Testnet Terms of Use

Dominant Strategies Inc.

Quai Testnet Terms of Use

Last Updated: September 18th, 2023

Dominant Strategies Inc. d/b/a Quai (“Quai,” “we,” “us,” or “our”) welcomes you. These terms of use (these “Terms of Use”) govern your access to the Quai Testnet (defined below) and the services and tools made available on the Quai Testnet (the “Services”).

Use of our digital wallet (the “Wallet”) is governed by our Wallet Terms of Use.

By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). We may update these Terms of Use from time to time, and if you access or use the Services after such modified changes go into effect, you will be deemed to agree to the modified terms. If you do not agree to any of these terms, then you are not permitted to access or use any Services.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

DESCRIPTION AND USE OF OUR SERVICES

The Quai Testnet is a proof-of-work blockchain testing platform provided as a free service by us for the purpose of enabling users (software developers, operators, miners, and others) to test the blockchain and our Services in a non-production environment. Subject to your acceptance and compliance with this Agreement, you may use the Quai Testnet solely for your personal use for our software testing and engineering purposes. The Quai Testnet is designed to improve the operational experience, security, and design of the Quai mainnet protocol and to expose potential issues and to improve participant experiences prior to the launch of the Quai mainnet.

We are under no obligation to accept any individual as a user of the Services, and may accept or reject any account registration in our sole and complete discretion. In addition, we may, but are not required to, deactivate any account at any time, including, without limitation, if we determine that you have violated these Terms of Use.

ELIGIBILITY

You may use the Services only if: (a) you are 18 years or older and capable of forming a binding contract with us; (b) you are not subject of sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including, but not limited to, the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or a citizen or organized or resident in a country or territory that is the subject of country-wide or territory-wide sanctions (including, without limitation, Cuba, Democratic People’s Republic of Korea, the Crimea, Donetsk, and Luhansk regions, Iran, or Syria); and (c) you are not barred from using the Quai Testnet under applicable law (the “Eligibility Requirements”).

By accessing and/or using the Services, you represent and warrant that you meet the Eligibility Requirements.

We may change or modify at any time the number of participants eligible to participate in the Quai Testnet or the eligibility requirements of the Quai Testnet and terminate any user’s participation at any time.

USE OF PERSONAL INFORMATION

Your use of the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

ACCESSING THE QUAI TESTNET

In order to access and test the Quai Testnet, please visit Github, run and download our network code for the Quai Testnet. Your access to and use of the Quai Testnet and Services is subject to any service specifications, including, but not limited to, the feature descriptions, product documentation, application or machine requirements, and support and security policies applicable to the Services from time to time, including any updates thereto (“Service Specifications”). You shall review these Service Specifications and use the Quai Testnet and the Services in accordance with the Service Specifications.

ACCOUNT

You need to register for an account to use the Quai Testnet and our Services (“Quai Testnet Account”). We may, at any time and in our sole discretion, discontinue your Quai Testnet Account(s). You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access the Quai Testnet Account. You shall not authorize any third party to access or use your Quai Testnet Account.

THIRD-PARTY CONTENT

Our Services may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Quai, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Quai, and Quai does not endorse such materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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COMMUNITY GUIDELINES

By accessing and/or using the Services, you agree to comply with the following community guidelines (the “Community Guidelines”):

You will comply with all applicable laws relating to your use of the Services and will not use the Services for any unlawful, deceptive, or fraudulent purpose;
You will not access or use the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services;
You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
To the extent you utilize any robot, spider, scraper, or other automated means to access the Services in violation of the foregoing, you hereby allow us to, with or without notice to you, employ any technical safeguards or other means to block such activities, including, without limitation, blocking your access to the Services entirely;
You shall not use the Services: (i) for live deployment or creation of applications, tokens or transactions as though it were a production or similar environment; (ii) to conduct or accept token transfer transactions for value; (iii) for commercial purposes; (iv) to develop or test any code, software, or other systems and applications that are related to or implicated in any illegal, abusive, offensive, or inappropriate (in our opinion) activity or organization; (v) to rent, lease, loan, trade, sell, re-sell, or otherwise monetize any tokens in any manner; or (vi) to create any non-temporary token, or conduct or promote any token sale or initial coin offering for value or other similar conduct;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will not take any action that otherwise involves or results in the wrongful seizure or receipt of any digital assets, including purchase or sale of digital assets by illegal means.

We reserve the right, in our sole and absolute discretion, to deny you access to the Services, for any reason with or without notice. We may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your account for the Services.

SERVICE RELATIONSHIP AND TOKEN AWARD SUPPLEMENT

The extent you receive tokens, the Service Relationship and Tokens Award Supplement shall apply which is yet to be released.

INTELLECTUAL PROPERTY

In accordance with the terms and conditions of these Terms of Use, Quai agrees to grant you a limited, royalty-free, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Quai Testnet for testing and engineering purposes.

We retain all right, title and interest and in and to (i) the Quai Testnet; (ii) all improvements and modifications to, and derivative works of, the Quai Testnet; and (iii) all intellectual property rights relating to the foregoing. You do not obtain any rights to the Quai Testnet , except for the limited right to access and use the Quai Testnet as expressly permitted herein.

The trademarks, service marks, and logos of Quai (the “Quai Trademarks”) are registered and unregistered trademarks or service marks of Quai. Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Quai Trademarks, without our prior written permission specific for each such use. Use of the Quai Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Quai Trademarks inures solely to our benefit.

Elements of the Quai Testnet are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.

CONFIDENTIALITY; FEEDBACK

Given the public nature of blockchain technology, anything that you deploy in the Quai Testnet is potentially visible to any person. You shall ensure that you only enter data onto the Quai Testnet that is permitted to be disclosed publicly and is not confidential or subject to any privacy or confidentiality obligation or undertaking.

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. When you provide us with any comments, bug reports, feedback, feature requests, enhancements, or modifications proposed or suggested by you related to the Services (collectively, “Feedback”), such Feedback is provided on a non-confidential basis, and we shall have the right to use such Feedback at our discretion as stated herein.

You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense through multiple tiers, under any and all intellectual property rights that you own or control to make, have made, import, export, use, copy, modify, create derivative works based upon, distribute, display, perform, and otherwise exploit the Feedback for any purpose, in any form, format, media, or media channels now known or later developed or discovered without compensation or attribution to you.

UPDATES

We may make any improvement, modifications or updates to our Quai Testnet, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of our Quai Testnet are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although we are not obligated to monitor access to, or participation in, the Quai Testnet, we have the right to do so for the purpose of operating the Quai Testnet, to ensure compliance with the Terms, and to comply with applicable law or other legal requirements.

THIRD PARTY SERVICES

We may share identifying information and documentation with certain vendors or third-party providers, which provide identity verification and sanctions and watchlist screening services (the “Third-Party Services”). You agree that your access and use of such Third-Party Services is governed solely by the terms and conditions of such Third-Party Services, and we are not responsible or liable for, and make no representations as to any aspect of, such Third-Party Services, including, without limitation, their content or the manner in which they handle, protect, manage, or process data or any interaction between you and the provider of such Third-Party Services. You irrevocably waive any claim against us with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such Third-Party Services, or your reliance on the privacy practices, data security processes, or other policies of such Third-Party Services.

SUPPORTING INFORMATION.

We may require any person or corporate entity to provide any supporting information, including but not limited to, national ID card, license, phone number, passports and business registration certificates (“Supporting Documents”) and/or to go through any form of identity authentication, verification, or due diligence processes as we deem appropriate, before enabling any user to access the Quai Testnet or as a condition to continuing to access or use the Services. Our use of personal information incorporated into any Supporting Documents shall be subject to our Privacy Policy.

DISCLAIMERS; LIMITATIONS OF LIABILITY

BY USING THE QUAI TESTNET AND THE OTHER SERVICES, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE QUAI TESTNET AND THE OTHER SERVICES IS ENTIRELY AT YOUR SOLE RISK.

THE QUAI TESTNET IS A NETWORK UNDER TEST AND IS NOT THE FINAL, MAINNET VERSION OF THE NETWORK. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE TESTNET NETWORK IS IN TEST FORM, MAY NOT OPERATE PROPERLY, AND MAY CONTAIN ERRORS, DESIGN FLAWS, OR OTHER ISSUES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THEY WILL OPERATE ERROR-FREE, THAT THE SERVICES, OR OUR SERVERS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE SERVICES, AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) YOUR ACCESS TO, OR USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO, OR USE OF, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE OR COMPLETE; (IV) THE SERVICES OR ANY CONTENT, OR FEATURES MADE AVAILABLE ON OR THROUGH THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.

WE HAVE MADE NO PROMISES OR GUARANTEES WITH RESPECT TO DELIVERY OF ANY FUTURE FEATURES OR FUNCTIONS. ANY DISCUSSIONS OF ANY FUTURE FEATURES OR FUNCTIONS, EITHER PRIOR TO OR FOLLOWING THE AGREEMENT TO THESE TERMS, ARE FOR INFORMATIONAL PURPOSES ONLY, AND WE HAVE NO OBLIGATION TO PROVIDE ANY SUCH FEATURES OR FUNCTIONS. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY STATEMENT, PROMISE, ASSURANCE, OR WARRANTY THAT IS NOT SET OUT IN THE TERMS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, WE SHALL NOT BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE ACCESS AND USE OF THE SERVICES, OR THE INABILITY TO ACCESS AND USE THE SERVICE, OR (II) DIRECT DAMAGES IN EXCESS OF AN AMOUNT EQUAL TO ONE HUNDRED DOLLARS ($100), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ASSUMPTION OF THE RISK RELATING TO BLOCKCHAIN

YOU ACCEPT AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS, OR DELAYS YOU MAY EXPERIENCE WHEN USING ANY DECENTRALIZED NETWORK, HOWEVER CAUSED. UPGRADES TO ANY SUCH DECENTRALIZED NETWORK, OR A CHANGE IN HOW TRANSACTIONS ARE CONFIRMED ON SUCH DECENTRALIZED NETWORK, MAY HAVE UNINTENDED, ADVERSE EFFECTS ON ALL BLOCKCHAINS USING SUCH DECENTRALIZED NETWORK.

WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF ANY DECENTRALIZED NETWORK, INCLUDING, BUT NOT LIMITED TO, LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE DECENTRALIZED NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY DECENTRALIZED NETWORK, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; OR (III) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST ANY DECENTRALIZED NETWORK.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) breach of any of your representations, warranties, or other obligations under these Terms of Use; (ii) your use or misuse of the Services; and (iii) your gross negligence or willful misconduct. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States. We make no claims concerning whether any content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to terminate these Terms or Use and/or restrict, suspend, or terminate your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

BINDING ARBITRATION

Subject to Section 21 below, in the event of a dispute arising under or relating to these Terms of Use (“Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside, or, if you reside outside of the United States, the arbitration shall take place in New York, New York. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights or confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

MISCELLANEOUS

These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. Proceedings commenced by us to protect our intellectual property or confidential information shall be brought in the state or federal courts located in the State of New York.

If the Agreement is terminated, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Confidentiality; Feedback,” “Disclaimers; Limitations of Liability,” “Assumption of the Risk Relating to Blockchain,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

Our failure to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms of Use, together with our Privacy Policy constitutes the entire agreement between you and us, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and us, with respect to the subject matter hereof. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. These Terms of Use may be updated by us from time to time, with reasonable notice to you, including via transmission of such updated terms via electronic means.