FLock Terms of Use

EFFECTIVE DATE: October 4, 2024

PLEASE READ THESE TERMS OF USE BEFORE USING THE WEBSITES.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and FLock Technology Holdings (“FLock,” “Company,” “we,” “our” and/or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any website published by FLock, including, but not limited to, any content, functionality, and services offered on or through flock.io, docs.flock.io, flock-io.medium.com, beta.flock.io, train.flock.io and other websites affiliated to FLock. (the “Websites”).

Please read the Terms of Use carefully before you start to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy, incorporated herein by reference (the “Privacy Policy”).

If you do not agree to these Terms of Use, you must not access or use the Websites.

Who May Use the Websites

The Websites are only available to users in certain jurisdictions who can use the Websites as permitted under Applicable Law (as defined below). Without limitation, you must be at least 18 years of age to use the Websites. You may not attempt to access or use the Websites if you are not permitted to do so. OUR WEBSITES IS NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE WEBSITES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

  • (i) In order to protect the integrity of the Websites, we reserve the right, at any time, in our sole discretion, to block access to the Websites from certain IP addresses and unique device identifiers.
  • (ii) We reserve the right to report any activity occurring using the Websites to relevant tax authorities as required under Applicable Law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Websites. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Websites.
  • (iii) In addition to the other suspension and termination rights in these terms, we may suspend or terminate your access to the Websites at any time in connection with any transaction as required by Applicable Law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating the terms of any third-party service provider or these terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the geographical restrictions that apply to the Websites, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Websites being inaccessible to you at any time or for any reason. Such suspension or termination shall not be constituted a breach of these Terms of Use by FLock. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose limitations and controls on the ability of you or any beneficiary to utilize the Websites. Such limitations may include rejecting transaction requests, freezing funds, or otherwise restricting you from using the Websites, all to the extent of our ability to do so.

Use of the Websites

As a condition to accessing or using the Websites, you represent and warrant to the FLock the following: (i) if you are entering into these Terms of Use as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them and if you are entering into these Terms of Use as an entity, then you must have the legal authority to accept these Terms of Use on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity; (ii) you are not a resident, national, or agent of Algeria, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Cote D’Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Mali, Morocco, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe or any other country to which the United States embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”); (iii) you are not on any sanctions list or equivalent maintained by the United States government (collectively, “Sanctions Lists Persons”) and you do not intend to transact with any Restricted Person or Sanctions List Person; (iv) you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Websites; (v) you represent and warrant to us that you have obtained all required consents from any individual whose personal information you transfer to us in connection with your use of the Websites; and (vi) your access to the Websites is not: (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over FLock, you or the Websites, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity.

You acknowledge, understand, and agree to the following: (i) from time to time the the Websites may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that FLock or any of its suppliers or contractors may undertake from time to time; (c) causes beyond FLock’s control or that FLock could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason; (ii) the Websites may evolve, which means FLock may apply changes, replace, or discontinue (temporarily or permanently) the Websites at any time in its sole discretion; (iii) FLock does not act as an agent for you or any other user of the Websites; (iv) you are solely responsible for your use of the Websites; and (v) 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 covenant to FLock the following: (i) you will comply with all Applicable Laws in connection with using the Websites, and you will not use the Websites if the laws of your country, or any other Applicable Law, prohibit you from doing so; and (ii) in addition to complying with all restrictions, prohibitions, and other provisions of these Terms of Use, you will ensure that, at all times, all information that you provide during your use of the Websites is current, complete, and accurate and you will maintain the security and confidentiality of your private keys associated with your public wallet address, passwords, API keys, private keys associated with your Websites account and other related credentials.

Each party shall be responsible for all Taxes imposed on its income or property. In addition, interactions with the protocol may also result in transaction fees or Gas Fees (as defined below) imposed by the protocol, which are also solely your responsibility. “Gas Fees” mean the fees that fund the network of computers that run the decentralized blockchain network, meaning that you will need to pay a Gas Fee for each transaction that occurs via the blockchain network.

Changes to the Terms of Use

We reserve the right, at our sole discretion, to change these Terms of Use at any time, which change will be effective five (5) days following posting the revision to the Terms of Use on the Website. Your continued use of the Websites or FLock services five (5) days following such posting means you accept those changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We do not guarantee that our Websites or any content on them will always be available or be interrupted. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or entire Websites, to users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Websites; and
  • Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to use the Websites, including, but not limited to, using any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we may take with respect to your information that are consistent with our Privacy Policy.

You should use particular caution when inputting personal information onto the Websites on a public or shared computer so that others are not able to view or record your personal information.

Intellectual Property Rights

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by FLock, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless otherwise marked, (a) all material, data, and information on the Websites, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code are licensed under the Creative Commons Attribution 4.0 International License; and (b) all software or computer code are licensed under the MIT License.

Trademarks

The Company name, the terms FLock, FLock GPT, Bitcoin GPT, Ethereum GPT, X1 GPT, Scroll GPT, BNB GPT, SecondLive GPT, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of FLock or its affiliates or licensors. You must not use such marks without the prior written permission of FLock. All other names, logos, product and service names, designs and slogans on this Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • To impersonate or attempt to impersonate FLock, a FLock or a FLock’s affiliate employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm FLock or users of the Websites or expose them to liability.

Additionally, you agree not to:

  • Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites;
  • Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Websites;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server(s) on which the Websites is stored, or any server, computer or database connected to the Websites;
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of the Websites.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

The Websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FLock, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FLock. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Websites

We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Websites

All information we collect on the Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions that may be taken by us with respect to your information in compliance with the Privacy Policy. [Note: to insert URL]

Online Purchases and Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. In the event of terms that are directly conflicting between these Terms of Use and additional terms and conditions, the additional terms and conditions shall control.

Linking to the Websites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.

Geographic Restrictions

The owner of the Websites is based in Cayman Islands. We make no claims that the Websites or any of its content is accessible or appropriate outside of Cayman Islands. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside Cayman Islands, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR CRYPTO ASSETS, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of Cayman Islands or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in Hong Kong although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and other terms of conditions of ours constitute the sole and entire agreement between you and the Company with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

Your Comments and Concerns

The Websites are operated by FLock. All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: hello@flock.io