Cartesi Terms and Conditions (General)

Welcome to Cartesi’s website and thank you for visiting.

Cartesi’s Website is offered by Cartesi Pte. Ltd. The “Products” and/or “Services” refer to any downloadable or online offerings that we and/or our affiliates may make available to you including any services we may provide through our website at the www.cartesi.io, https://explorer.cartesi.io or any associated websites (collectively, the “Site”), any mobile or decentralized applications (collectively, the “Apps”), any application programming interface (“API”), or through any other means.

1. Agreement to Terms. By downloading, accessing, or using our Products and Services, you agree to be bound by these Terms of Service and any other terms that are incorporated by reference in the Terms of Service, any other agreements we present to you, and any other terms as part of any future functionality as related to the Products and Services (unless otherwise stated in such terms) (collectively, “Terms”). Please review these Terms carefully. If you don’t agree to be bound by these Terms, do not use the Products or Services. If you violate any of these Terms, you may lose your right to use any Products or Services. For the purposes of these Terms:

If you are accessing, downloading, executing, or otherwise using the Products or Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you” and “your” will refer to that entity.

READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING THE PRODUCTS OR SERVICES. YOU CANNOT DOWNLOAD, ACCESS, OR USE THE PRODUCTS OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

IMPORTANT NOTICES FOR UNITED STATES CITIZENS OR PARTICIPANTS IN THE UNITED STATES: Due to regulations on the use of cryptocurrency in the United States, not all services and/or products are available to you. Please check the terms for each product or service carefully. Those in the United States are ineligible unless the terms specifically allow participation by U.S. persons.

If U.S. persons are allowed, you also agree (and are agreeing) to resolve any dispute between you and Cartesi through binding arbitration rather than in court. Please review section 14, “Dispute Resolution and Arbitration, Class Action Waiver” with more details.

2. Changes to Terms, Products, or Services. We may update the Terms at any time, at our sole discretion. If we do so, we’ll deliver a notice either by posting the updated Terms on the Website or through other communications. It’s important that you review the Terms whenever we update them before you use the Products or Services. If you continue to access or use the Products or Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Products or Services anymore. Because our Products and Services are evolving over time we may change or discontinue all or any part of the Products or Services, at any time and without notice, at our sole discretion. Continued access and use of the Products or Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications.

3. Eligibility. You may use the Products or Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using and accessing the Products or Services under applicable law. If you are not yet 18 years old, you must have the permission of an adult to download, access and use the Products or Services and agree to these Terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of the Products or Services.

4. Services and Integrating an Electronic Wallet. You will not be able to engage in certain parts of the Products or Services other than through MetaMask or another Ethereum-compatible browser extension. the Products or Services will only recognize you as a user, and you will only be able to fully engage with the Products or Services if your Third-Party Wallet is connected and unlocked, or otherwise linked to the Products or Services.

5. Our Rights. All title, ownership, and intellectual property rights in and to the Products or Services are owned by Cartesi or its licensors, unless otherwise stated. You acknowledge and agree that the Products or Services contain proprietary rights that are protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Products or Services, in whole or in part.

6. Rights and Terms for Services. If you comply with these Terms, Cartesi grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the Products or Services on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Products or Services solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Products or Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Products or Services to any third party; (iii) reverse engineer, decompile or disassemble the Products or Services (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Products or Services available to multiple users through any means.

Your use of the Products or Services does not grant you any rights to use Cartesi’s trademarks or to suggest any affiliation between you and Cartesi. Any misuse of Cartesi’s marks will immediately lead to the revocation of your license to use the Products and access Services, the forfeiture of any uncollected awards, and ineligibility to download, access, or use any Cartesi Products or Services in the Future.

7. General Prohibitions and Company’s Enforcement Rights. You may not, under any circumstances:

8. Links to Third Party Websites or Resources. The Products or Services may contain links to third-party websites or resources. Such links are provided only as a convenience and we are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

9. Termination. We may terminate your access to and use of the Products or Services, at our sole discretion, at any time and without notice to you. You may terminate your use of the Products or Services by withdrawing your CTSI Tokens at any time. Upon any termination, discontinuation or cancellation of the Products or Services, the following Sections will survive: 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, and 16.

10. Risks and Disclaimers.

11. Indemnity. You will defend, indemnify and hold harmless us and our officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your violation of these Terms.

12. Limitation of Liability. You will defend, indemnify and hold harmless us and our officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your violation of these Terms.

13. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of Singapore, unless otherwise, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (as defined below) will be the courts located in Singapore, and you and Cartesi each waive any objection to jurisdiction and venue in such courts.

14. Dispute Resolution and Arbitration; Class Action Waiver.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products or Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the JAMS International Arbitration Rules govern the interpretation and enforcement of these Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to listed in Section 14(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the JAMS (“JAMS”) under its International Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com.

Any arbitration hearings will take place in the country (and if applicable, state or territory) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we have the option to request that you pay our attorneys’ fees and costs.. If you prevail in arbitration you may also request an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 14(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND CARTESI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

15. Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply to the extent possible to effectuate the intent of the parties.

16. General.

(a) Reservation of Rights. Cartesi and its licensors exclusively own all right, titles, and interests in and to the Products or Services, including all associated intellectual property rights. You acknowledge that the Products or Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Products or Services.

(b) Entire Agreement. These Terms may be superseded by expressly designated legal notices or terms provided through the Products or Services. These expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded. Unless otherwise stated, these Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Products or Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Products or Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

(c) Notices. Any notices or other communications provided by us under these Terms will be given by posting to the Products or Services, and may be provided by email as well. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cartesi. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at info@cartesi.io.