XRAISE
TERMS OF USE
Effective as of MARCH 1, 2023
Please carefully review these Terms of Use ("xRaise User Terms" or "Terms"), as they set forth the legally binding terms and conditions that govern your use of our website located at https://www.xraise.io/, ("Website"), the SELF-CUSTODIAL xRaise wallet (the "Wallet"), and the xRaise SDK (the "SDK" - software development kit), including related trademarks, smart contracts, software code, and other intellectual property (collectively referred to as the "xRaise Services"). The xRaise services and the Website both belong to Mango Tekh, OSOO. ('xRaise,' 'Company,' 'us,' 'our,' and 'we').
BY USING THE XRAISE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
By accessing or using the xRaise Services, you ("User") agree to these xRaise User Terms on behalf of yourself and any entity you represent. You also represent and warrant that you have the necessary rights and authority to do so. Furthermore, you represent and warrant that you are fully able and competent to enter into, and abide by and comply with, the xRaise User Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Acceptance of These Terms of Use
1.1 Before using the xRaise Services, you must carefully read these Terms. By using the xRaise Services, you accept and agree to be bound by these Terms and all documents incorporated herein by reference. If you do not wish to agree to these Terms of Use or any documents incorporated herein by reference, you must refrain from accessing the xRaise Services.
1.2 The xRaise Services are available only to users who are eighteen (18) years of age or older. By using the xRaise Services, you represent and warrant that you are either at least the legal age required to form a binding contract with xRaise in your jurisdiction or that you are eighteen (18) years of age, and you meet all eligibility requirements. Additionally, by using the xRaise Services, you represent and warrant that you are not a citizen or resident of, nor are you located in, any country where the use of the xRaise Services is illegal or impermissible under Applicable Laws.
"Applicable Laws" include rules, statutes, regulations, by laws, court adjudications, orders, protocols, administrative statements, codes, decrees, or other directives, requirements, or guidelines, whether applicable to xRaise, the xRaise Services, the Interface, the Protocol (as defined herein), or to you (or any combination thereof) by an authority with valid and enforceable jurisdiction. If you do not meet all of these requirements, you must not access or use the xRaise Services. All of the above representations and warranties are true, complete, accurate and not misleading from the time of your acceptance of the xRaise Terms and are deemed repeated each time you use the xRaise Services.
2.0. Self-Custodial
2.1. xRaise is self-custodial. You will retain full control of the digital assets stored in your wallet at all times, and xRaise will never assume custody of, or exert any control over, those digital assets. xRaise will not have access to, take possession of, or otherwise have the ability to control the digital assets stored in your wallet.
2.2. Wallet Creation
During wallet creation, the client-side initiates a request to the browser's API to generate a new credential, which constitutes a keypair for the user within the system authenticator. This keypair comprises an ID (credentialId) and a public key. The credential ID can subsequently be used to request the browser to sign data using the associated keypair. Subsequently, we deploy the user's account abstraction, utilizing the authorization data provided to its constructor. In the case of WebAuthn, we transmit the public key. Henceforth, user transactions can be signed utilizing the fingerprint. The user's account abstraction will extract the custom signature from the transactions and verify its authenticity based on the correct key.
2.3. Wallet Sign-In
For the sign-in process, we generate a random string and have the browser sign it using the user's fingerprint. We then employ the EIP-1271 function "isSignatureValid" within our wallet smart contract to validate the signature. If the signature is deemed valid, it confirms that the user has the capability to sign transactions, and we grant them access to proceed to the subsequent wallet functions. Our implementation utilizes the signing algorithms found in WebAuthn, such as ES256 and RS256, within the smart contract for validation. This process does not necessitate communication with the backend, and the wallet will remain operational as long as the zkSync network is functioning. In the future, we plan to migrate the wallet frontend to IPFS to enhance decentralization.
2.4. You maintain control over the Digital Assets accessible through the Wallet at all times. Your ability to access and transfer your Digital Assets is independent of the Wallet, and you can opt to transfer your Digital Assets to a different wallet whenever you choose. Consequently, you acknowledge and assume the following risks associated with the use of the Wallet:
2.4.1. A Wallet could potentially be susceptible to specific vulnerabilities, and xRaise does not accept liability for any such vulnerabilities. Despite xRaise implementing multiple safeguards to enhance Wallet security, given the relatively recent emergence of the technology, it is not feasible to provide an absolute assurance that the code is completely devoid of glitches or mistakes. Users acknowledge and assume all potential risks associated with Wallet usage, including the possibility of losing funds due to a vulnerability.
2.4.2. You are solely responsible for securing your Login Credentials and any device used to access your Wallet. You understand that anyone who obtains your Login Credentials and access to your device may access your Wallet, with or without your authorization, and may transfer any Digital Assets accessible through your Wallet.
2.4.3. It is your sole responsibility to assess the tax implications and obligations for reporting taxes in connection with transactions involving Digital Assets that you can access through your Wallet, and you must settle any relevant tax liabilities. xRaise does not bear the responsibility for determining the presence of tax implications in transactions related to Digital Assets accessed through Wallets, for reporting those transactions, or for settling any associated tax obligations.
3.0. The Services and Protocol; Blockchain Fees:
3.1. xRaise may impose a transaction fee for each transaction conducted through xRaise Services. Each Supported Blockchain Network levies a fee for participating in transactions on the network. These network transaction fees are subject to fluctuations over time, influenced by various factors. You are solely responsible for covering network transaction fees associated with transactions you initiate on each blockchain network using the Wallet.
3.2. You recognize that xRaise has no control over Blockchain Fees, including but not limited to their applicability, payment, amounts, transmission, intended operation, and effectiveness, whether in connection with your utilization of the Services or otherwise. You agree that under no circumstances will xRaise be held liable to you or any other party for matters concerning the payment, reimbursement, refund, disbursement, indemnification, or any other aspect of your use or transmission of Blockchain Fees.
4.0. Accessing xRaise Services and User Security
4.1. We reserve the right to withdraw or modify the Website (including the Interface), and any other Services or materials we provide on the Website, at our sole discretion, without prior notice. We shall not be held liable if, for any reason, all or any part of the Website, the Interface, the Protocol, or any of the Services becomes temporarily or permanently unavailable at any time or for any duration. Periodically, we may restrict access to specific portions of the Website or the entire Website, solely at our discretion and for the benefit of Participants.
5.0. THIRD PARTY SERVICES
5.1. The Supported Protocols/Games/DApps accessible using xRaise Services are third-party services. These services are not provided to the User by xRaise. Access to these third-party services is offered solely for your convenience and does not imply our approval, endorsement, or recommendation of any such third-party services to you. You access and utilize any third-party service based on your own assessment of that service and entirely at your own risk. You understand that your use of any third-party service is not governed by these xRaise Terms.
6.0. WARRANTY DISCLAIMER
6.1. xRaise develops open-source software solutions and games but does not independently provide, manage, or oversee the Protocol or any blockchain network. The Services are created with the purpose of helping users engage more conveniently in-game and other services.
7.0. Other Disclaimers
7.1. xRaise does not operate a Digital Asset exchange platform, nor does it provide trade execution or clearing services. As a result, xRaise has no oversight, involvement, or control over your transactions conducted through the xRaise Services. All transactions between users of xRaise Services are executed directly between the users' zkSync Era (or other network) addresses through third-party smart contracts. You bear the responsibility for complying with all applicable laws governing your use of the xRaise Services.
7.2. Please be aware that no financial regulatory authority has reviewed or endorsed the use of the xRaise Services. The xRaise Services should not be considered as advice or a recommendation regarding any commodity, security, or other Digital Asset or instrument. xRaise does not function as an investment adviser, custody provider, or commodity trading adviser for any individual or entity.
8.0. Anti-Money Laundering
8.1. xRaise expressly prohibits and rejects the use of the Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations. By using the Services, you represent that you are not involved in any such activity.
9. Prohibited Uses
9.1. JURISDICTIONS: Individuals situated in or residents of the United States, Syria, Canada, the UK, the UAE, Uzbekistan, North Korea, Iran, Venezuela, Luhansk, Donetsk, Crimea or any other jurisdiction where the use of the xRaise Service is prohibited (referred to as the "Prohibited Jurisdictions") are not authorized to utilize the xRaise Service. To clarify, the aforementioned restrictions on Service access from Prohibited Jurisdictions are applicable to both residents and citizens of other nations while they are situated in a Prohibited Jurisdiction. Any attempt to circumvent these usage restrictions by individuals in a Prohibited Jurisdiction or a Restricted Jurisdiction constitutes a violation of this Agreement.
10. Waiver
10.1. You agree and acknowledge that xRaise and its Affiliates shall not be held liable for any direct, indirect, special, incidental, consequential, or other losses of any kind, whether in tort, contract, or otherwise (including but not limited to loss of revenue, income, profits, and loss of use or data), arising from or related to your use of the xRaise Services.
10.2. For the purposes of the Terms, "Affiliates" refers to persons or entities who directly or indirectly control, are controlled by, or are under common control with xRaise, or companies in which xRaise holds an interest. This includes the owners, directors, officers, employees, advisors, agents of xRaise, or such other entities.
10.3. You agree not to initiate or participate in, and waive your right to participate in, any class action lawsuit or class-wide arbitration against xRaise and/or its Affiliates.
10.4. By accepting the xRaise Terms, you waive all rights, claims, and causes of action, whether present or future, under law (including any tort claims) or contract against xRaise and/or its Affiliates in connection with your use of the xRaise Services.
11. RAISE Token
11.1. Mentions of potential exchange listings are purely hypothetical, and there is no guarantee that they will materialize. All investments inherently involve risk, and individual investments do not ensure actual results or returns. Investors bear sole responsibility for any investment decisions they make.
11.2. Please note that owning and investing in RAISE token does not guarantee rewards, profits, ownership of company shares, or similar benefits. The value of our token can be volatile and is subject to market fluctuations, which may lead to partial or total investment losses. We do not guarantee the future value of our token, nor do we provide investment advice or recommendations. Consequently, we strongly recommend conducting your research and assessing your personal risk tolerance before making any investment decisions.
11.3. xRaise does not provide investment advice and does not take into account your personal circumstances when disseminating information about token sales. Decisions regarding participation in token sales, token purchases, sales, or holdings entail risks and should be made based on the guidance of qualified financial professionals, which we are not. Individuals residing in or situated within the United States, Syria, Canada, the UK, the UAE, Uzbekistan, Kyrgyzstan, North Korea, Iran, Venezuela, or any other jurisdiction where the use of the xRaise Service is prohibited (referred to as the "Prohibited Jurisdictions") are not permitted to engage in token sales.
11.4. The use of any data or information about token sales and any linked content provided by xRaise cannot guarantee that you will generate profits or avoid incurring losses. You must exercise your judgment or seek advice from professionals regarding such matters.
11.5. The information is intended solely for informational and educational purposes.
11.6. RAISE Token is not classified as a security of any kind, and it does not confer any voting, managerial, or ownership rights in the xRaise services and/or platform.
11.7. RAISE Token does not constitute currency or legal tender, whether fiat or otherwise, and it does not possess any inherent or assigned value.
11.3. xRaise has the right to partner with third-party licensed entities to issue and/or launch and list RAISE tokens.
12. Changes to These Terms
12.1. We reserve the right to revise and update these Terms at our sole discretion. All changes become effective immediately upon posting and apply to all access to and use of the Website thereafter.
12.2. Your continued use of the Website or the Services following the posting of revised Terms of Use indicates your acceptance and agreement to the changes. We expect you to review this page each time you access this Website or the Interface to stay informed about any changes, as they are legally binding on you.
13. Changes to the Website
13.1. We reserve the right to periodically update the content, design, or functionalities of this Website or the Services. However, please be aware that the Website and the Services may not always be fully comprehensive or current. Any material on the Website or provided through the Services could become outdated at any point, and we are not obligated to update such material.
14. No Professional Advice
14.1. All information or content provided or displayed on the Website (including, without limitation, the Interface) is intended solely for informational purposes and should not be interpreted as professional advice, including but not limited to tax, legal, or financial advice. Users should neither take nor refrain from taking any action based on any information or content presented or provided on the Website, the Interface, or through the xRaise Services.
14.2. Users should seek independent professional advice from individuals who are licensed and competent in the relevant area before making any financial, legal, or other decisions where such advice is deemed prudent. Users acknowledge and agree that, to the fullest extent permitted by law, they have not relied on xRaise, the content on the Website, the Interface, or the xRaise Services for any professional advice related to their financial or legal activities.
15. Arbitration; Class Arbitration Waiver
15.1. Any dispute, controversy, or claim arising from, relating to, or in connection with the User's use of the Website or the Services, or in connection with this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be ultimately settled through binding arbitration. The user agrees that any dispute or legal action arising from these Terms shall be subject to the exclusive jurisdiction of the International Court of Arbitration at the Chamber of Commerce and Industry of the Kyrgyz Republic.
16. Limitation on Time to File Claims
16.1. Any cause of action or claim that the User or xRaise may have arising from or related to these Terms or the use of the xRaise Services must be initiated within 3 months from the time the cause of action accrues. Failure to do so will result in the permanent barring of such cause of action or claim.
17. Miscellaneous
17.1. Entire Terms: These xRaise Terms constitute the complete agreement between you and us concerning the use of the xRaise Services. The term "including" should be interpreted to mean "including without limitation."
17.2. Comprehensive Agreement: These Terms, along with any other documents referenced herein, collectively form the sole and comprehensive agreement between the User and xRaise concerning the Website and or xRaise Services. These terms override all prior and concurrent understandings, agreements, representations, and warranties, whether written or verbal, regarding the Website.
17.3. Exclusive Agreement: This Agreement represents the full understanding and agreement between you and xRaise concerning the Service and supersedes any prior agreements, understandings, or arrangements between you and xRaise.
17.4. English Language Prevails: This Agreement, as well as any schedules and other documents incorporated by reference, and the content on this website, have been initially drafted in English. The User acknowledges that any translations into other languages are provided solely for the User's convenience. In all legal matters and matters related to this Agreement, the English version of this Agreement and this website shall take precedence.
Contact Information
If a User wishes to make a complaint in the first instance, please contact us at [email protected]