These Terms and Conditions constitute the User Agreement and Terms of Service (hereafter the “Terms & Conditions”) between the Daxio DAO (referred to as “Daxio” or the “Site”) and any person, customer, or entity (referred as the “User”) utilizing the website, Daxio Blockchain and any products, features and services provided thereon (“Daxio Services”). These Terms & Conditions do not create any agency, partnership, or joint venture between Daxio and User. By using this site or by signing up for an account through Daxio or any associated websites, APIs, or mobile applications and clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. The User has read and consents to the Terms & Conditions. The User also agrees to Daxio’s Privacy Policy & User Agreement. These Terms & Conditions may be amended and updated from time to time at the sole discretion of Daxio. Revised versions will be considered effective as of the date and time posted on the Daxio Site.
1. DAXIO SERVICES.
Daxio is a decentralized distributed application on a blockchain network, using smart contracts
(each a “Smart Contract”) to enable its Users to own, buy, sell, transfer, and share unique
digital rewards that can be visualized on the Daxio site through the Daxio Platform.
1.1. DAXIO BLOCKCHAIN NETWORK.
The Daxio blockchain network allows each User to store items, characters, digital rewards, and other
attributes on the Daxio Blockchain public ledger that allows for decentralized, immutable
record of ownership. Each User owns the non-fungible token (an “NFT”) for any of the in-game
items on the blockchain network. When a user purchases, earns, or receives any NFT or digital
reward the Smart Contract process, the User owns completely and outright the NFT and/or
digital reward. For the avoidance of doubt, the User acknowledges and agrees that while the
User may own an NFT or digital reward, the underlying embedded intellectual property rights
may be subject to certain licensing requirements, and Daxio can only convey such rights to
Users so long as Daxio holds a valid license to the intellectual property. If such license
terminates, Daxio, and by extension the User, may not have any rights to the underlying
embedded intellectual property in the User's NFTs or Platform Assets, and the underlying
embedded intellectual property may be changed or removed at Daxio's determination.
1.2. DAXIO DIGITAL REWARD.
Each User of any game on the Daxio Blockchain Network or the Site or any game contained on the Site or
associated websites may be able to earn or receive the Daxio Digital Reward. The “Daxio Digital Reward”
consists of a representation of Daxio Silver Token (SDAX), or other game tokens and NFTs,
reflected on the Daxio Blockchain Network and/or Daxio App and the Site, which may or may not be
bridged to other blockchains (including but not limited to Ethereum, Solana and Polygon.) through a minting process solely at the option and action of the User. When referencing the NFTs on the platform
themselves in the singular and not specifically as a part of the Daxio Digital Reward, same shall be
referred to herein as “Platform Asset.” The Daxio Digital Reward is a digital reward and not a Security
Token. The Daxio Digital Reward is not being offered to investors and there is no Initial Coin Offering
(ICO) to promote the Daxio Digital Reward. Like BTC (which is the digital reward generated from the
Bitcoin blockchain), the Daxio digital reward is created through a unique blockchain protocol. Each
User that participates in the Daxio Blockchain protocol shall receive 100% of the User’s
allocated Daxio Digital Reward and any other digital reward or NFT, which is deposited in the User’s
connected MetaMask Wallet. The Daxio Digital Reward, any NFT, and any other digital reward may
reside solely within the Daxio Blockchain Network and may or may not have value. Daxio cannot, and
does not, control whether any of the Daxio Digital Rewards, any NFT, and any other digital reward has
monetary value on any other blockchain. On the Daxio Blockchain Network, the Site, or any associated
website, neither the Daxio Digital Reward nor NFT nor other digital reward may be exchanged for
FIAT currency. All withdrawals of digital rewards are made with SDAX.
1.3 DAXIO USER ACCOUNT.
1.3.1. When a User creates a Daxio User Account:
When you connect your MetaMask to the Daxio site the software creates a unique identification number for you and link this identification number to your Wallet Address.
Once you have connected your wallet address you understand this wallet address cannot be changed or removed in the future as it's stored in the digital rewards smart contract and linked to your unique identification number which is also connected to the smart contract.
You agree that when you link your wallet address and create your Daxio Account, you shall use your best efforts to prevent
access to this site through your MetaMask by anyone other than your-self including but not limited to keeping such Information strictly confidential.
You agree that Daxio shall not be held financilly accountable if you forget your MetaMask login or are unable to access your MetaMask wallet. This is the only way you can
login to your Daxio ID and this cannot be restored or changed in any way other by you with your own metamask.
You agree that Daxio shall not be held financilly accountable for any breach of your account or any
financial losses related to a security breach on your Daxio account. Any and all financial losses
related to a security breach is your own responsibility and will not be re-imbursed by Daxio.
The Daxio Blockchain software lets the user link to his MetaMask wallet. User must use
MetaMask to send and receive any NFT or digital reward supported on the Daxio Blockchain.
The User is solely responsible for storing, outside of Daxio’s Services, a backup of any User’s
MetaMask Password, private key(s), Seeds or transaction information that the User maintains
in the Daxio User Account or otherwise with the Daxio Services. If the User does not backup the
MetaMask wallet, the User may not be able to access his Digital Assets in the event that Daxio
discontinues some or all of the Daxio Services.
1.3.2. Users Daxio Account.
This account must be linked to a unique MetaMask wallet. Daxio will never take custody or
control over any NFT, or digital reward stored in a User’s MetaMask Wallet. The Daxio User
Account does not store, send or receive any NFT or reward, but such transactions occur directly
on the Daxio Blockchain or other supported blockchains. Instead of MetaMask, the User may
use any compatible digital app or wallet provided by a third-party company that safely connects
to the Daxio Blockchain. A User may be able to use MetaMask or other compatible wallet to
send and receive any NFT or digital reward with other users of the Daxio Blockchain. Daxio does
not offer any User the ability to exchange one form of currency for any other form of currency
(fiat or digital). Daxio App is not a custodian, exchange, or money transmitter.
1.3.3. In order for a transaction to be validated on the Daxio Blockchain.
Any Daxio transaction through the MetaMask Wallet must be Signed, confirmed, and recorded
in the distributed ledger associated with the Daxio Blockchain. The Daxio Blockchain is a
decentralized, peer-to-peer network supported by the users of the Daxio Blockchain, which is
not owned, controlled or operated by Daxio.
1.3.4. No Control of NFTs or Digital Rewards
Daxio has no control over any NFT or digital reward (including the Daxio Reward) generated
through the Daxio Blockchain or the Daxio User Account or Site, and cannot ensure that any
transaction details a User submits via the Daxio Services and MetaMask Wallet or Site will be
confirmed or processed on the Daxio Blockchain. The User agrees and understands that the
transaction details submitted by the User via the Daxio Services and MetaMask Wallet may not
be completed or may be delayed by the Daxio Blockchain or any supporting blockchain used to
process the transaction. Daxio does not guarantee that the MetaMask Wallet can transfer title
or right in any NFT or digital reward, and Daxio makes no warranties of title of any kind. Once
transaction details have been submitted to the Daxio Blockchain, Daxio cannot assist the User
to cancel or otherwise modify such transaction or details.
1.3.5. Blockchain Forks
In the event of a fork of the Daxio Blockchain or any other supported blockchain, Daxio may not
be able to support the User’s activity related to Daxio or any other supported NFT or reward.
The User agrees and understands that in the event of a fork of the Daxio Blockchain, any
transaction associated with the MetaMask Wallet or Daxio Services may not be completed, may
be partially completed, incorrectly completed, or substantially delayed. Daxio is not responsible
for any loss incurred by any User caused in whole or in part, directly or indirectly, by a fork of
the Daxio Blockchain.
1.3.6. MetaMask Wallet
With respect to the MetaMask Wallet, Daxio does not receive or store a User’s MetaMask App
password, or any keys, seeds, or transaction history. Daxio cannot assist any User with their
MetaMask App password retrieval. The User is solely responsible for remembering, storing and
keeping secret the User’s MetaMask App PIN (password), keys, seeds and address(es). Any NFT
or digital reward a User has stored within its MetaMask App may become inaccessible if the
User does not know or keep secret its MetaMask App keys and PIN. Any third party with
knowledge of one or more of a User’s credentials (including, without limitation, a backup
phrase, App identifier, PIN, or keys) can dispose of the NFT or digital rewards in the User’s
MetaMask App.
1.3.7. Licensing Fees
Daxio may charge a monthly license fee for full access to the Daxio Platform. The Daxio Blockchain
may have Blockchain Transaction Fees required to transact NFT or digital reward transactions
through the Daxio Blockchain. Daxio may attempt to calculate for the User any Blockchain
Transactions Fees, though such calculation may be inaccurate or excessive. The User may select
a greater or lesser fee, and the User is solely responsible for paying any Blockchain Transaction
Fees required on the Daxio Blockchain. Daxio will neither advance nor fund any Blockchain
Transaction Fee on any User’s behalf, nor be responsible for any excess or insufficient fee
calculation.
1.3.8. Digital Rewards
From time to time, there may be programs in place to allow User to receive a reward, in the
form of Daxio Reward, NFT, or otherwise, based on actions taken by the User, whether it be by
referral or other program in place at the time (“Additional Rewards”). User understands that
Daxio makes no representations or warrants regarding the Additional Rewards.
Notwithstanding or limiting the foregoing, Daxio further makes no representations or warrants
surrounding the operation of any Daxio Services or that said Daxio Services/Additional Rewards
will be error-free or uninterrupted. User accepts the sole responsibility for taking any and all
actions to obtain any Additional Rewards, and holds Daxio harmless for any opportunity cost or
losses that occur as a result of the non-receipt of anticipated Additional Rewards, monetary or
otherwise.
1.3.9. Digital Rewards Distribution
User understands that all Daxio Digital Rewards are distributed to the users MetaMask wallet either by user claiming the reward or by instant transfer by a smart-contract. All unclaimed digital rewards are held and controlled by smart contracts and not by Daxio, any daxio wallet or any other individuals wallet. Our smart contracts operate autonomously which means they are self-executing, without any human intervention, performing only the tasks that they were programmed to perform into perpetuity.
2. PAYMENT TERMS
2.1. DigitalL Products, NFTs & Licenses.
The User may purchase various Digital Products like NFTs, Licenses, Digital Game Items and similar.
These products are not an investment product and may never have any value outside of the
Daxio platform
2.2 Blockchain Transaction Fees.
The delivery and receipt of any of the User’s NFT or digital rewards through the MetaMask
Wallet may be subject to network or transaction fees charged by the blockchain associated with
the User-selected algorithm (“Blockchain Transaction Fees”), which are non-refundable.
Blockchain Transaction Fees are paid to emit, record, verify, and process a transaction on the
blockchain. Any withdrawal or transfer of the User’s NFT or digital reward are subject to
Blockchain Transaction Fees.
2.3 Other Third-Party Fees.
Certain digital apps, app addresses, tools, and third-party software and devices (“Third-Party
Fees”) used by the User may also charge the User a fee, including a per transaction or transfer
fee, which are non-refundable. The User is responsible for satisfying any such fee(s). The User
should note that any such fees may significantly reduce the User’s rewards and therefore the
User is responsible for managing the selection, use, rate and frequency of their receipt of
rewards to any such Third-Party Fees.
2.4 Taxes
The User is responsible for any taxes, and the User will pay for Daxio Services without any
reduction for taxes. If the User is required by law to withhold any taxes from its payments to
Daxio, the User must provide Daxio with an official tax receipt or other qualified documentation
to support such withholding, including value added tax (“VAT”), if applicable. The User will be
liable to pay (or reimburse Daxio) for any taxes, interest, penalties or fines which may arise
from any mis-declaration made by the User. The User shall pay Daxio for all taxes and
governmental fees Daxio is required to collect or pay upon sale or delivery of Daxio Services.
POTENTIAL USERS OF SDAX, GDAX, DAXIO NFTS OR DIGITAL REWARDS, INCLUDING BUT NOT LIMITED TO BITCOIN, ARE FOREWARNED OF POSSIBLE FINANCIAL LOSS AT THE TIME SUCH REWARDS ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. MOREOVER, A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE MAY RESULT IN A TAX LIABILITY. USERS SHOULD CONSULT A TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH THE PURCHASE, SALE, TRADE, RECEIPT OR OTHER USE OF DIGITAL REWARDS. DAXIO DOES NOT DEAL IN FIAT CURRENCY AND ALL SUCH EXCHANGES OR TRADES ARE TAKING PLACE OUTSIDE THE DAXIO PLATFORM ON ANY EXCHANGE OR WALLET THAT THE USER MIGHT WANT TO USE.
3. USER OBLIGATIONS.
3.1. Software and Equipment Allocation.
The User is responsible for the allocation of the User’s software and equipment and selected
optimization decisions. The User acknowledges that Daxio is not responsible for the selection or
timing of blockchain protocols, nor is Daxio responsible for the protocols selected for use in
connection with Daxio Services. The User is solely responsible for these decisions and shall
monitor and allocate strategies through the User’s MetaMask Wallet. The User acknowledges
that the transactions on any blockchain may vary and will not be uniform across the Daxio
Platform.
3.2. Log-in Credentials.
The User represents and warrants that the User is responsible for the security and preservation
of confidentiality of the User’s login credentials on the Daxio Website and any other login for
the Daxio Services. Login credentials created by the user to access the Daxio Website are for
the User’s internal use only and the User is strictly prohibited from selling, transferring, or sublicensing them to any other entity or person. Daxio shall under no circumstances be held
financially accountable for any losses arising from any security breach to an users Daxio
Account.
3.3. Blockchain Network Risk.
The User represents and warrants that the User accepts the risks of blockchain protocol and
network, including instability, congestion, high transaction costs, network latency, information
security, regulatory risk, and technological and operational error. The User understands these
risks may result in delay or failure to process transactions and potentially high Blockchain
Transaction Fees or Third Party Fees. The User represents and agrees that Daxio is not
responsible for any diminished Daxio Services, related features, or capabilities resulting from
blockchain network risk. In the event of a material increase or decrease to Blockchain
Transaction Fees, Third Party Fees, or operational degradation, congestion, failure or other
disruption of the blockchain network used by the User, Daxio may, at its sole discretion and
upon notice to the User, make any adjustments to the Daxio Services.
3.4. Blockchain Modification Risk.
The User represents and warrants that the User is familiar with and accepts the risks associated
with blockchain development and code changes. Blockchain technologies are still under
development and may undergo significant changes over time. Blockchain contributors may
make changes to features and specifications of the algorithm selected by the User, and may
fork the Daxio Blockchain protocol. Such changes may include or result in the elimination or
support for specific algorithms and applications.
3.5. Trade Compliance.
User shall comply with all applicable import, re-import, sanctions, anti-boycott, export, and reexport
control laws and regulations, including all such laws and regulations that apply to
European Union and U.S. companies, such as the Export Administration Regulations, the
International Traffic in Arms Regulations, and economic sanctions programs implemented by
the Office of Foreign Assets Control and the European Union’s Common Foreign and Security
Policy (collectively, “Trade Sanctions Laws”). The User represents and warrants that the User
and the User’s financial institutions, or any party that owns or controls the User or the User’s
financial institutions, are not subject to sanctions or otherwise designated on any list of
prohibited or restricted parties, including but not limited to the lists maintained by the United
Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and
Foreign as Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S.
Department of Commerce), the European Union or its Member States, or other applicable
government authority.
3.6 Ownership Restrictions.
User acknowledges and agrees that Daxio, any game developer, gaming partner or third party
contact provider (or, as applicable, any licensors) own all legal right, title and interest in and to
all elements of their respective intellectual property rights therein. The visual interfaces,
graphics (including, without limitation, all art and drawings associated with the), design,
systems, methods, information, computer code, software, services, “look and feel”,
organization, compilation of the content, code, data, and all other elements of any content
provided on the Site, MetaMask Wallet, or Daxio Blockchain are protected by copyright, trade
dress, patent, and trademark laws, international conventions, other relevant intellectual
property and proprietary rights, and applicable laws. All such intellectual property are the
property of its owners or licensors, and all trademarks, service marks, and trade names are
proprietary to its owner or licensors. Except as expressly set forth herein, the use of the Daxio
Services and Daxio Website does not grant User any ownership of or any other rights with
respect to any content, code, data, or other materials that you may access on or through the
Daxio Platform. When a User purchases or owns a Platform Asset, the User owns the underlying
NFT completely for as long as the User owns the Platform Asset, subject to the terms and
restrictions of this Agreement and any accompanying license restrictions for the Platform Asset.
Ownership of the NFT is mediated entirely by the smart contract and Ethereum Network (or
any other applicable network): at no point may Daxio seize, freeze, or otherwise modify the
ownership of the Platform Asset. The User acknowledges and agrees that while the User may
own a Platform Asset, the underlying embedded intellectual property rights may be subject to
certain licensing requirements, and Daxio can only convey such rights to Users so long as Daxio
holds a valid license to the intellectual property. If such license terminates, Daxio, and by
extension the User, may not have any rights to the underlying embedded intellectual property
in the User's owned Platform Asset, and the underlying embedded intellectual property may be
changed or removed at Daxio's determination.
3.7 Children.
USER AFFIRMS HE/SHE IS OVER THE AGE OF 18, AS THE DAXIO APP AND DAXIO SERVICES ARE
NOT INTENDED FOR CHILDREN UNDER AGE 18.
3.8 Responsibility for Conduct.
User takes responsibility for all activities that occur under its Daxio Account and for its use of
the Daxio Services, and User accepts all risks of any authorized or unauthorized access to its
Daxio Account, to the maximum extent permitted by law. User represents and warrants that
the User is familiar with and accepts the risks associated with digital Apps and private keys,
including the risks described herein. User is solely responsible for its own conduct while
accessing or using the Daxio Services or Daxio Platform, and for any consequences thereof. User
agrees to use the Daxio Services, Daxio Platform, and Daxio Blockchain for purposes that are
legal, proper and in accordance with these Terms and any applicable laws or regulations.
By way of example, and not as a limitation, User may not, and may not allow any third party to:
(i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive,
fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects,
Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(iii) impersonate another person (via the use of an email address or otherwise); (iv) upload,
post, transmit or otherwise make available through the Daxio Services any content that
infringes the intellectual proprietary rights of any party; (v) use the Daxio Services to violate the
legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or
encourage illegal activity (including, without limitation, money laundering); (vii) interfere with
other users’ enjoyment of the Daxio Platform or Daxio Blockchain; (viii) exploit the Daxio
Services for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse
engineer any portion of the Daxio Services; (x) remove any copyright, trademark or other
proprietary rights notices contained in or on the Daxio Platform or Daxio Blockchain or any part
of it; (xi) reformat or frame any portion of the Daxio Platform; (xii) display any content on the
Daxio Platform or Daxio Blockchain that contains any hate-related or violent content or
contains any other material, products or services that violate or encourage conduct that would
violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any
robot, spider, site search/retrieval application, or other device to retrieve or index any portion
of the Daxio Platform or the content posted on the Daxio Platform, or to collect information
about its users for any unauthorized purpose; (xiv) create user accounts by automated means
or under false or fraudulent pretenses; (xv) trick, defraud, or mislead Daxio or Users, with
specific to an attempt to learn sensitive account information; (xvi) attempt to impersonate
another User; (xvii) attempt to bypass any security measure of the Site; (xvii) copy or adapt the
Site; or, (xviii) disparage, tarnish, or otherwise harm, in Daxio’s sole discretion, Daxio and/or the
Site.
3.9 Representations Made By User.
User acknowledges and agrees that the Daxio Services, including but not limited to the Daxio
Website and Daxio Reward, ARE NOT being sold as an investment by or of Daxio.
THE USER UNDERSTANDS THAT ANY REPRESENTATIONS MADE BY THE USER AT ANY TIME THAT
ANY OF THE DAXIO SERVICES ARE AN INVESTMENT IN DAXIO (OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, IN GENERAL) TO OTHERS IN A DIRECT ATTEMPT TO MARKET DAXIO SERVICES
IN COORDINATION WITH SUPPLYING USER’S REFERRAL LINK IS A DIRECT BREACH OF THE
TERMS & CONDITIONS.
A determination of same will be made at the sole discretion of Daxio.
3.10 Play to Earn Mechanisms
If the User elects to engage in any play to earn mechanism (including, but not limited to, any
mechanism that permits the User to play any games or use any Daxio Services on the Daxio
Platform, Site or otherwise), the User will be responsible to pay any and all sales, use, valueadded
or other taxes, duties and assessments now or hereinafter claimed or imposed by any
governmental authority. The User will reimburse Daxio for all national, federal, state, local, or
other taxes and assessments of any jurisdiction, including value-added taxes and taxes as
required by international tax treaties, customs or other import or export taxes, and amounts
levied in lieu thereof based on charges set, services performed or payments made hereunder,
as are now or hereafter may be imposed under the authority of any national, state, local or any
other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes,
duties or assessments from payments made to us pursuant to these Terms. User is solely
responsible for determining what, if any, taxes apply to User and play to earn mechanisms, and
any other transactions conducted by the User. Daxio does not act as a withholding tax agent in
any circumstances.User further understands and acknowledges that Daxio is not responsible, and User accepts sole responsibility for any and all missed Daxio Reward or otherwise, regardless of the source of any error, fault or otherwise. Any and all play to earn mechanisms in place (including, but not
limited to, the method, amounts or otherwise) are not permanent and may or may not be
changed at the sole discretion of Daxio at any time.
4. TERMINATION, SUSPENSION & INACTIVITY
4.1. General.
Daxio may suspend or terminate the User’s right to access or use Daxio Services immediately
and without notice if: (i) Daxio determines the User’s use of the Daxio Services poses a security
risk to Daxio Services or any third party, could adversely impact Daxio, Daxio Services, Daxio
Blockchain or any other Daxio users, or could subject Daxio, its affiliates, or any third party to
liability, or could be fraudulent; (ii) the User is in breach of these Terms & Conditions; (iii) the
User initiated a chargeback or dispute with respect to any payment or purchase of the Daxio
Services; (iv) the User has ceased to operate in the ordinary course, made an assignment for the
benefit of creditors or similar disposition assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution or similar proceeding; or (v) for any other reason at
Daxio’s discretion.
4.2. Inactivity / Dormant Accounts
If you do not log in to your account for a consecutive period of 60 days, your account will be
considered a "dormant account". Any Positive Balances and Points Balance in a dormant
account may be removed/flushed by Daxio. Before any positive balance is transferred out of a
dormant account, we will use reasonable efforts to notify you via the most current contact
details you provided to us. Following your account becoming a "dormant account", you can at
any time log on to your account and contact us to request that the amount of the positive
balance is made available for your withdrawal or to use in your account with us and subject to
our verifying your identity to our satisfaction, we will promptly consider any such request.
A Dormant account will be terminated 30 days after the account received dormant status
4.3. Effect of Suspension.
If Daxio suspends the User’s right to access or use any portion or all of the Daxio Services, the
User shall remain responsible for all fees and charges the User incurs during the period of
suspension, including any Maintenance Fees and Blockchain Transaction Fees; and the User
may be in violation of the User’s hosting agreement or the blockchain protocols, which may
prevent or limit the User’s entitlement or access to any results or rewards that may have
occurred during the User’s suspension of the Daxio Services. User agrees to pay any fee charged
by Daxio to reconnect the Daxio Services.
5. GOVERNANCE
5.1. Advisory Board.
The Daxio Blockchain may have an advisory board.
5.2. Voting for Daxio Blockchain Updates and Amendments.
The Daxio Blockchain may have voting protocols.
5.3. Community and Decentralized Innovation.
The Daxio Blockchain invites any person or entity throughout the world to contribute to the
Daxio Blockchain, including coders, application developers, marketers, advertisers, and service
and maintenance providers. Accepted amendments, updates, and innovation from individuals
or groups of the Daxio Blockchain community may be rewarded from the Daxio Blockchain
rewards.
6. PUBLICITY
The User is permitted to state publicly that it is a customer or user of Daxio, consistent with any
Trademark Guidelines which may be adopted by Daxio from time to time. The User agrees to
abide by the Privacy Policy and Code of Conduct of Daxio.
7. REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that: (i) it has full power and authority to enter into these
Terms & Conditions; and (ii) it will comply with all laws and regulations applicable to its
provision or use of Daxio Services.
USER ACKNOWLEDGES AND AGREES THAT USER DOES NOT RESIDE IN ANY REGION THAT
EXPLICITLY BANS THE USE OF LOOT BOXES IN GAMES IN ACCORDANCE WITH GAMBLING LAWS.
8. DISCLOSURES & RISKS
8.1 Notification.
Daxio notifies each User of certain disclosures and risks associated with blockchain NFT and
digital rewards and their associated technology and protocols. Daxio Services are not an
investment product, and no action, notice, communication by any means, or omission by Daxio
shall be understood or interpreted as such. Daxio has no influence whatsoever on the Daxio
Blockchain, the transactions and consensus protocols, or the NFTs or digital rewards, including
the Daxio Reward. Ownership of a Daxio NFT or the use of Daxio Services does not represent or
constitute any ownership right or stake, share or security, debt or equivalent right, or any right
to receive any future revenue or form of participation in or relating to any blockchain or digital
reward, including the Daxio Blockchain or Daxio Reward.
8.2 Digital Rewards.
Digital rewards are not considered legal tender, are not issued or backed by any government,
and have fewer regulatory protections than traditional currency. Moreover, digital rewards are
not insured against theft or loss by any insurance corporation or any investor protection,
including the Federal Deposit Insurance Corporation or the Securities Investor Protection
Corporation.
8.3 Market Risk.
The value of NFTs and digital rewards are derived from supply and demand in the global
marketplace, which can rise or fall independent of any government currency. Holding NFTs and
digital rewards carries exchange rate and other types of risk. The value of NFTs and digital
rewards may be derived from the continued willingness of market participants to exchange
traditional government currency for digital rewards, which may result in the potential for
permanent and total loss of value of a particular digital reward should the market disappear.
The volatility and unpredictability of the price and value of NFTs and digital rewards, relative to
government currency, may result in significant loss over a short period of time. Daxio cannot
guarantee or warrant the value of any NFT, digital reward or blockchain, including the Daxio
Blockchain and Daxio Reward, and explicitly warns the User that that there is no reason to
believe that any NFT or blockchain reward will increase in value, and that they may hold no
value, decrease in value, or entirely lose value.
8.4. Regulatory Risk.
Legislative and regulatory changes or actions at the state, federal, or international level may
adversely affect the use, transfer, exchange, and value of virtual NFTs and blockchain rewards.
The regulatory status of cryptographic tokens, digital assets and blockchain technology is
unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental
authorities will regulate such technologies. It is likewise difficult to predict how or whether any
governmental authority may make changes to existing laws, regulations and/or rules that will
affect cryptographic tokens, digital assets, blockchain technology and its applications. Such
changes could negatively impact the Daxio Services in various ways, including, for example,
through a determination that any of the above are regulated financial instruments that require
registration. Daxio may cease any distribution of any of the above, the development of the
Daxio Games platform or cease operations in a jurisdiction if governmental actions make it
unlawful or commercially undesirable to continue to do so. The industry in which Daxio
operates is new, and may be subject to heightened oversight and scrutiny, including
investigations or enforcement actions. There can be no assurance that governmental, quasigovernmental,
regulatory or other similar types of (including banking) authorities will not
examine the operations of Daxio and/or pursue enforcement actions against Daxio. Such
governmental activities may or may not be the result of targeting Daxio in particular. All of this
may subject Daxio to judgments, settlements, fines or penalties, or cause Daxio to restructure
its operations and activities or to cease offering certain products or services, all of which could
harm Daxio’s reputation or lead to higher operational costs, which may in turn have a material
adverse effect on the Daxio Services.
8.5 Technology Risk.
Virtual NFT and digital reward transactions may be irreversible and losses due to fraudulent or
accidental transactions may not be recoverable. Some virtual transactions are deemed to be
made when recorded on a public ledger, which may not necessarily be the date or time the user
initiated the transaction. The nature of such virtual transactions may lead to an increased risk of
fraud or cyber-attacks.
8.6 Changes to Daxio Game Network.
Daxio and User recognize that from time-to-time amendments will be made to the Daxio Game
Network. Daxio and User both specifically agree that Daxio will, from time to time, present the
Daxio Game Network with proposed amendments (the “Proposed Amendments'') that the
Daxio GDAX Holders will then vote on whether to implement or not (the “GDAX Vote”). The
User understands that the Proposed Amendments will be made at the discretion of Daxio, and
Daxio owes the User no duty or obligation to make proposals in its best interests. The User
specifically understands that there may come a time when Daxio proposes an amendment that
is not in or in direct opposition to the User’s best interests, financial or otherwise (including, but
not limited to a change in the distribution calculation), and the User has no legal recourse
against Daxio should any Proposed Amendment be approved and implemented through the
Governance Vote. The User’s only recourse is to vote against said Proposed Amendment.
Daxio and the User both agree that one such Proposed Amendment may be to change the
digital reward plan, and any other changes to the platform. Daxio and User further agree that
while the Specifications may be minimal on the effective date of this Agreement, this is subject
to change through the Proposed Amendment and the GDAX Vote. While Daxio does represent
and covenant that the Daxio Game Platform will always be able to be run using the current
specifications, Daxio does not and cannot represent or covenant that any rewards earned
(financial or otherwise) for doing so are not subject to change.
9. DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, DAXIO, ITS AFFILIATES, EMPLOYEES AND ITS
SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE AND NON-INFRINGEMENT. DAXIO, ITS AFFILIATES, EMPLOYEES AND ITS
SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY
LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS
DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF DAXIO SERVICES. THE USER IS
SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER
DAXIO, ITS AFFILIATES, EMPLOYEES NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF
DAXIO SERVICES, DAXIO BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE
ERROR-FREE OR UNINTERRUPTED. DAXIO, ITS AFFILIATES, EMPLOYEES AND ITS SUPPLIERS ARE
NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM
BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN
TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR
WITHOUT INCURRING SUBSTANTIAL FEES.
10. LIMITATION OF LIABILITY
10.1. Limitation of Indirect Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAXIO AND THE USER SHALL NOT
BE LIABLE UNDER THESE TERMS & CONDITIONS FOR LOST REVENUES, OPPORTUNITY COSTS, OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN
IF DAXIO KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF
DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS LIMITATION OF LIABILITY DOES NOT APPLY
TO VIOLATIONS OF DAXIO’S INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION
OBLIGATIONS, OR THE USER’S PAYMENT OBLIGATIONS.
10.2. Limitation of Amount of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DAXIO NOR ITS
AFFILIATES OR SUPPLIERS, MAY BE HELD LIABLE UNDER THESE TERMS & CONDITIONS FOR
MORE THAN THE AMOUNT TRANSFERRED BY THE USER IN SDAX, BTC, ETH OR USDT TO DAXIO UNDER
THESE TERMS & CONDITIONS FOR THE 6 MONTH PERIOD PRECEDING THE DATE THE CLAIM
AROSE, MINUS ANY REWARDS GENERATED OR RECEIVED BY THE USER AS A RESULT OF THE USE
OF DAXIO SERVICES.
10.3. Errors and Corrections.
While we use reasonable efforts to include accurate and current information on our Site, we do
not warrant or represent that the Site will be error-free. Data entry errors or other technical
problems may sometimes result in inaccurate information being shown. We reserve the right to
correct any inaccuracies or typographical errors on our Site, including pricing and availability of
products and services and shall have no liability for such errors. We may also make
improvements and/or changes to the Site’s features, functionality, or content at any time. If
you see any information or description you believe to be incorrect, please contact us and we’ll
verify it for you.
11. INDEMNIFICATION
Unless prohibited by applicable law, the User will defend and indemnify Daxio, its Employees,
Contractors, Partners and its Affiliates against any settlement amounts approved by the User
and damages and costs finally awarded against the User and its affiliates by a court of
competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party before
a court or government tribunal (including any appellate proceeding) to the extent arising from
the User’s use of Daxio Services.
12. MISCELLANEOUS.
12.1. Assignment.
The User will not assign or otherwise transfer the User’s rights and obligations under these
Terms & Conditions, without the prior written consent of Daxio, which may be unreasonably
withheld. Any assignment or transfer in violation of this section will be void. At any time and
without the need for User’s consent, Daxio may assign any obligation, right and these Terms &
Conditions. Subject to the foregoing, these Terms & Conditions will be binding upon, and inure
to the benefit of the parties and their respective permitted successors and assigns. The User
may not merge these Terms & Conditions with any other agreements with which Daxio may be
a party.
12.2. Disputes.
Any dispute, controversy, difference or claim arising out of or relating to these Terms &
Conditions or relating in any way to the User’s use of Daxio Sites or Daxio Services, including the
existence, validity, interpretation, performance, breach or termination thereof or any dispute
regarding non-contractual obligations arising out of or relating to these Terms & Conditions the
parties may agree to first attempt mediation before a single mediator, administered by the
International Centre for Dispute Resolution under its mediation rules, to be held in any location
agreed to by the parties, or BVI in the English language. If the parties do not agree on
mediation, the matter shall be referred to and finally resolved by arbitration before a single
arbitrator to be held in BVI administered by the International Centre for Dispute Resolution in
accordance with International Dispute Resolution Rules. The decision of the arbitrator is final
and binding on the parties, and enforceable in a court of competent jurisdiction. The prevailing
party shall be entitled to costs and reasonable attorneys’ fees for the arbitration.
Notwithstanding the foregoing Daxio and the User agree that Daxio may bring suit in any court
of law to enjoin infringement or other misuse of Daxio’s intellectual property rights. Any
disputes that may arise beyond the scope of the arbitration provision shall be exclusively
subject to the Courts located in BVI. The User and Daxio consent to personal jurisdiction in
those courts.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT
IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY
“CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER ACKNOWLEDGES THAT, BY
AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE
RIGHT TO PARTICIPATE IN A CLASS ACTION.
12.3. Entire Agreement.
These Terms & Conditions sets out all the terms agreed between the parties and supersedes all
other agreements between the parties relating to its subject matter. In entering into these
Terms & Conditions, neither party has relied on, and neither party will have any right or remedy
based on, any statement, representation or warranty (whether made negligently or innocently),
except those expressly set out in these Terms & Conditions. The terms may be updated on
Daxio sites.
12.5. Governing Law.
Any claim or dispute between the User and DAXIO arising out of or relating to the User’s use of
Daxio sites, Daxio Services, or these Terms & Conditions, in whole or in part, shall be governed
by the laws of BVI,without respect to its conflict of laws provisions. The 1980 United Nations
Conventions on Contracts for the International Sale of Goods does not govern these Terms &
Conditions.
12.6. Language.
All communications and notices made or given pursuant to these Terms & Conditions must be
in the English language. If we provide a translation of the English language version of these
Terms & Conditions, the English language version will control if there is any conflict.
12.7. Notices to the User and Daxio.
Daxio may provide any notice to the User under these Terms & Conditions by: (i) posting a
notice on Daxio Site; or (ii) sending a message to the email address associated with the User’s
account. Notices provided on Daxio Site will be effective upon posting and notices provided by
email will be effective when the email is sent. It is the User’s responsibility to keep the User’s
email address current. To give Daxio notice under these Terms & Conditions, the User must
contact Daxio by email at [email protected]. Daxio may update the address for notices by
posting on the Daxio Site.
12.8. Severability.
If any portion of these Terms & Conditions is held to be invalid or unenforceable, the remaining
portions will remain in full force and effect.
BUY SDAX
