Legal Terms
Last Updated: October 27, 2024
Please read these terms and conditions carefully before using the Interface for any reason. Your use of the Interface is conditional upon your agreement to the Terms set out below. If you do not agree and you do not give your consent to be bound to the Terms, do not use the Interface and, if presented with the option to “accept ” to the Terms of use, only select “accept” if you certify that you consent to be bound by the Terms.
Introduction
These Perena Terms of Use (together with all appendices and exhibits hereto, which are hereby incorporated by reference, these "Terms," or this "Agreement") explain the terms and conditions by which you, whether personally or on behalf of an entity ("you"), may access and use the software products and services (the "Services") provided by Perena ("Perena," "we," "us," and "our") to interact with the non-custodial, blockchain-based protocol. The Services include, but are not limited to, the website perena.org (the "Website") and any other websites, apps, website-hosted user interfaces or dashboards available through the perena.org domain and its subdomains (the "Interface").
Binding Agreement
By accessing, using, or interacting with the Services in any way, including by connecting your digital wallet address to the Interface, you represent that you have read, understand, acknowledge, and agree that you are entering into a binding legal agreement with us that includes these Terms and the Privacy Policy in their entirety. If you do not agree to be bound, you are not authorized to access, and should not use, any of the Services.
When you use the Interface, you're agreeing to these Terms. This includes two important points:
You agree to use arbitration to resolve disputes, instead of going to court.
You give up your right to join a class action lawsuit.
These agreements affect how any disagreements between you and us would be handled.
These Terms may be changed, amended, or revised without notice or consultation. If you do not agree to the revised Terms, then you should not continue to access or use the Interface.
Technical Services Only
THE SERVICES INCLUDE TECHNICAL AND ADMINISTRATIVE SERVICES THAT MAKE IT POSSIBLE FOR USERS TO ACCESS AND INTERACT WITH ON-CHAIN SMART CONTRACTS THAT FUNCTION DETERMINISTICALLY AND ARE NOT OPERATED OR CONTROLLED BY PERENA. PERENA IS NOT A BROKER, DEALER, EXCHANGE, INVESTMENT ADVISER, CUSTODIAN OR FINANCIAL SERVICE PROVIDER OF ANY KIND. WE DO NOT HAVE A FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU IN CONNECTION WITH ANY OF THE SERVICES.
Eligibility
To be eligible to access or use any of the Services, you must:
Be at least 18 years old or the age of majority in your jurisdiction
Have legal capacity to enter into these Terms
Not be a resident of any restricted jurisdiction
Not be subject to economic or trade sanctions
Comply with all applicable laws and regulations
You represent and warrant that you:
Are not located in, incorporated in, or accessing the Services from any Prohibited Jurisdictions
Are not subject to sanctions or listed on any sanctions lists
Will not use VPN or other means to circumvent geographical restrictions
Will comply with all applicable laws, including anti-money laundering regulations
Services
1. Interface Access
The Interface provides access to blockchain-based protocols through web and mobile interfaces. You acknowledge that:
The Interface is one of many ways to access the underlying protocols
We do not control or operate the underlying blockchain networks
Access may be limited or unavailable at times
Transaction fees (gas fees) are your responsibility
2. Non-Custodial Services
You understand, acknowledge and agree that neither we, nor any of our affiliates, are party to any transaction on Perena. We do not retain possession, custody, or control over any user cryptoassets at any time. Due to the decentralized, non-custodial nature of Perena, users retain exclusive control over their cryptoassets at all times. You are solely responsible for safeguarding your private keys to your digital wallet/s, and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a digital wallet, and we make no representations or warranties regarding how any of the Services will operate with any type of digital wallet. Further, we accept no liability for any acts or omissions by you in connection with, or as a result of, your digital wallet being compromised.
These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by applicable law, you understand, acknowledge, and agree that we owe no fiduciary duties or liabilities to you or any other party, and to the extent that any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe to you are those expressly set forth in these Terms.
Prohibited Uses
Each User must not, directly or indirectly, in connection with their use of the Services:
Technical Performance Prohibitions
You shall not engage in any activities that negatively affect the technical performance of the Services, bypass or circumvent security features of the Services or otherwise disrupt or interfere with the functioning of the Services. You shall not violate or attempt to violate the security of the Services or otherwise misuse the foregoing, including by:
Accessing any part of the Services or data not intended for you or logging onto a server or an account that you are not authorized to access (including by using a virtual private network or "VPN" to access such data)
Disabling, removing, circumventing, defeating or avoiding any security device or system
Attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures without proper authorization
Attempting to interfere with the Services' functionality, including but not limited to via means of:
Submitting any malware or computer programming routines that may damage, disrupt or interfere with
Intercepting or expropriating any system or data
Overloading, "flooding," "spamming," "mailbombing" or "crashing" the Services
Forging any transmission control protocol/internet protocol packet header or any part of the header information in any email or posting
Using the Services in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage
Providing false, misleading or inaccurate information to the Services, such as information related to your location whether by use of a VPN or otherwise
Intellectual Property Prohibitions
You shall not, directly or indirectly:
Disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, underlying ideas, file formats, algorithms, or trade secrets therein
Encumber, sublicense, transfer, rent, lease, time-share, or use the Services in any service bureau arrangement or otherwise for the benefit of any third party
Copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port, or otherwise modify any software code or documentation for the Services
Knowingly introduce into the Services any:
Malicious code
Computer virus
Spyware
Scareware
Trojan horses
Worms
Malware
Other similar harmful, malicious or hidden programs or data
Use the Services to infringe upon, violate or misappropriate any third party's intellectual property rights
Violate any law or regulation or engage in defamatory, trade libelous, threatening or harassing behavior
Authorize or permit any third party to engage in any of the foregoing proscribed acts
Legal and Regulatory Prohibitions
You shall not use the Services to engage in:
Illegal activity of any kind
Activities that would violate, or assist in violation of, any law, statute, ordinance, or regulation
Activities that violate any applicable sanctions programs administered under any applicable law, including but not limited to sanctions lists maintained by:
OFAC (Office of Foreign Assets Control)
European Union
United Kingdom
United Nations Security Council
Activities involving proceeds of any unlawful activity
Transactions in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis
Binary options or prediction-market transactions
Real estate or real estate leases
Equipment leases
Debt financings
Equity financings
Token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including:
ICOs (Initial Coin Offerings)
DAICOs
IEOs (Initial Exchange Offerings)
Other token-based fundraising events
Trading and Market Behavior Prohibitions
You must not engage in:
Manipulative tactics commonly known as spoofing
Wash trading
Any act, practice, or course of business that operates to circumvent any sanctions or export controls
Any activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights
Any activity that disguises or interferes with the IP address of a computer used to access the Services
Any activity that transmits, exchanges, or is otherwise supported by the direct or indirect proceeds of criminal or fraudulent activity
These prohibitions are in addition to, and in no way limit, any other restrictions or obligations applicable to you set forth in the Terms. Any violation of these prohibitions may result in immediate termination of your access to the Services and may subject you to legal liability.
Risks
Disclaimer of Warranties
Perena hereby disclaims any and all express, implied or statutory warranties and conditions, including any warranties or conditions of non-infringement, merchantability, fitness for a particular purpose, availability, error-free or uninterrupted operation, and any warranties arising from a course of dealing, course of performance, or usage of trade. To the extent that Perena may not, as a matter of applicable law, disclaim any implied warranty or condition, the scope and duration of such warranty or condition shall be applied to the minimum extent permitted under such applicable law.
The Services are provided on an "as is" and "as available" basis without any representations and warranties of any kind, whether express or implied. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant the accuracy, completeness, timeliness, or reliability of any information available through the Services. We do not endorse, guarantee, or assume responsibility for any advertisement, offers, or statements made by third parties concerning any of our Services.
Limitation of Liability
In no event shall Perena, any of its affiliates or any of their respective officers, directors, members, employees, consultants, agents, representatives, service providers, successors and assigns be liable to you for any consequential, indirect, incidental or special damages of any type or nature however arising, including without limitation exemplary or punitive damages, lost profits or revenues, lost data or diminution in value, arising out of or relating to the Services, any third party links or products or services made available via the Services or your use of any protocols via the Services, whether or not the possibility of such damages has been disclosed to or could have been reasonably foreseen by you, regardless of the legal or equitable theory whether in contract, tort or otherwise upon which the claim is based.
If you are dissatisfied with the Services, you understand and agree that your sole and exclusive remedy is to discontinue using the Services.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless us and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors and assigns against any claim, suit, action or other proceeding from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with the Services, or any third-party links, products or services made available via the Services, including but not limited to any breach or violation of these Terms by you, material or content submitted by you, or any unauthorized use of the Services by you.
You agree to pay any and all costs, damages and expenses, including but not limited to reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to conflict of law principles.
Termination
We may terminate or suspend your access to the Services at any time, without notice, for any reason, including but not limited to violation of these Terms.
Contact Information
For questions about these Terms, contact us at: Email: legal@perena.org
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
Campaign and Reward Distribution Terms
No Liability for Token Distribution
Perena is not the issuer of any tokens and does not control the implementation or operations of reward mechanisms, as rewards may be programmatically generated via smart contracts or distributed by third-party partners (such as CHOMP and other ecosystem participants). Perena expressly disclaims any liability related to the implementation, distribution, or non-distribution of rewards.
Perena's role is limited to facilitating your access to campaigns and quests under these Terms. The distribution of any rewards is outside Perena's control and depends exclusively on third-party protocols, partners, and their respective governance processes.
Reward Mechanism and Eligibility
Users acknowledge and agree that:
The reward mechanisms, calculation methods, and eligibility criteria:
Are determined solely by our third-party partners
May change at any time without prior notice
Are outside of Perena's control
Perena:
Has no influence over the reward mechanisms or any changes to them
Is not responsible for communicating changes to users
Makes no guarantees regarding reward amounts or eligibility
Cannot ensure the consistency or continuation of any reward programs
Users are responsible for:
Staying informed about campaign terms through official communication channels
Understanding that participation does not guarantee eligibility for rewards
Accepting that reward distribution is subject to third-party terms and conditions
Campaign Rewards:
May be de minimis in nature
Are distributed at the sole discretion of third-party partners
May be subject to additional terms, conditions, or eligibility requirements
Could be modified, delayed, or cancelled without notice
By participating in any campaign or quest, you acknowledge that Perena's role is limited to providing technical access to these programs and does not extend to the determination, implementation, or guarantee of rewards. All reward distributions are subject to the terms, conditions, and discretion of the respective third-party partners.
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