Aeterstate Platform - Terms of Service

Effective Date: April 12, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND IN THEIR ENTIRETY. THESE TERMS OF SERVICE ("TERMS") CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU ("USER", "YOU", "YOUR") AND THE ENTITY OPERATING THE AETERSTATE PLATFORM ("AETERSTATE", "WE", "US", "OUR"). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE AETERSTATE WEBSITE, PLATFORM, APPLICATIONS, SOFTWARE, SMART CONTRACT INTERFACES (INCLUDING TESTNET DEMONSTRATIONS), DOCUMENTATION, CONTENT, AND ANY RELATED SERVICES OFFERED BY AETERSTATE (COLLECTIVELY, THE "PLATFORM").

BY ACCESSING, BROWSING, REGISTERING FOR, OR USING ANY PART OF THE PLATFORM, OR BY CLICKING "I AGREE" OR A SIMILAR BUTTON OR CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY DOCUMENTS REFERENCED HEREIN, SUCH AS OUR PRIVACY POLICY AND BETA TESTING TERMS (IF APPLICABLE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PLATFORM AND MUST IMMEDIATELY CEASE ALL USE THEREOF.

IMPORTANT NOTICE REGARDING BETA / TECHNOLOGY DEMONSTRATION: YOU ACKNOWLEDGE THAT PARTS OF THE PLATFORM MAY BE IN A BETA TESTING OR TECHNOLOGY DEMONSTRATION PHASE. THESE PARTS ARE PROVIDED "AS IS" FOR EVALUATION PURPOSES ONLY AND OPERATE EXCLUSIVELY ON TESTNET BLOCKCHAINS. ALL TRANSACTIONS, TOKENS (INCLUDING BUT NOT LIMITED TO AE UTILITY TOKENS, AECHF, SIMULATED PROPERTY TOKENS), ASSETS, AND VALUES DISPLAYED OR INTERACTED WITH IN THESE DEMONSTRATION ENVIRONMENTS HAVE ZERO REAL-WORLD MONETARY VALUE, ARE NOT REAL INVESTMENTS OR SECURITIES, AND CANNOT BE REDEEMED OR EXCHANGED FOR ANYTHING OF VALUE OUTSIDE THE SPECIFIC TESTING ENVIRONMENT. REFER TO THE BETA TESTING TERMS & CONDITIONS FOR SPECIFIC DETAILS GOVERNING BETA PARTICIPATION. AETERSTATE IS A TECHNOLOGY PROVIDER AND NOT A REGULATED FINANCIAL INSTITUTION, BROKER, EXCHANGE, OR INVESTMENT ADVISOR.

1. Definitions

For the purposes of these Terms, the following capitalized terms shall have the meanings ascribed to them below. Other capitalized terms may be defined within the text of these Terms.

"Account" means the user account You may be required to create to access certain features of the Platform.
"Aeterstate Content" means all content, data, information, text, graphics, logos, trademarks, service marks, images, audio, video, software, code, smart contract templates, designs, user interfaces, documentation, and other materials provided by or behalf of Aeterstate through the Platform, excluding User Content.
"Affiliate" means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
"Applicable Law" means any applicable national, federal, state, local, or international law, statute, ordinance, regulation, rule, code, order, judgment, decree, or other requirement of any governmental authority having jurisdiction over the parties or the subject matter of these Terms.
"Beta Program" means any period during which certain Platform features are designated as "beta," "demonstration," "test," or similar, made available for evaluation and feedback, and governed by specific Beta Testing Terms & Conditions in addition to these Terms.
"Blockchain" means the underlying distributed ledger technology (e.g., Ethereum, Optimism) on which parts of the Platform may operate, including associated networks (Mainnet and Testnet).
"Confidential Information" means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Aeterstate Confidential Information includes, without limitation, the non-public aspects of the Platform's technology, source code, architecture, security measures, business strategies, roadmaps, pricing, and performance data.
"Demonstration Tokens" means any digital tokens utilized within the Beta Program or other demonstration environments of the Platform, operating solely on Testnet and having no real-world monetary value.
"Feedback" means any suggestions, comments, ideas, bug reports, feature requests, usability assessments, or other information provided by You relating to the Platform.
"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
"Malicious Act" means any act or omission intended to harm, disrupt, damage, compromise, or gain unauthorized access to the Platform, Aeterstate Content, Aeterstate's infrastructure, other users' data or accounts, or any related systems. This includes, but is not limited to, hacking, distributing malware (viruses, worms, trojans, spyware, etc.), denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks, phishing, social engineering, data scraping (unless expressly permitted), brute-force attacks, exploiting vulnerabilities, interfering with security measures, introducing harmful code, network intrusion, unauthorized data modification or deletion, and any action violating Applicable Law regarding computer fraud and abuse.
"Platform" has the meaning set forth in the introductory paragraph.
"Privacy Policy" means Aeterstate's Privacy Policy, available at [Link to Privacy Policy - Placeholder], as may be updated from time to time, which describes how we collect, use, and disclose personal information.
"Prohibited Conduct" has the meaning set forth in Section 5.
"SPV" means Special Purpose Vehicle, a legal entity potentially created in a production environment (distinct from Aeterstate) to hold real estate assets, demonstrated conceptually within the Platform.
"Testnet" means a blockchain test network (e.g., Optimism Sepolia) used for development, testing, and demonstration, where transactions and tokens have no real monetary value.
"Terms" means these Terms of Service, including all referenced documents.
"User", "You", "Your" means the individual or entity accessing or using the Platform.
"User Content" means any content, data, or information that You submit, upload, post, create, generate, or otherwise make available through the Platform (excluding Feedback).
"Wallet" means a blockchain wallet application or interface (whether software, hardware, or browser-based, including self-custodial wallets potentially managed via social logins) used to interact with the Blockchain and manage digital assets. You are solely responsible for the security of Your Wallet(s).

2. Platform Description and Nature

Technology Platform: The Platform is a technology interface designed to demonstrate concepts related to real estate tokenization, blockchain interaction, and digital asset management. Parts of the Platform may operate in a Beta Program or demonstration mode.
No Financial, Investment, Legal, or Tax Advice: Aeterstate does not provide financial, investment, legal, tax, or any other professional advice. Any information, data, content, or simulations provided through the Platform (including simulated property details, returns, market data, token functionalities, or legal structure demonstrations) are for informational, educational, and demonstration purposes only. Such information should not be construed as a recommendation, endorsement, offer, or solicitation to buy, sell, or hold any investment, security, or digital asset. You are solely responsible for evaluating the merits and risks associated with any potential real-world decision related to information presented conceptually on the Platform. You should consult with qualified and licensed financial, legal, and tax professionals in your jurisdiction before making any investment or financial decisions.
Testnet Operations: Significant portions of the Platform, particularly during beta or demonstration phases, operate exclusively on Testnet. You acknowledge and understand that Testnet transactions are not real, involve no monetary value, and are solely for testing and demonstration.
No Brokerage or Exchange Services: Aeterstate is not a registered broker-dealer, exchange, investment advisor, or financial institution under Swiss or any other jurisdiction's laws. The Platform does not facilitate the actual purchase, sale, or exchange of regulated securities or financial instruments, except potentially through integration with appropriately licensed third-party providers in a future production environment (access to which would be subject to separate terms and regulatory compliance). Any simulated trading functionalities within the Beta Program use Demonstration Tokens only.
No Endorsement: Any display of simulated properties, SPV structures, or third-party services/links on the Platform is for demonstration or informational purposes only and does not constitute an endorsement or recommendation by Aeterstate.
Technological Risks: Use of blockchain technology, smart contracts, and digital wallets involves inherent risks, including but not limited to software vulnerabilities, network congestion, potential for hacks or exploits, risk of losing private keys, and regulatory uncertainty. While Aeterstate endeavors to implement robust security practices for its own systems, You acknowledge and assume these inherent technological risks when interacting with the Platform, especially any parts involving direct Blockchain interaction or Wallet usage.

3. Eligibility and Account Registration

Eligibility: To use the Platform, You must be at least 18 years old (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into binding contracts. You must not be located in, or a resident or citizen of, any jurisdiction where access to or use of the Platform is prohibited by Applicable Law, sanctions programs (e.g., OFAC), or Aeterstate's internal policies. Aeterstate reserves the right to implement controls (e.g., IP blocking, KYC simulation/verification) to restrict access from certain jurisdictions.
Account Creation: Access to certain features may require You to register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to keep it accurate, current, and complete. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account.
Identity Verification (KYC/AML): Aeterstate reserves the right, in its sole discretion, to implement identity verification procedures (Know Your Customer - KYC) and Anti-Money Laundering (AML) checks, either directly or through third-party providers, as may be required by Applicable Law or deemed necessary for risk management. This may be simulated during the Beta Program. You agree to cooperate fully with such procedures, which may require submitting personal identification documents and other information. Failure to comply or providing false information may result in suspension or termination of Your Account and access to the Platform.
Account Security: You are solely responsible for maintaining the confidentiality and security of Your Account credentials (including passwords, private keys, seed phrases, backup methods for any associated Wallets, especially self-custodial ones). You are fully responsible for all activities that occur under Your Account, whether or not authorized by You. You agree to immediately notify Aeterstate of any suspected or actual unauthorized use of Your Account or any other breach of security. Aeterstate will not be liable for any loss or damage arising from Your failure to comply with these security obligations.
One Account Per User: Generally, each user is limited to one Account. Creating multiple accounts for a single user may be grounds for termination of all associated accounts.
Responsibility for Wallet Security: If You use Your own Wallet to interact with the Platform, or if the Platform facilitates the creation or management of a self-custodial Wallet, You are solely and exclusively responsible for the security of that Wallet, including safeguarding private keys, seed phrases, and passwords. Aeterstate does not have access to, custody of, or control over Your private keys or the assets within Your self-custodial Wallet. Loss of access to Your Wallet may result in the irreversible loss of any associated digital assets (including Demonstration Tokens).

4. License Grant

Limited License: Subject to Your strict compliance with these Terms, Aeterstate grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and Aeterstate Content solely for Your personal, non-commercial informational or evaluation (if participating in the Beta Program) purposes, strictly as intended and permitted by the functionality of the Platform and these Terms.
Restrictions on Use: This license is subject to the following restrictions. You shall not, and shall not permit any third party to:
1. Use the Platform for any purpose that is illegal, fraudulent, or violates these Terms or Applicable Law.
2. Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Platform or Aeterstate Content, except as expressly permitted by Applicable Law notwithstanding this limitation.
3. Rent, lease, loan, sell, sublicense, distribute, publish, display, perform, or otherwise transfer or make available the Platform or Aeterstate Content to any third party.
4. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices affixed to or contained within the Platform or Aeterstate Content.
5. Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or other automated means to access, collect, copy, or monitor any portion of the Platform or Aeterstate Content without Aeterstate's prior written permission.
6. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aeterstate without express written consent.
7. Use any meta tags or any other "hidden text" utilizing Aeterstate's name or trademarks without the express written consent of Aeterstate.
8. Interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or damage, disable, overburden, or impair the functioning of the Platform in any manner (including through Malicious Acts like DoS/DDoS attacks).
9. Attempt to gain unauthorized access to the Platform, other users' Accounts, computer systems, or networks connected to the Platform, through hacking, password mining, or any other means.
10. Introduce any Malicious Act, virus, Trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful.
11. Use the Platform to develop, test, or support any product or service that competes with Aeterstate.
12. Use the Platform for benchmarking or performance testing purposes without Aeterstate's prior written consent.
13. Bypass or attempt to bypass any security measures, access controls, rate limiting, or geographical restrictions implemented by Aeterstate.
14. Use the Platform in connection with any activities related to illegal gambling, money laundering, terrorist financing, fraud, or any other illicit activities.
15. Use the Platform to transmit spam, chain letters, or other unsolicited communications.
Reservation of Rights: All rights not expressly granted to You in these Terms are reserved by Aeterstate and its licensors. No licenses or rights are granted by implication or otherwise.

5. User Conduct and Prohibited Activities

Your use of the Platform must comply with these Terms and all Applicable Laws. You agree not to engage in, attempt to engage in, or encourage or assist any third party in engaging in, any of the following prohibited activities ("Prohibited Conduct"):

Any activity that violates these Terms or any Applicable Law.
Any Malicious Act as defined in Section 1.
Infringing upon or violating the Intellectual Property Rights of Aeterstate or any third party.
Transmitting or uploading any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promoting sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Impersonating or attempting to impersonate Aeterstate, an Aeterstate employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
Using the Platform for any commercial purpose not expressly authorized by Aeterstate in writing, including advertising or solicitation.
Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by Aeterstate, may harm Aeterstate or users of the Platform, or expose them to liability.
Misrepresenting the source, identity, or content of information transmitted via the Platform.
Manipulating or attempting to manipulate any simulated market or Demonstration Token value within the Platform's testing environments.
Using any automated device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, without our prior written consent (excluding standard search engine indexing).
Overloading, "flooding," "spamming," "mail bombing," or "crashing" the Platform or its infrastructure.
Conducting vulnerability scans, penetration tests, or security assessments of the Platform without prior written authorization from Aeterstate.
Using the Platform to distribute unsolicited promotional or commercial content, or solicitations.
Knowingly providing false, inaccurate, or misleading information to Aeterstate or through the Platform.
Any use of the Platform that, in Aeterstate's sole judgment, degrades the reliability, speed, or operation of the Platform or any of its underlying hardware or software.

Aeterstate reserves the right, but is not obligated, to monitor user activity and investigate any suspected Prohibited Conduct. Violations may result in suspension or termination of Your Account and access to the Platform, reporting to law enforcement authorities, and pursuit of legal remedies.

6. Intellectual Property Rights

Aeterstate Ownership: You acknowledge and agree that the Platform and all Aeterstate Content, including all associated Intellectual Property Rights, are the exclusive property of Aeterstate and its licensors. This includes, but is not limited to, the software, code (object and source), algorithms, smart contract templates and designs, user interface designs, "look and feel," graphics, text, data compilations, trademarks (AETERSTATE® and others), logos, service marks, trade names, documentation, and any improvements, modifications, or derivative works thereof. These Terms do not grant You any rights, title, or interest in or to the Platform or Aeterstate Content, except for the limited license expressly granted in Section 4.
Trademarks: The Aeterstate name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aeterstate or its Affiliates or licensors. You must not use such marks without the prior written permission of Aeterstate. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Feedback: As detailed in the Beta Testing Terms (if applicable) or as generally applicable, any Feedback You provide becomes the sole property of Aeterstate. You irrevocably assign all rights, title, and interest in such Feedback to Aeterstate, and Aeterstate may use, exploit, and incorporate Feedback for any purpose without restriction, attribution, or compensation to You.
User Content License (If Applicable): If the Platform permits You to submit User Content, You retain ownership of Your User Content. However, You grant Aeterstate a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your User Content in connection with operating, providing, improving, and promoting the Platform and Aeterstate's business, subject to the Privacy Policy. You represent and warrant that You have all necessary rights to grant this license and that Your User Content does not violate these Terms or infringe any third-party rights. Aeterstate has the right, but not the obligation, to monitor, review, or remove User Content.
Protection of IP: Aeterstate takes the protection of its Intellectual Property Rights very seriously. Unauthorized use, reproduction, distribution, modification, or creation of derivative works of the Platform or Aeterstate Content is strictly prohibited and constitutes a material breach of these Terms. Such breaches may result in immediate termination of Your access and may subject You to civil and criminal penalties, including significant monetary damages and injunctive relief. We reserve the right to employ technological measures to prevent unauthorized use and to track infringing activities.

7. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND AETERSTATE CONTENT IS AT YOUR SOLE RISK. THE PLATFORM AND ALL AETERSTATE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AETERSTATE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "AETERSTATE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:

ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE;
ANY WARRANTIES THAT THE PLATFORM OR AETERSTATE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
ANY WARRANTIES THAT DEFECTS WILL BE CORRECTED;
ANY WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY AETERSTATE CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM;
ANY WARRANTIES THAT YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AETERSTATE OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AETERSTATE PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA THAT RESULTS FROM YOUR USE OF THE PLATFORM OR DOWNLOAD OF ANY AETERSTATE CONTENT.

THE PLATFORM MAY CONTAIN SIMULATIONS OR DEMONSTRATIONS OF FINANCIAL CONCEPTS, REAL ESTATE TOKENIZATION, OR TRADING. THESE ARE FOR ILLUSTRATIVE AND EDUCATIONAL PURPOSES ONLY AND DO NOT REFLECT REAL MARKET CONDITIONS, ACTUAL INVESTMENT PERFORMANCE, OR GUARANTEES OF ANY KIND. ALL ACTIVITIES WITHIN BETA OR DEMONSTRATION ENVIRONMENTS USE TESTNET AND DEMONSTRATION TOKENS WITH NO MONETARY VALUE.

AETERSTATE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM.

AETERSTATE DOES NOT CONTROL OR ENDORSE ANY USER CONTENT (IF APPLICABLE) AND SPECIFICALLY DISCLAIMS ANY LIABILITY CONCERNING OR RESULTING FROM SUCH CONTENT.

AETERSTATE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SECURE YOUR ACCOUNT CREDENTIALS OR WALLET PRIVATE KEYS/SEED PHRASES.

INTERACTIONS WITH BLOCKCHAIN TECHNOLOGY ARE INHERENTLY RISKY. AETERSTATE DISCLAIMS ALL LIABILITY FOR ANY LOSSES INCURRED DUE TO BLOCKCHAIN NETWORK ISSUES, SMART CONTRACT VULNERABILITIES (WHETHER IN AETERSTATE'S TEMPLATES OR THIRD-PARTY CONTRACTS), WALLET SECURITY FAILURES, OR REGULATORY CHANGES AFFECTING BLOCKCHAIN TECHNOLOGY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU WHERE PROHIBITED BY LAW.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE AETERSTATE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM OR AETERSTATE CONTENT;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
ANY CONTENT OBTAINED FROM THE PLATFORM;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY;
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR PLATFORM FUNCTIONALITY;
PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING TO YOUR COMPUTER SYSTEM OR DIGITAL ASSETS) RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM;
ANY LOSSES INCURRED DUE TO BLOCKCHAIN RELATED FAILURES, WALLET COMPROMISES, OR SMART CONTRACT ISSUES;
ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON INFORMATION OR SIMULATIONS PROVIDED BY THE PLATFORM.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF THE AETERSTATE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE AETERSTATE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO AETERSTATE, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED SWISS FRANCS (CHF 100.00).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AETERSTATE AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT ON THE PART OF AETERSTATE.

9. Indemnification

You agree to defend, indemnify, and hold harmless Aeterstate, its Affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers (the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:

Your access to or use of the Platform or Aeterstate Content;
Your User Content (if applicable);
Your breach or violation of any provision of these Terms;
Your infringement or violation of any Intellectual Property Right or other right of any third party;
Your violation of any Applicable Law;
Your negligence, willful misconduct, or fraudulent activity;
Any dispute or issue between You and any other user or third party arising from Your use of the Platform;
Your failure to secure Your Account credentials or Wallet.

Aeterstate reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. You agree not to settle any such matter without the prior written consent of Aeterstate. Aeterstate will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

10. Termination

Termination by Aeterstate: Aeterstate reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate Your access to all or any part of the Platform, including Your Account, at any time, for any reason or no reason, with or without prior notice, and without liability. Reasons for termination may include, but are not limited to: (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification of the Platform (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by You in fraudulent or illegal activities, including any Prohibited Conduct or Malicious Act, (g) nonpayment of any fees owed by You in connection with the Platform (if applicable), or (h) if Aeterstate believes You are creating risk or possible legal exposure for Aeterstate or other users.
Termination by You: You may terminate Your agreement to these Terms by ceasing all use of the Platform and closing Your Account (if applicable), following any procedures specified by Aeterstate for account closure.
Effect of Termination: Upon termination of Your Account or access to the Platform for any reason:
1. The license granted to You under Section 4 shall immediately terminate.
2. You must immediately cease all use of the Platform and Aeterstate Content.
3. Aeterstate may, in its sole discretion, delete Your Account information and User Content (if applicable), although certain data may be retained as required by Applicable Law or for legitimate business purposes (e.g., audit trails, backup archives), subject to the Privacy Policy.
4. Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 6), warranty disclaimers (Section 7), limitations of liability (Section 8), indemnification (Section 9), governing law and dispute resolution (Section 11), and miscellaneous provisions (Section 13).
5. Termination does not relieve You of any obligations incurred prior to termination.

11. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or Your relationship with Aeterstate (whether in contract, tort, statute, or otherwise) shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of laws principles or provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Jurisdiction and Venue: You irrevocably agree that the competent courts of the Canton of Geneva, Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of the Canton of Geneva, Switzerland.
Informal Dispute Resolution: Aeterstate is committed to participant satisfaction. If You have an issue or dispute, We encourage You to contact Us first through designated support channels to attempt to resolve it informally. Most concerns can be resolved quickly in this manner. Both parties agree to make a good faith effort to negotiate and resolve any dispute amicably for a period of at least thirty (30) days before initiating any formal legal proceeding. This negotiation period begins upon receipt of written notice from the party initiating the dispute.
No Class Actions: YOU AND AETERSTATE 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 ACTION, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION. Unless both You and Aeterstate agree otherwise in writing, the court may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12. Consequences of Breach and Malicious Acts

Breach of Terms: Any failure by You to comply with these Terms, including engaging in any Prohibited Conduct, constitutes a material breach. In the event of such a breach, Aeterstate reserves the right, without limiting any other rights or remedies available to it at law or in equity, to take any or all of the following actions, with or without notice:
1. Issue a warning.
2. Immediately, temporarily, or permanently suspend or revoke Your license to use the Platform.
3. Immediately, temporarily, or permanently suspend or terminate Your Account.
4. Block Your access from specific IP addresses or devices.
5. Remove any User Content (if applicable) submitted by You.
6. Take legal action against You to recover damages, costs (including attorneys' fees), or seek injunctive relief or specific performance.
7. Disclose information to law enforcement authorities as Aeterstate reasonably feels is necessary or as required by Applicable Law.
Malicious Acts: You acknowledge that any Malicious Act directed towards the Platform, Aeterstate's infrastructure, Aeterstate Content, or other users causes significant harm, not only financial but also to Aeterstate's reputation, user trust, and operational integrity. In addition to the remedies listed above for a general breach, if Aeterstate determines, in its reasonable discretion, that You have engaged in or attempted any Malicious Act, Aeterstate expressly reserves the right to:
1. Pursue all available civil remedies to the fullest extent permitted by law, seeking monetary damages (including actual, consequential, and punitive damages where applicable), injunctive relief, and recovery of all costs associated with investigating, mitigating, and remedying the harm caused by the Malicious Act, including forensic analysis costs and legal fees.
2. Report Your activities to relevant national and international law enforcement agencies, cybercrime units, and regulatory bodies.
3. Cooperate fully with any investigation by law enforcement or regulatory authorities, including providing user data as legally required or permitted.
4. Implement technical measures to permanently block You from accessing any Aeterstate services or platforms in the future.
5. Seek restitution for damages caused to Aeterstate's systems, data, reputation, or business operations.
Liability for Malicious Acts: You agree that You will be held personally liable for all damages and costs incurred by Aeterstate and potentially affected third parties resulting from Your engagement in any Malicious Act. This liability extends beyond any limitations of liability set forth elsewhere in these Terms, particularly where such acts involve willful misconduct or gross negligence.

13. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy, any applicable Beta Testing Terms & Conditions, and any other agreements expressly incorporated by reference, constitute the sole and entire agreement between You and Aeterstate regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Modifications: Aeterstate reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, We will provide reasonable notice prior to any new terms taking effect, such as by posting the updated Terms on the Platform or sending You an email notification. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use the Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must stop using the Platform. It is Your responsibility to check these Terms periodically for changes.
No Waiver: No waiver by Aeterstate of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aeterstate to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment: You may not assign or transfer these Terms or any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Aeterstate's prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and void. Aeterstate 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.
Notices: Any notices or other communications provided by Aeterstate under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Headings: The section headings used herein are for convenience only and shall not be given any legal import.
Language: These Terms are prepared in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls.
Force Majeure: Aeterstate 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, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials, failures of telecommunications or internet service providers, or blockchain network failures.
Relationship of the Parties: Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between You and Aeterstate. You do not have any authority to bind Aeterstate in any respect.
Contact Information: If You have any questions about these Terms or the Platform, please contact Aeterstate at: [Provide Contact Email/Method - e.g., legal@aeterstate.ch or support@aeterstate.ch]

Last Updated: April 12, 2025