TERMS OF SERVICE
Last Updated 05-10-2023

This Terms of Service Agreement (this “Agreement”) is a binding contract between you, an individual or entity user or authorized representative of such user (“you” or “your”) and 0xPepes LLC, a company formed pursuant to the laws of Saint Vincent and The Grenadines or any successor operator of the App (together with any successors or assigns “0xPepes,” “we,” “us” or “our”). This Agreement governs your use of the App and the services we provide via the App (the “Services”).

BY ACCESSING OR USING THE APP OR OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT ACCESS OR USE THE APP OR OUR SERVICES.

If you are accessing the App or using our Services on behalf of an Organization, then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “you” or “your” in this Agreement will refer to the Organization.

General Terms and Conditions

  1. Description. The App provides users with general information about the Services and investment opportunities offered by 0xPepes.
  2. No Advice. 0xPepes and its Associates do not provide any investment, portfolio management, legal, accounting, tax, or other advice, or advice on trading techniques, models, algorithms, or any other schemes.
  3. Information Submitted to Us and Identity Checks. By using the App or Services, you agree to provide promptly all information requested and necessary to satisfy due diligence requirements and obligations as set forth in 0xPepes' sole and absolute discretion. You agree to provide promptly any documentation, information, or records requested by 0xPepes at any time.
  4. Compliance. 0xPepes is committed to providing safe, compliant, and reputable Services. Accordingly, 0xPepes may, in its sole and absolute discretion, conduct comprehensive and thorough user due diligence processes and ongoing analysis and reporting. By agreeing to this Agreement, you shall certify that you are not a Prohibited Person and are not utilizing the Services for the benefit of a Prohibited Person.
  5. Reservation of Rights. 0xPepes reserves the right to bar any transactions on the App or through the Services, for or with, any user for any reason, or for no reason, at any time, subject to any limitations imposed by applicable laws.
  6. Accuracy of Information. You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to us in connection with your use of the App or Services.
  7. Acknowledgment. You acknowledge that we may check your background and identity, in our sole and absolute discretion, in connection with certain uses of the App.
  8. Additional Terms. We may require you to agree to additional terms and/or policies from time-to-time in connection with your use of the App or Services (“Additional Terms”). Except as expressly stated otherwise in such Additional Terms, any Additional Terms are hereby incorporated into and subject to this Agreement.
  9. Changes to this Agreement. You understand and agree that 0xPepes may change this Agreement at any time without prior notice. The revised Agreement will become effective at the time of posting, and your use of the App or Services after such time will constitute your acceptance of the revised Agreement.
  10. Consideration. 0xPepes may charge you fees for certain Services and other uses of the App. If we do, then we will notify you of those.
  11. Changes to this Agreement. You understand and agree that 0xPepes may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Site. The revised Agreement will become effective at the time of posting, and your use of the Site or Services after such time will constitute your acceptance of the revised Agreement. If any change to this Agreement is not acceptable to you, then your sole remedy is to stop using the Site or Services. Notwithstanding the preceding sentences of this Section 11, no revisions to this Agreement will apply to any dispute between you and 0xPepes that arose prior to the effective date of such revisions.
  12. Consideration. 0xPepes currently provides you with access to the App for free. In return for enjoying this free access, you acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase the value of 0xPepes from your use of the App, and you will have no right to share in any such revenues, goodwill or value whatsoever. However, we may charge you fees for certain investment services provided through the App. If we do, then we will notify you of those fees before you have an obligation to pay them.
  13. Jurisdictional Issues. 0xPepes makes no representation that materials on the Site or the Services are appropriate, lawful or available for use in any location. Those who choose to access or use the Site or Services do so on their own initiative and are responsible for compliance with all applicable Laws.
  14. Eligibility. You may not use this Site or the Services if you are (i) a natural person under the age of 18, (ii) a Person who is not legally able to enter into a binding contract, or (iii) a Person who is prohibited from receiving or using the Services under the applicable laws of the jurisdiction in which you reside or from which you access or use the Site or Services. By accessing or using the Site or Services, you represent and warrant that you meet the eligibility requirements in this Section 14.
  15. Mobile Services. The Site or portions thereof may be accessible via a mobile phone, tablet, or other wireless devices (collectively, "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. All use of the Site and the related Mobile Services must be in accordance with this Agreement. 0xPepes and its Associates shall not be liable for any loss or damage resulting from any malfunction in its Site or Service to the extent such malfunction arises from or is connected to your mobile carrier's service.
  16. Registration; Accounts Log-In Credentials. While you may browse public-facing portions of the Site without registering, in order to access certain portions of the Site, 0xPepes may require you to register an account (an "Account") or meet other criteria as determined by us in our sole discretion. Account Security. You are responsible for the security of your Account and for all activities that occur through the use of your credentials. You agree to notify us immediately if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. Separate log-in credentials may be required to access Third-Party Services.

    Revocation of Access. We reserve the right to disallow, cancel, remove, or reassign certain usernames and other information associated with an Account in appropriate circumstances, as determined by us in our sole discretion. We may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Services or Site, infringe or violate any third-party rights, damage or bring into disrepute the reputation of 0xPepes, or violate any applicable Laws. If messages sent to the email address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third party.
  17. Intellectual Property Rights License. Subject to your complete and ongoing compliance with this Agreement, 0xPepes grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to access and use the Services and Site solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the Services and Site available to you.

    Content. Except as otherwise set forth in this Agreement, the content that 0xPepes provides to you on the Services and Site, including any text, graphics, software, interactive features, information, or other materials (collectively, the "0xPepes Content"), is protected by copyright or other intellectual property rights and owned by 0xPepes or its licensors. 0xPepes or its licensors own all design rights, database and compilation rights, and other intellectual property rights in and to the Services and Site, whether registered or unregistered, and any related goodwill.

    Marks. 0xPepes' trademarks, service marks, and logos (collectively, the "0xPepes Trademarks") used and displayed on the Site are 0xPepes registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Services and Site may be trademarks or service marks owned by third parties (collectively with the 0xPepes Trademarks, the "Trademarks"). Except as otherwise permitted by Law, you may not use the Trademarks to disparage 0xPepes or the applicable third party, 0xPepes' or a third party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without 0xPepes' prior written consent. All goodwill generated from the use of any 0xPepes Trademark will inure solely to 0xPepes' benefit.
  18. Content - General. Certain features on the Site may allow you to submit or upload (collectively, "Submit") content to the Site or you may otherwise directly or indirectly provide content to 0xPepes, such as user profile content or other materials subject to intellectual property or similar Laws ("User Content"). For all User Content that you Submit, you hereby grant to us (and those third parties we work with) a worldwide license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User Content works better with our Site), publish, publicly perform and display and distribute such content; provided that we will not share with other users any User Content that you Submit that is not viewable by other users based on any privacy settings available on the Site. The rights you grant in this Section are for the purpose of operating, promoting, and improving our Site and Service, and this license continues even if you stop using our Site.

    Disclaimer. We are under no obligation to edit or control User Content that you Submit, and will not be in any way responsible or liable for User Content. 0xPepes may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable, such as, without limitation, User Content that 0xPepes determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar, or otherwise inappropriate (collectively, "Objectionable Content"). Further, we may, in our sole discretion, take any action we deem necessary and/or appropriate against any user who Submits Objectionable Content, including, but not limited to, warning the user or suspending or terminating the user's Account.
  19. Restrictions on Use of the Site. Without limiting any other terms of this Agreement, you agree not to (and not to attempt to):
    a. decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Site;
    b. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or Site, or any activity conducted thereon;
    c. delete or alter any material 0xPepes makes available on the Site;
    d. frame or link to any of the materials or information available on the Site;
    e. use or exploit any Trademarks or 0xPepes Content in any manner that is not expressly authorized by this Agreement;
    f. access, tamper with, or use non-public areas of the Site, 0xPepes' (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of 0xPepes' providers;
    g. provide any false information to 0xPepes;
    h. create a false identity or impersonate another person or entity in any way;
    i. restrict, discourage, or inhibit any person from using the Site;
    j. use the Site, without 0xPepes' prior express written consent, for any unauthorized purpose;
    k. gain unauthorized access to the Site, other users' Accounts, or to other computers or websites connected or linked to the Site or Services;
    l. transmit to the Site any virus, worm, spyware, malware, ransomware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Site or Services or communications equipment and computers connected thereto;
    m. violate any federal, state, or local Laws or the terms of this Agreement; or
    n. assist or permit any person in engaging in any of the activities described above.
  20. Subpoenas and Court Orders. It is 0xPepes' policy to comply with all facially valid subpoenas, court orders, or binding orders issued to it by law enforcement agencies and other Government Authorities. This may affect your access to your account, your funds, and our services to you. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable Law, the guidance or direction of any regulatory authority or Government Authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
  21. Third-Party Services. 0xPepes and its Associates may contract with Persons, including those providing research analysis or other information related to the Services to provide certain data, information, insights, analysis, and articles that are made available through the Site and the Services, and may also provide links to third-party websites (or other online properties that are not owned or controlled by 0xPepes) or services that are not under the control of 0xPepes (such information and services collectively, "Third-Party Services"). In addition to this Agreement, you may be bound by any additional terms required by providers of Third-Party Services. 0xPepes and its Associates make no representations about and accept no liability for any Third-Party Services. 0xPepes and its Associates are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby, or for their privacy and security policies and procedures.
  22. Feedback. If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Site or Services ("Feedback"), then you hereby grant to us a non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), worldwide, and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.
  23. Governing Law. This Agreement shall be construed and interpreted in accordance with the Laws of Saint Vincent and The Grenadines, without giving effect to provisions thereof regarding conflict of laws.
  24. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement or the interpretation, breach, termination, or validity hereof shall be resolved through arbitration in accordance with the Saint Vincent and The Grenadines Conciliation and Arbitration Centre rules. The language to be used in the arbitral proceedings shall be English and the seat of the arbitration shall be the Saint Vincent and The Grenadines.
  25. Third-Party Disputes. ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF 0xPEPES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SMART AGREEMENT (AS DEFINED BELOW) OR ANY DISPUTE WITH A PROJECT (AS DEFINED BELOW) OR DISPUTE RELATED TO THE PURCHASE OF PROJECT TOKENS (AS DEFINED BELOW) IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE 0xPEPES AND ITS ASSOCIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
  26. Limitation of Liability and Disclaimer of Warranties
    0xPEPES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM OR ANY CONTENT THEREON OR THE SERVICES. ACCORDINGLY, THE PLATFORM AND ALL CONTENT THEREON AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND 0xPEPES HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

    WITHOUT LIMITING SECTION 10.1, 0xPEPES MAKES NO WARRANTY THAT THE PLATFORM, SERVICES, OR ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM, SERVICES, OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN 0xPEPES WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

    IN NO EVENT WILL 0xPEPES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE PLATFORM, SERVICE, AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF 0xPEPES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 0xPEPES’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO 0xPEPES PURSUANT TO THIS AGREEMENT.

    0xPEPES SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH (i) ANY OUTAGE OR UNAVAILABILITY OF THE PLATFORM OR ANY PROBLEMS YOU MAY HAVE IN PARTICIPATING ON THE PLATFORM OR IN OUR SERVICES, OR (ii) ANY SECURITY BREACH AFFECTING ANY FEATURE, CONTENT OR SERVICES AVAILABLE ON THE PLATFORM. YOU BEAR ALL RISKS OF USING THE PLATFORM, AND YOU SHOULD ONLY PARTICIPATE TO THE EXTENT YOU ARE WILLING AND ABLE TO LOSE ANY AMOUNTS SPENT AND/OR INVESTED.
  27. THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS
    Despite extensive efforts to ensure the accuracy of information, there may still be technical or factual inaccuracies, as well as typographical errors in any content or communication. It is important to verify any information before relying on it, especially when making critical decisions.
  28. ENHANCED ACCESS TO INFORMATION MAY ALSO LEAD TO INFORMATION OVERLOAD
    While technology has provided us with unparalleled access to information, it has also created the potential for information overload. This can result in feelings of stress and anxiety, as well as difficulty in making decisions or focusing on tasks. It is essential to develop strategies to manage the volume of information we are exposed to, such as setting boundaries, prioritizing, and filtering out irrelevant content.
  29. DIGITAL DIVIDE AND ACCESS TO TECHNOLOGY
    Despite the widespread availability of technology, there remains a digital divide between those who have access to technology and the internet and those who do not. This can exacerbate existing social, economic, and educational disparities, making it vital to address this issue through policy and investment.
  30. THE IMPORTANCE OF DIGITAL LITERACY AND CRITICAL THINKING
    As technology continues to advance, digital literacy and critical thinking skills become increasingly important. These skills enable individuals to effectively navigate, evaluate, and create information in the digital age. Teaching these skills in schools and promoting lifelong learning can help people thrive in an increasingly technology-dependent world.
  31. THE POTENTIAL FOR TECHNOLOGY TO TRANSFORM EDUCATION
    Technology offers immense potential to revolutionize education, making learning more accessible, personalized, and engaging. Through the use of platforms like online courses, virtual classrooms, and educational apps, learners can access resources and collaborate with others regardless of geographical location. Additionally, advances in adaptive learning and artificial intelligence can help create more personalized learning experiences.
  32. THE FUTURE OF WORK AND THE ROLE OF TECHNOLOGY
    Technology is rapidly changing the landscape of work, with automation and artificial intelligence affecting job roles and industries. This shift requires individuals to adapt and acquire new skills to stay competitive in the job market. It is crucial for policymakers, educators, and employers to work together to prepare the workforce for the future, providing opportunities for retraining and lifelong learning.

    Severability. If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.

    No Waiver. Failure of 0xPepes to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against 0xPepes unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.

    Entire Agreement. This Agreement constitutes the entire agreement between you and 0xPepes with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof.

    Headings. The section headings are provided merely for convenience and will not be given any legal import.

    Assignment. This Agreement will inure to the benefit of our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of 0xPepes. 0xPepes may assign this Agreement, including all its rights hereunder, without restriction.

Terms of Service Specific to the 0xPepes Platform

Use of the 0xPepes Platform. 0xPepes operates the 0xPepes Platform, which is an application that facilitates the drafting, executing, and enforcing of contracts between you and other users. The 0xPepes Platform does not require you to hold any tokens for access or use.

Dispute Resolution and Arbitration. Any controversy or claim by and between two parties to a contract created using the 0xPepes Platform (the "Disputing Parties") arising out of or relating to the contract or the interpretation, breach, termination, or validity thereof (the "Arbitration") shall be resolved through the 0xPepes Platform's arbitration mechanism.

The arbitration process, selection of arbitrators, payment of collateral, arbitration procedure, fees and return of collateral, venue, language, and finality of the arbitrators' decision will be in accordance with the specific rules and procedures set forth on the 0xPepes Platform.

User Content To the extent that you provide User Content, you grant 0xPepes a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content.

You represent and warrant that you have all the rights, power, and authority necessary to authorize 0xPepes to use any User Content you provide. You also agree to all such uses of your User Content with no liability or responsibility on the part of 0xPepes.

0xPepes reserves the right to remove or modify User Content for any reason, including User Content that 0xPepes believes violates these Terms of Service.

Feedback

0xPepes welcomes your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant 0xPepes the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, 0xPepes does not waive any rights to use similar or related Feedback previously known to 0xPepes or obtained from sources other than you.

Contact Us. If you would like to contact us for any reason, email us at hello@0xpepes.com.