules (“ICC Rules”) then in effect. If you are a consumer, the most recent version of the ICC Rules can be accessed here. These Terms shall govern any conflict between the ICC Rules and these Terms. The location and type of hearing shall be determined in accordance with the ICC Rules. Further, a party’s right to request a hearing shall also be determined in accordance with the ICC Rules. Unless otherwise ordered by an arbitrator or pursuant to the ICC Rules, any in-person arbitration shall be in English and held remotely to the maximum extent and administered in New York, New York or another mutually agreeable location.
Confidentiality
GR1D, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards including information shared and produced during the arbitration.
Arbitration Time for Filing
Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.
Excepted Claims
Notwithstanding this Section 17, there is no requirement to arbitrate, and you and GR1D may bring an individual small claims action in the small claims court in your and GR1D’s respective county of residence as provided under the ICC Rules, or seek only a temporary restraining order or injunction for alleged breach of confidentiality obligations or alleged infringement or misappropriation of intellectual property in any court having jurisdiction provided that, in each case, the action is brought as an individual action and not on a class or representative basis.
Severability
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms and such severance of the provision(s) shall have no impact whatsoever on the remainder of this Section 17. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this Section 17 is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this Section 17 shall remain in full force and effect.
Modification
Notwithstanding any term or provision in this Agreement to the contrary, you and GR1D agree that if GR1D makes any future material change to this Section 17, GR1D will notify you. Your continued use of the Circuit Node Services including the acceptance of products and services offered following the posting of changes constitutes your acceptance of any such changes.
Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that GR1D may initiate a proceeding relating to the enforceability or validity of GR1D’s intellectual property rights in any court of competent jurisdiction. With respect to any other proceeding not subject to arbitration under this Agreement, the courts located in the State of Delaware will have exclusive jurisdiction. You waive any objection to venue in any such courts.
Amendments to this Agreement
GR1D reserves the right to amend this Agreement and/or policies that govern the Circuit Node Services from time to time and in our sole discretion. Any changes will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notices of such changes or modifications. By continuing to use the Circuit Node Services after any changes are posted to the website, you agree to be bound by those changes. If you do not agree to the changes, you may stop using the Circuit Node Services.
Miscellaneous Terms
Assignment
These Terms, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received GR1D’s prior written consent. GR1D reserves the right to assign our rights without restriction, including without limitation to any of GR1D affiliates or subsidiaries, or to any successor in interest of any business associated with the Circuit Node Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.
Term; Survival
This Agreement will remain in effect until terminated by either you or GR1D. We reserve the right to change, suspend or discontinue, or terminate, restrict, or disable your use of or access to, parts or all of the Circuit Node Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.
Nonwaiver of Rights
GR1D’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of the Terms shall not be affected.
Force Majeure
You acknowledge and consent that the Circuit Node Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Circuit Node Services, we are unable to completely foresee and hedge against all legal, technological, and other risks. GR1D shall not be held liable for delays, failure in performance, or interruption of Circuit Node Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (a) acts of God such as earth earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Circuit Node Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the Digital Assets and/or blockchain industries (collectively, “Force Majeure Events”).
Notice
Any notices or other communications provided by us under these Terms including those regarding modifications to these Terms will be posted online, in the Circuit Node Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Circuit Node Services.
Privacy
To understand how GR1D collects, uses, and shares information about you, please review our Privacy Policy located here: gr1d.network/privacy-policy.
Third Party Beneficiaries
Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.
Entire Agreement
These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and GR1D as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with GR1D.
Translation
These Terms are set forth in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.
These Circuit Node Terms and Conditions (these “Terms” or this “Agreement”) are a contract between you and 1Kin Laboratories (“GR1D,” “we,” “our,” or “us”) governing your access to or use of the GR1D network node software (“Circuit Node Software”), transactions or interactions involving the non-fungible token used by the Circuit Node Software (“Circuit Node Chip”), and such other services that may be offered by GR1D from time to time (collectively, the “Circuit Node Services”).
By transacting or interacting with the Circuit Node Services or, if earlier, clicking on an “I Agree” button or check box presented with these Terms, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you are not permitted to transact or interact with the Circuit Node Services.
THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY.
Eligibility and Verification
Eligibility
In connection with your interaction or transaction involving the Circuit Node Services, you represent and warrant that you are at least 18 years old and capable of forming a binding contract with us in your respective jurisdiction. Also, if you transact or interact with the Circuit Node Services on behalf of an organization, you represent and warrant to us that you are authorized to agree to these Terms on the organization’s behalf and have the power to bind the organization to these Terms.
You further represent and warrant that you are not, nor will you act on behalf of, any natural person or individual, or association, partnership, corporation, company, or organization directly or indirectly owned or controlled by a person, group, or organization:located in a jurisdiction that is comprehensively sanctioned or embargoed by the United States, the United Nations, the United Kingdom, or, which, as of the “last updated” date of these Terms includes: Cuba, certain sanctioned areas of Russia and Ukraine (including without limitation, Crimea, the so-called region of Donetsk, the so-called region of Luhansk, and the so-called region of Zaporizhzhia), Democratic People’s Republic of Korea (North Korea), Iran, and Syria;
a citizen, resident, located, or organized in a jurisdiction where your transaction or interaction with the Circuit Node Services would be illegal or violate applicable law; or
subject to any export restriction, end-user restriction, anti-terrorism law, anti-money laundering law, economic sanction, financial sanction, or trade embargo imposed, administered, or enforced by the United States Department of Treasury’s Office of Foreign Asset Control Designated Nationals and Blocked Persons List, United States Department of State, United States Department of Commerce, United Nations Security Council, or any other applicable national, regional, provincial, state, municipal, or local law or regulation, each, as amended from time to time.
Verification
You may be required to provide us with certain information and documentation directly or through a third party. You represent and warrant that any information or documentation you provide, whether as part of the Circuit Node Services or otherwise, is complete and accurate. We may employ various measures to comply with our anti-money laundering obligations, prevent the misuse of the Circuit Node Services, or for any other legitimate business reason. The measures we may take include without limitation, verification and screening procedures that compare information provided to us against sanctions lists administered and enforced by a governmental authority. You hereby authorize us, directly or through a third party, to make inquires that we consider necessary to verify your identity, protect against the misuse of the Circuit Node Services, or any other legitimate business reason. We will have no liability or responsibility for any permanent or temporary inability that you have in connection with your interaction with the Circuit Node Services as a result of the foregoing measures.
Circuit Node Sale Interface
The website hosted user interface located at gr1d.network/nodes (the “Interface”) provides the web or mobile-based means to access a site to purchase the Circuit Node Chips. The Interface also provides access to an application that runs on a blockchain network of computers (“Protocol”). The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol itself is comprised of open-source or source-available self-executing smart contracts.
We expressly reserve the right to consult, involve, and/or engage one or more third parties to facilitate the programming, hosting, and processing of the Circuit Node Chip transactions. You acknowledge and agree that we do not control the Protocol and do not have control over the Protocol’s transactions. We do not warrant the accuracy, completeness, or usefulness of information or materials that we or a third party present on or through the Interface and such information or material is made available solely for general information and/or educational purposes. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you, any other user or person who may be informed of the Interface contents, and by the actions or omissions of others interacting with the Interface.Digital Asset Wallets
In General
To use certain functions of the Circuit Node Services you must connect a compatible software application (or other mechanism) (“Digital Asset Wallet”). Your relationship with the provider of any Digital Asset Wallet you use in connection with the Circuit Node Services is governed by the terms and provisions of that provider’s agreement with you. By connecting your Digital Asset Wallet to the Interface, you agree to be bound by this Agreement. Further, we reserve the right, in our sole discretion, to prohibit certain Digital Asset Wallet addresses from connecting to the Interface or from accessing, using, or otherwise interacting with the Circuit Node Services.Non-Custodial
The Circuit Node Services are non-custodial applications; we do not, at any time, custody, possess, or control the tokens (“Digital Assets”) in your Digital Asset Wallet. As the owner of the Digital Assets in your Digital Asset Wallet, you acknowledge and agree that you bear all risk of loss regarding such Digital Assets. You further agree that you will not hold GR1D liable for Digital Asset fluctuations or other loss associated with your use of your Digital Asset Wallet.Security
You are solely responsible for the custody of the cryptographic private keys associated with any Digital Asset Wallet you use or connect to the Circuit Node Services. You should never share your Digital Asset Wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a Digital Asset Wallet. We make no representations or warranties regarding how any of the Circuit Node Services will interact or operate with any specific Digital Asset Wallet.
Network Rewards
The Circuit Node Chip is required to be purchased in order to use the Circuit Node Software to generate rewards (“Network Rewards”). Details regarding the criteria for earning Network Rewards can be found within the applicable service or official GR1D documentation. GR1D reserves the right to change, modify, discontinue, or cancel any Network Reward at any time and without notice to you. You understand and agree that GR1D does not guarantee that you will receive any Network Reward. Any information regarding the potential amount of a Network Reward set out in the Circuit Node Services is an estimate only. GR1D expressly disclaims all representations and warranties regarding any and all Network Rewards, including, without limitation any: (i) stated percentage of a Network Reward that will be received; (ii) Network Reward will occur on a continuous basis; (iii) Network Rewards will be on an uninterrupted basis or error-free basis; and (iv) any particular Digital Asset will be available in connection with a Network Reward. Any Network Reward that we make available from time to time is subject to these Terms and any other applicable term or provision regarding such Network Reward. Some or all of your Network Rewards may be programmatically destroyed as a penalty imposed by the GR1D network (“Slashing Penalty”). GR1D is not responsible or liable for any Network Reward or Slashing Penalty that results from your access or use of the Circuit Node Services.Risk Disclosures
You understand, accept, and agree to assume all of the various risks involved in interacting or transacting with the Circuit Node Services, including all of the risks set forth below.
Digital Assets, the features, functions, characteristics, operations, use, and other properties and/or software, networks, protocols, systems, or other technology that Digital Assets interact with is complex; and Digital Asset terms, features, or risks may not be readily or fully understood due to such complexities.
Digital Assets will be irretrievably lost if sent to the wrong address. For instance, if the cryptographic address is improperly formatted, contains an error, or for a type of Digital Asset then is not supported by the underlying blockchain.
Circuit Node Chips may have no value. You may lose all amounts paid. You have carefully reviewed, acknowledge, understand, and assume all risks associated with the Circuit Node Services, which specifically includes the Circuit Node Chips.
Digital Assets may be subject to forks or attacks on the security, integrity, and/or operation of the networks, including any network events. These events may affect features, functionality, operations, use, or properties of any Digital Asset or network and/or the value of any Digital Asset.
Any Digital Asset and/or the Circuit Node Services may be targeted by malicious persons or individuals who may attempt to disrupt the Circuit Node Services or steal Digital Assets. This includes but is not limited to malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority mining, mining attacks, distributed denial of service, and blockchain forks.
The public nature of the Internet means that parts or the Internet may be unreliable or unavailable at any given time. Interruption, delay, corruption, loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the Internet or other technology. This can result in your transaction(s) not being executed according to your instructions at the requested time or not at all. No technology is completely secure or safe.
Digital Assets may decrease in value or lose all value, in a short period of time or permanently, due to various factors including, without limitation, government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, price distortion, insider dealing, market distortion, malicious wrongdoing or behaviors, changes to the Digital Asset’s nature or characteristics, suspension, or cessation of support for a Digital Asset by exchanges, public opinion, technical advancements, macroeconomic and political factors, and other factors outside of our control
Digital Assets held by a decentralized application like the Protocol or Digital Asset Wallets are not protected deposits and/or may not be protected by any deposit protection scheme. Thus, Digital Assets have a reduced level and type of protection compared to fiat and other asset classes or types.
The creation of the Protocol may be abandoned for reasons including without limitation, lack of interest, funding, incapacitation of key developers or project members, lack of commercial success or prospects, or Force Majeure Event (defined below). You understand that there are no assurances, even if the project and/or the Protocol was partially or fully developed and launched, that there is any benefit to participating in the Circuit Node Services.
The Circuit Node Services may undergo significant changes over time. We may also limit control over how other participants use the Circuit Node Services. This could create the risk of the Circuit Node Services not meeting your expectations, for any number of reasons, including mistaken assumptions or analysis, a change in the design and/or implementation plans, and execution on or through the Circuit Node Services.
We currently rely on our service providers for certain aspects of our operations including: cloud computing services and data centers that provide facilities, infrastructure, website functionality and access, components, and services, all of which are critical to our operations. Like most other online companies, because we rely on service providers, we face operational risk. Any interruption in the services provided by our service providers can impair our ability to provide the Circuit Node Services.
We do not directly manage the operation of the service providers we use including their data center facilities. Such third parties are vulnerable to financial, legal, regulatory, and labor issues, cybersecurity incidents, break-ins, computer viruses, denial-of-service attacks, sabotage, acts of vandalism, privacy breaches, service terminations, disruptions, interruptions, Force Majeure Events (defined below), and other events.
You acknowledge and understand that you may be subject to scams and/or other types of fraud perpetrated by parties outside of our control. It is your responsibility to be aware of and protect against such misconduct. In the event that you are subject to such fraud, there is a risk of loss of your Digital Assets.
All blockchain transactions include data and, in some circumstances, personal data about you. Many blockchain technologies store transaction data publicly and permanently. When you use such public blockchain technology, you intentionally make your transaction data public and acknowledge that this data cannot be deleted, removed, or reversed due to the nature of blockchain technology.
We are subject to an extensive and rapidly evolving regulatory landscape, and any changes to any law or regulation could adversely impact our ability to offer the Circuit Node Services and/or your use or access to the Circuit Node Services. Such regulatory change may also impact your legal obligations with respect to the Circuit Node Services.
You understand that smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk of selecting your slippage rate which expose you to additional cost or fees by the underlying blockchain network.
You understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge.
Acknowledgements and Covenants
By interacting or transacting with the Circuit Node Services, you acknowledge, represent, and warrant, in each case as applicable, each of the items contained in this section, without limiting any other term or provision of these Terms.
Acknowledgement and Assumption of Risks
You represent and warrant that you have received a copy of, have carefully read, understand, accept, and agree to assume all of the risks involved in using, holding, trading, delivering, purchasing transacting, and/or transferring Digital Assets, the Circuit Node Chip, and use of the Services, including without limitation, the risks specifically set forth in Section 5 of these Terms. You agree that GR1D shall not be liable to you for any loss, damage, expense, or liability that are or may relate to any of the risks specifically set forth in this Agreement. You represent and warrant that you are able to bear any financial or other loss associated with, or that may otherwise relate to, any interaction or transaction with the Circuit Node Services.Non-Reliance
You represent that you are not relying on (and will not at any time rely on) any communication (written or oral) of GR1D as advice or as a recommendation to engage in any transaction involving the Circuit Node Services. Further, you confirm that GR1D has not: (a) given any guarantee or representation as to the potential success, return, effect, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of transacting in Digital Assets and/or the Circuit Node Chip; or (b) made any representation to you regarding the legality of transacting in Digital Assets or the Circuit Node Chip under any applicable law. In deciding to use the Circuit Node Services, you are not relying on the advice or recommendations of GR1D, and you have made your own independent decision that using the Circuit Node Services is suitable and appropriate for you.
You further acknowledge and agree that we do not provide investment advice, and any content on the Circuit Node Services or other communication channel should not be considered as tailored investment advice. You must seek professional advice regarding your particular financial, legal, technical, and other conditions prior to commencing your use of the Circuit Node Services. You represent and warrant that you fully understand all risks associated with using the Circuit Node Services and you have the necessary experience, understanding, and risk tolerance for using the Circuit Node Services including the necessary experience and knowledge to enter into any relevant transaction through the Circuit Node Services. You will carefully consider and use clear judgment to evaluate your financial situation and risks before making any decisions to use the Circuit Node Services. You accept the risk of using the Circuit Node Services and are responsible for conducting your own independent analysis of the risks specific to your use of the Circuit Node Services.
Prohibited Use
You may not use the Circuit Node Services to engage in the following categories of activity (each a “Prohibited Use”). The specific types of activities listed below are representative, but not exhaustive.
Unlawful Activity. Activity which, in any way, would violate, or assist in violation of, any law, statue, ordinance, or regulation, sanctions programs administered in the countries where GR1D offers the Circuit Node Services, or which would involve proceeds of any unlawful activity; publish, distribute, or disseminate any unlawful material or information.
Abusive of Others. Interfere with another individual’s access to or use of the Circuit Node Services including but not limited to exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights of others; ask for personally identifiable information, or otherwise; transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; to impersonate or attempt to impersonate GR1D, an employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities); engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Circuit Node Services; incite, threaten, encourage, or promote hate, racial intolerance, or violent acts against others.
Fraud. Activity which operates to deceive or defraud, or attempt to deceive or defraud, GR1D, any users or any other person, including without limitation providing any false, inaccurate, or misleading information whether directly through the Circuit Node Services or through an external means that affects the Circuit Node Services with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Circuit Node Services.
Gambling. Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
Abusive Activity. To cause the Circuit Node Services, the Circuit Node Services underlying blockchain network(s) or technologies, or any other functionality with which the Circuit Node Services interact, to work other than as intended; damage the reputation of GR1D, or impair any of our legal rights or interests; engage in any activity or behavior that violates any applicable laws concerning, or otherwise damages, the integrity of the Circuit Node Services or any other service or software which relies on the Circuit Node Services; use the Circuit Node Services in any manner that could disable, overburden, damage, impair, or interfere with the Circuit Node Services, including the ability to engage in real time activities through the Circuit Node Services; use any robot, spider, or other automatic device, process, or means to access the Circuit Node Services for any purpose, including monitoring or copying any of the material on the Circuit Node Services; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Circuit Node Services, the server on which the Circuit Node Services or information in connection with the Circuit Node Services is stored, or any server, computer, or database connected to the Circuit Node Services, including any underlying blockchain.
Intellectual Property Infringement. 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 law or regulation or that otherwise may be in conflict with these Terms; engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, software, or other licensed materials without the appropriate authorization from the rights holder; use of GR1D intellectual property, name, or logo, including use of any GR1D trade or service mark, without express consent of GR1D or in a manner that otherwise harms GR1D or the GR1D brand; any action that implies an untrue endorsement by or affiliation with GR1D.
You agree and represent that you will not engage in any Prohibited Use, in connection with the Circuit Node Services. You further represent and warrant that you: (a) will abide by any and all applicable laws of the jurisdiction where you are located; (b) all local, national, and international practices regarding Internet use; (c) and all network agreements, rules, and procedures related to or in connection with the Circuit Node Services; (d) your use of the Circuit Node Services including Digital Asset transactions will be in compliance with applicable law and regulation in your jurisdiction; (e) you have obtained sufficient information about the Circuit Node Services, Digital Assets, and other services or products in connection with the Circuit Node Services to make an informed decisions in regard to your use of the Circuit Node Services including purchase of the Circuit Node Chip; (f) you will bear the full responsibility for any and all activities that occurs in connection with your use or access to the Circuit Node Services including without limitation transactions of Digital Assets, any Circuit Node Chip purchase, interacting with the Circuit Node Services, disclosing, or publishing information, clicking to agree with various agreements, and uploading and submitting various documents or information; and (g) you are the legal and rightful owner of the Digital Assets in the Digital Asset Wallet, and Digital Assets you use on the Circuit Node Services.
Changes, Suspension, and Termination
GR1D may, at its discretion and without liability to you, with or without prior notice and at any time, modify, discontinue, temporarily, or permanently, all or any portion of the Circuit Node Services. You acknowledge that our decision to take certain actions including limiting, suspending, or terminating your access to the Circuit Node Services. Our decision may be based on our confidential criteria that are essential to our risk management and security of our business and/or the Circuit Node Services. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you. GR1D will not be liable for any losses suffered by you resulting from any modification of the Circuit Node Services or from any suspension or termination of your access to all or a portion of the Circuit Node Services. You acknowledge that Digital Asset values may fluctuate during any period during which the Services have been suspended and agree that GR1D will have no liability for any such fluctuations.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Circuit Node Services. You waive and hold harmless GR1D and its affiliates, licensees, and service providers from any claims resulting from any action taken by GR1D and/or any of the foregoing parties during, or taken as a consequence of, investigations by us, such parties, or law enforcement authorities.
Relationship of the Parties
GR1D is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in your use of the Circuit Node Services. GR1D does not provide investment, tax, or legal advice, and you are solely responsible for any transaction, investment, strategy, decision, or other act that you make in connection with the Circuit Node Services. GR1D may provide educational material or information through the Circuit Node Services, social media account, or other channel of communication. No communication or information provided to you by GR1D is intended as, or shall be considered or construed as, advice. To the fullest extent permissible by law, you agree that your access or use of the Circuit Node Services does not cause GR1D or any user to owe fiduciary duties or liabilities to you or any third party. You further acknowledge and agree that to the fullest extent permitted by law, if any duties or liabilities that are afforded by law or by equity, GR1D hereby irrevocably disclaimed, waived, and eliminated such duty or liability, and shall be held completely harmless in relation thereof.
Circuit Node Chip Functionality and Transferability
Functionality
You understand and agree that GR1D remains free to change the functionality of the Circuit Node Services including the Circuit Node Chip, prior to the deployment of the Circuit Node Chip smart contract on the GR1D network. Further you understand and agree that GR1D reserves the right to further change or adapt the Circuit Node Chip due economic, regulatory, and/or its legitimate business operation considerations. You further understand and agree that the Circuit Node Chip does not represent or constitute any ownership rights, shares or other equity rights, securities, financial instruments or equivalent rights or any rights to receive future revenues, or any other form of participation or governance rights in or relating to the Circuit Node Services, and other products or services offered by GR1D, GR1D or any affiliate
Transferability
You understand and agree that any Circuit Node Chip transferred to you is non-transferable and cannot be transferred to anyone, unless notified otherwise in writing by GR1D. Once delivered to you, the Circuit Node Chip will only be accessible via the public wallet address to which you provided to GR1D. You may not trade, sell, donate, or pledge the Circuit Node Chip to anyone, and may not transfer or assign the control over the public wallet address to which the Circuit Node Chip was received.
Charges and Fees
We may, in our sole discretion and at any time, set or modify the Circuit Node Service fees. Network Rewards may be subject to redemption penalty fees. Except when required by law, fees are non-refundable. Blockchain transactions require the payment of transaction fees to the appropriate network’s nodes, miners, validators, or operators ("Blockchain Fees"). You will be solely responsible to pay the Blockchain Fees for any transaction that you initiate via the Services. Blockchain Fees are neither levied directly by GR1D nor paid to or shared with GR1D in any way, but rather are determined by your use of the Circuit Node Services and the rules placed by corresponding blockchain communities at large. You acknowledge and agree that GR1D has no control over Blockchain Fees (including without limitation their applicability, payment, amounts, transmission, intended operation, and effectiveness) whether related to your use of the Circuit Node Services or otherwise, and in no event will GR1D be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.
Intellectual Property Right
GR1D Materials
The Services and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, and the “look and feel” of the Circuit Node Services, except any open source software, are owned by GR1D (“GR1D Materials”), its licensors, or other providers of such material and are protected by applicable and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limitations on Use
In connection with your use of the Services, you may use the GR1D Materials solely as authorized by us for as long as we permit you to continue accessing the Services. Without limiting the foregoing, you agree not to: (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services, GR1D Materials, or use the Circuit Node Services or GR1D Materials in any service bureau environment; (b) modify or create derivative works of the Circuit Node Services or GR1D Materials, or any portion thereof, or any data or information received by you in connection therewith; (c) frame, display, or incorporate the Circuit Node Services or GR1D Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer, or attempt to discover the source code of the Circuit Node Services or GR1D Materials; (e) use the Circuit Node Services or GR1D Materials to design, develop, or create any competing product or service; or (f) otherwise use the Circuit Node Services or GR1D Materials for any commercial or noncommercial purpose other than their intended purposes determined at GR1D discretion.
Rights We Grant You
We hereby permit you to use and access the Services, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Circuit Node Services, we hereby grant you a non-sublicensable, non-transferable, and non-exclusive right and license to execute, access, and display such software, content, and materials provided to you as part of the Circuit Node Services, in each case for the sole purpose of enabling you to use the Circuit Node Services as permitted by these Terms.
Reservation of Rights
If your use or access to the Circuit Node Services is in breach of these Terms, your right to access the Circuit Node Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials that you made directly or indirectly from the Circuit Node Services. No right, title, or interest in or to the Circuit Node Services is transferred to you, and all rights not expressly granted are reserved by GR1D. You may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses. Any use of the Circuit Node Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.
Trademarks
GR1D’s name, the term “GR1D” and all related names, logos, product and/or service names, designs, and slogans are trademarks of GR1D, its affiliates, or licensors. You agree not to use such marks without the prior express written permission of GR1D.
General Service Terms
Smart Contract Transactions
In connection with the Circuit Node Services, transactions rely on smart contracts stored on various blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. A defining feature of blockchain technology is that its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. You acknowledge and understand that smart contracts dictate how funds and ownership of Digital Assets are distributed.
Taxes
It is your sole responsibility to determine whether and to what extent any taxes apply to activity you conduct through the Circuit Node Services; and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. No communication or information provided to you by GR1D is intended as, or should be considered or construed as, legal or tax advice.
Warranty Disclaimer
You are responsible for your use of the Circuit Node Services, the functionalities that you enable, transactions engaged on or through the Circuit Node Services, and access or use of the information derived thereof. You are solely responsible for complying with all applicable laws related to its transactions and activities that directly or indirectly incorporate our provision of the Circuit Node Services. You acknowledge and understand GR1D is not registered nor licensed with, nor have the Circuit Node Services or the software contained therein been reviewed by any securities, commodities, or other financial or banking regulator. You further understand that we cannot and do not guarantee or warrant that files available for download from the Circuit Node Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for: (a) an appropriate blockchain based utility; (b) anti-virus protection and accuracy of data input and output; (c) your participation in and use of the Protocol and related technologies; and (d) maintaining a means external to our site to reconstruct any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NOT EVENT WILL GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CIRCUIT NODE SERVICES, OR GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D THROUGH THE CIRCUIT NODE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.
YOUR USE OF THE CIRCUIT NODE SERVICES AND ANY SERVICES CONTENT IS AT YOUR SOLE RISK. THE CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D ARE PROVIDED ON AN “AS IS’’ AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NOT EVENT WILL GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED THE CIRCUIT NODE SERVICES, GR1D MATERIALS, OR PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D.GR1D, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE CIRCUIT NODE SERVICES, GR1D MATERIAL, OR PROTOCOL IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, GR1D MATERIALS, OR PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE CIRCUIT NODE SERVICES, GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D WILL MEET ANY USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE CIRCUIT NODE SERVICES, GR1D MATERIALS, OR PROTOCOL, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE CIRCUIT NODE SERVICES, GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agrees to defend, indemnify, and hold harmless GR1D, 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: (a) your violation of these Terms; (b) your use of Circuit Node Services, including, but not limited to, your purchase of the Circuit Node Chip and/or access or use of the Circuit Node Software or other services or features accessible on or through the Circuit Node Services; (c) use of or reliance on the Interface content, the Circuit Node Services, and/or services or products other than as expressly authorized in these Terms; (d) your use or reliance on of any information obtained from the Circuit Node Services; and/or (e) any third party’s access or use of the Circuit Node Services with or without your assistance, using any device, account, profile, Digital Asset Wallet, or other mechanism that you own or control.Limitation of Liability; Disclaimer of Damages
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GR1D, 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 CIRCUIT NODE SERVICES, GR1D MATERIALS, PROTOCOL, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D, 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. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE CIRCUIT NODE SERVICES, INTERFACE, PROTOCOL, GR1D MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GR1D.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GR1D, AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO GR1D FOR THE APPLICABLE SERVICE IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Dispute Resolution, Waiver of Class Action, and Mandatory Arbitration
Please read this section carefully because it waives any right to participate in any class action or other representative action or proceeding. This Section 17 requires you to arbitrate certain disputes and limits the ways in which you can seek relief, including by precluding you from suing in court or having a jury trial.
Waiver of Class Actions and Right to Jury Trial
To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Circuit Node Services (each a “Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.
Informal Resolution
Before filing a claim against GR1D, you agree to try to resolve the Dispute by first emailing legal@1kin.io with a description of your claim and proof of your relationship with GR1D. If we can’t resolve the Dispute within sixty days of our receipt of your first email, you or GR1D may then submit the Dispute to binding arbitration as provided herein.
Arbitration Agreement
All Disputes between you and GR1D must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and GR1D expressly waive the right to formal court proceedings including without limitation trial by jury and class action. This Agreement affects interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act 9 U.S.C. § 1, et. Seq. (“FAA”).
Conducting Arbitration
The arbitration shall be conducted by the International Chamber of Commerce (“ICC”) under its Commercial Arbitration Rules (“ICC Rules”) then in effect. If you are a consumer, the most recent version of the ICC Rules can be accessed here. These Terms shall govern any conflict between the ICC Rules and these Terms. The location and type of hearing shall be determined in accordance with the ICC Rules. Further, a party’s right to request a hearing shall also be determined in accordance with the ICC Rules. Unless otherwise ordered by an arbitrator or pursuant to the ICC Rules, any in-person arbitration shall be in English and held remotely to the maximum extent and administered in New York, New York or another mutually agreeable location.
Confidentiality
GR1D, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards including information shared and produced during the arbitration.
Arbitration Time for Filing
Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.
Excepted Claims
Notwithstanding this Section 17, there is no requirement to arbitrate, and you and GR1D may bring an individual small claims action in the small claims court in your and GR1D’s respective county of residence as provided under the ICC Rules, or seek only a temporary restraining order or injunction for alleged breach of confidentiality obligations or alleged infringement or misappropriation of intellectual property in any court having jurisdiction provided that, in each case, the action is brought as an individual action and not on a class or representative basis.
Severability
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms and such severance of the provision(s) shall have no impact whatsoever on the remainder of this Section 17. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this Section 17 is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this Section 17 shall remain in full force and effect.
Modification
Notwithstanding any term or provision in this Agreement to the contrary, you and GR1D agree that if GR1D makes any future material change to this Section 17, GR1D will notify you. Your continued use of the Circuit Node Services including the acceptance of products and services offered following the posting of changes constitutes your acceptance of any such changes.
Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that GR1D may initiate a proceeding relating to the enforceability or validity of GR1D’s intellectual property rights in any court of competent jurisdiction. With respect to any other proceeding not subject to arbitration under this Agreement, the courts located in the State of Delaware will have exclusive jurisdiction. You waive any objection to venue in any such courts.
Amendments to this Agreement
GR1D reserves the right to amend this Agreement and/or policies that govern the Circuit Node Services from time to time and in our sole discretion. Any changes will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notices of such changes or modifications. By continuing to use the Circuit Node Services after any changes are posted to the website, you agree to be bound by those changes. If you do not agree to the changes, you may stop using the Circuit Node Services.
Miscellaneous Terms
Assignment
These Terms, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received GR1D’s prior written consent. GR1D reserves the right to assign our rights without restriction, including without limitation to any of GR1D affiliates or subsidiaries, or to any successor in interest of any business associated with the Circuit Node Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.
Term; Survival
This Agreement will remain in effect until terminated by either you or GR1D. We reserve the right to change, suspend or discontinue, or terminate, restrict, or disable your use of or access to, parts or all of the Circuit Node Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.
Nonwaiver of Rights
GR1D’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of the Terms shall not be affected.
Force Majeure
You acknowledge and consent that the Circuit Node Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Circuit Node Services, we are unable to completely foresee and hedge against all legal, technological, and other risks. GR1D shall not be held liable for delays, failure in performance, or interruption of Circuit Node Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (a) acts of God such as earth earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Circuit Node Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the Digital Assets and/or blockchain industries (collectively, “Force Majeure Events”).
Notice
Any notices or other communications provided by us under these Terms including those regarding modifications to these Terms will be posted online, in the Circuit Node Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Circuit Node Services.
Privacy
To understand how GR1D collects, uses, and shares information about you, please review our Privacy Policy located here: gr1d.network/privacy-policy.
Third Party Beneficiaries
Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.
Entire Agreement
These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and GR1D as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with GR1D.
Translation
These Terms are set forth in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.