AtomOne Site Terms of Use

Effective Date: November 18, 2024

Introduction

By accessing this Website, accessible from https://atom.one, or any Website, Services, Platform or Interface associated with AtomOne such as the AtomOne Staking Portal at https://staking.atom.one/ and the AtomOne Governance dApp at https://www.gov.atom.one/ (collectively, the “Interface”) and related tools, trademarks, intellectual property, services, software, or any public source code repository offered by the operator of this site (collectively, the “Services”), All in Bits (AiB), Inc. (“the “operator,” “we,” or “us,”), you (the “User”) are agreeing to be bound by these Terms and Conditions of Use (the “Terms”) and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these Terms, you are prohibited from accessing this site.

These Terms govern your use of our Services, including those listed at the websites above and those that may be added from time to time. The “Date Effective” specified on these Terms indicates the date on which the Terms were last modified. Please review these Terms periodically to ensure you are aware of and in compliance with the most current version. Any revision to the Terms shall take effect immediately upon such revised Terms being made accessible via the Interface. These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Services. By accessing or using the Interface, you agree to be bound by these Terms. Before using the Services, make sure that you read and understand the accompanying Privacy Policy.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS, YOUR RIGHTS AND OBLIGATIONS, OUR DISCLAIMERS AND LIMITATIONS OF LEGAL LIABILITY THAT GOVERN YOUR USE OF THE INTERFACE. BY SIGNING MESSAGE TO BE RECORDED ON-CHAIN THAT INCLUDES A LINK TO THESE TERMS ACCESSING OR USING THE INTERFACE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), INCLUDING, WITHOUT LIMITATION, THE MANDATORY ARBITRATION PROVISION IN SECTION 17 AND WAIVER OF JURY TRIAL. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE INTERFACE.

2. Services

1. AtomOne Governance dApp

AtomOne dApp is a decentralized governance platform allowing users to participate in the governance processes of decentralized autonomous organizations (“DAOs”) within the AtomOne Hub and Cosmos ecosystem. The dApp provides access to the decentralized network and enables users to submit proposals, vote on governance matters, and perform other governance-related actions. Participation in AtomOne requires interaction with compatible wallet and blockchain transactions, including staking and voting. All transactions performed through the AtomOne dApp are irreversible and publicly recorded on the blockchain. For more information see the AtomOne Governance dApp Terms.

2. AtomOne Staking

AtomOne Staking provides Users with a non-custodial Interface for staking ATONE tokens on the AtomOne blockchain. Staking refers to the User’s act of staking ATONE through the Interface, interacting with the Protocol (the underlying system comprising the AtomOne user logic, staking mechanics, and any associated smart contract or infrastructure that support the User’s staking activities), or utilizing the features provided by the AtomOne Staking Platform for staking purposes. By staking, Users participate in securing the AtomOne network, participate in governance and may receive rewards in return. This process requires users to connect a compatible wallet and interact with the blockchain, as transactions and staking operations are irreversible and publicly recorded on the blockchain. We do not operate validator nodes, provide staking or node management services, or have access to users’ private keys or funds. Staking interactions occur directly between users and validators, facilitated by smart contracts on the AtomOne blockchain. Staking rewards are determined by network protocols and are not guaranteed. Any changes to the staking mechanism or reward structure are determined by AtomOne’s governance and are beyond the control of the operator. By using the Interface, you authorize validators to perform validation tasks associated with your staked Digital Assets. Depending on the protocol, these tasks may include block validation, consensus, and potentially governance activities. Staking is not available, and Rewards are not available to be accrued or redeemed or exchanged in any jurisdiction where it would contravene applicable law, or would require AtomOne to comply with any regulatory requirements in that jurisdiction, specific to activities same as or similar to Staking and dealing in cryptocurrencies. For more information see the AtomOne Staking Terms.

3. Wallets and Security:

To use the AtomOne Interface, you must connect a compatible third-party wallet (e.g., Keplr, Leap, Cosmostation). Your use of a non-custodial wallet provider is governed by the applicable terms of service of that third party and are not governed by these Terms. The Interface does not store private keys or have access to your funds. You are solely responsible for safeguarding your wallet credentials, including private keys and seed phrases, which are essential for accessing your wallet and digital assets.

The operator will never request your private keys, seed phrases, or recovery phrases. Any such request should be considered fraudulent and reported immediately. Failing to safeguard this information may result in the permanent loss of access to your wallet and digital assets.

For enhanced security, users have the option to generate command-line interface (CLI) commands for executing transactions in an offline, air-gapped environment. This method allows users to create and sign transactions on a device that is not connected to the internet, significantly reducing the risk of unauthorized access, hacking, or malware attacks. Once the transaction is signed offline, it can be securely transmitted to the network using an internet-connected device. This adds an extra layer of protection when performing sensitive actions such as transferring funds or managing governance operations.

It is crucial that users strictly follow best practices for secure transaction processing, including keeping private keys secure and ensuring that the air-gapped environment is free from vulnerabilities. Failure to adhere to these best practices could lead to compromised security, resulting in the loss of assets or unauthorized actions being taken on the user’s behalf.

4. Fees:

Using the Interface may also require that you pay a fee, such as gas charges on the blockchain, to perform a transaction. You acknowledge and agree that the operator has no control over any such third-party transactions, the method of payment of such transactions, or any actual payments of transactions. All fees are non-refundable, so you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or Interface before initiating such a transaction. You bear all the risk of loss for transactions on the Interface.

5. Changes to the Interface

The Interface is continually evolving, with ongoing developments that include advanced governance features such as proposal creation, voting insights, and individual user voting histories. As these features are released and integrated, the operator reserves the right to update or modify the functionality of the Interface. These updates may also lead to adjustments in the terms governing the use of the Interface.

For features that involve open-source contributions, those contributions will be governed by separate open-source licenses, as appropriate. The operator is not responsible for third-party contributions, though it may integrate or collaborate with them to enhance the functionality of the Interface. You agree that it is your responsibility to stay informed about any updates to these Terms or features by periodically reviewing them on the Interface.

3. Your Permission to Use the Interface

Subject to these Terms, the operator grants you a non-transferable, limited right to use the Interface, provided you comply with these terms. This permission is personal to you and cannot be assigned or transferred to others. Each user must individually agree to these terms in order to access and use the Interface.

4. Conditions for Use of the Interface

Your permission to use the Interface is contingent upon the following conditions:

• For Individuals: You must be of legal age in your jurisdiction and possess the legal capacity to enter into and be bound by these Terms.
• For Organizations: If you are using the Interface on behalf of an organization, you represent and warrant that you have the necessary authority to bind that organization to these Terms.
• Revocation of Access: You must cease using the Interface if the operator informs you that you are no longer permitted to use it.
• Compliance: You are required to adhere to the Acceptable Use and Content Standards at all times.

5. Acceptable Use and Content Standards

By using the Interface, you agree to adhere to the following conditions, ensuring your use of AtomOne’s Services remains lawful, respectful, and does not compromise the integrity of the decentralized governance process:

1. Legal Compliance:

   1. Prohibited Activities: You must not use the Services to engage in any illegal activities, such as transmitting content that is defamatory, fraudulent, harassing, abusive, or otherwise in violation of the law. If it is determined that you have broken the law, your access will be revoked immediately. This includes activities related to money laundering, illegal gambling, financing of terrorism, or any other criminal or illegal activity.
   2. Regional Restrictions: Your access to AtomOne’s Services may be restricted based on your jurisdiction or geographic location. You may not use the Service if you are located in a country subject to U.S. government sanctions or that has been designated by the U.S. government as a “terrorist supporting” country.
   3. Prohibited Use by U.S. Persons, Restricted Persons and Restricted Territories: The Interface, Services, and any other features offered or made available are not intended for use by U.S. Persons or Restricted Persons, and any such use is strictly prohibited. U.S. Persons include any natural person or legal entity who resides, is located, is incorporated, or has a registered office in the United States of America. Restricted Persons those located in or a citizen, resident of or those having registered office in any state, country, territory or other jurisdiction in which the use of AtomOne’s Services would be illegal or otherwise violate any applicable law (a “Restricted Territory”).
   4. Restricted Territories: Including, but not limited to, Afghanistan, Algeria, Balkans, Bangladesh, Barbados, Belarus, Bulgaria, Burkina Faso, Burma (Myanmar), Cameroon, China, Croatia, Central African Republic, Congo (Democratic Republic), Crimea Region of Ukraine, Cuba, Ethiopia, Gibraltar, Haiti, Iran, Iraq, Jamaica, Lebanon, Libya, Mali, Mozambique, Nigeria, North Korea, Philippines, Russia/Ukraine, Senegal, Somalia, South Africa, South Sudan, Syria, Tanzania, Turkey (Turkiye), Tunisia, Uganda, United Arab Emirates, United States, Venezuela, Vietnam, West Bank, Yemen, and Zimbabwe or any jurisdictions in which the sale of cryptocurrencies are prohibited, restricted or unauthorized in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction; or any state, country, or region that is subject to sanctions enforced by the United States, such as the Specially Designated Nationals and Blocked Persons List (“SDN List”) and Consolidated Sanctions List (“Non-SDN Lists”), the United Kingdom, or the European Union (collectively, “Restricted Territories”). Restricted Territories are subject to change.
   5. VPN and Anonymization Tools: The use of virtual private networks (VPNs) or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, these restrictions is expressly prohibited. You shall not use any technical means to misrepresent its geographical location to access and use AtomOne’s Services from any restricted territory
   6. Violation Consequences: The operator reserves all rights to take action against any individual or entity violating, circumventing, or attempting to circumvent these restrictions, including but not limited to, legal action, temporary or permanent restriction of access to the Interface.

2. Integrity and Security:

   1. Unauthorized Access: You must not attempt to gain unauthorized access to the Interface, accounts, computer systems, or networks connected to the Interface through hacking, password mining, or any other means.
   2. System Overload: You must not strain the infrastructure of the Interface with an unreasonable volume of requests or activities that would overload information systems used to provide the Interface.
   3. Screen Scraping: You may not “screen scrape” or otherwise use any automated means to access the Interface or collect any information from the Interface, except to index the public-facing portions of the Interface for a search engine.
   4. Governance Manipulation: You must not submit proposals, votes, or content designed to undermine or manipulate the decentralized governance process. Such actions may lead to the suspension or permanent revocation of access to the Services.
   5. Automated Access: You may not use any automated systems (e.g., robots, spiders, or similar mechanisms) to access or gather data from the Interface without express permission from the operator.
   6. Malicious Code: You may not submit content that contains malicious code, such as viruses, spyware, or any other forms of malware.
   7. Reverse Engineering: You may not reverse engineer, decompile, or otherwise attempt to extract the source code of any part of the Interface.
   8. Prohibited Devices: You may not use a modified device to access the Interface if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls (“jailbreaking”).
   9. Encouraging Violations: You may not encourage or assist anyone in violating these terms.

3. Respecting Others:

   1. Impersonation and False Affiliation: You must not impersonate other users or entities, and you must not falsely imply affiliation with or endorsement by the operator.
   2. Privacy Protection: You must avoid publishing, collecting, or sharing personal information of other users without their consent. Additionally, you may not make publicly available the personal information of other people using the Interface.
   3. Solicitations: You must not send advertisements, chain letters, or other unsolicited communications through the Interface, or use the Interface to gather addresses for distribution lists.
   4. Account and Wallet Use: You may not use or try to use anyone else’s account on the Interface (or connect to anyone else’s wallet) without their specific permission.
   5. Username Trading: You may not buy, sell, or otherwise trade usernames or other unique user or account identifiers on the Interface

4. Content Submission and Standards:

   1. General Standards: Content submitted via the dApp or in discussions around governance proposals must comply with all content standards outlined. Content must not be defamatory, abusive, fraudulent, illegal, or harmful to others. The operator reserves the right to remove or modify content that fails to adhere to these standards.
   2. Truthful Participation: Content related to governance proposals or discussions must be truthful, lawful, and adhere to governance standards set by the AtomOne Hub community. Proposals and votes are immutable, publicly visible on the decentralized chain, and must reflect honest participation in governance matters.
   3. Placeholder Content: You may not submit content as placeholders to hold a specific address, username, or identifier, or in any way that violates the rights of others, including intellectual property rights and privacy.
   4. Malicious Submissions: You may not submit content containing malicious computer code, viruses, spyware, or any other harmful or unauthorized technology designed to disrupt or alter the normal function of the Interface.

5. Ownership and Restrictions:

   1. Proprietary Marks: You must not remove proprietary marks or ownership designations from materials downloaded from the Interface.
   2. Security Features: You must not attempt to disable, avoid, or circumvent any security features or access restrictions of the Interface.

6. Manipulation of Governance:

   1. Prohibited Manipulation: Users must not attempt to manipulate or falsify proposals, voting outcomes, or any governance-related processes within the Interface. Engaging in such activities will result in suspension or permanent revocation of access to the Interface.
   2. Submission Integrity: You agree not to submit false, fraudulent, or manipulative proposals or votes that undermine the integrity of the decentralized governance process. Attempting to manipulate or falsify votes will result in immediate suspension or revocation of access.
   3. Code of Conduct: You may not engage in any conduct that violates the code of conduct established by the AtomOne Hub community. Violations of this code of conduct may result in the suspension or permanent loss of access to the Interface.

6. Enforcement

The operator takes violations of these Terms, including those outlined in the Acceptable Use and Content Standards, seriously and may investigate any potential violations to the fullest extent permitted by law. If a violation is detected, the operator reserves the right to take any and all of the following actions:

1. Investigation and Cooperation with Authorities: The operator may initiate investigations into any suspected violations of these Terms, including, but not limited to, illegal activities or actions that compromise the integrity of the Interface. The operator may also cooperate with law enforcement authorities to investigate and prosecute violations of the law and/or these Terms. This may include disclosing relevant information about your use of the Interface to law enforcement authorities as required by law or in the operator’s discretion.

2. Content Moderation: The operator reserves the right to change, redact, remove, or delete any content submitted to or appearing on the Interface that it deems to be in violation of these Terms, particularly those specified in the Acceptable Use and Content Standards. The operator may act without prior notice and at its sole discretion. Users are encouraged to report any content they believe to be in violation of these Terms immediately. The operator will review and, if necessary, take appropriate action to address reported violations.

3. Transaction Refusal and Restrictions: The operator may, at any time and at its sole discretion, refuse any transaction, including, but not limited to, purchase, sale, or transfer requests submitted via the Interface. The operator also reserves the right to impose additional conditions, limitations, or restrictions on your use of the Interface. This may include limitations on certain features or transaction capabilities if the operator suspects misuse or a violation of these Terms.

4. Suspension or Termination of Access: In cases of serious or repeated violations, or where illegal activity is suspected, the operator reserves the right to suspend or permanently revoke your access to the Interface without prior notice. This includes, but is not limited to, cases where users submit false, fraudulent, or manipulative proposals or votes, engage in unauthorized access, or otherwise act in violation of the Acceptable Use and Content Standards.

5. Interface Availability: The operator reserves the right, at any time and for any reason, to make the Interface unavailable, either temporarily or permanently, at its sole discretion and without prior notice. This includes, but is not limited to, taking the Interface offline for maintenance, upgrades, or to address security concerns.

6. User Reports: If you believe another user has violated these Terms, you may contact the operator with details regarding the alleged violation. The operator will review your report and take appropriate action, which may include investigating the user’s conduct and enforcing the measures outlined in this section.

7. Liability for Violations: If your use of the Interface results in any harm, damage, or liability to the operator or other users, you may be held liable for those damages, and the operator may take legal action to recover its losses.

7. Your Information

By using the Interface, you agree to the following responsibilities regarding the information you provide:

1. Accuracy and Completeness: You agree to provide accurate, current, and complete information about yourself when prompted by any registration, subscription forms, or otherwise requested by the operator. This includes, but is not limited to, personal identification details, wallet addresses, and any information required for compliance with applicable laws or regulations.
2. Security of Credentials: You are solely responsible for maintaining the confidentiality and security of your account credentials, including passwords, private keys, and any other forms of identification. The operator will never ask you to reveal your private keys, and you should take all necessary precautions to secure this information. Any unauthorized access or use of your account is solely your responsibility.
3. Keeping Information Updated: You agree to maintain and promptly update any information you have provided to ensure that it remains accurate, current, and complete at all times. This includes updating contact information, account details, and any other pertinent information as your circumstances change.
4. Notification of Material Changes: You agree to promptly notify the operator of any material changes that may affect your eligibility to use the Interface, including, but not limited to, changes in your residency, legal status, or ability to comply with any jurisdictional requirements or restrictions. Failure to notify the operator of such changes may result in suspension or termination of access to the Interface.
5. Responsibility for Account Use: You are fully responsible for all actions taken under your account, whether authorized or unauthorized. This includes any activities initiated through the Interface, such as proposals, votes, and other governance-related interactions. You acknowledge that failure to secure your account or disclose sensitive information (e.g., private keys, passwords) could result in unauthorized access and loss of assets. You will not hold the operator liable for any unauthorized actions resulting from your failure to secure your account credentials.

8. Know Your Customer

You acknowledge that the operator and its partners may perform Know Your Customer (“KYC”) procedures on the information you provide, as required by internal policies and as required by applicable guidelines or regulations. You consent to such KYC procedures.

You agree that this is a general requirement and in compliance with regulatory rules and guidance, and in no way creates or is deemed to be any form of recommendation or advice by the operator.

The operator may in its sole and absolute discretion decline to accept any person’s request in anything, at any time, with no requirement for any reason or explanation; you agree that such decline(s), if any, shall not constitute an opinion, recommendation or investment, legal or tax advice by the operator.

9. Background Checks

While the Interface emphasizes decentralized governance and privacy, certain roles within the ecosystem, such as validators or other key participants, may be subject to background checks in accordance with applicable laws, regulations, or internal policies. These background checks are conducted to ensure compliance with legal standards and to maintain the integrity of the network.

1. Consent to Background Checks: You acknowledge and consent that the operator and/or its partners may perform background checks on users when required by law or regulation, particularly for those participants holding sensitive roles within the network. These checks are intended to confirm that a user’s identity does not appear on any criminal, terrorist, or sanctions watchlists, and that they are not associated with any foreign governments under sanctions or scrutiny.
2. Data Sources and Reliability: The background check process relies on information obtained from a variety of regulatory, private, and public databases. While these sources are considered reliable, the operator cannot guarantee the accuracy or completeness of the information.
3. Sharing of Background Check Information: Information gathered during background checks may be shared with the operator’s partners or relevant regulatory bodies, as necessary, to comply with legal or regulatory requirements.
4. Legal Obligations and Reporting: The operator and its partners may have legal obligations under applicable laws, such as the USA PATRIOT Act or anti-money laundering regulations, to report suspicious activity. These obligations may require the operator to deny access to certain users based on background check results, including but not limited to individuals identified as high-risk or flagged under any relevant legal frameworks.
5. Right to Deny Access: The operator reserves the right to deny access to any products, services, or features offered through the Interface based on the results of background checks. This may occur even if the information obtained is not fully accurate, complete, or truthful, in line with regulatory obligations and the operator’s risk management policies.

10. Your Content

By submitting content to the Interface, you represent and warrant that you hold all necessary rights, licenses, and permissions to provide such content and that doing so does not infringe the intellectual property or other rights of any third party. You remain the sole owner of your content; however, by submitting content, you grant the operator and its affiliates a perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, distribute, reproduce, and publicly display your content on the Interface, as well as for related purposes including promotion, analytics, and archives. This license will continue even after you remove your content from the Interface, to the extent necessary for compliance with legal obligations or for maintaining necessary backups and archives.

You acknowledge and agree that the operator is not responsible for the misuse of your content by other users or third parties. Any interactions with your content by other users, including sharing or modifying it, are their responsibility under the terms of use, and the operator disclaims all liability related to such misuse.

• Operator’s Rights to Review or Modify Content: The operator is not obligated to actively review, monitor, or edit any user-submitted content. However, we reserve the right to take down, obscure, or modify any content at our discretion, particularly if it violates these terms, infringes intellectual property rights, or is otherwise harmful or unlawful.
• No Transfer of Ownership: Submitting content to the Interface does not transfer ownership rights over that content to the operator. Similarly, the operator’s intellectual property rights remain with the operator, and you do not obtain any ownership rights to the operator’s content, designs, code, trademarks, or other intellectual property, unless explicitly granted in a separate agreement.
• Your Responsibility for Content: You are solely responsible for the content you submit. You must ensure that your content is lawful and does not imply any false association, endorsement, or sponsorship by the operator. The operator is under no obligation to store, maintain, or provide copies of any content you submit to the Interface.
• License to Use Your Content: While you retain ownership of your content, you grant the operator a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to make your content available to other users of the Interface. This license permits the operator to copy, publish, analyze, and distribute your content as needed without further notification or compensation.
• Removal of Content: If your content is removed from the Interface, either by you or by the operator, the operator’s license to that content will expire once the last copy is deleted from backups, caches, and other systems. However, any sublicenses you grant to other users or third parties, or that the operator grants to its partners, may continue beyond the removal of your content.
• Misuse of Content by Others: You acknowledge that other users or third parties may misuse the content you submit, potentially violating the terms on which you licensed it. The operator cannot and will not be held responsible for these violations or any resulting damages or consequences.
• Infringement of Intellectual Property: The operator reserves the right to terminate, in its sole discretion, the accounts of any users who repeatedly infringe upon the intellectual property rights of others, whether related to content submitted to the Interface or other activities.

11. Our Content

Unless otherwise specified, the operator and/or its licensors own all intellectual property rights associated with the content made available on the Interface. This includes, but is not limited to, all product and service names, graphics, button icons, trademarks, service marks, logos, and any other materials presented on the Interface. Some images, videos, or other content displayed may be the property of third parties, in which case the operator uses them with proper authorization or under fair use principles. All intellectual property rights are reserved.

You may access and view content available on the Interface solely for your personal use, provided you adhere to the restrictions outlined in these terms.

You may not:
• Republish, sell, rent, sub-license, reproduce, duplicate, or copy content from the Interface, unless it is your own content, or content you are otherwise licensed or authorized to use.
• Redistribute content from the Interface unless the content has been specifically designated as available for redistribution.
• Use any content from the Interface in any commercial context without express written permission from the operator or the applicable rights holder.

No Implied Licenses:Nothing in these terms should be construed as granting you a license or right to use any of the operator’s intellectual property, except as expressly stated in this agreement. Unauthorized use of the operator’s intellectual property may result in legal consequences.

Open-Source Contributions: For the avoidance of doubt, the restrictions in this section do not apply to any content or software that has been explicitly contributed by the operator to the open-source community under an open-source license. Any content or software released under such a license is governed by the specific terms of that open-source license, which may permit broader use, distribution, and modification than otherwise allowed under these terms.

12. Digital Millennium Copyright Act (DMCA) Compliance

If you are a copyright holder and believe that content on the Interface infringes upon a copyright that you own or control, you may submit a formal DMCA notification to our designated agent. The operator will respond promptly to valid DMCA claims and, if necessary, remove or disable access to the infringing content.

To submit a DMCA notification, your written communication must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
3. Identification of the infringing material or the material that is the subject of infringing activity, and information reasonably sufficient to permit the operator to locate the material (e.g., URL or description of the specific location within the Interface).
4. Contact information for the complaining party, such as a mailing address, telephone number, and, if available, an email address.
5. A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Please direct all DMCA notifications to the operator’s designated agent:
Carolyn Pehrson ACP # 153281
3395 South Jones Blvd. # 153
Las Vegas, NV 89146
Phone: 661-388-6953
Email: [email protected]

Counter-Notification Process
If your content is removed or disabled based on a DMCA notification, you have the right to submit a counter-notification if you believe the removal or disabling was the result of an error or misidentification of the material.
To submit a counter-notification, your written communication must include the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or disabled, and the location where the material appeared before it was removed or disabled (e.g., URL or description of the specific location within the Interface).
3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your contact information, including a mailing address, telephone number, and email address.
5. A statement that you consent to the jurisdiction of the federal court in the district where your address is located (or the federal court in Las Vegas, NV, if your address is outside of the United States), and that you will accept service of process from the party that filed the original DMCA notification or an agent of that party.

Once a valid counter-notification is received, the operator may restore the removed material, unless the original complainant files a court action seeking to restrain you from engaging in the allegedly infringing activity.

13. Your Responsibility and Security

You agree to reimburse the operator for all costs, damages, and legal claims arising from your breach of these terms or the misuse of the Interface by others using your account. Both parties agree to promptly notify each other of any legal claims related to this agreement. Failure by the operator to notify you promptly does not absolve you of your responsibility, except where prompt notice could have mitigated the issue. You agree to allow the operator to assume the investigation, defense, and settlement of any legal claims at its discretion. The operator agrees not to enter any settlement that places you at fault or imposes obligations on you without your consent.

14. Disclaimers

1. You acknowledge and accept all risks associated with the use of the Interface and its content. To the fullest extent permitted by law, the operator provides the Interface on an “as is” and “as available” basis, without any warranties of any kind, including, without limitation, implied or statutory warranties of merchantability, fitness for a particular purpose, title, security, accuracy, reliability, availability, quiet enjoyment, or non-infringement of third-party rights.

2. You accept the inherent risks involved in using the Interface, including but not limited to risks associated with your financial, cryptocurrency, or other digital asset holdings and transfers. The operator is not liable for any losses, damages, or harm resulting from your use of the Interface, including those related to the disclosure of your private wallet keys—even if caused by a bug or error in the Interface.

3. We make no warranties regarding compatibility with your mobile device, carrier, or third-party software/hardware. Your use of the Interface may be subject to third-party terms (e.g., agreements with your mobile device manufacturer), and the operator disclaims responsibility for these terms.

4. Access to your cryptocurrency tokens or assets may be interrupted, delayed, or terminated at any time, potentially affecting the value or execution of transactions. The operator assumes no liability for such disruptions. You bear full responsibility for ensuring the security of your private keys, seed phrases, and other sensitive wallet information. Loss of this information may result in permanent loss of access to your cryptocurrency assets, and the operator is not responsible for such losses.

5. The Services may rely on third-party platforms to perform transactions with respect to any Digital Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer. The Interface does not include any outside websites or platforms linked to it. Such external platforms have their own terms of service, which govern transactions on those platforms. We disclaim any liability for transactions conducted outside the Interface.

6. By using the Interface, you acknowledge the risks associated with cryptocurrency transactions, including hardware or software failure, internet connectivity issues, and network failures. The Interface may be suspended or terminated at the operator’s discretion, which could affect your access to your cryptocurrency assets.

7. Links to Third-Party Services: Due to the decentralized nature of the Interface, we do not monitor or control all interactions. By using this Interface, you acknowledge that we are not responsible for any third-party actions or transactions that occur outside of our direct control. The Interface may contain links to external websites or services operated by third parties. The operator makes no representations or warranties about these external services, and your use of them may be governed by separate terms. The operator assumes no liability for content, services, or transactions conducted via third-party platforms. Certain services may only be available in specific jurisdictions, and nothing herein grants you access to services in jurisdictions where they are prohibited.

8. Cryptographic Systems: By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of Digital Assets. You acknowledge the inherent risks of cryptographic systems, including the possibility of hacking or rapid technological changes that may impact the security or value of digital assets. Such systems may have vulnerabilities or other failures, or experience other abnormal behavior. The operator is not responsible for any issues with the blockchains, including forks, technical node issues, or any other issues that may result in fund losses. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. You further acknowledge the risk that your Digital Assets may lose some or all of their value while they are supplied to or from the Services. You further acknowledge that the operator is not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing the Services. The operator does not control or access your private keys. Losing control of your private keys or seed phrases may result in the permanent loss of access to your assets. For any cryptographic tokens or other digital assets stored on resources hosted by the operator, the operator is not liable for any loss, failure, or unavailability of such tokens or assets, for any reason, including network or system failures. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.

9. Legal Disclaimer: Nothing in these terms or on this website constitutes investment advice, nor is it an offer to sell or solicitation to purchase any securities, tokens, or financial products. You should consult with independent financial, legal, and tax advisors before making any investment decisions. The operator is not liable for any investment decisions you make based on the information provided on the Interface. Some jurisdictions may restrict the use of certain blockchain services or cryptocurrency transactions. It is your responsibility to comply with the laws of your jurisdiction, and the operator disclaims any liability for your failure to do so.

10. Taxes: You are solely responsible for determining what, if any, taxes apply to your transactions on the Interface and for reporting and paying the correct amounts to the appropriate tax authorities. The operator is not responsible for determining the tax implications of your activities.

11. NFT Transactions: All non-fungible token (NFT) transactions conducted through the Interface are final and irreversible. You bear full responsibility for ensuring that you wish to proceed with any such transaction. The operator is not a party to NFT transactions unless explicitly stated and is not liable for any losses associated with NFT purchases.

12. AtomOne Name: Any reference to “AtomOne” on this website refers to the decentralized AtomOne community and the hub chain. The operator reserves all rights to the term/mark “AtomOne.” However, the software and documentation published by the operator are licensed under a copyleft license, allowing others to use, modify, and fork the chain.

13. Forward-Looking Statements: Certain statements on this website (or in linked materials) may be forward-looking in nature. Forward-looking statements can often be identified by terms such as “intend,” “plan,” “estimate,” “believe,” “anticipate,” “expect,” “predict,” “project,” “propose,” “assume,” “forecast,” “outlook,” “future,” “goal,” “potential,” “continue,” “may,” “can,” “will,” “should,” “could,” and similar expressions. These statements are predictions based on current expectations and assumptions regarding future events. However, they do not guarantee any specific outcomes or achievements, and actual results may differ materially due to various known and unknown risks, uncertainties, and other factors. Readers are cautioned against placing undue reliance on these forward-looking statements.

14. Private Key Security: Participation in AtomOne requires only the sharing of public keys, never your private keys or seed phrases. You will never be contacted by the operator asking for your private key, seed phrase, or recovery phrase. Any such request should be considered fraudulent and reported immediately. Safeguarding your private keys and seed phrases is your responsibility, and failure to do so may result in theft of your digital identity and assets.

15. Use of Blockchain and Decentralized Services: By using the Interface, you acknowledge the inherent risks of decentralized blockchain technology, including the irreversibility of transactions, potential software bugs or exploits, market volatility, and lack of recourse in the event of unauthorized access to your wallet. The operator is not liable for any losses or damages arising from these risks.

15. Limits on Liability / Indemnification

1. To the fullest extent permitted by law, neither you nor the operator will be liable for any:

   1. financial losses,
   2. loss of data, business, or profits, or
   3. any indirect, special, consequential, exemplary, or punitive damages arising out of or relating to the Interface or these Terms.

2. The operator is not responsible for losses caused by service disruptions, data breaches, or unauthorized access to your account. Our total liability for any loss or damage is limited to the greater of the amount you paid to us in the last twelve (12) months or $100.

3. Indemnification: You agree to defend, indemnify, and hold harmless the operator, its affiliates, officers, directors, employees, contractors, agents, licensors, and successors from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

   1. Your use of the Interface;
   2. Your violation of these Terms, including any misuse of content or violation of applicable laws; and
   3. Your violation of any third-party rights, including intellectual property, publicity, confidentiality, or privacy rights.

4. Both you and the operator agree that these limitations of liability are essential to these Terms, and without them, one or both parties would not have agreed to enter into this agreement. Therefore, both you and the operator knowingly and irrevocably:

   1. AGREE that all rights and obligations related to the Interface and these Terms will be governed solely by the contractual law specified herein; and
   2. WAIVE any obligations or rights not explicitly stated in these Terms, including those arising from quasi-contract, unjust enrichment, promissory estoppel, tort, strict liability, or any other legal theory.

5. Cumulative Liability: Except as expressly stated otherwise in these Terms, the cumulative total liability of both you and the operator for all claims arising out of these Terms will not exceed the greater of one hundred US Dollars ($100.00 USD), or the amount you paid to the operator in fees for the use of the Interface over the last twelve (12) months. In some jurisdictions, these liability limitations may not apply. However, this does not imply a concession that any limitation should not apply in your specific case.

6. California Residents: If you are a resident of California, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”

16. Termination

Either party may terminate this agreement at any time. Upon termination, your permission to use the Interface immediately ends. The following sections will survive termination: Sections 5, 6, 7, 10, 13, 14, 15, 17, and 18.

17. Disputes, Binding Arbitration, Class Action Waiver

1. On-Chain Governance Disputes: Disputes specifically related to decentralized governance decisions within the AtomOne Hub shall be resolved through the on-chain governance mechanisms established by the community and governed by its consensus rules. These on-chain resolutions are final and binding as per the decentralized governance framework.

2. Governing Law: These Terms will be governed by and construed in accordance with the laws of Delaware, without regard to its conflicts of law principles. This applies to all users of the Interface, regardless of location. By using the Interface, you agree that all disputes, regardless of your location or jurisdiction, shall be governed exclusively by Delaware law.

3. Binding Arbitration: Both you and the operator agree that any disputes arising out of or relating to these Terms, the operator’s privacy policy, or your use of the Interface, including whether such a dispute is arbitrable, will be resolved by binding arbitration. You waive your right to bring a claim in court or to have a jury trial, regardless of your jurisdiction.

4. Arbitration Process:

   1. Arbitration will be conducted in English and heard by one arbitrator under the rules of JAMS. The arbitration will follow JAMS’ Comprehensive Arbitration Rules and Procedures, with the Expedited Procedures applied, unless otherwise modified by these Terms. The JAMS rules can be accessed at https://www.jamsadr.com.
   2. The arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.

5. Cost of Arbitration: If you are unable to pay your share of the arbitration costs, the operator will consider a request to reimburse these costs, provided your claim is not deemed frivolous or brought for an improper purpose by the arbitrator.

6. Location of Arbitration: The seat of arbitration will be Wilmington, Delaware, regardless of the user’s location. The arbitration may be conducted remotely to the extent permitted by the applicable arbitration rules.

7. Confidentiality: Both parties agree to maintain the confidentiality of the arbitration proceedings and any resulting award, except as required to prepare for or conduct the arbitration or as necessary to enforce any arbitration decision.

8. Injunctive Relief: As an exception to arbitration, both you and the operator retain the right to seek injunctive or equitable relief from a court to prevent or enjoin the infringement or misappropriation of intellectual property rights.

9. Court Proceedings: In the rare case where a dispute is brought to court, both parties agree that all proceedings (other than enforcing a judgment or seeking equitable relief) will be held in the courts of Wilmington, Delaware. Neither you nor the operator will contest jurisdiction, forum, or venue in these courts, regardless of your location.

10. Waiver of Jury Trial and Class Action Rights: Both you and the operator expressly waive your rights to trial by jury and agree to resolve any disputes on an individual basis, not as part of any class action, representative, or collective proceeding.

11. Acknowledgement: BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE IRREVOCABLY WAIVING YOUR RIGHT TO LITIGATE ANY DISPUTES IN COURT OR TO HAVE A JURY TRIAL. YOU FURTHER ACKNOWLEDGE THAT YOUR ABILITY TO ENGAGE IN DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED IN ARBITRATION. YOU ACCEPT THESE RISKS BY AGREEING TO THESE TERMS.

18. General Terms

1. Severability: If any provision of these terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions will continue in full force and effect.

2. Assignment: You may not transfer or assign any of your rights or obligations under these terms without prior written consent from the operator. The operator reserves the right to assign or transfer this agreement, in whole or in part, to any affiliate, successor, or entity that acquires control or assets of the operator. Any assignment or transfer made by you in violation of this provision will have no legal effect.

3. Waiver: The operator’s failure to enforce any provision of these terms or to act with respect to a breach of these terms does not constitute a waiver of the operator’s rights to enforce any other provisions of these terms, nor does it waive the operator’s right to act with respect to similar or subsequent breaches.

4. Entire Agreement: These terms, along with any documents or additional terms referenced herein or incorporated by reference, represent the entire agreement between you and the operator concerning the use of the Interface. This agreement supersedes any and all prior and contemporaneous oral or written agreements, discussions, and understandings regarding the subject matter. Any modifications to these terms must be made in writing and signed by both parties.

19. Contact

You may contact the operator regarding any questions, concerns, or notices related to these terms by emailing the operator at [email protected]. Any notices or communications sent to the operator under these terms should be directed to this email address.

The operator may contact you regarding these terms or any matter related to your account through the email address you provide upon registration. Additionally, the operator may deliver notices by posting them on the homepage of the Interface, in your account page, or through other visible locations on the Interface as necessary.

20. Changes to the Terms

The operator reserves the right to update or modify these terms at any time in its sole discretion. Any changes will be communicated by posting the revised terms on the Interface, along with the date of the last update. In certain cases, the operator may provide additional notice through special announcements or alerts within the Interface.

Your continued use of the Interface following the posting or notification of updated terms constitutes your acceptance of the changes. It is your responsibility to review the terms periodically to stay informed of any modifications. If you do not agree to the updated terms, you must discontinue your use of the Interface immediately.