Terms of Service

Definitions

In these Terms:

• “Website” means www.boundless.network and the other web properties operated by Boundless that link to these Terms, including the network explorer at explorer.boundless.network.
• “Services” means the content, information, and features Boundless makes available through the Website, including early access registration, but excludes (a) any compute or other services provided under a separate written agreement and (b) the Boundless protocol and any open-source software, which Boundless does not own, control, or operate.
• “Functionalities” means the Website and the Services, collectively.
• “Governmental Authority” means any national, state, local, or supranational government, or any agency, regulator, court, or other authority exercising governmental power.
• “Sanctioned Jurisdiction” means any country or territory subject to comprehensive economic sanctions or embargo administered by the United States (including OFAC), the United Nations, the European Union or any of its member states, or the United Kingdom (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine).
• “Sanctioned Person” means any person or entity that is (a) identified on any sanctions or restricted-party list maintained by a Governmental Authority, including OFAC’s Specially Designated Nationals and Blocked Persons List, (b) located, organized, or resident in a Sanctioned Jurisdiction, or (c) owned or controlled by, or acting for or on behalf of, any of the foregoing.
• “Restricted Territory” means any Sanctioned Jurisdiction and any other jurisdiction from which access to the Functionalities is prohibited or restricted under applicable law.

Eligibility

In order to be eligible to access and use the Functionalities, you represent and warrant to us the following:

• You are at least eighteen (18) years old and capable of forming a binding legal relationship.
• You have the requisite capacity, power, and authority to accept these Terms and to carry out and perform Your obligations under these Terms. These Terms constitute a legal, valid, and binding obligation enforceable against You in accordance with these Terms.
• You are not and must not be under any sanctions imposed or enforced by any national or international authority, nor should you be listed on any roster of prohibited or restricted entities, inclusive of, but not limited to, those maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or any other pertinent governmental authority. Furthermore, you must neither be a citizen of nor domiciled within any nation or region subject to comprehensive sanctions by the United States’ Office of Foreign Assets Control (OFAC), including, but not limited to, Cuba, Democratic People’s Republic of Korea (DPRK), Iran, Syria, or the Russian-occupied regions of Crimea, Donetsk, and Luhansk.
• You do not intend nor will you interact with any Sanctioned Person or any persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any Restricted Territory;
• You do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Functionalities; and
• You will comply with all laws that apply to you, your access to Boundless, and your actions and omissions that relate to the Functionalities.

No Offer; Token and Protocol

Boundless is an artificial intelligence infrastructure company. Boundless does not offer, sell, or facilitate the purchase or sale of ZKC or any other token or digital asset. Boundless may provide, link to, or promote information about ZKC and the Boundless protocol, including at boundless.network/zkc; however, the Boundless protocol is third-party, open-source software that Boundless does not own, control, or operate, and ZKC is not issued or sold by Boundless. Nothing on or made available through the Functionalities is investment, financial, legal, or tax advice, or an offer, solicitation, or recommendation to buy, sell, or hold any security, token, or digital asset. Any interaction with the Boundless protocol, ZKC, or any third-party or open-source software is solely at your own risk and may be governed by separate terms, including the terms of use and privacy policy of the Boundless Foundation (boundlessfdn.org/terms-of-use; boundlessfdn.org/privacy-policy).

Prohibited Uses

You may use the Functionalities only for lawful purposes and in accordance with these Terms. At the very least, You agree not to:

• use the Functionalities in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any applicable sanctions laws, export control laws, securities or other financial regulatory laws, anti-money laundering laws, or privacy laws;
• use any device, software or routine that interferes with the proper working of any functionality available on the Functionalities;
• attempt to probe, scan or test the vulnerability of the Functionalities or its functionalities, or otherwise seek to interfere with or compromise the integrity, security, or proper functioning of the Functionalities or services available on or via the Functionalities;
• attempt to interfere with the proper working of the Functionalities or their capabilities, or interfere with, damage, or disrupt any parts of the Functionalities or any server, computer or database connected to the Functionalities;
• engaging in or attempting to hack, gaining unauthorized access or introducing any kind of malicious code to the Functionalities;
• reverse engineer or decompile (whether whole or in part) any software available through the Functionalities;
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Functionalities, or which, as determined by us, may harm us or users of the Functionalities or expose them to liability; or
• encourage or enable any other individual to do any of the foregoing.

If your use of the Functionalities is prohibited by applicable laws or regulations, then you are prohibited from accessing the Functionalities. We are not responsible for your use of the Functionalities in a way that is a violation of any applicable law or regulation.

Third Party Providers or Websites

By accessing the Functionalities and using the Functionalities, you may also be using the resources, including products, services or content and links of one or more third parties (collectively, “Third Party Providers”). Third Party Providers are available for your convenience only and the availability of Third Party Providers does not constitute an endorsement by Boundless of the same. Third Party Providers are not under Boundless’s control and, as such, are not considered part of the Functionalities. We do not make a representation or warranty regarding any Third Party Provider, including its availability, security, or suitability for use with or in conjunction with the Functionalities. Any proprietary right or interest to any Third Party Provider and any content provided therein belongs to that third party provider subject to any right or license you may hold to such Third Party Provider. If you decide to access or use a Third Party Provider, your activity is governed by the Third Party Provider’s terms and conditions, not by those of the Boundless.

Your Responsibilities

By accessing the Functionalities, you agree and understand that:

• You are solely responsible for your access to and use of the Functionalities and its Functionalities; all transactions you submit to Boundless are considered unsolicited, which means that they are solely initiated by you;
• You have not received any legal, regulatory, financial, investment or tax advice from us in connection with any activities on the Functionalities; to the fullest extent not prohibited by applicable laws, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
• You are solely responsible for reporting and paying any taxes applicable related to your access to and/or use of the Functionalities.
• We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any transaction between you and a third party, and we are not responsible for ensuring that a counterparty with whom you transact completes the transaction or is authorized to do so; and
• No Custody. Boundless does not transfer, custody, hold or control any data, IP, content and/or digital assets on your behalf or those that may be on the Functionalities. You acknowledge and understand that a blockchain network may require fees to the validator or node operator of the relevant network.
• You will be solely responsible to pay the fees, including but not limited to “gas fees” for any of your actions on the Functionalities.

Intellectual Property

All rights to the Functionalities are the property of Boundless, its partners or are open source software. Any existing intellectual property rights such as trademark rights and other intellectual property rights are the exclusive property of Boundless. This content may only be used by the User in connection with the use of the Functionalities and may not otherwise be downloaded, copied, reproduced, distributed, transmitted, broadcast, demonstrated, sold, licensed or used for any other purpose without the prior written consent of the Boundless.

Open-Source Software

Portions of the software available through or relating to the Functionalities, including the Boundless protocol, are open-source software licensed under their respective open-source licenses. Nothing in these Terms limits your rights, or imposes obligations on you, under any applicable open-source license, and in the event of any conflict between these Terms and an applicable open-source license as to such open-source software, that license governs.

Release of Claims

You expressly agree that you assume all risks in connection with your use of the Functionalities. You further expressly waive and release the Boundless, as well as its agents or affiliates and providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Functionalities.

Force Majeure

Boundless shall not incur any liability or penalty for not performing any act or fulfilling any obligation hereunder by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any Governmental Authority, any act of God or war or terrorism, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the Functionalities or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack or on the Functionalities or any aspect thereof). Subject to the foregoing at all times, Boundless shall use commercially reasonable efforts, consistent with accepted practices in the industries in which Boundless operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.

No Warranties

Boundless represents and warrants that to you that it shall use commercially reasonable efforts to support the Functionalities without introducing errors or otherwise corrupting any data submitted by you. You acknowledge and agree that except as set forth in these Terms, the Functionalities are provided on an “as is” basis with faults and without warranty of any kind.

Boundless makes no representation or warranty that the Functionalities will comply with any obligations that User may have under any applicable Laws, rules, regulations, or similar obligations and Boundless shall not have any liability or be responsible for any damages, liabilities, losses, costs, out-of-pocket costs or expenses (including attorneys’ fees), whether direct, indirect, special, incidental, consequential, punitive or otherwise of any kind arising out of, in connection with or relating to the User’s compliance with any obligations under any applicable laws, rules, regulations, or similar obligations. Without limiting the foregoing, Boundless does not represent or warrant that (i) the Functionalities will be error free, uninterrupted or available at all times; or (ii) that the Functionalities will remain compatible with, or operate without interruption on, any equipment provided by User.

User acknowledges and agrees that technical problems may prevent access to the Functionalities or all or any part of the Functionalities and except as set forth in the first sentence of this Section, Boundless makes no warranties and the User receives no warranties, whether express, implied or statutory, regarding or relating to the Functionalities and hereby specifically disclaims, overrides and excludes to the fullest extent permitted by Law, all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and all other warranties, conditions, other contractual terms, representations, indemnities and guarantees with respect to the Functionalities, whether express, implied or statutory, arising by Law, custom, prior oral or written statements by Boundless or any of its agents or affiliates or otherwise (including but not limited to, as to title, satisfactory quality, accuracy, completeness, uninterrupted use, noninfringement, timeliness, truthfulness, sequence and any implied warranties, conditions and other contractual terms arising from transaction usage, course of dealing or course of performance).

Indemnity

You will indemnify and hold harmless the Boundless, our affiliates and third party providers, and their respective officers, directors, employees and agents (together, the “Released Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to the Functionalities, (ii) your use of the Functionalities; and (iii) your violation and/or alleged violation of these Terms.

Limitation of Liability

You acknowledge and agree that Boundless shall, to the fullest extent possible permitted by law, not have any liability in or be responsible for any damages, losses, costs, out of pocket costs or expenses (including attorneys’ fees), whether direct, indirect, special, incidental, consequential, punitive or otherwise of any kind (including, without limitation, any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, or loss of, damage to or corruption of data), in each case arising under or related to claims of breach of contract, tort, including negligence, strict liability, negligent mistreatment, restitution, breach of statutory duty or any other cause of action whatsoever with respect to these Terms, the Functionalities, or any other matter contemplated hereby.

Notwithstanding anything to the contrary herein and without limiting the foregoing, User acknowledges and agrees, that Boundless shall not be held liable for: any loss or theft of rights and/or assets including but not limited to digital assets and including, but not limited to private keys; transaction errors done by the user; late execution or settlement of any transaction whatsoever; the incorrect booking of transactions or the presence of errors in the Functionalities, any security breach or weakness, bug, of any kind including but not limited to bugs related to a digital asset; any security breach or weakness, bug, of any kind in the technology stacks used including but not limited to programming languages and open-source libraries and/or any configuration or installation errors by the User.

Notwithstanding the foregoing, to the extent applicable law does not permit the full exclusion or disclaimer of liability set forth in these Terms, Boundless’s total aggregate liability arising out of or relating to these Terms or the Functionalities will not exceed one hundred United States dollars (US$100). Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions and limitations may not apply to you; in that case they apply to the fullest extent permitted by applicable law.

Boundless makes no warranties or representations, express or implied, about linked Third Party Providers, assets available through them, or the suitability, privacy, or security of their products or services. User acknowledges sole responsibility for and assumes all risk arising from the use of Third Party Providers, third-party websites, applications, or resources. Boundless shall not be liable under any circumstances for damages arising out of or in any way related to software, products, services, and/or information offered or provided by third-parties and accessed through any of the Functionalities.

Dispute Resolution

In the event that a dispute is not settled amicably, then either Party may, by notice in writing to the other Party, request a mediation to be administered by a neutral party acceptable to both Parties. If the Parties are unable to agree on the identity of a mediator within a period of 14 days from the delivery of such notice, then any Dispute not resolved in accordance with this section shall be referred to and finally resolved by arbitration. The arbitration shall be administered by JAMS in accordance with its then current Streamlined Arbitration Rules & Procedures. Judgment upon the award rendered may be entered in any court having jurisdiction thereof. The seat of the arbitration shall be San Francisco, California or, at the election of either party, virtual. The Tribunal shall consist of one (1) arbitrator to be appointed in accordance with the rules. The language of the arbitration shall be in English. The costs of the arbitration, including the Parties’ attorneys’ fees and expenses, shall be paid at the discretion of and pursuant to the decision of the arbitrator.

• This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 et seq., which governs its interpretation and enforcement.
• Waiver of jury trial. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
• Waiver of class or other non-individualized relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts located in San Francisco, California. All other disputes, claims, or requests for relief shall be arbitrated.

Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the laws of California.

Survival of Terms

These Terms will survive the termination of your relationship with us.

Notices

Boundless may provide any notices to you under these Terms using commercially reasonable means, including public communication channels. Notice provided by using public communication channels will be effective upon posting.

Assignment

Boundless may freely assign, transfer, or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law. You may not assign or delegate your rights or obligations hereunder without the prior, written consent of Boundless.

Severability

Should any part or provision of these Terms be held invalid by any arbitration tribunal, competent court, governmental or administrative authority having jurisdiction, the other provisions of these Terms shall nonetheless remain valid. In this case, you and Boundless shall endeavor to negotiate a substitute provision that best reflects the economic intentions of you and Boundless without being enforceable, and shall execute all agreements and documents required in this connection. The same shall apply if and to the extent that these Terms are found to contain any gaps or omissions.

No Waiver

No failure on the part of you or Boundless to exercise any power, right, privilege or remedy under these Terms, and no delay on the part of you or Boundless in exercising any power, right, privilege or remedy under these Terms, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Neither you nor Boundless shall be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of you or Boundless; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Contact Information

If you have any questions or concerns please contact: legal@boundless.network.