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Terms Updated : 25-08-2023

Frequency Chain Terms & Usage

These terms of use, together with any documents and additional terms or policies expresslyincorporating these Frequency Chain Terms by reference (these "Frequency Chain Terms"), governyour access to and use of all content, functionality, features, and services (the "Services") available on or through the website www.frequencychain.org and any other websites, web applications, or mobile applications operated by TGPS Infotech, as defined below (collectively, the "Site"). This constitutes a binding agreement between Frequency Chain & TGPS Infotech ("Frequency Chain," "we," "us," or "our") and you, whether on an individual basis or on behalf of an entity ("you" or "your").

By accessing or using the services or the site, you affirm that you have read, understood, and agree to abide by these Frequency Chain terms, including the binding arbitration agreement below. If you disagree, please refrain from using the services or the site.

1. Navigating the Frequency Chain

You acknowledge and consent that Frequency Chain and TGPS Infotech does not oversee, maintain, provide enhancements for, or govern the decentralized protocol referred to as the Frequency Chain PoA or any other implementation of a protocol initially developed by TGPS Infotech (collectively, the "Frequency Chain Network"), except for specific components of the Frequency Chain Mainnet. Furthermore, Frequency Chain and TGPS Infotech does not exert control over actions and data on the Frequency Chain Network, activities conducted by individuals or entities that create and utilize applications on the Frequency Chain Network, transaction validation, or other operations on the Frequency Chain Network, or any other use of the Frequency Chain Network. Therefore, references to "Services" within these Frequency Chain Terms exclude the Frequency Chain Network.

You acknowledge and agree that:

2. Adjustments to Frequency Chain Terms and More

We reserve the right, at our sole discretion, to modify these Frequency Chain Terms at any time by posting a revised version on the Site. The updated terms will become effective immediately upon posting. By continuing to use the Services or the Site after the effective date of any revisions to these Frequency Chain Terms, you agree to abide by the amended terms. It is your responsibility to regularly review the Site for changes to these Frequency Chain Terms. Our most recent update to these Frequency Chain Terms was made on the date indicated at the beginning of these Frequency Chain Terms.

For information on the collection, use, and disclosure of personal and other data, please refer to our Privacy Policy (the "Privacy Policy"). By using the Services or the Site, you consent to our collection, use, and disclosure of personal data and other data as outlined in the Privacy Policy.

While using specific Services, you may be subject to additional terms applicable to those Services, which may be posted on the Services or the Site associated with such Services.

3. Permission Granted by Frequency Chain

Both the Services and the Site are intended for users aged 18 or older. If you are entering into these Frequency Chain Terms on behalf of an entity, such as your employer's company, you represent to us that you have the legal authority to legally bind that entity. Failure to meet these requirements requires you to refrain from accessing or using the Services or the Site.

You warrant and affirm that you are not, and throughout your use of the Frequency Chain Mainnet, you will not be (a) subject to economic or trade sanctions enforced or administered by any governmental entity or listed on any roster of prohibited or restricted parties; or (b) a citizen, resident, or organized entity within a jurisdiction or territory subject to broad national, territorial, or regional economic sanctions by entities like the United Nations, European Union, United Kingdom, or the United States, including, but not limited to, locations like Cuba, Crimea, Donetsk, Luhansk regions of Ukraine, Iran, North Korea, or Syria. If your status as described above no longer applies at any point, you must promptly discontinue your use of the Frequency Chain Mainnet.

4. Evolution of Services and Site

We retain the right to modify or discontinue the provision of the Services or access to the Site without prior notice to you.

5. Your Responsibilities Towards Frequency Chain

By adhering to these obligations, you ensure that your use of the Frequency Chain Services or the Site does not breach: (1) any relevant policies accessible to you, including the Privacy Policy; (2) these Frequency Chain Terms; or (3) any applicable laws or regulations. It is your responsibility to properly configure and integrate the Frequency Chain Services or incorporate them into your applications. Additionally, you are responsible for implementing appropriate measures to secure your data, including but not limited to financial information, Coins, and private keys.

6. Ownership and License

All rights, titles, and interests, including intellectual property rights, related content, and technology concerning the Frequency Chain Services and the Site, unless explicitly stated otherwise, belong to Frequency Chain or its licensors. Frequency Chain hereby grants you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable license to use, copy, and distribute the Frequency Chain Services or the Site in accordance with the defined purposes herein. Your rights concerning the Frequency Chain Services or the Site are outlined in these Frequency Chain Terms and do not grant additional entitlements.

7. Usage Restrictions

The intended usage of the Frequency Chain Services or the Site is strictly as defined by these Frequency Chain Terms or an applicable separate license. Specifically, you are prohibited from:

8. Marks of Frequency Chain

Graphics, logos, page headers, button icons, scripts, and service names associated with Frequency Chain are trademarks, registered trademarks, or trade dress of Frequency Chain (the "Frequency Chain Marks"). Any other trademarks not owned by Frequency Chain and appearing on this Site are the property of their respective owners, whether affiliated with, connected to, or sponsored by Frequency Chain or not. Any use of Frequency Chain Marks is subject to the terms specified in the Frequency Chain Brand Guidelines.

9. Welcome Your Input

We sincerely appreciate your Feedback, providing suggestions to enhance the Frequency Chain Services and the Site. While we aim to review your Feedback, we are not obligated to implement any changes or enhancements based on your submitted Feedback. It's important to note that we will have all rights, titles, and interests in any Feedback you provide. You affirm and guarantee that: (a) you and your licensors possess all rights, titles, and interests in your Feedback; and (b) by providing Feedback to us, you do not infringe upon the intellectual property or other rights of third parties.

10. Linking and Sharing

You are granted the ability to link to our Site, provided that such action is carried out in a manner that maintains fairness and legality. This linking must not tarnish our reputation or exploit it in any way. However, any link you create must not suggest any form of association, endorsement, or approval on our part, unless expressly granted through our written consent.

11. External Links

If the Site includes links to external sites and resources provided by third parties, please be aware that these links are provided solely for your convenience. We have no control over the content of these sites or resources and assume no responsibility for them or any losses or damages that may arise from their use. If you choose to access third-party websites linked to the Site, you proceed at your own risk, subject to the terms and conditions of those websites. We reserve the right to revoke linking permission without prior notice.

12. General Indemnity

You shall agree to defend, indemnify, and hold us, our affiliates, and licensors, as well as their respective employees, officers, directors, and representatives (collectively referred to as the "Frequency Chain Parties"), harmless from any liability for monetary damages, contractual claims, financial losses (including direct, incidental, or consequential damages), loss of profits or income, fines, penalties, punitive or exemplary damages, and any form of injury, harm, or damage, including reasonable attorney’s fees ("Damages"), arising from any demand, claim, lawsuit, regulatory action, or proceeding, regardless of the cause or allegations, even if the allegations are groundless, fraudulent, false, or lack merit, and regardless of the theory of recovery ("Claim(s)") related to: (a) your use of the Frequency Chain Services or the Site (including use by your customers, users, employees, or other personnel); (b) violation of these Frequency Chain Terms or breach of applicable laws by you, your customers, users, employees, or other personnel; (c) disputes between you and third parties; (d) alleged or actual infringement or misappropriation of any third party's intellectual property or other rights; and (e) your Feedback. In the event we receive a third-party subpoena or any compulsory legal order or process related to Claims described in (a) through (e) above, you shall reimburse us for the time and effort expended by our employees and contractors in responding to such matters at our prevailing hourly rates and reasonable attorney’s fees, in addition to the indemnification set forth above.

13. Process of Indemnification

If indemnification is required from you, you hereby agree that we have the sole discretion to control any action or proceeding and decide whether to settle and, if so, under what terms. You also commit to fully cooperate with us in defending or settling such Claim.

14. Disclaimers

PROVIDED "AS IS"

The Frequency Chain services and the site are provided "as is." Unless otherwise prohibited by law or to the extent statutory rights apply that cannot be excluded, limited, or waived, neither we nor any other Frequency Chain party makes any representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Frequency Chain services or the site. The Frequency Chain parties expressly disclaim all warranties, including implied or express warranties of: (a) merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment; (b) arising from course of dealing, usage, or trade; (c) the accuracy, uninterrupted nature, error-free aspect, or freedom from harmful components of the Frequency Chain services or the site; and (d) the security or preservation of content or assets.

15. Restrictions on Liability

The Frequency Chain parties shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers or users, opportunities, goodwill, use, data, content, or other assets), even if any of the Frequency Chain parties have been informed of the possibility of such damages. Furthermore, none of the Frequency Chain parties shall assume responsibility for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use, or any delay in the use of, the Frequency Chain services or the site, including as a result of any (i) termination of these terms of use or your use of or access to the Frequency Chain services or the site, (ii) our suspension or discontinuation of any or all of the Frequency Chain services or the site, or (iii) any unplanned or unscheduled downtime of all or a portion of the Frequency Chain services or the site for any reason; (b) the cost of acquiring substitute goods or services; (c) any investments, expenses, or commitments made by you in connection with these terms of use or your use of or access to the Frequency Chain services or the site; (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of your data; or (e) any change in value of any crypto-asset. In any event, the Frequency Chain parties' aggregate liability under these terms of use shall not exceed $100. The limitations set forth in this section shall apply to the fullest extent permitted by applicable law.

16. Community Guide lines - Introduction

Within the realm of Frequency Chain, a tapestry of community-driven initiatives flourishes, including the Frequency Chain Advocate and Frequency Chain – Green Carpet Foundation (collectively termed "Community Programs"). These initiatives are meticulously curated to nurture an environment that radiates warmth, inclusivity, respect, and zero tolerance for harassment. They offer participants a platform to engage, amplify, and deepen their understanding of the Frequency Chain protocols and ecosystem. This document, christened as the "Community Guidelines," delineates the behavioural compass for members of these Community Programs. These compass points apply not just to exchanges in public domains and community spaces, but also when engaging with one another privately, particularly when assuming an official mantle of representation within a Community Program. Instances of official representation encompass roles such as Associates or Advocates during online or offline events. The contours of such representation may find further illumination through administrators of the specific Community Program. Every participant of these Community Programs is expected to adhere to the paths outlined in these Community Guidelines.

Ethical Foundations

By engaging in the tapestry of Community Programs with Green Carpet Foundation, each participant undertakes a pledge to navigate with legality, honesty, and ethics, embracing respect as a guiding North Star. This collective commitment is a cornerstone to ensure a tapestry devoid of harassment, where every member of the Frequency Chain community finds a haven. Irrespective of age, caste, ability, neurodiversity, ethnicity, gender, gender identity, origin, race, immigration status, religion, sexuality, socioeconomic position, body dimensions, or other traits, this pledge extends. Anchored in this pledge are behaviours that seed a thriving ecosystem:

Examples of disallowed conduct, spanning the gamut but not confined to:

A drift from these Community Guidelines may beckon consequences: exclusion from Community Program participation, relinquishment of roles as official representatives, or other befitting measures.

17. Additional Provisions

17.1 Transfer of Rights and Responsibilities

Without obtaining our prior written consent, you are prohibited from transferring or assigning any of your rights and obligations stipulated in these Frequency Chain Terms. On the contrary, Frequency Chain maintains the unrestricted right to partially or entirely transfer or assign these Frequency Chain Terms. Any transfer or assignment that contravenes this clause shall be deemed null and void. These Frequency Chain Terms are legally binding on both parties and extend to their respective successors and assignees.

17.2 Comprehensive Understanding

These Frequency Chain Terms, encompassing any policies that incorporate these terms by reference, establish the entirety of the agreement between you and us regarding the subject matter. They take precedence over all prior or concurrent representations, understandings, agreements, or communications, regardless of being written or spoken, between you and us concerning the subject matter. We disavow and object to any term, condition, or provision deviating from or augmenting the provisions of these Frequency Chain Terms, irrespective of its potential to significantly alter these terms. This includes any terms, conditions, or provisions presented by you in any form of feedback, communication, acceptance, confirmation, correspondence, or similar documents.

17.3 Jurisdiction and Legal Venue

These Frequency Chain Terms are subject to the jurisdiction of and governed by the laws of the Thailand, irrespective of any conflicts of law principles. Any dispute, claim, or controversy exempt from arbitration shall be presented before the courts situated in the Thailand.

17.4 Arbitration and Renouncement of Class Actions

Any dispute, claim, or controversy arising from or linked to these Frequency Chain Terms, the Frequency Chain Services, or the Site—be it in terms of breach, termination, enforcement, interpretation, or validity—shall be resolved through arbitration in the Thailand, presided over by a single arbitrator. This arbitration process will adhere to the Arbitration Rules and Procedures of the state. The arbitration award can be enforced within any court possessing the requisite jurisdiction. This provision does not hinder parties from seeking interim remedies through an appropriate court. All arbitration proceedings pursuant to these Frequency Chain Terms will be carried out on an individual basis, explicitly forbidding class arbitrations and class actions. Upon accepting these Frequency Chain Terms, both parties forfeit their entitlement to a trial by jury and their participation in class actions or class arbitrations.

Waiver of class action and representative claims: According to the fullest extent permissible by applicable law, each party agrees that dispute resolution will exclusively occur on an individual basis, excluding involvement of any class (or alleged class), consolidated, multiple plaintiff, or representative action or proceeding ("class action"). Both parties forgo the right to participate as a plaintiff or class member in any class action. Both parties unambiguously relinquish the ability to initiate a class action in any forum. In the event that a dispute, claim, or controversy is subjected to arbitration, the arbitrator is devoid of authority to merge or consolidate claims, preside over a class action, or grant relief to an individual or entity not part of the arbitration. Moreover, the parties consent to the arbitrator not administering proceedings for multiple claims or supervising a class action. Should the restrictions enumerated in this paragraph be decreed invalid or unenforceable, and in the absence of a mutual agreement to the contrary, the arbitration agreement shall be considered void for such a proceeding, permitting progression as a class action. If a court deems the limitations in this paragraph invalid or unenforceable, any alleged class, private attorney general, or consolidated or representative action must be filed with a court possessing appropriate jurisdiction, rather than through arbitration.

17.5 Status as Independent Entities; Non-Exclusive Entitlements

Both parties function as autonomous entities, with these Frequency Chain Terms failing to establish a partnership, joint venture, agency, or employer-employee relationship. Neither party, nor any affiliates, operates as an agent of the other, and they lack the authority to bind the opposing party. Both parties retain the prerogative: (a) to devise or engage in the development of similar or competing products, services, ideas, systems, or strategies; and (b) to aid third-party developers or systems integrators presenting products or services that rival the other party's offerings. You acknowledge the prohibition of misrepresenting or inflating the association between you and us, which includes any implications of our support, sponsorship, endorsement, or contribution to your endeavours, absent written consent. Any intimation of a relationship or affiliation between us and you shall adhere solely to the boundaries established by these Frequency Chain Terms.

17.6 Absence of Professional Counsel; No Fiduciary Responsibilities

All information dispensed through the Frequency Chain Services or the Site is exclusively for informational purposes, devoid of constituting professional advice. You should neither take nor abstain from taking any action based on data encountered within the Frequency Chain Services or the Site. Prior to making any financial, legal, or other decisions tied to the Frequency Chain Services or the Site, it is prudent to consult an independent, duly licensed, and qualified individual in the relevant field. These Frequency Chain Terms are not designed to enforce or impose any fiduciary duties on our part. To the furthest extent permissible by law, you concede and accept our lack of fiduciary duties or liabilities toward you or any other entity. Any such duties or liabilities, whether they exist in law or equity, are overtly disclaimed, waived, and annulled. Moreover, you concur that the sole duties and obligations we owe you are those explicitly outlined within these Frequency Chain Terms.

17.7 Absence of Waivers

Any waiver or omission to enforce any provision of these Frequency Chain Terms on a specific occasion shall not translate to a waiver of any other provision or of the same provision on another occasion. Our failure to act concerning a breach by you or other parties does not preclude us from acting related to that breach or subsequent, akin breaches.

17.8 Provision Validity

If any provision within these Frequency Chain Terms is adjudicated invalid, illegal, or unenforceable by a competent court, the provision shall be deemed severable from these Frequency Chain Terms. This severance shall not impact the legitimacy or enforceability of the surviving provisions. To render the provision valid and enforceable, it shall be amended or interpreted to the extent necessary.

17.9 Force Majeure Events

We cannot be held liable or accountable for any failure to perform, or delay in performance of, our obligations stated within these Frequency Chain Terms due to circumstances beyond our reasonable control (a "Force Majeure Event"). Such an event encompasses, though is not confined to, strikes, lockouts, or other industrial actions initiated by third parties, civil commotion, riots, invasions, terrorist attacks, wars (declared or not), or the anticipation or preparation for warfare, fires, explosions, storms, floods, earthquakes, subsidence, pandemics, epidemics, or other natural disasters, the impracticality of utilizing railways, ships, aircraft, motor transport, or other public or private transportation methods, the impracticality of using public or private telecommunications networks, or the enactments, decrees, legislations, regulations, or restraints of governmental entities.

17.10 Communication Protocols

For all notices, requests, demands, or other forms of communication within the scope of these Frequency Chain Terms, written correspondence shall be deemed properly delivered: (a) upon receipt, if delivered personally or dispatched via certified or registered mail (with a return receipt requested) or a recognized international courier service; or (b) upon sending, if transmitted via email (with confirmation of receipt). Such communication should be directed to the appropriate party at the designated address or email address provided below, or at any alternate address or email address designated through mutual notification:

Effective Initiation

The commencement date of these Frequency Chain Terms is indicated at the inception of this document.

We extend our gratitude for dedicating time to review these Frequency Chain Terms. Upon using the Frequency Chain Services or the Site, you thereby consent to adhere to the terms and conditions set forth herein.