Terms & Conditions

Effective Date: November 15th, 2024

Welcome to the Terms of Service for vana.org, the website-hosted user interface for the Vana Network (the “DataHub”), and vanascan.io, the block explorer of the Vana Network ("Block Explorer").  For the purposes of these terms, the “Vana Network” means the web3 Vana protocol and related open-source smart contracts which enable a decentralized network for user-owned data.

The Vana Foundation (“we,” “us,” or “our”) provides the DataHub and Block Explorer in order to facilitate and support interactions within the decentralised ecosystem of the Vana Network, including interactions between data liquidity pools ("DLPs”), data contributors, data consumers, decentralised autonomous organisations ("DAOs"), developers, users and third parties.  The DataHub, Block Explorer, vana.org, and any content, tools, documentation, features and functionality offered on or through these interfaces are collectively referred to as the “Services”.

All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, the “Terms of Service”). By accessing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. 

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service, so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

  1. THE SERVICES
    1. General.  The Services allow users to interact with and participate in the Vana Network.  The Services also display data and provide certain tools and functionality to facilitate a user’s access to the Vana Network.  However, the Vana Network is a de-centralized, distributed network and we do not own or control the Vana Network or any other third-party users, data validators, data DLPs, data DAOs , or other entities that participate in the Vana Network (collectively, “Vana Network Participants”). You agree to use the Service and participate in the Vana Network at your own risk and you agree and acknowledge that we are not responsible for any interactions you may have with or any other actions or inactions of any Vana Network Participants.
    2. Access to the Service. You acknowledge and accept that the Services and the Vana Network (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data; (d) may result in partial or total inability to obtain access; and (e) may be modified or discontinued at any time by us, including through the release of subsequent versions, all with or without notice to you. The Service is available on an “as is” basis without any warranties of any kind. 
    3. The Services may include the following functionality
      1. The Services may include a web or mobile-based means of interacting with the Vana Network, including to upload and validate your personal information, evaluate user-owned data and engage in transactions with Vana Network Participants. By using the Service, you understand that you are not entering into any transactions with us, but another, independent Vana Network Participant. 
      2. A block explorer, which is a visualization tool for you to search or view user-owned data or other data, information, or content stored within the Vana Network (the “Block Explorer”). We provide the Block Explorer solely for your convenience.
      3. Integrations, links or other access to third party services, sites, technology, content and resources, including those provided by Vana Network Participants (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. You, and not us, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. We enable these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
      4. We may from time to time in the future offer additional products, and such additional products shall be considered a part of the Services, regardless of whether such product is specifically defined in these Terms of Service.
    4. Eligibility. The Foundation reserves the right, in its sole discretion, to determine the eligibility of users for the Services.  We may require you to provide information and/or documentation to verify or confirm your eligibility, including on a periodic or ongoing basis.  In order to be eligible to access and use the Service, you represent and warrant that:
      1. You are at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement with us.
      2. You are not (a) a United States citizen; (b) a United States residents; (c) any entity, including but not limited to, a corporation, partnership, or limited liability company created or organized in the United States or under the laws of the United States (including any of its states); or (d) a trust or estate formed under the laws of the United States (including any of its states).     
      3. You are not located in, incorporated or otherwise established in, or resident of, any country or territory that is the subject of sanctions or embargoes imposed by the Office of Foreign Assets Control ("OFAC") of the U.S. Treasury Department; the Office of Financial Sanctions ("OFSI") of HM Treasury of the United Kingdom; the European Union; or the United Nations.
      4. You are not an individual or entity, or acting on behalf of an individual or entity, that is listed on any sanctions list or embargoes, including but not limited to the Specially Designated nationals and Blocked Persons List maintained by OFAC; the consolidated list of financial sanctions targeted maintained by OFSI; or the E.U. consolidated list of sanctioned persons.
      5. You are neither a citizen of nor domiciled within any nation or region subjected to comprehensive sanctions, including, but not limited to, Cuba, Democratic People’s Republic of Korea, the Crimea, Donetsk, Luhansk regions, Iran, or Syria.
    5. Wallets. To use the Services that interact with the Network, you will need to connect a compatible third-party digital wallet (“Wallet”) with the Services. By using a Wallet in connection with the Services, you agree that you are using the Wallet under the terms and conditions of the applicable third-party provider of such Wallet. Wallets are not associated with, maintained by, supported by or affiliated with the Foundation. You acknowledge and agree that we are not party to any transactions conducted while accessing our DataHub, and we do not have possession, custody or control over any digital assets appearing on the Services. When you interact with the DataHub, you retain control over your digital assets at all times. We accept no responsibility or liability to you in connection with your use of a Wallet, and we make no representations or warranties regarding how the Services will operate or be compatible with any specific Wallet. The private keys necessary to access the assets held in a Wallet are not held by the Foundation. The Foundation has no ability to help you access or recover your private keys and/or seed phrases for your Wallet. You are solely responsible for maintaining the confidentiality of your private keys and you are responsible for any transactions signed with your private keys. 
  2. OWNERSHIP 
    1. Ownership of Service Content.  The Service and all content made available by us through the Service, including any trademarks, logos, designs, text, graphics, pictures, information, data, software, and files (the “Service Content”) is the proprietary property of Vana Foundation, our affiliates, or our licensors. The Service Content, unless specifically stated otherwise, may not be used without our express written consent. Subject to the terms of these Terms of Service, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service solely in accordance with these Terms of Service. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile the Service for any purpose other than as expressly permitted pursuant to these Terms of Service. Except as set forth in these Terms of Service, we grant you no rights to the Service, including any intellectual property rights embodied therein. 
    2. Ownership of User DataHub Content.  You retain ownership and responsibility for any and all content, data or other materials you upload or otherwise provide to us through the DataHub or in connection with the Services (“User DataHub Content”) . You are responsible for ensuring that you have all rights, consents and permissions necessary to provide your User DataHub Content and to grant us the right to store, display, and use your User Content, including making incidental copies and transfers as part of providing and improving the Service. 
    3. Ownership of other User Content.  You retain ownership and responsibility for any content, data or other materials that you upload or otherwise provide to DLPs, Data DAOs or other Vana Network Participants ("User Content").  The Foundation does not claim ownership over any such User Content and does not control its use or processing within the decentralized Vana ecosystem.   The Foundation is not responsible for any User Content submitted to or processed by Vana Network Participants.   Any disputes or claims related to User Content should be resolved directly with the relevant Vana Network Participants. 
    4. Feedback. You agree that submission of feedback, suggestions and recommendations (“Feedback”) is at your own risk and that we have no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, for any purpose.
  3. PAYMENT
    1. Payments for transactions on the Vana Network are governed by the terms and conditions of the respective Vana Network Participant(s) or other third-party service.  The Foundation is not liable for disputes regarding payment amounts, methods, or processing errors within DLPs or other Third Party Services. You must address payment-related disputes with the relevant parties directly.
    2. Any fees or costs associated with accessing or using the Services, including third-party transaction fees, are your sole responsibility. The Foundation may provide information on costs but does not guarantee its accuracy or applicability to your situation.  The Foundation may charge fees for specific features or tools within the Services. Advance notice will be provided, and continued use of such features after the introduction of fees constitutes your agreement to pay them.
  4. LOCATION OF OTHER POLICIES
    1. These Terms incorporate by reference our Privacy Policy, along with any other policies linked within the Services. Our Privacy Policy is available at https://www.vana.org/legal/privacy-policy.  It outlines how we collect, process, share and use personal data.   By using the Services, you agree to comply with all referenced policies.
    2. Additional policies may apply depending on your role in the Vana Network.  Users are encouraged to regularly review these policies, as they may be updated to reflect new features, legal requirements, or operational changes. Failure to comply with the latest versions of these policies may result in restricted access to the Services.
  5. USER CONDUCT
    1. You agree that you are solely responsible for your conduct in connection with the Service. You agree not to (a) infringe or violate any copyrights, trademarks, patents, or any other intellectual property rights; (b) promote or facilitate illegal activity; (c) compromise the security or functioning of computers, servers, or networks through malicious software or denial of service attacks; (d) uploading or transmit viruses, worms, trojan horses, time bombs, cancel bots, spiders, malware or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (e) engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract or Service except when conducted solely for the purpose of identifying and reporting vulnerabilities, weaknesses, or potential threats within the Service, and only within the predefined boundaries and limitations of the Service; (f) provide false or misleading information to defraud us or others, or engage in any deceptive practices; (g) use data mining, scraping, or similar methods to extract information from the Service; (h) attempt to bypass sanctions or export controls imposed on you or your location; or (i) rely on the Service for unauthorized financial or legal decisions, engage in fraudulent activities, or violate any applicable laws or regulations.
    2. The Service or portions thereof may not be available or appropriate for use in your jurisdiction. By accessing or using the Service, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. Specifically, your use of the Service or participation in the Vana Network may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.
  6. INVESTIGATIONS
    1. We may, but are not obligated to, monitor or review the Service and your use thereof at any time. Although we do not generally monitor user activity occurring in connection with the Service, if we become aware of any possible violations by you of any provision of these Terms of Service, we reserve the right to investigate such violations, and we may, at our sole discrertion, immediately suspend or terminate your right to access or use all or part of the Services without prior notice to you.
  7. INDEMNIFICATION
    1. You agree to indemnify and hold Vana Foundation and our affiliates, officers, directors, employees, contractors, agents, and representatives (“Indemnified Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use the Services or any part thereof; (b) your interactions with any Vana Network Participants or Third Party Services; (c) your violation of these Terms of Service; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Indemnified Parties in asserting any available defenses. This provision does not require you to indemnify any of the Indemnified Parties for any party’s fraud, or fraudulent misrepresentation in connection with the Service provided hereunder. You agree that the provisions in this section will survive any termination of these Terms of Service and/or your access to the Service.
  8. DISCLAIMER OF WARRANTIES.
    1. Not Registered with the SEC or Any Other Agency. We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your transactions when you participate in the Vana Network. 
    2. Non-Custodial and No Fiduciary Duties. THE SERVICE IS A PURELY NON-CUSTODIAL APPLICATION, MEANING WE DO NOT EVER HAVE CUSTODY, POSSESSION, OR CONTROL OF YOUR DIGITAL ASSETS AT ANY TIME. IT FURTHER MEANS YOU ARE SOLELY RESPONSIBLE FOR THE CUSTODY OF THE CRYPTOGRAPHIC PRIVATE KEYS TO THE DIGITAL ASSET WALLETS YOU HOLD AND YOU SHOULD NEVER SHARE YOUR WALLET CREDENTIALS OR SEED PHRASE WITH ANYONE. WE ACCEPT NO RESPONSIBILITY FOR, OR LIABILITY TO YOU, IN CONNECTION WITH YOUR USE OF A WALLET AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING HOW THE SERVICE WILL OPERATE WITH ANY SPECIFIC WALLET. LIKEWISE, YOU ARE SOLELY RESPONSIBLE FOR ANY ASSOCIATED WALLET AND WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY YOU IN CONNECTION WITH OR AS A RESULT OF YOUR WALLET BEING COMPROMISED. WE ARE NOT A BROKER, FINANCIAL INSTITUTION OR INTERMEDIARY AND ARE      IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN. WE CANNOT INITIATE A TRANSFER OF ANY OF YOUR CRYPTOCURRENCY OR DIGITAL ASSETS OR OTHERWISE ACCESS YOUR DIGITAL ASSETS. WE HAVE NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT IN CONNECTION WITH YOUR USE OF THE SERVICE. 
    3. Third Party Transactions. THE SERVICE MAY PROVIDE TECHNICAL MEANS THAT ENABLE YOU TO ENGAGE IN TRANSACTIONS WITH THIRD PARTIES. ALL TRANSACTIONS INITIATED THROUGH THE SERVICE ARE EFFECTED BY YOUR WALLET OR OTHER THIRD-PARTY DIGITAL WALLET EXTENSIONS. BY USING THE SERVICE, YOU AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY AND THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH TRANSACTIONS.
    4. General Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE. THE INDEMNIFIED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    5. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONNECTED CONTENT OBTAINED THROUGH THE SERVICE.
  9. LIMITATION OF LIABILITY.
    1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, DIGITAL ASSETS, CRYPTOCURRENCY, FIAT CURRENCY, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; ((B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; ((C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  
    2. Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, THE INDEMNIFIED PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (I) $100; OR (II) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. 
    3. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
    4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VANA FOUNDATION AND YOU.
  10. DISPUTE RESOLUTION BY BINDING ARBITRATION. 

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VANA FOUNDATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in the      Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to the Terms of Service (including any alleged breach thereof), the Service, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by agreeing to the Terms of Service, we both are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator as stipulated in this Arbitration Agreement, not a judge or jury. 
  2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND US AGREE THAT EACH OF YOU AND US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
  3. Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at support@vanafoundation.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to legal@vanafoundation.org (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and us do not resolve the claim within sixty (60) calendar days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. 
  4. Arbitration Procedures. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Services, including the DataHub, any use or access or lack of access thereto, and any other usage of the Vana Network even if interacted with outside of the Services or DataHub, will be resolved by arbitration, including threshold questions of arbitrability of the Claim.  You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by the London Court of International Arbitration in accordance with the LCIA Rules then in effect ("LCIA Rules"), as modified by this Arbitration Agreement.   The Arbitration shall be conducted before a sole arbitrator in accordance with the LCIA Rules.  The arbitrator shall possess expertise in commercial law and, where applicable, technology-related disputes.  If there is any inconsistency between any term of the LCIA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Terms of Service as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless we both agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the seat of arbitration shall be the Cayman Islands.
  5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the LCIA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, then, at your request, we will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 
  6. Legal Fees.  Each party shall bear its own legal fees and costs (including attorneys' fees) unless the arbitrator, at their discretion, determines that such fees and costs should be awarded to the prevailing party. 
  7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection ‎10.2, titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection ‎10.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply. 
  9. Future Changes to Arbitration Agreement.  Notwithstanding any provision in the Terms of Service to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted the Terms of Service (or accepted any subsequent changes to the Terms of Service).
  10. Exceptions. Notwithstanding the foregoing, you and the Foundation agree that the following types of disputes will be resolved in a court of proper jurisdiction:  (i) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or (ii) intellectual property disputes.
  1. MISCELLANEOUS
    1. Entire Agreement. These terms constitute the entire agreement between you and us with respect to the subject matter hereof. The Terms of Service supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
    2. Governing Law. These Terms of Service and any action related thereto will be governed by the laws of the Cayman Islands without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes not subject to arbitration will be in the Cayman Islands and you and us each waive any objection to such jurisdiction and venue.
    3. Assignment. You may not assign or transfer the Terms of Service, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer the Terms of Service without our prior written consent shall be null and void. We may freely assign or transfer the Terms of Service. Subject to the foregoing, the Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
    4. Notice. We may provide any notice to you under the Terms of Service using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting. Notices to us must be sent via email, to support@vanafoundation.org, or via post, to Vana Foundation, c/o Highvern Cayman Limited, Second Floor, Elgin Court, Elgin Avenue, PO Box 448, Grand Cayman, KY1-1106, Cayman Islands.
    5. Severability. If any provision of the Terms of Service shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of the Terms of Service shall not be affected.
    6. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Services, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
    7. No Waiver. Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Foundation. Except as expressly set forth in these Terms of Service, the exercise by either you or us of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
  2. QUESTIONS, COMPLAINTS, CLAIMS.‍
    1. If you have any questions, complaints or claims with respect to the Service, please contact us at support@vanafoundation.org.

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