$KSKD Token Terms & Conditions.

1.1 Purpose of these Terms

These Token Terms and Conditions ("Terms") constitute a legally binding agreement between:

• POW Incentives S.A. (the "Platform Operator");
• The issuing entity of the $KSKD Token (the "Token") and provider of the associated services;
• Any individual or entity that acquires, holds, transfers, or otherwise interacts with the Token (each a "Token Holder").

By acquiring, holding, transferring, or using the Token, the Token Holder expressly acknowledges and agrees to be bound by these Terms. If the Token Holder does not accept these Terms, they must immediately cease any use, holding, or transaction involving the Token.

1.2 Nature and scope of these Terms

• These Terms govern the rights, responsibilities, and obligations of the Token Holder with respect to the Token and the Kaskad Platform available at kaskad.app (the "Platform").
• The Platform Operator does not guarantee its future utility, value, or availability.
• These Terms apply to Token transactions, including any transfer, exchange, or interaction involving the Token on a Third-Party Blockchain Network, as outlined in Section 6 (Token Transactions and Transfers).
• The Token shall be understood as a utility token and is offered solely for the on-platform functions described herein. It is not marketed by the Platform Operator as a financial instrument or security; however, regulatory classification may differ across jurisdictions and could change over time. Token Holders are responsible for complying with any laws that may apply to them.
• The Token does not confer, nor shall it be construed as conferring, any rights of ownership, equity, debt, profit participation, or entitlement to revenue or any other form of financial return from the Platform Operator or its affiliates.
• These Terms apply to the Token Holder responsibilities including the legal and security obligations, private key management, compliance with applicable laws, and transaction verification, as described in Section 7 (Token Holder Obligations and Responsibilities).
• The Platform Operator reserves the sole and reasonable discretion, acting in good faith and in line with on-chain governance outcomes, to modify, amend, restrict, or discontinue the utility and functionality of the Token at any time.

1.3 Legal binding nature

By acquiring, holding, or transacting with the Token, the Token Holder acknowledges and agrees that:

• These Terms Are Legally Binding: these Terms constitute a binding contract between the Token Holder and the Platform Operator. The Token Holder waives any defense that these Terms are unenforceable or non-binding.
• The Platform Operator Has Discretionary Rights: the Platform Operator may amend these Terms or discontinue the Platform or Token at any time, as further described in Section 11. The Token Holder assumes all risks of changes to the Token, as described in Section 8.
• No Guarantee of Utility or Value: the Token is not an investment and the Platform Operator makes no representations or warranties regarding its value, market price, or liquidity. The Token Holder may lose some or all value of their Tokens due to market fluctuations or discontinuation of the Platform.

1.4 Eligibility to hold the Token

The Platform and Token are intended for commercial purposes only. The Token Holders represent and warrant that:

• They Are Not a Consumer: the Token is not intended for consumers. Token Holders acknowledge that they acquire and use the Token for professional or commercial purposes only. No consumer rights apply unless they are mandatory under the Token Holder’s jurisdiction; nothing in these Terms shall be interpreted as voluntarily granting consumer rights.
• No Implied Warranties or Guarantees: the Platform Operator expressly disclaims any implied warranties, including merchantability, fitness for a particular purpose, or non-infringement.
• Compliance with Applicable Laws: the Token Holder is solely responsible for determining the legality of acquiring, holding, or using the Token in their jurisdiction.
• They Understand and Accept the Risks: the Token Holder has reviewed and accepts the technological, regulatory, security, and financial risks associated with decentralized networks, as detailed in Section 8.
• They Are Not a Restricted Person: the Token Holder is not a citizen, resident, or domiciliary of any jurisdiction where the Token is restricted, prohibited, or subject to licensing requirements. The Token may not be used by individuals or entities subject to sanctions administered by OFAC, the EU, UK HMT, UN, or other applicable authorities.

3.1 Purpose of the Token

The Token is designed solely as a cryptographic utility token and governance coordination token for use within the Platform. Its functions are limited to activity-based participation, bounded governance, and protocol-level coordination.

• Governance: eligible Voters may participate in bounded on-chain governance decisions concerning predefined technical and incentive parameters of the protocol. Governance cannot reduce core safeguards below contract-encoded floors, and cannot create any right to revenue, profit, or price support.
• Incentive Access Key: liquid-staking $KSKD grants eligibility to qualify for protocol activity incentives distributed through the Protocol Incentives Module and Milestone Incentives Module. These allocations are technical, participation-based, and do not represent yield, interest, or investment returns.
• Protocol Coordination: the Token enables coordination of protocol resources and supply calibration within bounded governance ranges, including recycling unused emissions to the DAO Treasury Pool or Supply Adjustment Mechanism.

3.2 Fixed supply

The total supply of the Token is permanently fixed at 1,000,000,000 KSKD at deployment. No future minting, inflation, or variable issuance is permitted. Any migration shall preserve fixed supply and shall not create additional Tokens.

3.3 Treasury architecture (non-entitlement)

All protocol-generated resources and unused emissions are routed automatically to two immutable on-chain vaults:

• DAO Treasury Pool (65%) governed by Voters for protocol-related incentives and ecosystem purposes only; and
• Operational Treasury (35%) mandated for audits, infrastructure, compliance, integrations, and maintenance.

Token Holders have no entitlement to treasury assets; no profit distribution exists.

4.1 No ownership or equity rights

Holding the Token does not confer upon the Token Holder any ownership, equity, or proprietary rights in the Platform Operator, the Platform, or any affiliated entities.

• No Shareholding or Membership Interest: the Token does not constitute stock, shares, membership interest, or any other equity instrument in the Platform Operator.
• No Corporate Governance Rights: the Token Holder has no authority to appoint, remove, or influence the directors, officers, or employees of the Platform Operator.
• No Dividends or Profit Sharing: the Token Holder is not entitled to any dividends, profit distributions, interest payments, or other financial returns from the Platform Operator. The Platform Operator is not obligated to repurchase or redeem Tokens, even if the Platform ceases operations.
• No Claim to Platform Operator Assets: the Token Holder has no legal or financial claim to any assets, reserves, or intellectual property owned by the Platform Operator. In the event of liquidation, insolvency, or dissolution, Token Holders shall have no rights to recover funds, residual assets, or compensation.

4.2 No rights to profits, revenue, or assets

• The Token Has No Intrinsic Value: the Token is issued solely for use within the Platform and does not have any inherent value outside its designated utility.
• The Token Is Not an Investment Product: the Token is not a financial instrument, investment contract, security, or derivative. Holding Tokens does not create an expectation of profit, capital appreciation, or financial gain.
• The Platform Operator Makes No Value Guarantees: the Platform Operator does not guarantee liquidity, secondary market availability, or price stability for the Token. The Token Holder may be unable to sell, exchange, or transfer the Token for any value at any time.

4.3 No liability for Platform changes or Token discontinuation

• No Compensation for Changes or Discontinuation: if the Token is discontinued, the Token Holder shall not be entitled to any refunds, compensation, or alternative benefits.
• No Responsibility for Market Conditions: the Platform Operator is not responsible for secondary market fluctuations or changes in liquidity for the Token.

5.1 Communication of amendments

The Platform Operator shall use commercially reasonable efforts to notify Token Holders of material changes to the Token’s purpose or utility by:

• Posting Updates on the User Interface: amendments shall be published via the official user interface or Platform communication channels.
• Using Blockchain-Based Announcements: notifications may be issued through on-chain governance proposals or blockchain-based alerts.
• Providing a Transition Period (If Feasible): where practicable, the Platform Operator may allow a reasonable transition period before implementing significant modifications. A minimum notice period of 60 days will be given for non-emergency changes.
• Emergency Responses: prior notice may not be feasible for severe bugs or system failures, fraudulent or malicious activity, or urgent legal injunctions. In such cases, the Platform Operator will provide retrospective justification and post-change notification via official channels.

5.2 Risks associated with amendments

The Platform Operator will use reasonable efforts to minimize any adverse effects on Token Holders resulting from amendments, including, where appropriate, by facilitating a transition period or implementing alternative solutions. Any amendment that alters the characteristics, utility or purpose of the Token shall be carefully assessed.

6.1 Operation on Third-Party Blockchain Networks

The Platform operates on a Third-Party Blockchain Network, which means Token Holders retain full control and responsibility over their assets and transactions:

• Wallet Connection Requirement: Token Holders must connect a compatible blockchain wallet capable of interacting with EVM-compatible smart contracts on the Igra Network (Kaspa Layer-2) and any other supported Third-Party Blockchain Networks. Currently supported wallets: Metamask, OKX, Phantom, Kastle, Kasperia, Coinbase Wallet, Rabby Wallet, Browser Wallet, WalletConnect.
• No Custodial Services: the Platform Operator does not provide custodial services, does not store assets, and cannot recover credentials for any Tokens. Token Holders remain solely responsible for securing their wallets, private keys, and recovery phrases.
• No Asset Management: all Tokens are managed directly by the Smart Contracts on the Third-Party Blockchain Network.
• No Credential Recovery: the Platform Operator has no ability to recover lost or compromised private keys.
• No Network Guarantee: the Platform Operator disclaims all liability for the success, failure, or outcome of any Token transaction conducted through the Platform.

6.2 Security and private key management

• Full Responsibility for Private Key Security: the Token Holder must implement appropriate security measures to protect their private keys and recovery phrases. If a private key is lost, stolen, or compromised, the Tokens associated with that key may be permanently inaccessible.
• No Recovery or Reversal of Unauthorized Transactions: the Platform Operator cannot reverse, cancel, or refund any transactions involving Tokens, including in cases of hacking, phishing, wallet exploits, accidental transfers, or incorrect transaction details.
• Verification Duty: the Token Holder must verify all transaction details before approving any transfer of Tokens.

7.1 Compliance with Applicable Laws

By acquiring, holding, or transacting with the Token, the Token Holder expressly represents and warrants that they:

• Are Legally Eligible to Hold Tokens: the Token Holder is not prohibited by any law, regulation, or governmental authority from acquiring, holding, or using Tokens.
• Comply with AML and CTF Regulations: the Token Holder shall not engage in any unlawful, fraudulent, or abusive activities involving the Token — including unlicensed financial services, market manipulation, or fraudulent trading practices.
• Do Not Circumvent Security Measures: attempting to hack, exploit, or interfere with the Platform, Smart Contracts, or governance mechanisms is strictly prohibited.
• Do Not Impersonate or Defraud: claiming to represent the Platform Operator or misrepresenting Tokens as an investment, security, or financial instrument is strictly prohibited.

7.2 Duty to stay informed

• Understanding Smart Contract Risks: the Token Holder acknowledges that Smart Contracts may contain vulnerabilities and should independently assess any risks before interacting with the Token.
• Reviewing and Accepting Amendments: the Token Holder agrees to review and abide by all modifications to these Terms. If the Token Holder disagrees, they must cease using, holding, or transacting with the Token.

8.1 Technological risks

• Smart Contract Vulnerabilities: Smart Contracts may contain bugs, security vulnerabilities, or exploits. The Platform Operator does not warrant their security or flawless operation.
• Blockchain Network Failures: the Token exists on a Third-Party Blockchain Network that may experience downtime, congestion, forks, or rollbacks.
• Oracle Risks: Oracles may be subject to delays, inaccuracies, manipulation attempts, outages, or model changes, which may result in unexpected liquidations, mispriced collateral, or altered incentive outcomes.
• Transaction Irreversibility: once a Token transaction is confirmed on the blockchain, it cannot be reversed, canceled, or modified.
• Transaction Fee Volatility: Token transactions require fees that may fluctuate significantly based on network demand.
• Phishing, Malware, and Exploits: Token Holders may be targeted by malicious actors using phishing, wallet exploits, or fraudulent websites.

8.2 Financial risks

• Market Volatility: the Token is subject to extreme market price fluctuations. The Platform Operator makes no guarantees regarding price, stability, liquidity, or value. Secondary trading via third-party exchanges may present additional risks of operational failure, fraud, or market manipulation.
• Liquidity Risks: there is no guarantee that the Token will be tradeable, exchangeable, or have a liquid market.
• Loss of Value: the Token may become illiquid, deprecated, or worthless due to changes in governance, platform discontinuation, or external market conditions. The Token Holder assumes the full risk of losing the entire value of their Tokens.

8.3 Regulatory and legal risks

• Uncertain Regulatory Landscape: the regulatory status of the Token may change at any time based on new laws, government actions, or legal interpretations.
• Potential Legal Restrictions: the Token may become restricted, banned, or subject to regulatory action in certain jurisdictions. Classification may vary across jurisdictions, potentially triggering licensing requirements. The Token Holder bears sole responsibility for addressing such consequences.

8.4 Platform risks

• Changes to the Platform: the Platform Operator reserves sole discretion to modify, discontinue, or restructure the Platform.
• Platform Discontinuation: if the Platform ceases operations, the Token may lose all utility and value. The Platform Operator shall not be liable for compensation, refunds, or damages.

8.5 Acknowledgment of total risk assumption

The Token Holder waives all claims against the Platform Operator for losses incurred due to market fluctuations, regulatory changes, blockchain vulnerabilities, and security threats. To the maximum extent permitted by law, Token Holders agree to indemnify and hold harmless the DAO (if any), its multisig signers and affiliated developers from any claims arising out of Platform use, except in cases of gross negligence, wilful misconduct or fraud.

9.1 Role of the Token in governance

• The Token serves as a governance token within the Platform and as a facilitator to Kaskad Governance, allowing Token Holders to participate in certain on-chain governance decisions through a decentralized voting mechanism.
• Governance participation is limited to decisions affecting the Kaskad Governance Smart Contracts (including governance, incentives, and treasury modules deployed on the Igra Network) and the protocol’s ecosystem parameters.
• Holding Tokens does NOT grant any rights over the Platform Operator, its corporate governance, financial management, or decision-making.

9.2 Eligibility to participate in governance (Voters)

Governance participation is granted only to Token Holders who qualify as Voters, meaning participants who simultaneously meet the following conditions:

• Active Liquidity Position: maintaining an active protocol position by supplying and/or borrowing liquidity, satisfying the qualification as a TVL Participant.
• Liquid Staking Commitment: depositing a portion of $KSKD into the liquid staking pool to signal long-term alignment. The proportional stake value contributes to the participant’s Loyalty Score, which compounds across time.
• Governance Activity Record: the cumulative total of validated votes across all epochs contributes permanently to the participant’s overall Voting Score, reflecting long-term governance consistency.

A Token Holder who does not meet all conditions is not eligible to submit or vote on governance proposals. Passive holding of Tokens alone does not confer governance eligibility.

9.3 Scope of governance participation

Governance powers are strictly limited to the adjustment of predefined technical and incentive parameters only within fixed, on-chain floors and ceilings encoded in the governance Smart Contracts (the "Parameter Bounds"). Governance participation may include voting on:

• Protocol Upgrades and Technical Parameters: proposals to upgrade, patch, or otherwise modify governance-scoped Smart Contracts and technical protocol parameters (including risk controls, integration settings, and Oracle configurations or models used for collateral valuation, liquidation triggers, and incentive calculations).
• Emission Split Ratio: adjusting the ratio of Token emissions between liquidity suppliers and liquidity users solely within the Parameter Bounds encoded on-chain.
• Eligibility Parameter Adjustments: modifying minimum requirements for participation (supplier-side and borrower-side eligibility thresholds) solely within the Parameter Bounds and non-waivable minimums.
• Unused Emissions Reallocation: determining the split of undistributed emissions between future activity-based incentives and any protocol supply-adjustment or recycling mechanism.
• Kaspa Core Support Allocation: allocating protocol fees to the Kaspa Core Support wallet (or equivalent ecosystem support mechanism) solely within the Parameter Bounds.
• Governance Framework Adjustments: proposals to modify governance procedures and mechanics within the Governance Scope, including proposal categories, voting epochs, snapshot procedures, vote-weighting logic, quorum/threshold requirements, timelocks, and review or challenge windows.

9.4 Voting process and rules

• Proposal Submission: only Voters may submit governance proposals. Proposals must comply with the technical submission requirements prescribed by the Governance Smart Contracts.
• Snapshot and Vote-Lock: voting power is calculated at a defined snapshot time. Tokens and/or protocol positions used to determine voting power may be required to remain locked for the duration of the voting epoch.
• Voting Weight: voting weight is determined by the Voter’s qualifying on-chain participation, which may include liquid-staked $KSKD and active protocol positions. The weighting methodology may be time-weighted or participation-weighted to reflect sustained engagement.
• Quorum and Thresholds: a proposal is valid only if it meets the minimum quorum and approval thresholds encoded in the Governance Smart Contracts.
• Timelock and Review / Challenge Window: successful proposals are subject to an on-chain timelock delay prior to execution and may include a review or challenge window for technical or compliance assessment.
• Execution and Boundedness: proposals that satisfy quorum and approval requirements are executed automatically. Any proposal that exceeds the Governance Scope or Parameter Bounds is void and will not be executed.
• Transparency: all votes, results, and executed outcomes are recorded on-chain and are publicly verifiable.

9.5 Platform Operator’s role in governance

The Platform Operator does not have unilateral control over governance votes but retains limited oversight in specific cases:

• Technical and Security Oversight: the Platform Operator may delay or block the execution of proposals that pose a technical, security, or operational risk.
• Regulatory and Compliance Restrictions: if a governance decision conflicts with applicable laws, regulations, or compliance requirements, the Platform Operator may intervene.

9.6 No obligation to implement unfeasible proposals

The Platform Operator is not required to implement governance decisions that are:

• Technically unfeasible.
• Legally non-compliant.
• Operationally impractical or harmful to the Platform’s integrity.

9.7 Token Holder acknowledgment

• Voting Power Does Not Equal Ownership: governance participation is limited to ecosystem decisions and does not grant corporate governance rights.
• Proposals May Not Be Implemented: even if a governance vote is successful, execution may be subject to technical feasibility and legal compliance.
• Governance Rules May Change: the governance framework may be modified over time, and Token Holders must comply with new governance structures.

9.8 No liability for governance decisions

• Unsuccessful or Controversial Proposals: if a governance decision leads to unexpected consequences or financial losses, the Platform Operator is not responsible.
• Execution Failures: if a governance decision fails due to technical constraints, Smart Contract errors, or network conditions, the Platform Operator bears no liability. Oversight is preventive only and does not create any warranty or liability.
• Disputes Between Token Holders: the Platform Operator does not mediate disputes between Token Holders regarding governance proposals or voting outcomes.

10.1 No liability for market risks

The Platform Operator shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from trading losses or unsuccessful investments. The Token is not an investment product, and the Token Holder assumes all financial risks. The Platform Operator does not provide investment, financial, or trading advice.

10.2 No liability for technological failures or security breaches

The Platform Operator disclaims all liability for damages, losses, or disruptions resulting from blockchain network failures or smart contract errors. Third-Party Blockchain Networks may experience network congestion, downtime, forks, or security vulnerabilities outside the Platform Operator’s control.

10.3 No liability for regulatory changes or compliance issues

• Regulatory Actions or Legal Prohibitions: the Token’s legal and regulatory status may change, potentially affecting its transferability, utility, or taxation.
• Tax Liabilities and Reporting Obligations: the Platform Operator does not collect, report, or withhold taxes on behalf of Token Holders. Token Holders are solely responsible for determining and fulfilling any tax obligations.

10.4 Platform Operator’s role and limitations

• The Platform Operator provides the Platform and Token "as is" and makes no warranties or guarantees.
• The Stability or Utility of the Token: the Token’s functionality may change or be discontinued.
• The Suitability of the Token for Any Purpose: the Platform Operator makes no warranties that the Token is suitable for any specific purpose beyond its intended use.

10.5 No indirect, consequential, or special damages

The Platform Operator shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including: loss of profits or revenue; loss of data, business, or opportunity; loss of use of the Token or the Platform; reputational harm — even if the Platform Operator has been advised of the possibility of such damages.

11.1 Binding effect of amendments

• Amendments Are Legally Binding: any modifications to these Terms shall be binding upon all Token Holders from the effective date. Continued holding or use of the Token after an amendment constitutes acceptance of the revised Terms.
• No Approval Required: the Platform Operator has no obligation to seek prior approval from Token Holders before amending these Terms. Governance votes may be held on amendments where applicable, but the Platform Operator retains final discretion over legal and compliance-related changes.
• Token Holders Must Review Amendments Regularly: the Token Holder is responsible for staying informed about amendments and updates.

11.2 Notification of amendments

• Publication on the User Interface: the latest version of these Terms will be made available through the User Interface.
• Blockchain-Based Announcements: major updates may be announced through on-chain messages, governance proposals, or blockchain alerts.
• Official Communication Channels: notices may be shared via the Platform’s website, social media accounts, or community forums.
• No Obligation for Direct Notifications: the Platform Operator is not required to notify Token Holders via direct messages, email, or personal communication.

11.3 Effective date of amendments

• Immediate Effect Unless Otherwise Stated: amendments take effect immediately upon publication unless a later effective date is specified.
• Right to Cease Use: if a Token Holder does not agree with an amendment, they must cease all use, transactions, and holdings of the Token. Continued use constitutes irrevocable acceptance.

11.4 No liability for amendments or discontinuation

To the maximum extent permitted by applicable law, the Platform Operator shall not be liable for changes to Token utility or governance, market or financial losses due to amendments, discontinuation of the Token or Platform, or a Token Holder’s failure to review or comply with amended Terms.

12.1 Governing law

These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of law provisions. Any dispute arising from or related to these Terms shall be resolved through arbitration in accordance with the provisions of this section.

• No Application of Consumer Protection Laws: the Token is intended for professional use only. Nothing in these Terms excludes any mandatory consumer rights that apply under the law of a Token Holder’s habitual residence.
• No Extraterritorial Jurisdiction: the Platform Operator is not subject to regulatory, tax, or legal obligations outside of the British Virgin Islands, except where required by applicable law.

12.2 Amicable resolution efforts

Before initiating arbitration, the parties shall attempt to resolve disputes through good-faith negotiations. A party seeking to resolve a dispute must provide written notice to the other party detailing the nature of the dispute and the relief sought. The parties shall have thirty (30) days to attempt resolution. If the parties fail to reach a resolution within thirty (30) days, the dispute shall be referred to binding arbitration.

12.3 Binding arbitration

Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be referred to and finally resolved by arbitration under the LCIA Rules of International Arbitration, which Rules are deemed to be incorporated by reference. The arbitration shall be conducted by a single arbitrator appointed in accordance with the LCIA Rules. The seat of arbitration shall be London, United Kingdom. The language shall be English. Proceedings shall be conducted via electronic means of communication.

12.4 Arbitration costs

• Initial Costs Borne by the Initiating Party: the party initiating arbitration shall bear all initial costs, including filing fees and arbitrator compensation.
• Final Cost Allocation: the arbitrator may apportion costs between parties based on the outcome.
• Legal Fees and Expenses: each party shall bear its own legal fees, expert costs, and expenses, regardless of the outcome.

12.5 Injunctive relief and interim measures

The arbitrator has the authority to issue interim measures or injunctive relief to preserve the status quo or prevent imminent harm.

12.6 Finality and enforceability of arbitration award

• Binding and Final Award: the arbitration award shall be final and binding on both parties.
• Enforceability in Other Jurisdictions: any arbitral award may be enforced in courts of competent jurisdiction under applicable international arbitration treaties.

12.7 No class actions

• Waiver of Class, Collective, and Representative Actions: the Token Holder agrees to resolve disputes individually and waives all rights to participate in class actions, collective arbitrations, or representative proceedings.
• Severability of Class Action Waiver: if a court determines that the class action waiver is unenforceable, the remainder of this Section shall remain in full force and effect.

12.8 Limitation period for claims

Any claim, dispute, or cause of action under these Terms must be filed within one (1) year of the event giving rise to the claim. Failure to bring a claim within this period shall permanently bar the claim.

12.9 Survival of arbitration clause

This arbitration clause shall survive termination, amendment, or discontinuation of these Terms, the Token, or the Platform.

13.1 Entire agreement

These Terms, together with any other policies officially published by the Platform Operator, constitute the entire agreement between the Token Holder and the Platform Operator regarding the Token. They supersede all prior agreements, representations, and understandings, whether written or oral. No other warranties, promises, or assurances, whether express or implied, shall be binding unless expressly incorporated.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remainder of the Terms shall remain in full force and effect. A valid and enforceable provision that closely reflects the original intent shall replace the invalid provision.

13.3 No waiver

• Failure to Enforce Rights Is Not a Waiver: the failure of the Platform Operator to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Waiver Must Be Express and in Writing: any waiver of rights or provisions must be explicitly stated in writing to be valid.

13.4 Force majeure

The Platform Operator shall not be liable for failure or delay in performance due to events beyond its reasonable control, including natural disasters, acts of war, terrorism, cyberattacks, government-imposed restrictions, blockchain network failures, protocol exploits, or smart contract vulnerabilities. If a force majeure event occurs, the Platform Operator shall take reasonable steps to mitigate its impact but shall have no obligation to compensate Token Holders beyond any remedies mandated by applicable law.

13.5 Notices and communications

The Platform Operator may provide notices, updates, or amendments via the User Interface, official blockchain-based announcements, or other designated communication channels. Any notices required from a Token Holder must be sent through the Platform Operator’s designated contact method. Notices shall be deemed effective upon publication on the User Interface or via blockchain announcements.

13.6 No partnership or agency

Nothing in these Terms creates a partnership, joint venture, agency relationship, or similar association between Token Holders and the Platform Operator.

13.7 No fiduciary duties

The Platform Operator owes no fiduciary duties to Token Holders. All interactions with the Token occur on a voluntary, self-directed basis.

13.8 No third-party beneficiaries

These Terms create rights and obligations only between the Token Holder and the Platform Operator. No third party shall have any legal or equitable rights under these Terms.

13.9 Value expectations

No statement made by the Platform Operator, contributors, or community members shall be construed as creating an expectation of Token value, appreciation, financial return, or market performance.

13.10 Assignment and transfer restrictions

• Token Holder’s Restrictions: the Token Holder may not assign or transfer any rights or obligations under these Terms without prior written consent from the Platform Operator.
• Platform Operator’s Rights: the Platform Operator may freely assign its rights and obligations under these Terms to an affiliated entity, a successor, or a legal transferee, without requiring Token Holder consent.

13.11 Interpretation of these Terms

• Headings for Convenience Only: section headings are provided for reference only and shall not affect interpretation.
• No Presumption Against Drafter: no provision shall be interpreted against the Platform Operator as the drafter of these Terms.
• English Language Controls: if these Terms are translated into another language, the English version shall prevail in case of discrepancies.

13.12 Acknowledgment of acceptance

By acquiring, holding, or transacting with Tokens, the Token Holder expressly acknowledges that they have read and understood these Terms, that they are legally bound, and that they waive any claim of not having been informed about these Terms or their amendments.

14.1 Information you provide

• Account Information: blockchain wallet addresses, usernames, passwords (where applicable), and profile-related details such as preferences and account settings.
• Communications Data: information shared through customer support inquiries, emails, and social media interactions.
• User-Generated Content: any content uploaded, submitted, or shared on the Platform, including profile, messages, comments, and feedback.
• Payment Information: when applicable, Token Holders may provide financial details related to transactions carried out on the Platform.

14.2 Information collected automatically

• Device Information: device type, operating system, browser type, IP address, and unique device identifiers.
• Usage Data: page visits, features used, referral sources, and navigation paths.
• Transaction Data: timestamps, token amounts, and smart contract interactions.
• Cookies and Tracking Technologies: cookies and other tracking mechanisms used to collect data and improve user experience.

14.3 Information from third-party sources

• Blockchain Networks: publicly available data related to blockchain interactions.
• Analytics Providers: aggregated data insights regarding Platform usage trends and performance.
• Marketing Partners: information provided through promotional campaigns or referral programs.
• Customer Due Diligence (KYC/AML): privately obtained personal information of the Token Holder, retained for 5 years in accordance with AML compliance requirements.

Legal basis under GDPR / Data Act: Article 6(1)(f) GDPR (EU) — legitimate interest in ensuring the proper functioning of the Platform. Data is retained only as long as necessary.

14.4 Third-party sub-processors

The Platform may share user personal data with third-party service providers strictly for the purpose of ensuring functional services. GDPR compliance is maintained through Standard Contractual Clauses (SCCs) and Data Processing Agreements (DPAs) with all sub-processors. These service providers are contractually obligated to use the information solely for providing services to us and must implement security measures to protect the data.

14.5 International data transfers

Data collected on the Platform may be stored in internal systems or databases solely for the specified purposes. Some service providers may operate outside the European Economic Area (EEA). Transfers may rely on adequacy decisions where available, or otherwise on appropriate safeguards such as SCCs. All data processors are subject to clearly defined contractual obligations regarding their roles and responsibilities in processing data, as outlined in Article 45(1) GDPR (EU).

14.6 Exercising data protection rights

The Token Holder is entitled to:

• Access Personal Data: the right to request confirmation of whether the Platform processes their personal data, and obtain supplementary details regarding categories of data processed, purposes, recipients, retention period, and any additional rights.
• Correction of Inaccurate Data: the right to request rectification of incorrect or outdated personal data.
• Objection to Automated Processing: the right to object to profiling or automated decision-making processes.
• Data Portability: the right to transfer personal data to another service provider.
• Right to Erasure ("Right to Be Forgotten"): the right to request the deletion of personal data when it is no longer necessary for the original processing purposes.
• Complaint to National Authority: the right to lodge a complaint with the competent national data protection authority.

The Platform will respond to such requests within one month, unless doing so would infringe upon the rights or freedoms of others (e.g., intellectual property rights or confidentiality obligations). In such cases, the Platform will provide a justified explanation for any limitations on the request.