GMGN Terms of Service

Last updated: December 6, 2024

Welcome to GMGN! These terms of service, along with any documents and additional terms they incorporate by reference (collectively, these “Terms of Service”), are entered into between GMGN Labs Limited (collectively, “GMGN,” “we,” “us,” and “our”) and you, or the company or other legal entity that you represent (“you” or “your”).

By accessing or using the Services in any way, you represent that (1) you have read, understand, and agree to be bound by these Terms of Service; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into these Terms of Service. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES.

Your use of, and participation in, certain Services may be subject to Supplemental Terms, which will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.

The Services allow users to discover, track and interact with data generated by compatible third-party blockchain applications.

GMGN IS NOT A BROKER, FINANCIAL INSTITUTION OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN. GMGN CANNOT INITIATE A TRANSFER OF ANY OF YOUR CRYPTOCURRENCY OR DIGITAL ASSETS OR OTHERWISE ACCESS YOUR DIGITAL ASSETS IN YOUR OWN WEB3 WALLETS. GMGN HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT IN CONNECTION WITH YOUR USE OF THE SERVICES. UNLESS EXPLICITLY PROVIDED IN WRITING, WE DO NOT HOST OR MAINTAIN ECOSYSTEM PARTNERS ACCESSIBLE ON OUR SERVICES, DO NOT PARTICIPATE IN ANY TRANSACTIONS ON SUCH ECOSYSTEM PARTNERS' PLATFORMS, AND DO NOT RECOMMEND, ENDORSE, OR OTHERWISE TAKE A POSITION ON YOUR USE OF THESE SERVICES.

GMGN IS NOT CAPABLE OF PERFORMING TRANSACTIONS OR SENDING TRANSACTION MESSAGES WITHOUT YOUR ORDER. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICES ARE INITIATED BY YOU.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY GMGN IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, GMGN will make a new copy of the Terms of Service Agreement available at within the Services and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the "Last Updated" date at the top of the Terms of Service Agreement. Any changes to the Agreement will be effective immediately for new users of the Website and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website and/or Services for existing users of the Services. GMGN may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. DEFINITIONS
   • "Adapter" means a software tool that enables and facilitates the interoperability of a particular DeFi project with the Services.
   • "Additional Referral Terms" means any additional tools published in a referral invitation or otherwise associated with any particular Referral Program offer or promotional code.
   • "Agreement" means this Terms of Service and any Supplemental Terms applicable to your use of the Services.
   • "Arbitration Agreement" means the dispute resolution mechanism in Section 16.
   • "Brand" means, with respect to any Adapter, the trademark, logo, or other indicia of identity of the DeFi project or other third-party entity the interoperability of which is facilitated by such Adapter.
   • "Connected Content" means any Content or personal financial data that you have provided to and stored in your Wallet.
   • "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials.
   • "Digital Asset" means any cryptocurrency, cryptoasset, blockchain-based token, or other digital asset supported by the Services.
   • "Ecosystem Partner" means certain supported DeFi applications and projects.
   • "Feedback" means any ideas, suggestions, documents, and/or proposals that you submit to GMGN through Discord or otherwise through the Services.
   • "Friend" means an individual personally known by a Referrer.
   • "Incentive" means any benefit that a Referrer may receive as a result of participating in the Referral Program.
   • "Make Available" means to upload, post, e-mail, transmit or otherwise make available through the Services.
   • "OSS" or "Open-Source Software" means any software or components thereof subject to "open source" or "free software" licenses.
   • "Referral Link" means a personal link or code used by a Referrer to refer Friends to the Services through the Referral Program.
   • "Referral Program" means the referral rewards program offered by GMGN subject to the terms of Section 18 of this Agreement.
   • "Referrer" means a Registered User that participates in the Referral Program.
   • "Registered User" is a user who has a valid Third-Party Account, including without limitation a Wallet, through which the user has connected to the Services.
   • "Services" means any products and services made available by GMGN Labs Limited.
   • "Supplemental Terms" means any terms or policies applicable to any products or services offered by GMGN that are not addressed in these Terms of Service.
   • “Telegram Bot” means an automated program that runs on the Telegram messaging platform, capable of interacting with users through messages and commands to perform various tasks.
   • "Terms of Service" means this GMGN Terms of Service Agreement that governs your access to and use of the Services.
   • "Third-Party Account" means a valid account on a third-party service provider or social networking service supported by the Services, such as Facebook, Twitter or GitHub, or a valid third-party Wallet compatible with the Services.
   • "Third-Party Services" means and third-party websites, applications, and advertisements for third parties accessible or otherwise connected to the Services but not provided by GMGN.
   • "User Content" means any Content that is Made Available by Registered Users on or through the Services.
   • "Wallet" means a software-based system for secure storage of cryptocurrency, cryptoassets, and payment information related thereto.
   • "Website" means https://www.gmgn.ai/.
   • "You" means the individual or legal entity, as applicable, that is using or accessing the Services, or that is identified as the user when you registered on the Services.
   • "GMGN", "we", "us" , "our" means GMGN Labs Limited.
   • "GMGN Parties" means GMGN, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors.

2. USE OF THE SERVICES
   • License to the Services. The Services are protected by copyright laws throughout the world. Subject to the Agreement, GMGN grants you a limited license to reproduce portions of the Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by GMGN in a separate license, your right to use any and all the Services is subject to the Agreement.
   • You understand that the Services are evolving. You acknowledge and agree that GMGN may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

3. Telegram Bot and Service

   This Section governs your use of the Services and the Telegram Bot (the "TG Bot"), a sophisticated software solution provided by GMGN to enhance your trading experience in the digital asset market. The TG Bot offers access to a variety of functionalities through a user-friendly interface on the Telegram platform.

   • General Services. GMGN is an advanced tool designed for digital asset traders, providing comprehensive capabilities to scan and analyze blockchain data. GMGN transforms complex on-chain data into easily digestible and actionable insights, empowering users to make faster and more informed decisions. By effectively monitoring activities related to blockchain smart contracts and wallet addresses, GMGN helps users maintain diligent oversight of various digital assets and “smart money” addresses. For the avoidance of doubt, the information presented on GMGN is solely a reflection of blockchain activities monitored by the platform; none of the information is created or altered by GMGN. Furthermore, GMGN shall not assume any liability for the accuracy, reliability, or completeness of such information, nor for any loss or damage arising from its use. Users are encouraged to conduct their own due diligence and consult with qualified professionals before making any financial decisions based on the insights provided by GMGN. By using this service, users acknowledge and accept these terms and conditions, including the limitations of liability outlined herein.
   • Copy Trading Functionality. You may utilize GMGN’s data dashboard to identify "smart money" addresses, thereby facilitating one-click copy trading. This feature simplifies the process of mirroring successful trades executed by experienced investors, allowing you to benefit from their expertise. You acknowledge and agree that while the TG Bot facilitates copy trading, it operates exclusively based on the parameters you establish. You must explicitly choose which addresses to follow and set predefined criteria for automated copying. All trading activities are initiated based on your explicit instructions and preferences.
   • Account Management. The TG Bot enables seamless management of blockchain wallets through its interface, including the creation and management of wallet addresses and access keys. You may perform various operations, including viewing balances and executing transactions, while maintaining control over your private keys. The TG Bot functions as an interface that allows you to interact with your own wallet created by GMGN. When you transfer funds to this wallet, you retain control over your private keys and assets. The bot facilitates automated trading on your behalf. GMGN will monitor market conditions and notify you when certain criteria are met. However, the execution of the transaction remains under your control, ensuring that you have the final say in all trading activities. You are solely responsible for securing your account credentials and private keys, and you agree to follow best practices for protecting your information.
   • Data Integration and Analysis. The TG Bot permits you to retrieve data from various decentralized applications, including decentralized exchanges ("DApps"). This functionality provides you with the necessary insights to make strategic trading decisions based on real-time data.
   • Peer-to-Peer Swapping. You may initiate swaps of Digital Assets directly through the TG Bot interface, utilizing built-in technologies from third-party DApps. GMGN does not endorse or assume responsibility for any third-party DApps or services accessed through the TG Bot. You are advised to review the terms, conditions, and privacy policies of any third-party services prior to using them.
   • Transaction Broadcasting. The TG Bot may allow you to view relevant addresses and information within Digital Asset networks and to broadcast transactions using other DApps or centralized data sources. This functionality enables efficient execution of transactions based on current network data.
   • Customizable Trading Parameters. You retain full control over your trading strategies. You may set and modify trading parameters to ensure that all operations of the TG Bot align with your specific trading preferences.
   • Disclaimer and Limitation of Liability. You acknowledge and agree that the TG Bot operates solely based on the parameters you establish and does not exercise any discretion regarding transactions without your explicit input. GMGN shall not be liable for any losses, damages, or liabilities incurred as a result of your use of the TG Bot. You assume full responsibility for any profits or losses resulting from your trading activities. You may terminate the operation of the TG Bot at any time and withdraw your Digital Assets at your discretion. Upon receiving such instructions, the TG Bot will cease operation immediately or within a reasonable timeframe, depending on the type of Bot in use. You acknowledge that any pending transactions may need to be completed or canceled before full termination.

4. Fees
   • Service Fees: By conducting transactions through our Services, you agree to pay any applicable fees as outlined in the GMGN fee schedule, which is available on our Website. You authorize us to automatically deduct these fees directly from your Wallet for each transaction. We reserve the right to change or modify our fee schedule or increase our service fees at any time. Any changes will take effect upon posting on our Website or App. Your first use of GMGN Services following any fee changes will constitute your acceptance of those changes. If you do not agree with the updated fees, you may discontinue using the Services as outlined in this Agreement.
   • Please note that in addition to our service fees, other fees may apply to your transactions, including gas fees, slippage, priority fees, and token issuance platform fees, which are charged by network validators, token issuance platforms, and other third parties outside of GMGN. For clarity, GMGN only charges the service fees described herein for its Services.

5. REGISTRATION
   • You represent that you are not a person barred from using the Services under the laws of your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur during your use of the Services. You agree that you shall monitor your use of the Services to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors.
   • Further Representations. You represent that your are at least 18 years old and you fully understand the Services before you enter into any transactions via GMGN. Meanwhile, you represent that you are not in, under the control of, or a national or resident of Afghanistan, Cuba, Iran, North Korea, and Syria (each a “Prohibited Jurisdiction”). Also, you are not a person on the economic sanctions lists as published from time to time by the UN, the US OFAC or the EU.
   • You shall not supply any acquired or stored digital asset or Service to a Prohibited Jurisdiction, a national or resident of a Prohibited Jurisdiction, or a Prohibited Person.
   • Necessary Equipment and Software. You must prapare all equipment, software, and hardware necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You are solely responsible for keeping your hardware devices secure. GMGN will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid transfer initiated from the Services.

6. RESPONSIBILITY FOR CONTENT
   • Types of Content. You acknowledge that all Content, including the Services, is the sole responsibility of the party from whom such Content originated. This means that you and other Registered Users of the Services, and not GMGN, are responsible for all User Content.
   • You are solely responsible for any Adapter that you Make Available on or through the Services, including without limitation for securing any rights or licenses in connection with such Adapter and GMGN's use thereof. You acknowledge and agree that GMGN has no obligation to publish or otherwise make your Adapter available on or through the Services. You acknowledge and agree that you have no rights to any upgrades, modifications, enhancements or revisions that GMGN may make to your Adapter. You agree that we have no obligation to provide any support or engineering assistance of any sort in connection with your Adapter unless we otherwise agree in writing.

7. OWNERSHIP
   • The Services. Except with respect to any OSS, your Wallet, and any User Content that you Make Available, you agree that GMGN and its licensors own all rights, title and interest in and to the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
   • Open Source Software. You acknowledge that the Services may use, incorporate or link to certain OSS and that your use of the Services is subject to, and you will comply with any, applicable OSS licenses. Each item of OSS is licensed under the terms of the end-user license that accompanies such OSS. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the OSS. If required by any license for particular OSS, GMGN makes such OSS, and GMGN's modifications thereto, available by written request at the notice address specified below.
   • GMGN, and all related graphics, logos, service marks and trade names used on or in connection with any the Services or in connection with the Services are the trademarks of GMGN and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
   • Your User Content. GMGN does not claim ownership of your User Content. However, when you as a Registered User post or publish your User Content (including without limitation any Adapter) on or in the Services, you represent that you own and/or have, and have all rights necessary to grant to GMGN and do hereby grant to GMGN, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. If you Make Available an Adapter in connection with any Brand, you represent and warrant that you have all rights necessary in and to such Brand to grant GMGN the licenses granted hereunder.
   • You agree that submission of Feedback is at your own risk and that GMGN has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to GMGN a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, for any purpose.

8. USER CONDUCT

   You agree that you are solely responsible for your conduct in connection with the Service. You agree that you will abide by this Agreement and will not (and will not attempt to):

   • provide false or misleading information to GMGN;
   • use or attempt to use another Registered User's Wallet without authorization from such Registered User;
   • pose as another person or entity;
   • use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Registered Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
   • develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
   • bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
   • attempt to circumvent any content-filtering techniques we employ;
   • use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
   • collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities;
   • use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
   • bypass or ignore instructions that control all automated access to the Services;
   • use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;
   • use your Wallet to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services;
   • engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering" or fraudulent, deceptive or manipulative trading activities;
   • use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings or other similar transactions;
   • use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that (i) are redeemable for financial instruments, (ii) give owners rights to participate in an ICO or any securities offering, or (iii) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts;
   • Make Available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
   • attempt to access any Wallet that you do not have the legal authority to access.

   Any unauthorized use of any Services terminates the licenses granted by GMGN pursuant to the Agreement.

9. INVESTIGATIONS

   GMGN may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, GMGN shall have the right, in its sole discretion, to remove any of the Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although GMGN does not generally monitor user activity occurring in connection with the Services or Content, if GMGN becomes aware of any possible violations by you of any provision of the Agreement, GMGN reserves the right to investigate such violations, and GMGN may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you.

10. INTERACTIONS WITH OTHER USERS
    • User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that GMGN reserves the right, but has no obligation, to intercede in such disputes. You agree that GMGN will not be responsible for any liability incurred as the result of such interactions.
    • GMGN is not liable to you in connection with GMGN's or any third party's use of the Services to view such Connected Content that you have made publicly available. GMGN DISCLAIMS ANY LIABILITY FOR CONNECTED CONTENT, INCLUDING WITHOUT LIMITATION PERSONALLY IDENTIFIABLE INFORMATION, THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET. GMGN makes no effort to review any Connected Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and GMGN is not responsible for any Connected Content.

11. INDEMNIFICATION

You agree to indemnify and hold the GMGN Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of, or inability to use, any of the Services; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. GMGN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GMGN in asserting any available defenses. This provision does not require you to indemnify any of the GMGN Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to the Services.

12. ASSUMPTION OF RISK RELATED TO BLOCKCHAIN TECHNOLOGY

    In order to be successfully completed, any transaction involving Digital Assets initiated by or sent to your Wallet must be confirmed by and recorded on the blockchain supporting such Digital Asset. GMGN has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant blockchain and does not have the ability to facilitate any cancellation or modification requests. In addition, certain Ecosystem Partners may support complex financial transactions that entail a high degree of risk. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:

    • You (a) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet; (b) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Wallet; (c) know, understand and accept the risks associated with your Wallet; and (d) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to any Digital Assets you purchase or sell. You further agree that GMGN will have no responsibility or liability for, such risks.
    • The prices of Digital Assets can be extremely volatile. GMGN makes no warranties as to the markets in which Digital Assets are transferred, purchased, or traded.
    • You are solely responsible for determining what, if any, taxes apply to your transactions of Digital Assets. GMGN is not responsible for determining the taxes that apply to Digital Asset transactions.
    • GMGN does not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting blockchain, and so any transfer of Digital Assets occurs within the supporting blockchain and not in the Services. The transaction details you submit via the Services may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the blockchain used to process the transaction. Once transaction details have been submitted through your Wallet, GMGN cannot assist you to cancel or otherwise modify your transaction or transaction details. GMGN makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any Digital Asset.
    • There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that GMGN will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.
    • The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of Digital Assets.
    • GMGN makes no guarantee as to the functionality of any blockchain's decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain Digital Assets. You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of Digital Assets supported by that blockchain.
    • GMGN makes no guarantee as to the security of any blockchain. GMGN is not liable for any hacks, double spending, stolen Digital Assets, or any other attacks on a blockchain.
    • The Services rely on, and GMGN makes no guarantee or warranties as to the functionality of or access to, any third-party Wallet (such as MetaMask and Ledger) and Ecosystem Partners to perform any transactions.

13. DISCLAIMER OF WARRANTIES AND CONDITIONS
    • AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. GMGN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. GMGN PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. GMGN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GMGN OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    • NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT GMGN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GMGN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. GMGN MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GMGN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONNECTED CONTENT OBTAINED THROUGH THE SERVICES.
    • Notwithstanding anything to the contrary in these Terms of Service, GMGN shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to (i) the ownership, validity or genuineness of any Digital Asset; (ii) the collectability, insurability, effectiveness, marketability or suitability of any Digital Asset; or (iii) any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond GMGN's control, including without limitation the failure of a blockchain, third-party services provider, or Ecosystem Partner.

14. LIMITATION OF LIABILITY
    • DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL GMGN PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, ETHEREUM OR OTHER VIRTUAL CURRENCY, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT GMGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A GMGN PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GMGN PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GMGN PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • CAP ON LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, GMGN PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $1000; OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GMGN PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY A GMGN PARTY'S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY A GMGN PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
    • BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GMGN AND YOU.

15. TERM AND TERMINATION
    • The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
    • Termination of Services by GMGN. GMGN is free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of this Agreement. GMGN has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement. If we suspend your use of the Services, you may continue to access your Wallet directly or through other services not hosted by us. GMGN will not have any liability whatsoever to you for any suspension or termination.
    • Termination of Services by You. If you want to terminate the Services provided by GMGN, you may do so by ceasing your use of the Services. You may continue to access your Wallet directly or through other services not hosted by us.
    • All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
    • No Subsequent Use. If your ability to access the Services or any other GMGN community is discontinued by GMGN, then you agree that you shall not attempt to access the Services or any GMGN community through use of a different Wallet, Third-Party Account, member name or otherwise. In the event that you violate the immediately preceding sentence, GMGN reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

16. Governing Law;DISPUTE RESOLUTION
    • The execution, performance, effectiveness, interpretation and dispute resolution of the Agreement shall be governed by the laws of the British Virgin islands;
    • Any disputes, actions, or proceedings between you and GMGN arising out of or in any way related to this Agreement shall be referred to and finally settled by arbitration at the BVI International Arbitration Centre in accordance with the BVI International Arbitration Centre Rules (the “BVI IAC Rules”) in effect, which rules are deemed to be incorporated by reference into this Section 16.2. The arbitration tribunal shall consist of three (3) arbitrators appointed in accordance with the BVI IAC Rules. The language of the arbitration shall be English. When a dispute occurs and is under arbitration, except for the matters in dispute, both you and GMGN shall continue to fulfill your respective obligations and shall be entitled to exercise your rights under this Agreement. The award of the arbitration tribunal shall be final and binding upon both parties.
    • Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
    • Except as provided in Section 16.3 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
    • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with GMGN.

17. THIRD-PARTY SERVICES

    The Services may contain or in some cases, integrate with our Services, certain Third-Party Services. When you click on a link to or access or use a Third-Party Service, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of GMGN. GMGN is not responsible for any Third-Party Services. GMGN provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Services, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

18. REFERRAL PROGRAM

    The Referral Program offers Referrers the opportunity to receive certain Incentives for referring other Friends to register an account on the Service, if a Friend uses the Referrer's Referral Link. This Section 18, in addition to the foregoing terms in this Agreement and any Additional Referral Terms, shall govern the Referral Program.

    • Sharing Referral Links.

    (i) Referrals are personal and should only be sent to individuals that you personally know and must be used only for personal and non-commercial purposes. The sharing of Referral Links outside of your warm network of personal connections is strictly prohibited. Referral Links may not be published or distributed, including on commercial websites (such as coupon websites, Twitter, or Reddit) or on blogs. You are prohibited from "spamming" anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your Referral Link. You are prohibited from paying to advertise any Referral Link or paying or providing anything of value to any person to whom you direct a Referral Link or any other third party to obtain an Incentive.

    (ii) When sharing a Referral Link, you must always tell the Friend that you will be receiving an Incentive (and the nature of such Incentive) if such individual registers an account on the Services using your Referral Link and obtain the express consent of such Friend prior to sharing any Referral Link with such individual. You shall at all times remain compliant with all applicable laws, rules and regulations. You agree that all statements about GMGN and its products and services made by you will: (a) be truthful and accurate based on publicly available information and (b) be accompanied by a clear, conspicuous statement that any statements made reflect only your opinion and not those of GMGN. You agree to indemnify and hold harmless GMGN Parties from any and all damages, costs, claims, expenses and other liability (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach by you of this Section 18 (Referral Program).

    (iii) By permitting you to participate in the Referral Program, we are not authorizing you to make any statements on behalf of GMGN, our products and services, or the Referral Program, and all such statements are expressly disapproved by us.

    • Reservation of Rights. GMGN may suspend or terminate the Referral Program or your ability to participate in it at any time for any reason. For example, we reserve the right to review and investigate all referral activities, and to suspend access to the Services or revoke or void earned Incentives in our sole discretion if we notice any activity that we believe is abusive, fraudulent, in violation this Agreement or any Additional Referral Terms, or otherwise as we deem fair and appropriate. We also reserve the right to deactivate Referral Links or change the Incentives associated with the use of any Referral Link or Referral Program offer at any time for any reason. Without limiting the foregoing, GMGN reserves the right, in its sole discretion, to retroactively revoke or void any Incentive that it deems, in its sole discretion, to be procured (i) in violation of this Agreement, including without limitation, (1) not in accordance with the eligibility requirements and (2) via distribution through unauthorized channels or in violation of any applicable law, rule or regulation; or (ii) in association with content that GMGN deems offensive or inappropriate in its sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites or endorses hate or violence, is demeaning, disparages or damages the goodwill, reputation, or brand image of GMGN, or incites or endorses discrimination in any form.
    • Multiple Referrals. A referred individual may only use one Referral Link. If a referred individual receives Referral Links from multiple individuals, only the individual associated with the Referral Link actually used by the referred individual to sign-up for an account on the Services will receive Incentives for the referral.

19. GENERAL PROVISIONS
    • Electronic Communications. For contractual purposes, you (a) consent to receive communications from GMGN in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GMGN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
    • You hereby release GMGN Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Registered Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services.
    • The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without GMGN's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • Force Majeure. GMGN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at support@gmgnm.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    • International Users. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that GMGN intends to announce such Services or Content in your country. The Services are controlled and offered by GMGN from the British Virgin Islands. GMGN makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
    • Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.